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

Vol. 146 WASHINGTON, WEDNESDAY, OCTOBER 11, 2000 No. 126 Senate (Legislative day of Friday, September 22, 2000)

The Senate met at 9:32 a.m. on the staff—stopped in our tracks and really sion and debate off with thanking my expiration of the recess, and was called asked for Your help, You would inter- good friend and colleague, Senator to order by the President pro tempore vene and help this Senate achieve PAUL WELLSTONE. He and I have [Mr. THURMOND]. unity with both excellence and effi- worked together on this bill the entire The PRESIDENT pro tempore. The ciency? In our heart of hearts we know year. We have come at this from dif- Chaplain will now deliver the opening You would, and will, if we ask You with ferent points of view. I think we have prayer. a united voice of earnestness. Dear worked together and come up with an God, bless this Senate. We relinquish excellent proposal and package. I hope PRAYER our control and ask You to take for unanimous support from the Sen- The Chaplain, Dr. Lloyd John charge. It’s hard to be willing, but we ate. Ogilvie, offered the following prayer: are willing to allow You to make us We got near that in the House, with The Psalmist gives us a timely word willing. You are our Lord and Saviour. a vote of 377–1. I have spoken with that for this pressured week, ‘‘Cast your Amen. one person who deeply regrets voting burden on the Lord, and He will sustain f against us on this bill. It was actually you.’’—Psalm 55:22. for another provision that was in the Let us pray. PLEDGE OF ALLEGIANCE bill. This is an important piece of legis- Gracious God, we come to You with The Honorable MIKE CRAPO, a Sen- lation. our burdens. You know that we all ator from the State of Idaho, led the carry both personal and professional The sex trafficking victims legisla- Pledge of Allegiance, as follows: tion is here under a previous order, and burdens. Beneath the surface of studied I pledge allegiance to the Flag of the composure, we all have loved ones for there will be up to 7 hours of debate on United States of America, and to the Repub- the conference report we are going to whom we are concerned, friends who lic for which it stands, one nation under God, are troubled, and unresolved problems indivisible, with liberty and justice for all. discuss. Senator THOMPSON will raise a about which we find it difficult to stop f point of order against the report and is worrying. expected to appeal the ruling of the At many different levels, we feel the RECOGNITION OF THE ACTING Chair. Therefore, a vote on the appeal, tension of finishing the work of the MAJORITY LEADER as well as a vote on adoption of the 106th Congress. The election ap- The PRESIDENT pro tempore. The conference report, is expected to occur proaches with additional burdens for Senator from Kansas is recognized. during this afternoon’s session. The Senators running for reelection. Chal- f Senate will also consider the VA–HUD lenges here do not let up, and the prob- appropriations bill and the conference lems in the state mount up. Mean- SCHEDULE report to accompany the Agriculture while, peace of mind is up for grabs as Mr. BROWNBACK. Mr. President, appropriations bill, with votes on both we struggle with differing agendas for today the Senate will begin debate on expected to occur prior to today’s ad- the legislation before the Senate. the conference report to accompany journment. Lord, could it be that if we all—Re- H.R. 3244, the sex trafficking victims I thank my colleagues for their at- publicans and Democrats, Senators and legislation. I want to start this discus- tention.

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

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VerDate 11-MAY-2000 03:06 Oct 12, 2000 Jkt 089060 PO 00000 Frm 00001 Fmt 4624 Sfmt 8633 E:\CR\FM\A11OC6.000 pfrm01 PsN: S11PT1 S10164 CONGRESSIONAL RECORD — SENATE October 11, 2000 RESERVATION OF LEADER TIME It happens every single day. Not just in tistics are difficult to assess. But the United The PRESIDING OFFICER (Mr. Israel, which has deported nearly 1,500 Rus- Nations estimates that four million people sian and Ukrainian women like Irina in the throughout the world are trafficked each CRAPO). Under the previous order, lead- past three years. But throughout the world, year—forced through lies and coercion to ership time is reserved. where selling naive and desperate young work against their will in many types of ser- f women into sexual bondage has become one vitude. The International Organization for of the fastest-growing criminal enterprises Migration has said that as many as 500,000 TRAFFICKING VICTIMS PROTEC- in the robust global economy. women are annually trafficked into Western TION ACT OF 2000—CONFERENCE . . . Many end up like Irina. Stunned and Europe alone. REPORT outraged by the sudden order to prostitute Many end up like Irina. Stunned and out- The PRESIDING OFFICER. The Sen- herself, she simply refused. She was beaten raged by the sudden order to prostitute her- ate will now proceed to the conference and raped before she succumbed. Finally she self, she simply refused. She was beaten and report accompanying H.R. 3244. got a break. The brothel was raided and she raped before she succumbed. Finally she got The clerk will report the conference was brought here [to another place], the only a break. The brothel was raided and she was women’s prison in Israel. Now, like hundreds brought here to Neve Tirtsa in Ramle, the report. of Ukrainian and Russian women with no The legislative clerk read as follows: only women’s prison in Israel. Now, like hun- documents or obvious forgeries, she is wait- dreds of Ukrainian and Russian women with The Committee of Conference on the dis- ing to be sent home. no documents or obvious forgeries, she is agreeing votes of the two Houses on the waiting to be sent home. amendment of the Senate on the bill, H.R. This is a quote from Irina: 3244, an act to combat trafficking of persons, ‘‘I don’t think the man who ruined my life ‘‘I don’t think the man who ruined my life especially into the sex trade, slavery, and will even be fined,’’ she said softly, slow will even be fined,’’ she said softly, slow slavery-like conditions, in the United States tears filling her enormous green eyes. ‘‘You tears filling her enormous green eyes. ‘‘You and countries around the world through pre- can call me a fool for coming here. That’s can call me a fool for coming here. That’s vention, through prosecution and enforce- my crime. I am stupid. A stupid girl from a my crime. I am stupid. A stupid girl from a ment against traffickers, and through pro- little village. But can people really buy and little village. But can people really buy and tection and assistance to victims of traf- sell women and get away with it? Sometimes sell women and get away with it? Sometimes ficking, having met, have agreed that the I sit here and ask myself if that really hap- I sit here and ask myself if that really hap- House recede from its disagreement to the pened to me, if it can really happen at all.’’ pened to me, if it can really happen at all.’’ amendment of the Senate, and agree to the Then, waving her arm toward a muddy Then, waving her arm toward the muddy same with an amendment, and the Senate prison yard, where Russian is spoken more prison yard, where Russian is spoken more agree to the same, signed by a majority of commonly than Hebrew, she whispered one commonly than Hebrew, she whispered one the conferees on the part of both Houses. last thought: ‘‘I am not the only one, you last thought: ‘‘I’m not the only one, you The PRESIDING OFFICER. The Sen- know. They have ruined us all.’’ know. They have ruined us all.’’ ate will proceed to the consideration of I ask unanimous consent to have TRAFFIC PATTERNS: RUSSIA AND UKRAINE the conference report. printed in the RECORD the full text of SUPPLY THE FLESH (The report was printed in the House this article. Centered in Moscow and the Ukrainian proceedings of the RECORD of October 5, There being no objection, the mate- capital, Kiev, the networks trafficking 2000.) rial was ordered to be printed in the women run east to Japan and Thailand, The PRESIDING OFFICER. The Sen- RECORD, as follows: where thousands of young Slavic women now ¨ work against their will as prostitutes, and ator from Kansas is recognized. TRAFFICKERS’ NEW CARGO: NAIVE SLAVIC west to the Adriatic Coast and beyond. The Mr. BROWNBACK. Mr. President, I WOMEN routes are controlled by Russian crime gangs believe under the uniform unanimous (By Michael Specter) consent agreement that we have, time based in Moscow. Even when they do not spe- RAMLE, ISRAEL.—Irina always assumed cifically move the women overseas, they pro- has been allocated to several different that her beauty would somehow rescue her vide security, logistical support, liaison with Members of the Senate to speak on this from the poverty and hopelessness of village brothel owners in many countries and, usu- conference report; is that correct? life. A few months ago, after answering a ally, false documents. The PRESIDING OFFICER. The Sen- vague ad in a small Ukrainian newspaper, Women often start their hellish journey by ator is correct. she slipped off a tour boat when it put in at choice. Seeking a better life, they are lured Mr. BROWNBACK. Mr. President, let Haifa, hoping to make a bundle dancing by local advertisements for good jobs in for- me start this debate and discussion naked on the tops of tables. eign countries at wages they could never with the story of Irina. Irina’s story She was 21, self-assured and glad to be out imagine at home. appeared in the New York Times not of Ukraine. Israel offered a new world, and In Ukraine alone, the number of women for a week or two everything seemed pos- that long ago, and it is similar to the who leave is staggering. As many as 400,000 sible. Then, one morning, she was driven to women under 30 have gone in the past dec- story of a number of women with whom a brothel, where her boss burned her passport I have met and who have been caught ade, according to their country’s Interior before her eyes. Ministry. The Thai Embassy in Moscow, in this situation of sex trafficking— ‘‘I own you,’’ she recalled his saying. ‘‘You which processes visa applications from Rus- young ladies I met with in Nepal, and are my property and you will work until you sia and Ukraine, says it receives nearly 1,000 several testified in committee. I think earn your way out. Don’t try to leave. You visa applications a day, most of these from Irina’s story tells in graphic detail why have no papers and you don’t speak Hebrew. women. You will be arrested and deported. Then we this is a problem and why the Senate Israel is a fairly typical destination. Pros- will get you and bring you back.’’ titution is not illegal here, although brothels needs to act. It happens every single day. Not just in are, and with 250,000 foreign male workers— Irina always assumed that her beauty Israel, which has deported nearly 1,500 Rus- most of whom are single or here without would somehow rescue her from the poverty sian and Ukrainian women like Irina in the their wives—the demand is great. Police offi- and hopelessness of village life. A few past three years. But throughout the world, ¨ cials estimate that there are 25,000 paid sex- months ago, after answering a vague ad in a where selling naıve and desperate young ual transactions every day. Brothels are small Ukrainian newspaper, she slipped off a women into sexual bondage has become one ubiquitous. tour boat when it put in at Haifa, hoping to of the fastest-growing criminal enterprises make a bundle dancing naked on the tops of in the robust global economy. None of the women seem to realize the tables. The international bazaar for women is risks they run until it is too late. Once they She was 21, self-assured and glad to be out hardly new, of course. Asians have been its cross the border their passports will be con- of Ukraine. Israel offered a new world, and basic commodity for decades. But economic fiscated, their freedoms curtailed and what for a week or two everything seemed pos- hopelessness in the Slavic world has opened little money they have taken from them at sible. Then, one morning, she was driven to what experts call the most lucrative market once. a brothel, where her boss burned her passport of all to criminal gangs that have flourished ‘‘You want to tell these kids that if some- before her eyes. since the fall of Communism: white women thing seems too good to be true it usually ‘‘I own you,’’ she recalled his saying. ‘‘You with little to sustain them but their dreams. is,’’ said Lyudmilla Biryuk, a Ukrainian psy- are my property and you will work until you Pimps, law enforcement officials and relief chologist who has counseled women who earn your way out. Don’t try to leave. You groups all agree that Ukrainian and Russian have escaped or been released from bondage. have no papers and you don’t speak Hebrew. women are now the most valuable in the ‘‘But you can’t imagine what fear and real You will be arrested and deported. Then we trade. ignorance can do to a person.’’ will get you and bring you back.’’ Because their immigration is often ille- The women are smuggled by car, bus, boat That was her master. The article gal—and because some percentage of the and plane. Handed off in the dead of night, goes on. women choose to work as prostitutes—sta- many are told they will pick oranges, work

VerDate 11-MAY-2000 02:41 Oct 12, 2000 Jkt 089060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G11OC6.008 pfrm01 PsN: S11PT1 October 11, 2000 CONGRESSIONAL RECORD — SENATE S10165 as dancers or as waitresses. Others have de- jotting notes furiously as she spoke. ‘‘We can RECRUITING METHODS: ADS MAKE OFFERS TOO cided to try their luck at prostitution, usu- get the police on this, but we need some- GOOD TO BE TRUE ally for what they assume will be a few lu- thing. If they call back, tell them to give us One typical ad used by traffickers in Kiev crative months. They have no idea of the vi- a clue. The street number. The number of a last year read: ‘‘Girls: Must be single and olence that awaits them. bus that runs past. One thing is all we need.’’ very pretty. Young and tall. We invite you The efficient, economically brutal rou- Ms. Shved hung up and called officials at for work as models, secretaries, dancers, tine—whether here in Israel, or in one of a Ukraine’s Interior Ministry and the Foreign choreographers, gymnasts. Housing is sup- dozen other countries—rarely varies. Women Ministry. Her conversations were short, di- plied. Foreign posts available. Must apply in are held in apartments, bars and makeshift rect and obviously a routine part of her job. person.’’ brothels; there they service, by their own That is because Ukraine—and to a lesser One young woman who did, and made it count, as many as 15 clients a day. Often degree its Slavic neighbors Russia and back alive, described a harrowing journey. ‘‘I they sleep in shifts, four to a bed. The best Belarus—has replaced Thailand and the Phil- met these guys and they asked if I would that most hope for is to be deported after the ippines as the epicenter of the global busi- work at a strip bar,’’ she said. ‘‘Why not, I police finally catch up with their captors. ness in trafficking women. The Ukrainian thought. They said we would have to leave at Few ever testify. Those who do risk death. problem has been worsened by a ravaged once. We went by car to the Slovak Republic Last year in Istanbul, Turkey, according to economy, an atrophied system of law en- where they grabbed my passport. I think Ukrainian police investigators, two women forcement, and criminal gangs that grow they got me new papers there, but threat- were thrown to their deaths from a balcony more brazen each year. Young European ened me if I spoke out. We made it to Vi- while six of their Russian friends watched. women are in demand, and Ukraine, a coun- enna, then to Turkey. I was kept in a bar and In Serbia, also last year, said a young try of 51 million people, has a seemingly end- I was told I owed $5,000 for my travel. I Ukrainian woman who escaped in October, a less supply. It is not that hard to see why. worked for three days, and on the fourth I woman who refused to work as a prostitute Neither Russia nor Ukraine reports accu- was arrested.’’ was beheaded in public. rate unemployment statistics. But even par- Lately, the ads have started to disappear In Milan a week before Christmas, the po- tial numbers present a clear story of chaos from the main cities—where the realities of lice broke up a ring that was holding auc- and economic dislocation. Federal employ- such offers are known now. These days the tions in which women abducted from the ment statistics in Ukraine indicate that appeals are made in the provinces, where countries of the former Soviet Union were more than two-thirds of the unemployed are their success is undiminished. put on blocks, partially naked, and sold at women. The Government also keeps another Most of the thousands of Ukrainian women an average price of just under $1,000. statistic: employed but not working. Those who go abroad each year are illegal immi- ‘‘This is happening wherever you look are people who technically have jobs, and grants who do not work in the sex business. now,’’ said Michael Platzer, the Vienna- can use company amenities like day-care Often they apply for a legal visa—to dance, based head of operations for the United Na- centers and hospitals. But they do not work or work in a bar—and then stay after it ex- tions’ Center for International Crime Pre- or get paid. Three-quarters are women. And pires. vention. ‘‘The mafia is not stupid. There is of those who have lost their jobs since the Many go to Turkey and Germany, where less law enforcement since the Soviet Union Soviet Union dissolved in 1991, more than 80 Russian crime groups are particularly power- fell apart and more freedom of movement. percent are women. ful. Israeli leaders say that Russian women— The earnings are incredible. The overhead is The average salary in Ukraine today is they tend to refer to all women from the low—you don’t have to buy cars and guns. slightly less than $30 a month, but it is half former Soviet Union as Russian—disappear Drugs you sell once and they are gone. that in the small towns that criminal gangs off tour boats every day. Officials in Italy es- Women can earn money for a long time.’’ favor for recruiting women to work abroad. timate that at least 30,000 Ukrainian women ‘‘Also,’’ he added, ‘‘the laws help the gang- On average, there are 30 applicants for every are employed illegally there now. sters. Prostitution is semilegal in many job in most Ukrainian cities. There is no real Most are domestic workers, but a growing places and that makes enforcement tricky. hope; but there is freedom. number are prostitutes, some of them having In most cases punishment is very light.’’ In that climate, looking for work in for- been promised work as domestics only to In some countries, Israel among them, eign countries has increasingly become a find out their jobs were a lie. Part of the there is not even a specific law against the matter of survival. problem became clear in a two-year study re- sale of human beings. ‘‘It’s no secret that the highest prices now cently concluded by the Washington-based Mr. Platzer said that although certainly go for the white women,’’ said Marco Buffo, nonprofit group Global Survival Network: ‘‘tens of thousands’’ of women were sold into executive director of On the Road, an anti- police officials in many countries just don’t prostitution each year, he was uncomfort- trafficking organization in northern Italy. care. able with statistics since nobody involved ‘‘They are the novelty item now. It used to The network, after undercover interviews has any reason to tell the truth. be Nigerians and Asians at the top of the with gangsters, pimps and corrupt officials, ‘‘But if you want to use numbers,’’ he said, market. Now it’s the Ukrainians.’’ found that local police forces—often those ‘‘think about this. Two hundred million peo- Economics is not the only factor causing best able to prevent trafficking—are least in- ple are victims of contemporary forms of women to flee their homelands. There is also terested in helping. slavery. Most aren’t prostitutes, of course, social reality. For the first time, young Gillian Caldwell of Global Survival Net- but children in sweatshops, domestic work- women in Ukraine and Russia have the right, work has been deeply involved in the study. ers, migrants. During four centuries, 12 mil- the ability and the willpower to walk away ‘‘In Tokyo,’’ she said, ‘‘a sympathetic sen- lion people were believed to be involved in from their parents and their hometowns. Vil- ator arranged a meeting for us with senior the slave trade between Africa and the New lage life is disintegrating throughout much police officials to discuss the growing preva- World. The 200 million—and many of course of the former Soviet world, and youngsters lence of trafficking from Russia into Japan. are women who are trafficked for sex—is a are grabbing any chance they can find to The police insisted it wasn’t a problem, and current figure. It’s happening now. Today.’’ save themselves. they didn’t even want the concrete informa- DISTRESS CALLS: FAR-FLUNG VICTIMS PROVIDE ‘‘After the wall fell down, the Ukrainian tion we could have provided. That didn’t sur- FEW CLUES people tried to live in the new cir- prise local relief agencies, who cited in- The distress call came from Donetsk, the cumstances,’’ said Ms. Shved. ‘‘It was very stances in which police had actually sold bleak center of coal production in southern hard, and it gets no easier. Girls now have trafficked women back to the criminal net- Ukraine. A woman was screaming on the few and opportunities yet great freedom. works which had enslaved them.’’ telephone line. Her sister and a friend were They see ‘Pretty Woman,’ or a thousand OFFICIAL REACTIONS: BEST-PLACED TO HELP, prisoners in a bar somewhere near Rome. movies and ads with the same point, that BUT LEAST INCLINED They spoke no Italian and had no way out, somebody who is rich can save them. The Complacency among police agencies is not but had managed, briefly, to get hold of a glory and ease of wealth is almost the basic uncommon. man’s cell phone. point of the Western advertising that we see. ‘‘Women’s groups want to blow this all out ‘‘Do you have any idea where they are, ex- Here the towns are dying. What jobs there of proportion,’’ said Gennadi V. Lepenko, actly?’’ asked Olga Shved, who runs La are go to men. So they leave.’’ chief of Kiev’s branch of Interpol, the inter- Strada in Kiev, Ukraine’s new center dedi- First, however, they answer ads from em- national police agency. ‘‘Perhaps this was a cated to fighting the trafficking of women in ployment agencies promising to find them problem a few years ago. But it’s under con- Eastern Europe and the countries of the work in a foreign country. Here again, Rus- trol now.’’ former Soviet Union. sian crime gangs play a central role. They That is not the view at Ukraine’s Par- The woman’s answer was no. Ms. Shved often recruit people through seemingly in- liament—which is trying to pass new laws to began searching for files and telephone num- nocuous ‘‘mail order bride’’ meetings. Even protect young women—or at the Interior bers of the local consul, the police, anybody when they do not, few such organizations can Ministry. who could help. operate without paying off one gang or an- ‘‘We have a very serious problem here and ‘‘Do they know how far from Rome they other. Sometimes want ads are almost hon- we are simply not equipped to solve it by are?’’ she asked, her voice tightening with est, suggesting that the women earn up to ourselves,’’ said Mikhail Lebed, chief of each word. ‘‘What about the name of the $1,000 a month as ‘‘escorts’’ abroad. Often criminal investigations for the Ukrainian In- street or bar? Anything will help,’’ she said, they are vague or blatantly untrue. terior Ministry. ‘‘It is a human tragedy, but

VerDate 11-MAY-2000 02:41 Oct 12, 2000 Jkt 089060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\A11OC6.006 pfrm01 PsN: S11PT1 S10166 CONGRESSIONAL RECORD — SENATE October 11, 2000 also, frankly, a national crisis. Gangsters I want to thank and recognize my to take a few moments to thank some make more from these women in a week staff, Sharon Payt and Karen Knutson, key people who have brought us to this than we have in our law enforcement budget two people who have worked tirelessly point today. Some of them are in the for the whole year. To be honest, unless we Galleries as I speak. They are people of get some help we are not going to stop it.’’ and endlessly to deal with this par- But solutions will not be simple. Criminal ticular issue. heart, courage, and intelligence whose gangs risk little by ferrying women out of Our anti-trafficking bill is the first advocacy made a way for this bill— the country; indeed, many of the women go complete legislation to address the whose dedication pried open the doors voluntarily. Laws are vague, cooperation be- growing practice of international and let the light shine into this dark- tween countries rare and punishment of traf- ‘‘trafficking’’ worldwide. This is one of ness. Among them is Senator fickers almost nonexistent. Without work or the largest manifestations of modern- WELLSTONE who started this work long much hope of a future at home, an eager day slavery internationally. Notably, before I came on board. He and his teenager will find it hard to believe that the promise of a job in Italy, Turkey or Israel is this legislation is the most significant wife, most notably, 3 years ago started almost certain to be worthless. human rights bill of the 106th Con- advocating on this particular issue. I ‘‘I answered an ad to be a waitress,’’ said gress, if passed today, as hoped for. know he stands firmly and strongly Tamara, 19, a Ukrainian prostitute in a mas- This is also the largest anti-slavery bill today as one of the principal advocates sage parlor near Tel Aviv’s old Central Bus that the United States has adopted to set this aside, and he brought this Station, a Russian-language ghetto for the since 1865 and the demise of slavery at forward and seeks to go forward from cheapest brothels. ‘‘I’m not sure I would go here to help those who are victims of back now if I could. What would I do there, the end of the Civil War. Therefore, I stand on a bread line or work in a factory for greatly anticipate this vote today in these crimes. no wages?’’ the Senate on this legislation. I also thank Congressmen CHRIS Tamara, like all other such women inter- Senator WELLSTONE’s and my traf- SMITH and SAM GEJDENSON. I would viewed for this article, asked that her full ficking bill, which passed in the Senate also like to thank Gary Haugen of the name not be published. She has classic Slav- on July 27 of this year, was conferenced International Justice Mission and Dr. ic features, with long blond hair and deep to reconcile the differences with the Laura Lederter of the Protect Project green eyes. She turned several potential cus- at Johns Hopkins University. Dr. tomers away so she could speak at length House bill, and the conference report was filed on October 5, Thursday, of Laura Lederter of the Protect Project with a reporter. She was willing to talk as at Johns Hopkins University is the along as her boss was out. She said she was last week. The final conference pack- not watched closely while she remained age contains four additional pieces of foremost authority in the country on within the garish confines of the ‘‘health legislation which are substantially ap- tracking from where and to where club.’’ propriate to our bill. Most significant these victims are trafficked. ‘‘I didn’t plan to do this,’’ she said, looking among those bill amendments is the I have up here one of the maps she in- sourly at the rich red walls and leopard Violence Against Women Act, known troduced of women who have been traf- prints around her. ‘‘They took my passport, ficked out of Russia and Ukraine with as VAWA, which provides relief and as- so I don’t have much choice. But they do the fall of the Soviet Union. With the sistance to those who suffer domestic give me money. And believe me, it’s better increased travel out of there to free- than anything I could ever get at home.’’ violence in America. Thus, the addi- dom, we have seen a huge amount of tional four bills included in this con- * * * * * trafficking also taking place. These are Mr. BROWNBACK. Mr. President, ference report include the Violence the routes out of Russia and Ukraine Irina’s story is told all too often and is Against Women Act. This is a reau- and where they go—to Canada, to the reenacted all too often around the thorization of the initial bill which was United States, to Mexico, to Europe, to world today. Our Government esti- passed in 1994 as part of the Omnibus Africa and Asia, to Australia and New mates that between 600,000 and 2 mil- Crime Control Act; this legislation re- Zealand. This is the work of her lion women are trafficked each year news several grant programs to assist project. beyond international borders. They are law enforcement officers, social service I also want to thank Michael Horo- trafficked for the purpose of sexual providers, and others dealing with sex- witz of the Hudson Institute, and Glo- prostitution by organized crime units ual crime and domestic violence. ria Steinem, whom I am not noted to and groups that are aggressively out Also in this package is Aimee’s law, thank, is part of this coalition; Chuck making money off the trafficking of which provides for interstate com- Colson, Jessica Neuworth, William human flesh. It is wrong. This bill pensation for the costs of incarceration Bennett, the National Association of seeks to deal with that wrong and that of early-release sex offenders who com- Evangelicals, the Southern Baptist tragedy that has occurred and is occur- mit another sex crime in a second Convention, among others I’m sure I’m ring around the world today. State. It is based on the circumstances forgetting. I would also like to thank This is significant human rights leg- of what happened in a Pennsylvania the staff for both the Senate and islation that this body is going to pass. case where a murderer was released House, including Joseph Rees, David I hope, predict, and pray that it will early out of a Nevada prison, went to Abramowitz, Charlotte Oldham-Moore, pass today. It is significant human Pennsylvania, and kidnapped and bru- Jill Hickson, Mark Lagon, and my staff rights legislation for those poor young tally raped and murdered a young girl Karen Knutson and Sharon Payt. victims who are trafficked and who are there who was in the very flower of life Thank you all. We are here today at caught sometimes with the view that, and coming forth. This law is built final passage because of all your ef- ‘‘I am just stupid, I got caught in this,’’ upon that terrible crime that took forts. but who live this horrible, hellish life place in Pennsylvania. This legislation is our best oppor- they have been put into and trafficked Also in this package is the 21st tunity to challenge the largest mani- into and can’t find their way out. Amendment Enforcement Act, which festation of slavery worldwide, known The conference report is entitled allows for State attorneys general to as ‘‘trafficking.’’ This practice of traf- ‘‘The Victims of Trafficking and Vio- enforce their State alcohol control ficking involves the coercive transpor- lence Protection Act of 2000.’’ As I laws in Federal court, including laws tation of persons into slavery-like con- mentioned previously, it passed the prohibiting sales to minors, which ditions, primarily involving forced House of Representatives on Friday, strengthens the grant of authority to prostitution, among other forms of October 6, by a vote of 371–1. States under the 21st amendment to slavery-like conditions. The Senate will vote on this con- the Constitution; and the Justice for Trafficking is the new slavery of the ference report today, with the lead un- Victims of Terrorism Act, which au- world. These victims are routinely derlying bill being the Brownback- thorizes the payment of foreign seized forced against their will into the sex Wellstone anti-trafficking legislation. assets to American victims of inter- trade, transported across international Senator WELLSTONE and I have been national terrorism. borders, and left defenseless in a for- working for the last year on this legis- The last step to adopting this legisla- eign country. This bill also addresses lation, which is a companion to the tive package in Congress rests with the the insidious practice known as ‘‘debt Smith-Gejdenson bill in the House Senate today. bondage,’’ wherein a person can be known as the Trafficking Victims Pro- Before I continue describing this ur- enslaved to the money lender for an en- tection Act of 2000. gently needed legislation, I would like tire lifetime because of a $50 debt

VerDate 11-MAY-2000 02:41 Oct 12, 2000 Jkt 089060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\A11OC6.009 pfrm01 PsN: S11PT1 October 11, 2000 CONGRESSIONAL RECORD — SENATE S10167 taken by the family for an emergency. I ask unanimous consent on any told us after the breakup of the Soviet This is a common practice in countries quorum calls that might be called dur- Union and the ascendancy of the mob, throughout the South Asian region. ing the discussion of this conference re- trafficking in women and girls became People of conscience have fought port, that time be allotted and assessed a booming industry that destroyed the against the different manifestations of against all allocated time to speak lives of the youngest and most vulner- slavery for centuries. This anti-slavery under the bill, including myself and able in their home countries. legislation is in the tradition of Wil- Senator WELLSTONE, along with Sen- We began work on the bill then, and liam Wilberforce and Amy Carmichael ator BIDEN, Senator HATCH, and Sen- 3 years later, after extraordinary bipar- of England, who were ardent abolition- ator LEAHY, who have all been allo- tisan effort, tremendous leadership ists against different forms of slavery. cated time. I ask the quorum calls be from Senators BROWNBACK and LEAHY, Amy Carmichael was a British mis- equally divided between those who and SAM GEJDENSON and CHRIS SMITH, sionary to India at the turn of last cen- have time under the bill. and others, it passed the House with a tury, in the early 1900’s. Upon arrival, The PRESIDING OFFICER. Without vote of 371–1. Now it is poised to pass she was mortified to discover the rou- objection, it is so ordered. the Senate. tine practice of forced temple prostitu- Mr. BROWNBACK. I finally note to Our Government estimates that 2 tion. This was and continues to be a others who seek to speak on this bill, I million people are trafficked each year. practice wherein young girls, from age invite Members to come to the floor to Of those, 700,000 women and children, six onward, are dedicated to the local make comments. At the conclusion of primarily young girls, are trafficked temple, and are then forced into pros- our presentation, a vote will occur on from poor countries to rich countries titution against their will to generate this conference report. and sold into slavery, raped, locked up, income. Upon this morbid discovery, I yield the floor. physically and psychologically abused, Amy Carmichael began to physically The PRESIDING OFFICER. The Sen- with food and health care withheld. Of steal the young girls away from this ator from Minnesota. those, as many as 50,000 immigrants incredibly degrading form of slavery, Mr. WELLSTONE. Mr. President, I are brought into the United States hiding the girls to escape the inevi- thank the Chair. each year, and they wind up trapped in table backlash of violence. Eventually, I thank my colleague, Senator brothels, sweatshops, and other types the government outlawed this practice BROWNBACK, for his very gracious re- of forced labor, abused and too fearful of forced temple prostitution, as a re- marks. It has been an honor to work to seek help. sult of her efforts. However, it bears with him on this legislation. I think a Traffickers exploit the unequal sta- noting that this terrible practice con- very strong friendship has come out of tus of women and girls, including tinues today, in a lesser degree, in this effort. There are some times when harmful stereotypes of women as prop- rural villages throughout South Asia, we can work and reach out and have erty and sexual objects to be bought including India. the most interesting and I hope impor- and sold. Traffickers have also taken This bill challenges the myriad forms tant coalition. Working with Senator advantage of the demand in our coun- of slavery including sex trafficking, BROWNBACK, Sharon Payt, and Karen try and others for cheap, unprotected temple prostitution, and debt bondage, Knutson has been the best legislative labor. For the traffickers, the sale of among other forms. work. At the end of the day, I believe human beings is a highly profitable, This new phenomenon of sex traf- today we will pass this legislation. low-risk enterprise as these women are ficking is growing exponentially. Some Members can feel they have done some- viewed as expendable and reusable report that it is, at least, $7 billion per thing really good. They can make a commodities. year illicit trade, exceeded only by the positive difference. I thank Senator Overall, profit in the trade can be international drug and arms trade. Its BROWNBACK for his great leadership and staggering. It is estimated that the size victims are enslaved into a devastating his great work for each step along the of this business is $7 billion annually, brutality against their will, with no way. In all the negotiations, all the only surpassed by that of the illegal hope for release or justice, while its work that has been done, the Senator arms trade. Trafficking has become a perpetrators build criminal empires on has been there. I thank the Senator. this suffering with impunity. Our legis- major source of new income for crimi- I want to talk about Charlotte nal rings. It is coldly observed that lation will begin to challenge these in- Oldham-Moore and Jill Hickson, who justices. drugs are sold once while a woman or a have worked with me and our staff, This is the new slavery of the world, child can be sold 10 or 20 times a day. who have done a great job. There are Dr. Kevin Bales of the University of In the United States, Thai traffickers Surrey in England recently testified other people who will be on the floor who incarcerated Thai women and men for us before the Senate Foreign Rela- who put this together—especially the in sweatshops in El Monte, CA, are es- tions Committee. He astutely observed Violence Against Women Act—Senator timated to have made $8 million in 6 that the new slavery has a peculiar LEAHY, Senator BIDEN, Senator HATCH, years. Further, Thai traffickers who quality which does not look like the and others, and SAM GEJDENSON and enslaved Thai women in a New York old forms associated with lifetime CHRIS SMITH have been phenomenal. I brothel made about $1.5 million over 1 bondage as a chattel slave, but it is thank them for their yeoman work on year and 3 months. slavery nonetheless. the House side. I also thank Frank Loy Last year, Albanian women were kid- Sex trafficking is among the most and Harold Koh at the State Depart- napped from Kosovo refugee camps and common forms of the new slavery and ment for their work. trafficked to work in brothels in Tur- typically entails shorter periods of The trafficking of human beings for key and Europe. Closer to home, orga- bondage, usually asking for 5 to 6 forced prostitution and sweatshop nized crime has trafficked Russian and years, or whenever something like labor is a rapidly growing human Ukranian women into sexually AIDS or tuberculosis is contracted, rights abuse. It is one of the greatest exploitive work in dozens of cities in after which the victim is thrown out on aspects of the globalization of the the United States of America. Just the street, broken, without community world economy. The Victims of Traf- next door, law enforcement authorities or resources, left to die. I have met ficking and Violence Protection Act of suspected mafia involvement in the with people caught in that condition. 2000 is the first piece of legislation to gruesome murder of a Russian woman Women and children are routinely address the widespread practice of the trafficked to Maryland. forced against their will. Sex traf- trafficking of men, women, and chil- All of these cases reflect a new condi- fickers favor girls aging in the range of dren into sweatshop labor and sexual tion: Women whose lives have been dis- 10 to 13. bondage. rupted by civil wars or fundamental I have a number of other things I My wife Sheila urged me to do some- changes in political geography, such as could say, but my time is limited. I thing about this problem several years the disintegration of the Soviet Union know a number of people want to speak ago. Consequently, she and I spent or the violence in the Balkans, have on this bill. I ask to reserve the re- time with women trafficked from the fallen prey to traffickers. mainder of my time. I will turn the Ukraine to work in brothels in Western Seeking financial security, many in- floor over to Senator WELLSTONE. Europe and the United States. They nocent persons are lured by traffickers’

VerDate 11-MAY-2000 02:41 Oct 12, 2000 Jkt 089060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\A11OC6.004 pfrm01 PsN: S11PT1 S10168 CONGRESSIONAL RECORD — SENATE October 11, 2000 false promises of a better life and lu- Teenage Mexican girls were held in guards, and an electronic monitoring crative jobs abroad. Seeking this better slavery in Florida and the Carolinas, system, and were forced to submit to life, they are lured by local advertise- and they were forced to submit to pros- sex with as many as 400 customers to ments for good jobs in foreign coun- titution. repay their smuggling debt, the traf- tries at wages they could never imag- Russian and Latvian women were fickers received 4 years and 9 years—in ine at home. However, when they ar- forced to work in nightclubs in the the United States of America, in the rive, these victims are often stripped of Midwest. According to charges filed year 2000. their passports, held against their will, against the traffickers, the traffickers I thank Senator BROWNBACK for his some in slave-like conditions, in the picked the women up upon their arrival work. It is important. year 2000. at the airport, seized their documents A review of the trafficking cases Rape, intimidation, and violence are and return tickets, locked them in ho- showed that the penalties were light commonly employed by traffickers to tels and beat them. This is in our coun- and they did not reflect the multitude control their victims and to prevent try. The women were told that if they of the human rights abuses perpetrated them from seeking help. Through phys- refused to work in sexually exploitive against these women. The statutory ical isolation and psychological trau- conditions, the Russian Mafia would minimum for sale into involuntary ser- ma, traffickers and brothel owners im- kill their families. Furthermore, over a vitude is only 10 years, whereas the prison women in a world of economic 3-year period, hundreds of women from maximum for dealing in small quan- and sexual exploitation that imposes a the Czech Republic who answered ad- tities of certain drugs is life. constant threat of arrest and deporta- vertisements in Czech newspapers for Let me repeat that. The statutory tion, as well as violent reprisals by the modeling were ensnared in an illegal minimum for sale into involuntary ser- traffickers themselves to whom the prostitution ring. vitude is only 10 years, whereas the women must pay off ever-growing Trafficking in persons for labor is an maximum for dealing in small quan- debts. That is the way this works. enormous problem as well. The INS has tities of certain drugs is life. Many brothel owners actually prefer also worked on cases involving South Few State and Federal laws are foreign women, women who are far Asian children smuggled into the aimed directly at people who deliver or from help and from home, who do not United States to work in slavery-like control women for the purpose of invol- speak the language, precisely because conditions. In one case, about 100 In- untary servitude or slavery in sweat- of the ease of controlling them. Most of dian children, some of them as young shops or brothels. Consequently, pros- these women never imagined they as 9 or 10, were brought into New York ecutors are forced to assemble cases would enter such a hellish world, hav- and shuffled around the country to using a hodgepodge of laws, such as ing traveled abroad to find better jobs work in construction and restaurants— document fraud and interstate com- or to see the world. ages 9 and 10, in the United States; merce, and accept penalties that they Many in their naivete believe noth- believe are too light for the offense. Up ing bad can happen to them in the rich today, in the United States—2000. until this legislation, there was no way and comfortable countries such as Some of the children appear to have for the prosecutors to go after these Switzerland or Germany or the United been sold by their parents to the traf- fickers. In Woodbine, MD, a pastor traffickers. States. Others are less naive, but they The Victims of Violence and Traf- are desperate for money and oppor- bought Estonian children, ages 14 to 17, promising them they would attend ficking Protection Act of 2000 estab- tunity. But they are no less hurt by the lishes, for the first time, a bright line trafficker’s brutal grip. Calvery Chapel Christian Academy, but between the victim and the perpe- Trafficking rings are often run by then forcing them to clean roach-in- trator. It punishes the perpetrator and criminals operating through nominally vested apartments and to do construc- reputable agencies. In some cases over- tion. The children worked 15 hours a provides a comprehensive approach to seas, police and immigration officials day. The children were threatened and solving the root problems that create of other nations participate and benefit punishments included denial of food millions of trafficking victims each from the trafficking. Lack of aware- and being forced to stand in one spot year. This legislation aims to prevent traf- ness or complacency among govern- for prolonged periods. ment officials such as border control The bitter irony is that quite often ficking in persons, provide protection and consular offices contributes to the victims are punished more harshly and assistance to those who have been problem. Furthermore, traffickers are than the traffickers because of their il- trafficked, and strengthen prosecution rarely punished, as official policies legal immigration status, their serving and punishment for those who are re- often inhibit victims from testifying as prostitutes, or their lack of docu- sponsible for the trafficking. It is de- against their traffickers, making traf- ments, which the traffickers have con- signed to help Federal law enforcement ficking a highly profitable, low-risk fiscated in order to control the victims. officials expand antitrafficking efforts business venture for some. A review of the trafficking cases here and abroad, to expand domestic Trafficking abuses are occurring not showed that the penalties were light antitrafficking and victim assistance just in far-off lands but here at home in and did not reflect the multitude of efforts, and to assist nongovernment America as well. The INS has discov- human rights abuses perpetrated organizations, governments and others ered 250 brothels in 26 different cities against these women. worldwide, who are providing critical which involve trafficking victims. This In a Los Angeles case, traffickers assistance to victims of trafficking. It is from a CIA report. This is the whole kidnapped a Chinese woman, raped her, addresses the underlying problems problem of no punishment—being able forced her into prostitution, posted which fuel the trafficking industry by to do this with virtual impunity. guards to control her movements, and promoting public antitrafficking In a 1996 trafficking case involving burned her with cigarettes. Neverthe- awareness campaigns and initiatives in Russian and Ukrainian women who an- less, the lead defendants received 4 other countries to enhance economic swered ads to be au pairs, sales clerks years and the other defendants re- opportunity, such as microcredit lend- and waitresses, and were forced to pro- ceived 2 and 3 years. That is what they ing programs and skills training, for vide sexual services and live in a mas- received. those who are most susceptible to traf- sage parlor in Bethesda, MD, the Rus- In a tragic case involving over 70 ficking, and have an outreach so sian-American massage parlor owner Thai laborers who had been held women and girls as young as 10 and 11 was fined. He entered a plea bargain against their will, systematically know what they might be getting into. and charges were dropped with the re- abused, and made to work 20-hour It also increases protections and striction that he would not operate a shifts in a sweatshop, the seven defend- services for trafficking victims by es- business again in Montgomery County. ants received sentences ranging from 4 tablishing programs designed to assist The women, who had not been paid any to 7 years with one defendant receiving in the safe reintegration of victims salary and were charged $150 for their 7 months. into their communities and ensure that housing, were deported or left the In another case where Asian women such programs address both the phys- United States voluntarily. There was were kept physically confined for years ical and mental health needs of traf- no charge at all. with metal bars on the windows, ficking victims.

VerDate 11-MAY-2000 02:41 Oct 12, 2000 Jkt 089060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G11OC6.015 pfrm01 PsN: S11PT1 October 11, 2000 CONGRESSIONAL RECORD — SENATE S10169 Imagine what it would be like to be It requires the President to suspend about that very important piece of leg- age 12 or 13, a young girl, to go through ‘‘nonhumanitarian and nontrade’’ as- islation. For me, to see both of these this. We have, in Minnesota, the Center sistance to only the worst violators on bills pass and to see it happen today is for the Treatment of Torture Victims. the list of countries which do not meet one of the best days I can have in the It is a holy place. I have had an oppor- these minimum standards and who ac- Senate. I yield the floor. tunity to meet with staff and meet tively condone this human rights The PRESIDING OFFICER. The Sen- with many men and women who have abuse. This is a major piece of human ator from Vermont. been helped by this center. These girls, rights legislation. This is a major Mr. LEAHY. Mr. President, if the these women, have gone through the human rights bill. Senator from Massachusetts will with- same living hell. These are the rare governments hold for a moment, is my under- This legislation also increases pro- which are openly complicit in traf- standing correct that the Senator from tections and services for trafficking ficking people across their borders. It Vermont has 3 hours? victims by providing community sup- allows the Congress to monitor closely The PRESIDING OFFICER. The Sen- port. Furthermore, the bill seeks to the progress of countries in their fight ator is correct. stop the practice—and this is so impor- against trafficking, and it gives the ad- Mr. LEAHY. Mr. President, for the tant. I am sitting next to Senator KEN- ministration flexibility to couple its information of colleagues, I do not in- NEDY who has done so much with the diplomatic efforts to combat traf- immigration work. This bill seeks to tend to use all that time. At some ficking with targeted enforcement ac- point, I am going to yield back a con- stop the practice of immediately de- tion. Finally, the bill provides three porting the victims back to potentially siderable amount of time. I know there generous waivers. are Senators on both sides of the aisle dangerous situations by providing By passing the Victims of Violence them with some interim immigration who have commitments tonight, some and Trafficking Act today, this Cham- connected with the debates of the two relief. Victims of ‘‘severe forms of traf- ber will take a historic step toward the ficking,’’ defined as people who were parties’ Presidential nominees. It is my elimination of trafficking in persons. hope we will be voting fairly early this held against their will—‘‘for labor or Thanks to the partnership of Jewish services through the use of force, fraud, afternoon—a vote on the Thompson and Evangelical groups, women and point of order and final passage. or coercion for the purpose of subjec- human rights organizations, and oth- tion to involuntary servitude, peonage, I yield such time as the Senator from ers, we will take a historic and effec- Massachusetts needs, and I ask unani- debt bondage or slavery’’—would be eli- tive step against organized crime rings gible for a special visa letting them mous consent that I then be able to and corrupt public officials who each yield to the Senator from California. stay in the country at least through year traffic more than 2 million people the duration of their captors’ prosecu- The PRESIDING OFFICER. Without into desperate, broken lives of bondage tion, and perhaps permanently.*****- objection, it is so ordered. The Senator and servitude. from Massachusetts. *****- -Name: -Payroll No. -Folios: Something important is in the air -Date: -Subformat: when such a broad coalition of people, Mr. KENNEDY. Mr. President, I Right now, if you are a Ukrainian including Bill Bennett, Gloria Steinem, greatly appreciate the absolutely girl or woman in a massage parlor in Rabbi David Sapperstein, Ann Jordan, splendid presentation by my friend and Bethesda, and you step forward to get and Chuck Colson work together for colleague, Senator WELLSTONE. I agree some help, you are deported. The traf- the passage of this legislation. I am with him on so many issues. His state- ficker is hardly prosecuted. The victim ment today was one of his very best. is automatically deported. This pro- thankful for their support, I am thank- ful for the support of the administra- We can certainly understand the ex- vides temporary visa protection. traordinary work he has done, along I will give an example. In a 1996 traf- tion, and I am thankful for your sup- port today in seeking to end this hor- with Senator BROWNBACK and others, ficking case involving Russian and to make sure this legislation is consid- Ukrainian women who had answered rible, widespread, and growing human rights abuse. ered. All of us will forever be grateful ads to be au pairs, sales clerks, and to him for his leadership in this ex- waitresses but were forced to provide By way of conclusion, I say to my colleagues, starting with Senator tremely important area. I certainly sexual services and live in a massage am. I thank him for an absolutely parlor in Bethesda, MD, 2 miles from BROWNBACK, I believe with passage of this legislation—I believe it will pass splendid presentation. here, the Russian American massage Mr. President, I’m pleased that the parlor owner was fined. He entered a today and the President will sign it— we are lighting a candle. We are light- Senate is finally about to pass the re- plea bargain and charges were dropped authorization of the Violence Against with the restriction that he would not ing a candle for these women and girls Women Act. The current authorization operate his business again in Mont- and sometime men forced into forced for the Act expired on September 30, gomery County. The women, who had labor. I also think because of the work and it has taken far too long to bring not been paid any salary, were forced of so many in the House and the Sen- this important extension to the Senate into prostitution, and were charged for ate, this can be a piece of legislation floor. their housing, were deported. that other governments in other parts This legislation toughens current of the world can pass as well. This is A woman is beaten every 15 seconds Federal trafficking penalties, criminal- the beginning of an international effort as a result of domestic violence. Every izing all forms of trafficking in persons to go after this trafficking, to go after year, one-third of the women who are and establishing punishment commen- this major, god-awful human rights murdered are killed by their husbands surate with the heinous nature of this abuse, this horrible exploitation of or partners, and approximately one crime. The bill establishes specific laws women, sometimes men, and of girls. million women are stalked. Conserv- against trafficking. Violators can be I am very proud of this legislation. I ative estimates indicate that 60 per- sentenced to prison for 20 years to life, thank my colleague from Kansas. I cent of disabled women, up to 25 per- depending on the severity of the crime. thank other colleagues as well. cent of pregnant women, and 1 out of 25 Yes, if you are trafficking a young girl Mr. President, how much time do I elderly people have suffered domestic and forcing her into prostitution, you have remaining? violence. can face a life sentence. They can also The PRESIDING OFFICER (Mr. This isn’t a problem that only affects be forced to make full restitution to HAGEL). The Senator has 36 minutes re- adults. Each year, 3.3 million children their victims, paying them the salary maining. are exposed to domestic violence. In that would have been due for their Mr. WELLSTONE. Mr. President, I homes where abuse of women occurs, months or years of involuntary service. reserve the remainder of my time. The children are 1,500 times more likely to This bill requires expanded reporting other part of this legislation that is so be abused as well. Whether they wit- on trafficking, including a separate list significant, and I know colleagues are ness the violence or are actually as- of countries which are not meeting here to speak about it, is the reauthor- saulted by the abuser, many children minimum standards for the elimi- ization of the Violence Against Women learn shocking behavior from adults. 12 nation of trafficking. Act. I want to reserve time to speak percent of high school dating couples

VerDate 11-MAY-2000 02:41 Oct 12, 2000 Jkt 089060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G11OC6.018 pfrm01 PsN: S11PT1 S10170 CONGRESSIONAL RECORD — SENATE October 11, 2000 have suffered abuse in their relation- battered immigrants by restoring ac- certain bars to immigration relief for ships, and often these teenagers are cess to a variety of legal protections qualified applicants. For example, bat- themselves victims of abuse at home. undermined by the 1996 immigration tered immigrant women acting in self- Eighteen year-old Tanyaliz Torres laws. The Violence Against Women Act defense are often convicted of domestic and her mother were stabbed to death passed in 1994 included provisions that violence crimes. Under the 1996 immi- by her father in Springfield, Massachu- allowed battered immigrants to apply gration law, they became deportable setts. Fifty-eight-year-old Mabel for legal status without the coopera- and are denied relief under the Vio- Greineder of Wellesley, Massachusetts tion of their abusers, and enabled vic- lence Against Women Act. The Attor- was stabbed and bludgeoned to death tims to seek protective orders and co- ney General will be able to use the by her husband. From October 1999 operate with law enforcement officials waiver authority to help battered im- through September 2000, 24 Massachu- to prosecute crimes of domestic vio- migrants who otherwise qualify for re- setts women and children were killed lence. lief. as a result of domestic violence. It is a Unfortunately, the subsequent Also, recently divorced battered im- national epidemic that touches every changes in immigration laws have re- migrants will be able to file self-peti- community in the country. duced access to those protections. tions. Current law allows only battered The Violence Against Women Act Thousands of battered immigrants are immigrant women currently married was enacted in 1994 to address this again being forced to remain in abusive to their abusive spouses to qualify for problem and provide greater safety and relationships, out of fear of being de- relief. As a result, many abusers have peace of mind for millions of women ported or losing their children. The successfully rushed to the court house and their families. The act creates a pending bill removes obstacles cur- to obtain divorces, in order to deny re- partnership between the public sector rently hindering the ability of battered lief to their immigrant spouse. This and the private sector at every level— immigrants to escape domestic vio- provision will prevent this unfair re- Federal, State, and local. Its goal is to lence safely and prosecute their abus- sult and ensure that victims are not establish a safety net of new programs ers. wrongly deprived of the legal protec- and policies, including community- It restores and expands vital legal tion they need. based services for victims, a National protections like 245(i) relief. This pro- These and other important measures Domestic Violence Hotline, needed vision will assist battered immigrants, will do a great deal to protect battered technological assistance, and larger like Donna, who have been in legal immigrants and their children from do- numbers of well-trained law enforce- limbo since the passage of the 1996 im- mestic violence and free them from the ment officers and prosecutors. migration laws. Donna, a national of fear that often prevents them from The national Hotline gives women Ethiopia, fled to the U.S. in 1992 after prosecuting these crimes. Congress en- across the country immediate access to her father, a member of a prominent acted the Violence Against Women Act the help they need. Since its initiation political party, was murdered. In 1994, in 1994 to help all victims of domestic in 1996, it has received over 500,000 Donna met Saul, a lawful permanent violence, regardless of their citizen- calls. When a Spanish-speaking woman resident and native of Ethiopia. They ship. It is long past time to restore and in Arizona needed shelter for herself married and moved to Saul’s home in expand these protections. and her three children, the Hotline Massachusetts. Two years later, Saul I am also pleased that the legislation called a shelter in Phoenix, found a began drinking heavily and gradually includes authorization for increased Spanish-speaking counselor, and gave became physically and verbally abu- funds for the National Domestic Vio- the caller the counselor’s name and di- sive. The abuse escalated and Donna lence Hotline. Consistent with last rections to the shelter. In the countless was forced to flee from their home. She year’s funding, the bill authorizes $2 cases, the Hotline is an invaluable re- moved in with close family friends who million a year for the hotline and en- source, and we must do all we can to helped her seek counseling. She also sures that the Hotline will be an effec- support it. filed a petition for permanent resi- tive source of assistance, providing In Massachusetts, $20 million under dence under the provisions of the Vio- vital services to women, children, and the Violence Against Women Act has lence Against Women Act. their families. been awarded to advocacy organiza- Unfortunately, with the elimination A second, equally important part of tions, law enforcement personnel, and of 245(i), the only way for Donna to ob- the bill we are considering today is the State and local governments. The tain her green card is to return to Trafficking Victims Protection Act, Wampanoag Tribe of Gay Head re- Ethiopia, the country where her father which condemns and combats the traf- ceived funding to develop and strength- was murdered. The possibility of re- ficking of persons into forced prostitu- en tribal justice strategies to remedy turning there terrifies her. This legis- tion or forced labor, a practice that is violent crimes against Indian women lation will enable her to obtain her tantamount to modern day slavery. and to develop and strengthen services green card here, where she has the sup- Enactment of this legislation will for victims. port and protection of family and ac- strengthen laws that punish traffickers The act also supports HarborCOV— cess to the domestic violence coun- and ensure protection for their vic- Harbor Communities Overcoming Vio- seling she needs. tims—most of whom are women and lence—a Massachusetts program serv- Under this act, battered immigrants children. ing Chelsea and Greater Boston. In ad- will also have up to one year from the One of the most important of these dition to its core services, HarborCOV entry of an order of removal to file mo- provisions expands assistance and pro- has an economic development compo- tions to reopen prior deportation or- tection to victims of severe forms of nent which helps survivors move from ders. The Attorney General may waive trafficking, ensuring that they receive welfare to work. Employment training the one year deadline on the basis of appropriate shelter and care, and are and employment referrals are also pro- extraordinary circumstances or hard- able to remain in the United States to vided to help domestic violence victims ship to the battered immigrant’s child. assist in the prosecution of traffickers. find jobs. This Act will also expand remedies Relief from deportation is also critical The reauthorization will ensure that for battered immigrants living abroad for victims who could face retribution support for these programs and others with spouses and parents serving in the or other hardship if removed from the will continue. It also includes impor- United States military or other federal United States. tant new measures, such as transi- positions. Current law only allows bat- Sara, a native of Sri Lanka, was tional housing assistance and a $175 tered immigrants residing in the promised a lucrative job as a house- million authorization for shelters, United States to request this relief. keeper. Upon arrival in the U.S., Sara which will be significant additional This bill will make it easier for these was virtually imprisoned in her em- tools in the battle against domestic vi- immigrants and their children to es- ployer’s Massachusetts home, and sub- olence. cape abusive relationships and obtain jected to physical and sexual assault. One of the most important provisions the help they deserve. She bore three children as a result of in the bill is the Battered Immigrant The legislation also grants the Attor- rape. After 5 years of living in cap- Protection Act. This provision helps ney General the discretion to waive tivity and isolation, she was finally

VerDate 11-MAY-2000 02:41 Oct 12, 2000 Jkt 089060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G11OC6.021 pfrm01 PsN: S11PT1 October 11, 2000 CONGRESSIONAL RECORD — SENATE S10171 able to escape. This legislation will United States on this issue? The fact getting it done.... We can work day and provide persons like Sara with the pro- is, we are basically AWOL, we are A-W- night for the next 3 weeks. tection and rights they need to assist O-L on this issue. It is the first time in Senate floor, July 25, 2000: in the prosecution of these despicable 35 years that we have failed to reau- We will keep trying to find a way to go crimes. thorize this legislation. back to this legislation this year and get it Finally, this legislation also includes I understand, as we remain here for completed. an important provision to provide com- these final days, that we will have a That was on July 25, and we are still pensatory damages to Frank Reed and conference report for agriculture, that waiting. other American citizens who were vic- we will have a series of appropriations The fact is, we are failing to meet tims of Iranian terrorism. conference reports, but there is no rea- this central challenge. Our Presidential In 1986, Frank Reed, of Malden, MA, son in the world we can’t go back and candidates are talking about the issue was kidnapped in Lebanon. At the complete this legislation in the time of education, but they are talking time, he was a private citizen and that we are in here waiting for the var- about it in a vacuum because the Sen- president of the Lebanese International ious appropriations bills. ate of the United States is failing to School. During his 44-month captivity, We continue to challenge the Repub- take up this particular issue which he was blindfolded, chained, tortured, lican leadership to bring this back. makes such a difference to families, and held in solitary confinement for 2 There is still unfinished business in and that is strengthening academic years. His captors periodically fed him education and in the area of minimum achievement and accomplishment. The arsenic, from which his health still suf- wage. There is unfinished business on fact is that we are in a new world of fers. the Patients’ Bill of Rights and on the technology and it is demanding. We In 1990, he was released to Syrian prescription drug issue. have to refocus and re-prioritize the Army intelligence officers in Beirut, I want to reemphasize exactly where whole issue of education to make sure who took him to the U.S. Embassy in we are on the issue of the Elementary that it addresses the needs of today’s Damascus. I met him when he returned and Secondary Education Act. These economy and society. This is going to to the United States after his tragic are statements that have been made by be central in terms of our national de- and traumatic ordeal. the Republican leader, Senator LOTT’s bate and discussion. That is what this A U.S. judge ordered the Iranian Gov- promise on education, going back to debate is all about. ernment to provide Frank Reed and his January 6, 1999. He said: What is going to be our involvement wife with $26 million in compensatory Education is going to be a central issue in terms of helping families? The fact damages, but the Government has re- this year.... For starters, we must reau- is that we are absent in this debate be- fused to comply. thorize the Elementary and Secondary Edu- cause we are refusing to conclude ac- Under the legislation we are approv- cation Act. That is important. tion. ing today, the U.S. Government will Remarks to U.S. Conference of May- This is what is happening in Amer- provide the funding. The amount will ors, January 29, 1999: ica. More students are now taking the be recovered in turn by the U.S. Gov- But Education is going to have a lot of at- SATs. 83 percent of four-year colleges ernment from the Iranian Government tention, and it’s not going to be just use SAT scores as a factor in admis- through a Foreign Military Sales Ac- words.... sion. Increasing numbers of students count that holds $400 million. Press conference, June 1999: are recognizing that a college edu- Frank Reed suffered immensely at cation is the key to success in Amer- the hands of his brutal captors, and so Education is number one on the agenda for Republicans in the Congress this year.... ica. Families understand the impor- did his family, and he deserves this tance of taking those tests; children Remarks to the U.S. Chamber of compensation. understand it. We want to make sure Commerce in February of 2000: I strongly support the Violence we are helping those families who have Against Women Act of 2000, the Traf- We’re going to work very hard on edu- children taking the SATs and those ficking Victims Protection Act, and cation. I have emphasized that every year who would like their children to take the Justice for Victims of Terrorism I’ve been Majority Leader.... And Repub- licans are committed to doing that. the SATs. Act. This legislation will ensure that As depicted on this chart, this is we are doing much more to protect A speech to the National Conference what has happened. From 1995, 42 per- women from violence and abuse, and it of State Legislatures, February 3, 2000: cent of the children were taking SATs, deserves to be enacted as soon as pos- We must reauthorize the Elementary and and it is up to 44 percent in 2000. sible. Secondary Education Act.... Education More students are also taking ad- will be a high priority in this Congress. ELEMENTARY AND SECONDARY EDUCATION ACT vanced math and science classes be- Mr. President, I want to also address On the Senate floor, May 1, 2000: cause they understand that in a highly the Senate for just a few moments on This is very important legislation. I hope technological world, with new kinds of another matter of importance to fami- we can debate it seriously and have amend- demands in terms of technology, they lies all across this country which is ments in the education area. Let’s talk edu- are going to have to do more in terms cation. central to their concerns, and that is, of math and science courses. We see in- what has happened to this Senate’s Press stakeout, May 2, 2000: creases in the number of students tak- commitment to passing and reauthor- Question: Senator, on ESEA, have you ing advanced classes in pre-calculus, izing the Elementary and Secondary scheduled a cloture vote on that? calculus, and physics. Young people are Education Act? That legislation is the Senator LOTT: No, I haven’t scheduled a doing their share. The real question is cloture vote.... But education is number whether we in the Congress are going backbone of Federal participation in one in the minds of the American people all helping local communities strengthen across this country and every State, includ- to do ours. The answer comes back academic achievement and accomplish- ing my own State. For us to have a good, that, no, we are not. Look at what has ment. We are now going into the final healthy, and even a protracted debate and been happening with the SAT math days of this Congress and we still have amendments on education, I think is the way scores. They are higher now than in the not reauthorized that central piece of to go. last 30 years, and they are continu- legislation even though we have had We agree with that statement. We ously moving up. The indicators are all strong commitment by the majority still have some time, while we are positive. You would not know that lis- party that this was a priority and that waiting for the appropriators to con- tening to Governor Bush last week. We we were going to have consideration of clude their work, where we ought to be know we are facing challenges across this legislation. bringing this back and having a full de- the country, but look at the SAT math We heard a great deal during the re- bate. We are prepared to do that. We scores; they are the highest in 30 years. cent debates of our two candidates for think it can be done. More kids are taking the SAT, and still President and our two candidates for Senate floor, July 10, 2000: the scores are moving up. I think we Vice President about education. But I, too, would very much like to see us com- ought to understand what is happening our American families are wondering, plete the Elementary and Secondary Edu- out there. Some progress is being whatever happened to the Senate of the cation Act.... I feel very strongly about made.

VerDate 11-MAY-2000 02:54 Oct 12, 2000 Jkt 089060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G11OC6.023 pfrm01 PsN: S11PT1 S10172 CONGRESSIONAL RECORD — SENATE October 11, 2000 Now, this doesn’t mean that progress eight votes and one was a voice vote. Senator BROWNBACK. I thank Senator is being made in all of the States. That So that meant seven rollcalls and three BIDEN and Senator HATCH. is very important, indeed. Looking at of them were virtually unanimous. So We have a very important bill before the State SAT averages and progress we really didn’t have much debate and us. I think the Trafficking Victims made since 1997, some States have done discussion. We had 16 days of debate on Protection Act sort of stands on its much better than others. I am glad my the bankruptcy legislation and 55 dif- own. I would love to have seen that own State of Massachusetts has moved ferent amendments on it. So it is a come on its own because it is a land- up some 8 points, from an average total matter of prioritizing. mark piece of legislation. I felt the SAT score of 1,016 in 1997 to 1,024 in I dare say we are failing to meet the same way about the Violence Against 2000. We have had major educational responsibilities to families across this Women Act. reforms. We have done many things in country who want to have investment That is a landmark piece of legisla- our State in terms of smaller class in the kinds of educational programs tion. Unfortunately, I think we have sizes, better trained teachers, and that are going to work and who under- issues and pieces of legislation that afterschool programs. We are not doing stand their children are living in a new shouldn’t be in here. But that is the all the things we need to be doing, but age of technological challenges. They way it goes. How you would ever get to we have done a lot. We have also taken want to see their children move ahead the point where you would put an issue advantage of Net Day to try, in a vol- academically. We have seen that chil- that deals with sales of wine on the untary way, to get good computers in dren are prepared to do that. We have Internet is beyond me. I don’t think classrooms with well-trained teachers. seen them taking more difficult people really get what we do here when We also have found out in this discus- courses. They are taking the chal- we take these issues and blend them sion and debate that not all the lenges of SATs. They are prepared to together. But let’s call it the way it is. States—including the State of Texas— move ahead. The Trafficking Victims Protection have made progress. It is interesting Some of the States are moving ahead Act and the Violence Against Women that actually the State of Texas has boldly, such as North Carolina, in Act are so important that Members are declined some 2 points in their average terms of their efforts. But we have to willing to say, even if they didn’t agree total SAT score since 1997. They ask ourselves: Where in the world are with all the appendages, they are will- dropped from an average score of 995 in the Congress and Senate in terms of ing to go along with them. I am going 1997 to 993 in 2000. They are also below helping and assisting families in this to make some comments about each the national SAT total score average. area? The fact of the matter is that we piece that is in this legislation. The national average has gone up 3 are AWOL. We have failed to do our The Violence Against Women Act is points from 1997 to 2000, but the State homework. If we were students with very near and dear to my heart because of Texas has gone down 2 points. That this behavior, we would be in the prin- in 1990 I was over in the House, where is a 5-point spread. So I think when we cipal’s office for several hours in dis- I served very proudly for about 10 listen to these debates about what cipline. years, and Senator BIDEN came to me ought to be done, we ought to try to We are going to continue to talk and said: Would you be willing to offer take with a grain of salt what has been about this. I see that we now are going the Violence Against Women Act in the happening in Texas over the period of to have a continuing resolution that House? He had authored it in the Sen- these last 3 years. will go into next week. We may go even ate. I was extremely pleased to agree. In addition, looking back at the further. There is no reason in the world The whole issue of domestic violence trend over the last 10 years, as I under- we can’t use these interludes to take in our country up until that time was stand it, in SAT verbal scores since on one of the really important issues never discussed. It was swept under the 1990, Texas has been 10 points below the for families; that is, the reauthoriza- rug. Even though we knew it was bru- national average. By 2000, the gap had tion of the Elementary and Secondary talizing women and children, we didn’t grown to 12 points. In math, Texas has Education Act. have the courage to act. In those early been 12 points below the national aver- I thank the Senator from Vermont years, it was very hard to get attention age. By 2000, the gap has grown to 14 for yielding time. paid to violence against women. points. The PRESIDING OFFICER. The Sen- I was able in the House to get I think we want to have leadership at ator from Vermont. through just a couple of pieces of that the national level that is going to Mr. LEAHY. Mr. President, I believe legislation. But it wasn’t until I came bring continued improvement. We under the unanimous consent agree- to the Senate with Senator BIDEN that know we have challenges. We know we ment that I can now yield to the dis- we really orchestrated tremendous sup- have challenges in urban areas and we tinguished Senator from California. I port for the bill. In 1994, we got it have challenges in rural areas. But we ask the Senator from California how through as part of the Crime Act. It also know some of the things that much time she would like. has proven itself. work. The STARS Program, as we have Mrs. BOXER. Between 10 and 15 min- In this particular reauthorization, we seen in Tennessee, has been very im- utes. will provide $3.3 billion in funding over portant in terms of enhancing chil- Mr. LEAHY. I yield 15 minutes to the the next 5 years to protect victims of dren’s academic achievement and ac- distinguished Senator from California. domestic abuse and violence. We have complishment. So many have worked so hard on made tremendous progress. We have We know what has happened when we this. The distinguished Senators from seen a reduction of about 21 percent in focus on getting better teachers in Massachusetts and Minnesota have domestic violence. But still to this day, schools, such as in the State of Con- spoken already, but especially Sen- we have a national crisis that shatters necticut. Much of the progress there ators BOXER, MIKULSKI, LINCOLN, the lives of millions of women across has been under Republican as well as LANDRIEU, MURRAY, and FEINSTEIN the country and tears at the very fab- Democratic Governors. We want to try have worked so hard. ric of our society. to find out what has worked in these I yield 15 minutes to the Senator Reauthorizing these programs sends States and then have an opportunity to from California. a much needed message to those who try to give general national application I ask the Chair how much time is re- even think about lifting a hand to a to it. But we are effectively being maining for the Senator from Vermont. spouse or think about lifting a hand to closed out by the Republican leader- The PRESIDING OFFICER. The Sen- an innocent child that we will not ship from having this debate. That is ator has 2 hours 35 minutes remaining. stand silently by and that we in fact what families ought to understand Mr. LEAHY. I thank the Chair. will protect those victims of domestic across this country. The PRESIDING OFFICER. The Sen- violence. We are basically being told we can’t ator from California. We know that nationwide nearly one have a debate here in the Senate on the Mrs. BOXER. Mr. President, thank in every three adult women experiences issue of education. We had 6 days when you very much. I thank my friend from at least one physical assault by an inti- the measure was before the Senate, and Vermont for all his hard work. I thank mate partner. We know for a fact that 2 days were for debate only. We had my friend, Senator WELLSTONE. I thank domestic violence is the leading cause

VerDate 11-MAY-2000 02:41 Oct 12, 2000 Jkt 089060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G11OC6.026 pfrm01 PsN: S11PT1 October 11, 2000 CONGRESSIONAL RECORD — SENATE S10173 of injury to women age 15 to 44, with those men who abuse their female part- vote, hopefully a unanimous vote. Then nearly one-third of women who are ners also abuse their children. It be- we ought to look at one of the people murdered being murdered by a husband comes a way of life and a way of com- who has made this act such a success. or a boyfriend. municating for which we should have What a wonderful tribute it would be Although domestic violence affects zero tolerance. These abused children to the women of America to make both men and women, the over- are at high risk for violent, delinquent Bonnie Campbell a judge. whelming majority of domestic vio- behavior. The National Institute for I join with Senator HARKIN on this lence victims happen to be women. Justice reports that being abused as a because I know he has been quite dis- That is why a majority of the services child increases a child’s likelihood of tressed that such an excellent nominee authorized under the Violence Against arrest as a juvenile by 53 percent. We has had a hearing, but her nomination Women Act focus on the unique cir- know even when they are young they has not come out of committee. We cumstances of women in abusive rela- are more apt to be arrested and get in know of no one who is opposed to tionships. trouble. We know when they are adult Bonnie Campbell. I think it would be a Again, we have made progress. Since and they marry they are more likely to fitting tribute to the women of Amer- 1994, when the bill passed and President abuse a spouse. ica to bring her nomination quickly to Clinton signed it into law, there has When we talk about the Violence the floor. been a 21-percent decrease in intimate Against Women Act, we are not talking I appreciate the work of Senator partner violence and we have increased only about women. We are also talking WELLSTONE and Senator BROWNBACK on battered women’s shelters by 60 per- about the children. If there is anything the Trafficking Victims Protection cent. we can do in this hallowed hall of the Act. We know that some of these vic- I remember in those years when we Senate, it is to protect children. We tims have been subjected to the most were battling for this bill, we origi- have the Safe Havens for Children Pilot horrific lives, including rape, sexual nally pointed out that there were more Program; we have victims of child abuse, torture, starvation, and impris- shelters for animals than there were abuse programs funded; we have rural onment. The selling of naive and des- for battered women. I am proud to say domestic violence and child abuse en- perate women into sexual bondage has today we have seen an increase in the forcement grants. This package also in- become one of the fastest growing number of shelters so we can in fact ad- cludes training for judges and court criminal enterprises in the global econ- dress the critical needs of victimized personnel. We also, for the first time, omy. It is hard to understand how this women and their children, many of look at battered immigrants, which is could happen. But when people are in a whom have absolutely no place to go a very important issue, because we strange land and are frightened, they and therefore sometimes they are sometimes have people coming here look to others to protect them when forced to stay in these abusive rela- who don’t understand their rights. they really want to hurt and harm tionships. Where are they going to go? They need to understand their rights, them. This legislation authorizes $94 They will go out on the street if they that their bodies don’t belong to any- million over 2 years to stop this abhor- don’t have a loving family to go home one else, and they have a right to cry rent practice. to. It is a tragic situation indeed. out if they are abused. At the beginning of my remarks, I The bill ensures that we will be fund- There are many other programs reau- talked about sometimes attaching bills ing a continued increase in these shel- thorized by the Violence Against to other bills that make no sense. I am ters. But we also want to stop the vio- Women Act, such as those to combat sad to say this has the alcoholic bev- lence before it gets to that. We have sexual assault and rape, transitional erage sales attached to it. I am very STOP grants that provide moneys for housing, and civil, legal assistance. sorry for the small wineries in my rape prevention, and education grants, Again, a lot of these folks don’t under- State. I tried to protect them. I will and a 24-hour national domestic vio- stand their legal rights. We provide have some kind of a colloquy with Sen- lence hotline which is so important. grants to counsel them. We include ator HATCH on this. Half of our 900 Women in these circumstances need to protection for older and disabled wineries in California are run by fami- have a reassuring voice. They believe women. lies. They don’t have big, elaborate dis- sometimes that no one cares about It is hard to even imagine an older tributors; they don’t have a big dis- them; they are all alone. If they can woman in our society or a disabled per- tribution. Because of this they will dial that hotline and get professional son being victimized. Is there no rule need to sell their product on the Inter- help, it makes all the difference in the that would say to every human being net. I have nothing against the way world. that there has to be respect? Unfortu- wine is distributed, but the new tech- This bill will strengthen law enforce- nately, in some cases, these rules don’t nologies will make it possible for our ment efforts to reduce domestic vio- penetrate. So we have to get tough and many wine sellers to sell directly to lence by requiring the enforcement of make sure that we prevent this. How- consumers without the need to go other States’ protection orders as a ever, if it happens, we will crack down. through a middleman or middle person. condition of funding for some of the Again, I thank Senator JOE BIDEN for I think it is sad that we have attached grants. In other words, if you have a his work. It is very important. this because these very small family- batterer who tries to escape prosecu- Also, a judgeship that is being held owned wineries may well suffer. tion by going across State lines, we ad- up is the nomination of Bonnie Camp- I am going to be working with my dress this issue. bell to the U.S. Court of Appeals for colleagues. I know Senator LEAHY is This is very important. I want to the Eighth Circuit. One might ask quite sympathetic to this. We want to talk about the children. We talk about what it has to do with the Violence make sure there are no negative im- battered women, but we know—this is Against Women Act. The fact is, pacts from this legislation. We think an incredible fact as we look at the Bonnie Campbell has been the first and there will be. But we are going to fol- causes of violence in society, and we only Director of the Violence Against low this very closely. are right to look everywhere in the so- Women Office in the Department of The excuse given is, we will stop kids ciety—we need to understand if a Justice, and her nomination is being from buying on the Internet. That is a young boy sees his father beat his held up because of partisan politics in legitimate point. But we recommended mother, that child is twice as likely to the Senate. Here is a woman who paved a solution dealing directly with pre- abuse his own wife than the son of a the way for the Violence Against venting underage drinking, and it was nonviolent parent. If a child, particu- Women Act, ensuring it was successful, not accepted. In my heart of hearts, I larly a young boy, sees a father beat a and she is a perfect person to be a believe this is a special interest piece mother, he is twice as likely to abuse judge. She was the attorney general in of legislation to protect the distribu- his own spouse. Iowa for many years. Her achievements tors. It doesn’t do anything to protect We know 10 million children every and qualifications are obvious. If we young people from buying liquor. I year are exposed to domestic violence. really care about the Violence Against think it is a sad day for our small More alarming even than that is the Women Act, and I believe we do, then I wineries that are trying hard to sur- fact that 50 percent to 70 percent of believe we will have an overwhelming vive in California.

VerDate 11-MAY-2000 02:41 Oct 12, 2000 Jkt 089060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G11OC6.028 pfrm01 PsN: S11PT1 S10174 CONGRESSIONAL RECORD — SENATE October 11, 2000 In conclusion, I again thank Senator could address the issue of juveniles are finally going to have a vote on this LEAHY for this time. It is a wonderful buying liquor from the Internet, which bill, despite the fact there are other day. We finally got this Violence everyone agrees is a terrible thing. parts of this bill that I do not believe Against Women Act reauthorized. We This hurts our small wineries—let’s should be attached to it. I appreciate are going to put an end, hopefully, to call it the way it is—in favor of the big his efforts because this is an extremely the sex trafficking. It is a good day for distributors. important bill. the Senate. But on the Bonnie Campbell point, I I have come to the floor to express I only hope we will heed the words of particularly want to say to my friend my strong support for reauthorizing Senator KENNEDY now and get on with how much I have appreciated his lead- the Violence Against Women Act and education, get on with prescription ership on these judicial nominations. I to endorse the pending conference re- drugs, and get on with the real Pa- say today we would not have had even port. In communities across America, tients’ Bill of Rights. Let’s do our the meager number that we have had the Violence Against Women Act has work. We can do our work. The Amer- without his leadership and his pointing been an overwhelming success. It has ican people want us to do it. The way out, over and over again, that women empowered women and children to es- the procedure is going now, we have no and minorities are getting second-class cape violent relationships, and it has chance to offer amendments on edu- treatment here. helped to put abusers behind bars. On cation or health care. It is a shame. I ask my friend if he would recount, every account, the Violence Against I yield my time. briefly, the study he had quoted many Women Act deserves to be reauthor- The PRESIDING OFFICER. The Sen- times, showing that women and mi- ized. I urge my colleagues to support ator from Vermont. norities take about 3 months longer, on this vital legislation. Mr. LEAHY. Mr. President, I agree average, to get through; just his com- It is unfortunate that reauthoriza- with the distinguished Senator from ments on how it always seems we are tion was allowed to lapse this past California on Bonnie Campbell. As the here fighting for women or a minority. month, but I am pleased the Repub- one who has brought life into the Vio- It does not seem as if we have to fight lican leadership has finally agreed that lence Against Women Act, it is re- that hard for the white male. reauthorization must be a priority. I markable that she cannot even get a Mr. LEAHY. If the Senator will yield, wish we had reached the conclusion vote in this Chamber on her judicial the study was done by the non-partisan earlier in this session. nomination. Citizens for Independent Courts. In This subject deserves a much more I have said on the floor, although we fact, the former Republican Congress- open and extended debate than has are different parties, I have agreed man from Oklahoma, Mickey Edwards, been allowed, but I want to take full with Gov. George Bush, who has said co-chaired that study. They found, advantage of the opportunity before us, that in the Senate a nominee ought to without taking sides and without tak- the chance to reauthorize and get a vote, up or down, within 60 days. ing political stands, that women and strengthen the Violence Against I urge in the time remaining in this minorities took longer to be confirmed Women Act. VAWA has been nothing session that he, as the head of his by the Senate. Unfortunately, a lot of short of historic. party, as their Presidential nominee, those women and minorities are not Not long ago, domestic violence was call the Republican leader of the Sen- even getting a vote. considered a private family matter. ate and say that all of these women, all Again I say if Governor Bush means That perception made it very difficult of these minorities, in fact, all of the it, pick up the phone and call 202–224– for women to get help and for commu- people who have been sitting here for 3121; ask the Senate switchboard to nities to confront domestic violence. well over 60 days waiting for a vote on connect him to the Republican leader But all of that changed in 1994. I am their nomination, let them have a vote. and say: You know, I have made it a very proud to have worked to pass the Vote for them or vote against them. tenet of my campaign that the Senate Violence Against Women Act because, Bonnie Campbell deserves a vote. My should vote on a nomination within 60 for the first time, our Nation recog- guess is the reason she has not been days. You can bring every one of these nized domestic violence for what it is— brought for a vote is they know at people to the floor for a vote, up or a violent crime and a public health least 80 of the 100 Senators would vote down, today. Let’s do so. Who knows. threat. for her. It would be impossible to jus- We will find out how the Senate feels Through the Violence Against tify a vote against her because of her about them. Are they for them or are Women Act, we created a national extraordinary qualifications. they against them? Right now, instead strategy for dealing with violence Again, if Governor Bush is serious of voting yes or no, we vote ‘‘maybe,’’ against women. Today, looking back, it when he says have a vote within 60 by having one or two Senators in the is very clear just how revolutionary days, pick up the phone, call the Sen- dark of night put holds on these people. the act was. For the first time, it es- ate majority leader, reach him at the I see the distinguished Senator from tablished a community-wide response, switchboard, 202–224–3121, and ask him Washington State, who has been one of bringing together cops and prosecutors, to bring her to a vote. It is a very easy the great leaders on the issue of vio- shelters and advocates and others on thing to do. lence against women, on sex traf- the front lines of domestic violence. It I agree with the Senator on the ficking, and on these other issues. I ask authorized programs to give financial Internet alcohol bill. That was in- her, how much time does the Senator and technical support to police depart- cluded over my objection. It is unnec- from Washington require? ments to focus on domestic violence essary. It is dangerous to e-commerce. Mrs. MURRAY. Ten minutes. and to encourage arrests. It recognized Adding Internet sales on alcohol de- Mr. LEAHY. We yield 10 minutes. and supported the essential role of the means the issue of violence against The PRESIDING OFFICER. The Sen- courts in ensuring justice. It provided women and sex trafficking that this ator from Washington. funding for battered women’s shelters bill is all about. It is demeaning to Mrs. MURRAY. Mr. President, I and for programs that address the pub- what is a good bill. thank the Senator from Vermont for lic health impact of domestic violence. Mrs. BOXER. I thank my friend for his comments. I am looking forward, VAWA authorized funding for the his comments on all fronts. Regarding hopefully, to him chairing the Judici- Centers for Disease Control and Pre- his last comment, he is so right. When ary Committee next year; so that vention, for Rape Prevention and Edu- I first learned there was a move to at- women such as Bonnie Campbell are cation, and it helped establish a na- tach this bill to the Violence Against not held up for months on end and we tional toll-free hotline for victims of Women Act, I was absolutely stunned. actually have a chance to put good, domestic violence. Today, 1–800–799– People have to watch what we do here. qualified women and minorities into SAFE offers battered women imme- They understand, unfortunately, that judiciary positions in this country. diate help. In fact, every month, that the special interests still have a lot of I also thank the Senator from hotline receives more than 13,000 calls. influence. This is one case where they Vermont for his tremendous work on Back in 1994, some people wondered had too much influence. As my friend the Violence Against Women Act, whether this unprecedented national knows, we tried to work this so we bringing us to a point today where we strategy would work. Today, 6 years

VerDate 11-MAY-2000 02:41 Oct 12, 2000 Jkt 089060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G11OC6.031 pfrm01 PsN: S11PT1 October 11, 2000 CONGRESSIONAL RECORD — SENATE S10175 later, the facts are in and it is clear today or in this session of Congress. Mr. LEAHY. I thought there might that the Violence Against Women Act But let me assure my colleagues we be more. You have to watch out for has been a success. Arrests and convic- will be back in the 107th Congress to that fuzzy math. tions are up. We have more than dou- fight to put these powerful tools in the The PRESIDING OFFICER. The Sen- bled funding for battered women’s shel- hands of victims and their advocates. ator from Vermont has 1 hour 55 min- ters. Since 1994, we have appropriated Before I conclude, I want to say a utes remaining. close to $2 billion for VAWA-related special word of thanks to the many Mr. LEAHY. That sounds a little programs. people who have helped us reach this closer to it. I am going to be reserving As a member of the Senate Appro- point today. time for my own speech, but I have priations Committee, one of my high- I thank, again, Senator LEAHY and been withholding giving a speech be- est priorities has always been increas- Senator BIDEN for their leadership. cause other Members on our side want ing funding for the Violence Against They worked very hard to bring a bi- to speak. I see the distinguished Sen- Women Act programs. In communities partisan bill to the floor today. ator from Maryland. I yield 5 minutes throughout my State and others, the I also thank all of the advocates who to the distinguished Senator from need is overwhelming, and funding fought so hard to ensure the success of Maryland, my good friend. makes a dramatic difference. Working the Violence Against Women Act and The PRESIDING OFFICER. The Sen- with the chairman of the Sub- who have been aggressive in urging ator from Maryland. committee on Labor, HHS, and Edu- this Congress to act. Without their Ms. MIKULSKI. Mr. President, I hope cation of the Senate Appropriations support in our communities, VAWA today the Senate will pass legislation Committee, I have seen funding for would never have been a success. to improve the lives of women in Amer- I thank the Washington State Coali- shelters climb from $10 million to more ica and around the world and protect tion Against Domestic Violence for its than $100 million. I know Senator them from predators. dedicated work. SPECTER has been a strong advocate for Make no mistake, when people com- I thank all of the advocates, police mit crimes, they never commit crimes the Violence Against Women Act pro- officers, and community leaders with grams. I am pleased that VAWA has al- against people who are bigger, strong- whom I have worked since 1994 to im- er, or have more power than they. They ways been a bipartisan issue in appro- plement VAWA and to strengthen this priations. always go after the weak, the vulner- important act. able. One can be weak either in phys- While we have much to be proud of I thank the many shelters and orga- ical strength or weak because one does today, we cannot forget that abuse is nizations that have opened their facili- not have the same size weapon. still too common. In Washington State, ties to me during this session of Con- Today we have two pieces of legisla- my home State, the toll-free domestic gress, including the Tacoma-Pierce tion pending: One, the reauthorization violence hotline received more than County YWCA, Kitsap Special Assault of the Violence Against Women Act, 37,000 calls between July 1998 and July Victims Investigative Services in and the other will break new ground to 1999. We cannot forget that there are Bremerton, the Bellingham YWCA, the protect women and children who are still too few resources for women in Vancouver YWCA Domestic Violence bought and sold around the world as if need. In my State during that same pe- Day Care Shelter, the Spokane Domes- they were commodities. They are vic- riod, 23,806 women and children were tic Violence Consortium, the Spokane tims of predatory behavior. turned away from shelters—turned Women’s Drop-In Center, and the peo- By passing this legislation, we are away as they sought help because the ple at Vashon Island Domestic Vio- going to protect them. Women in their resources were not there. lence Outreach Services. own homes are often victims of vio- We cannot forget that not all com- As I have visited with them, I have lence. Mr. President, 900,000 women munities offer a full range of services, seen firsthand the services they offer last year were battered in their own and not all police departments are and the challenges they face. I have homes. equipped to handle a life-threatening spoken personally with women who The Violence Against Women Act domestic violence call. have had their lives changed because of The truth is, while the Violence says we will not tolerate violence, the services offered, and I have been Against Women Act was a historic first whether it is in the home, in the neigh- impressed by the progress they are step, it was just that, a first step. The borhood, or on a street corner. making day in and day out. Those ex- time has come for us to build on the I thank Senator LEAHY and Senator periences have strengthened my deter- foundation created by that act. VAWA BROWNBACK who have been working on mination to support their work in the offered an immediate response to the this legislation, along with Senator Senate. threat of violence. Now it is time to ad- In closing, it is clear the Violence JOE BIDEN. We appreciate the support dress the long-term issues. It is time to Against Women Act has been a remark- and leadership of the good men here. We want to be sure that through this confront the long-range economic bar- able success. We cannot delay author- legislation, we are going to not only riers that trap women and children in ization any longer, and I urge my col- prevent violence but help women re- violent relationships. leagues to vote for this measure. I look I have worked with Senators build their lives. The Violence Against forward to working with those in the WELLSTONE and SCHUMER to write and Women Act works through domestic vi- Senate and those in my State to help introduce the Battered Women’s Eco- olence programs at the State level, build on the progress of the Violence nomic Security Act. This legislation works with law enforcement, and Against Women Act in the next session tears down economic barriers and works in treatment programs for those of Congress. breaks the cycle of violence. Our bill I thank the Chair. who were the abusers. I hope we pass deals with employment discrimination, The PRESIDING OFFICER. The Sen- this legislation. insurance discrimination, housing as- ator from Vermont. The second part is legislation that sistance, legal help, and child care. It Mr. LEAHY. Mr. President, how will also be a hallmark. It is the Sexual addresses the punitive elements of the much time is remaining for the Sen- Trafficking Victims Protection Act. welfare system that can penalize ator from Vermont? Girls as young as 10 years old are kid- women who are fleeing dangerous situ- The PRESIDING OFFICER. The Sen- napped from their villages and taken to ations. It provides additional help to ator from Vermont has 55 minutes 35 brothels or sweatshops where they are shelters and providers to meet the seconds. imprisoned, forced to work as pros- overwhelming needs of battered women Mr. LEAHY. Out of the 3 hours? We titutes, beaten, threatened, and even and children. have not been in session 3 hours, Mr. drugged into submissiveness. They I had hoped we would have been able President. The Senator from Vermont prey upon women in the poorest re- to reauthorize the Violence Against had a total of 3 hours. We went into gions of the world. Women Act in a timely manner and session less than 3 hours ago. In addition, in central and southern move to addressing those economic The PRESIDING OFFICER. If the Europe, with the collapse of the old issues that I have outlined. Unfortu- Senator will indulge, we will recal- economy, women from very poor vil- nately, we cannot have that debate culate. lages are lured by fraudulent scam

VerDate 11-MAY-2000 02:41 Oct 12, 2000 Jkt 089060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G11OC6.033 pfrm01 PsN: S11PT1 S10176 CONGRESSIONAL RECORD — SENATE October 11, 2000 predators into thinking they are going girls each year. As I have stated, girls control their own lives. This means to work in the West and are going to as young as ten years old are kidnaped education, economic development, fam- work in the hospitality industry. You from their villages. Or unsuspecting ily planning and civic institutions that bet it’s hospitality. It is called turning families allow their daughters to protect the rights of women. The legis- them into whores. leave—with promises of good jobs and lation we are passing today will take I say to my colleagues, that is not better lives. These women are taken to us closer to achieving these goals. I what the free world and free economy brothels or sweatshops—where they are urge my colleagues to join me in should be about. We want to make the imprisoned. They are forced to work as strongly supporting the Violence trafficking in women and children as prostitutes. They are beaten, they are Against Women Act and the Sex Traf- criminal as the trafficking in illegal threatened—and many are killed. Even ficking Victims Act. drugs. Guess what. Often the same if a woman escapes, she is often so In conclusion, 4 years ago, I was a scum who traffic in women are also the afraid of retaliation that she will not victim of violence. I was coming home ones who traffic in drugs and traffic in testify against her abductors. from dinner with a wonderful professor illegal weapons of mass destruction. Organized, international criminals who was an economic adviser to me I support and applaud the efforts of are responsible for the increase in traf- and was here for a conference. I got her the Senator from Kansas who has ficking. They prey on young women in to her hotel. As I stepped out of my taken the leadership in this area. He the poorest regions of the world. They car, zam, I was mugged. I lost my has visited Asia and has seen the re- take advantage of the most vulner- handbag. I had a severe injury to my cruitment and despicable cir- able—who live in developing countries hand. I tried to fight him off, but he cumstances under which young girls with poor economic and uneven law en- was over 6 feet, and I am under 5 feet. and children are forced to work. From forcement. Fortunately, I escaped with my life. briefings here, we know this is going on Most countries have no way of deal- All I had was a broken memory and in the Balkans, out of Ukraine, and out ing with this sophisticated form of shattered security in my own neighbor- of Poland. Many are brought into this international crime. Many countries hood. country under false pretenses with where trafficking is most prevalent Thanks to the success of the Balti- phony visas. We have to stop the traf- lack the laws and law enforcement au- more Police Department and the press- ficking of women around the world. thority to handle the problem. To ing of charges and the willingness not This is very good legislation. often, when local authorities catch to plea bargain, that man is doing time It will improve the lives of women in traffickers, the women get the brunt of while I hope I am out here doing good. America and around the world. By the punishment for prostitution—while I want to be sure the streets of Amer- passing the Violence Against Women traffickers face minor penalties. ica are safe. I have an entire Baltimore Act, we are helping the victims of do- That is why this legislation is so im- community on my side, including the mestic violence to rebuild their lives. portant. It focuses on prevention, pro- informants. Not every woman has that. By passing the Trafficking Victims tection, and support for victims, and Let’s try to get them the resources Protection Act, we are protecting prosecution of traffickers. It recognizes they need to be safe in their homes and women and children who are bought that trafficking is a global problem communities. I thank the Chair. and sold, and forced into slavery. that requires an international solution. The PRESIDING OFFICER. The Sen- Again every year, more than 900,000 To prevent trafficking this legisla- ator from Vermont. women are victims of violence in their tion raises the awareness of the prob- Mr. LEAHY. Mr. President, I recall own homes. Every second, 20 women lem in villages and countries. It edu- very well the incident of which the are battered. The Violence Against cates potential victims by promoting Senator from Maryland speaks. I am Women Act says we will not let vio- anti-trafficking awareness campaigns pleased this is a case where the perpe- lence threaten women, families, or and by authorizing educational and trator was arrested and prosecuted. communities. training assistance to international or- One of the things I learned in my Violence against women is not just a ganizations and foreign governments. years as a prosecutor is that too often threat to the health and safety of It also requires the Secretary of State nobody wanted to pursue those cases. women. It is a threat to the health and to report on the severe forms of traf- All that meant, of course, was that safety of families and our commu- ficking in persons in the annual coun- somebody else would be a victim. In nities. try reports. this case, it was the Senator from No woman in this country should live To strengthen prosecution, this legis- Maryland. But from my experience, in fear. No woman should fear walking lation provides local authorities with had the person not been apprehended, home at night. No woman should fear the tools to crack down on traffickers. not been convicted, then someday it leaving a campus library. No woman To support the victims of trafficking, would be somebody else. So I commend should fear that her husband or boy- this legislation directs funds for inter- the people of Baltimore who rallied to friend will hurt her or her children. national organizations that help these her. At least out of that sorry thing We will not tolerate it—not in Mary- women to rebuild their lives. They are there was adequate prosecution. But land, where 41 women were killed by given a safe haven where they can re- we have so much violence against domestic violence last year; not any- cover. They are provided with edu- women that we never see. where in America, where 4 women a cation, training, and microloans. I recall so many times police officers day are killed by domestic violence. This legislation also recognizes that seeing a badly battered woman, and The Violence Against Women Act trafficking is not just a foreign prob- where we would bring prosecution, but supports programs that help women to lem. Approximately 50,000 women are as I talked to her, I would find this had rebuild their lives. It strengthens law brought to the United States each year happened several times before in a do- enforcement’s response to domestic vi- where they are forced into prostitution mestic situation and that they had olence. It gives legal assistance to vic- or other servitude. This bill toughens gone to law enforcement, and others, tims of domestic violence, and it cre- current Federal trafficking penalties and had been turned back where noth- ates safe havens for women and chil- by doubling the current maximum pen- ing had been followed up on. We had a dren who are victims of domestic vio- alties for traffickers to 20 years impris- very aggressive program in my office lence. onment with the possibility of life im- where we would follow up on it. I have The Violence Against Women Act prisonment. It also changes immigra- to think there are a number of deaths, will protect thousands of woman tion law to help victims of trafficking. though, that have occurred and do throughout the country. Today we are This will stop the practice of deporting occur in places where it is not followed also taking steps to protect women victims back to potentially dangerous up on. throughout the world—by passing the situations. This is something you do not see in Sex Trafficking Victims Act. We want this century to be one of de- the sunny ads and the perfect homes The truly repugnant practice of traf- mocracy and human rights. We will not and domestic situations that we see on ficking in human beings affects be- achieve this unless everyone, including our television. The fact is, there are a tween one and two million women and the worlds’ poorest women, is able to lot of places in this country where

VerDate 11-MAY-2000 02:41 Oct 12, 2000 Jkt 089060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G11OC6.036 pfrm01 PsN: S11PT1 October 11, 2000 CONGRESSIONAL RECORD — SENATE S10177 there is enormous violence against is pervasive. It is a real shame in My colleague from New Jersey is women. America—this country of freedom and waiting to speak on the same subject. I I would add to the comments of my order and democracy—that we still thank Senator LAUTENBERG for his colleague, it goes across every eco- have a severe and serious problem of great leadership in this area. But let nomic strata, it goes across all social domestic violence. me just for the record read some recent strata. This is not one thing that is Sometimes our Nation takes that headlines. just in poor neighborhoods or just in extra step and goes that extra mile to The PRESIDING OFFICER. The Sen- one ethnic group or another. This goes stop violence on the street and to con- ator’s 5 minutes have expired. across the economic strata. It goes tinue to support our police officers. Yet Mr. LEAHY. Mr. President, I yield across good neighborhoods and bad when it comes to stopping violence in the Senator 2 more minutes. neighborhoods, large families and our own homes, our Government falls Ms. LANDRIEU. I thank the Senator. small families. But, unfortunately, short in terms of funding, in terms of Mr. President, let me read some re- many times it never comes to the at- research, in terms of education. cent headlines from our national news- tention of law enforcement. Regret- That is the hope that this act brings. papers because the Senator was mak- tably, sometimes when it does, it is not It is to help move judges such as this ing an earlier point that I agree with, followed up on. This act, itself, will off the bench; so when he is up for re- that this isn’t just in poor neighbor- help focus the attention of law enforce- election, there is some education in the hoods; this isn’t just in neighborhoods ment on this. community that would force his either of people who have recently come to Mr. President, the Senator from New resignation or moving him off the this Nation; this isn’t about people who Jersey had asked to speak, and I know bench through the election cycle. have not had a good education; this af- There are prosecutors around the Na- the Senator from Louisiana wishes to fects everyone in all walks of life. tion, some of whom are more enlight- speak. ‘‘Popular Romance Novelist Shot and ened than others. But I will tell you of Mr. BROWNBACK. Mr. President, if I Killed by Estranged Husband,’’ an AP two in my State who are doing an out- could say before my colleague from story from June 1999. standing job on this subject: DA Paul Maryland leaves the floor, I thank her ‘‘Tommy Lee goes to jail for Wife Connick from Jefferson Parish and DA for her leadership on this Violence Abuse,’’ from USA Today, in May 1998. Walter Reed from St. Tammany Par- Against Women Act and for her state- ‘‘Colorado Rockies Pitcher Arrested ish. ments on the sex trafficking bill. I look We have many excellent DAs. But in on Suspicion of Punching Pregnant forward to working with her on both the last few years, many of these DAs— Wife in Face,’’ from the Washington issues as we move forward. Hopefully, 99 percent of whom, I would imagine, in Post, August 1999. this will be cleared through the Senate the Nation are male and who perhaps ‘‘Number of Women Dying from Do- and signed into law and we can take do not come to the subject from a very mestic Violence Holding Steady De- more actions and steps down the road personal point of view—have been real- spite Drastic Drop in Overall Homicide to see that people are cared for in these ly educated because of the good work Rates,’’ San Francisco, February 1998. terrible situations. I do appreciate her that has been done in this Congress and Mr. President, we have to do a better comments and her support. I thank the with groups all around this Nation. job. We have to continue on this track. Senator. These two particular DAs have insti- Violence has no place in our society— I apologize for the interruption. tuted a very progressive policy which on our streets, on our playgrounds, or Mr. LEAHY. The Senator from Kan- is basically a no-drop policy, which in back alleys. But it most certainly sas does not have to make any apolo- means that if a battered woman comes has no place in our homes where chil- gies with all the work he has done on in to file a charge, the DA takes it dren grow up. If a home can’t be safe, this. I appreciate him being here. upon himself, and basically the State if a home can’t provide peace for a I yield 5 minutes to the Senator from and the county and the parish, even if child or a woman, as a person, where Louisiana. she begins to back down because her can they find peace, Mr. President? Ms. LANDRIEU. Mr. President, I join self-esteem is not as strong as it should That is what this bill is about. with the others in thanking our col- be, or she is understandably frightened, I think it is appropriate that the Vio- league from Vermont, Senator LEAHY, or she has been threatened if she does lence Against Women Act will be for his leadership in this area and, of not drop the charges, to simply tell the passed with the Trafficking Victims course, Senator BIDEN and other Sen- abuser, when he comes in for his inter- Protection Act. It says that we under- ators who have spoken this morning on view: I am sorry, we refuse to drop the stand that violence against women is a this important subject. charges. This is against you and me, world wide problem. I want to follow up with what Sen- buddy, basically, and we are going to In passing the Violence Against ator LEAHY just said by sharing with see this to the end, where you can get Women Act in 1994 we seized the oppor- him, and with all here, an unfortunate the punishment coming to you. tunity to be a world leader—to take story that appeared recently in a news- They are really being very aggres- the stand that in the greatest democ- paper out of Maryland where a 44-year- sive. I hope if other district attorneys racy in the world it is unacceptable old man was convicted of raping an 18- or other staffers or folks and other that such violence occurs. year-old girl who was unconscious from elected officials are tuning in today, We have spent $16 billion on pro- drinking. they will encourage district attorneys grams on education, assistance and Unfortunately, this judge is one of all over this Nation to take up the no- prosecution. We must continue. many judges, or at least too many—the drop policy, because getting abusers Every 5 minutes a woman is raped. number is too high—who are ignorant convicted, getting them punished, and Every day four women die as a result of and uninformed. He said on the record then getting them the right treatment domestic violence. in this particular case: ‘‘Finding an un- for this is the only way we are going to More women are injured by domestic conscious woman is a dream come true stop this terrible tragedy from occur- violence than by automobile accidents to a lot of men.’’ ring. and cancer deaths combined. Finding an unconscious woman is a There are so many things I could say We have made progress but there is dream come true to a lot of men. about this subject, but I do think our more to be done. I will submit this judge’s name for leaders realize it is about education; it Here are some of the other statistics the RECORD and will be writing him a is about district attorneys; it is about from that Tulane study: personal letter, asking him, if he did judges, it is about the court system; it More than eight of ten knew someone make this statement which was re- is not just about shelters and coun- who had been murdered; ported, that he resign his seat imme- seling and aid, which is so important. More than half had witnessed a diately. This is the first step, giving women a shooting; That is part of the problem we have safe place to go, giving children a safe 43% said they had seen a dead body in in this Nation. The Senator from place to go. Our justice system must their neighborhood; and Vermont, as a former prosecutor, un- work for them. That is why this bill is 37% of them were themselves victims derstands this well, that this problem so important. of physical violence.

VerDate 11-MAY-2000 02:41 Oct 12, 2000 Jkt 089060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\G11OC6.040 pfrm01 PsN: S11PT1 S10178 CONGRESSIONAL RECORD — SENATE October 11, 2000 If we think that violence is some- Mr. President, 3 years ago, when we might prevent terrorism against our thing that only affects other countries were hard at work trying to reduce gun citizens at any time, at any place. we must think again. If we think that violence in our society, I offered a One of those victims was a young a bill like the violence against wom- piece of legislation to prohibit those woman named Alisa Flatow. She was a en’s act only affects women we are who had even as little as a mis- junior at Brandeis University and she wrong. demeanor charge proven against them was studying in Israel for a time. In Studies show that a child’s exposure from getting guns. It was a tough bat- 1995, on April 9, she boarded a bus that to the father abusing the mother is the tle, and we were on the losing side a took her from a place called Ashkelon strongest risk factor for transmitting couple of times, with the old song to another destination. She never ar- violent behavior from one generation about it which is ‘‘the camel’s nose rived. Shortly after noon, when the bus to the next. under the tent, and you will be control- was in the Gaza Strip, a suicide bomber A significant number of young males ling guns,’’ and so forth, instead of drove a van loaded with explosives into in the juvenile justice system were thinking about how many lives we the bus. Seven passengers were killed. from homes where violence was the would save. We know that about 150 Alisa Flatow was among those injured. order of the day. times a year a woman has a gun point- An Israeli Defense Forces helicopter Family violence costs the nation ed at her head—and I guess the reverse rushed her to a hospital in a commu- from $5 to $10 billion annually in med- is also true occasionally—and is told, nity nearby. It was the same day I ar- ical expenses, police and court costs, ‘‘I will blow your head off’’ in front of rived in Israel from a trip in the Middle shelters and foster care, sick leave, ab- children. What kind of wounds does East. When I arrived there, our U.S. senteeism, and non-productivity. that leave even if the trigger isn’t Ambassador informed me of the ter- Last week I told you about a woman pulled? It is a terrible memory for all rible tragedy that had occurred and from my State, Jacqulene Gersfeld, of those who are either victims or wit- that one of them was a constituent who was gunned down by her husband nesses. from New Jersey and that she had been outside a courthouse just moments With the help of President Clinton, severely injured in that attack. I im- after she filed for divorce. we were finally able to get a piece of mediately reached her home in West The VAWA reauthorization includes legislation in a budget bill that had to Orange, NJ, an area very familiar to a provision to expand the investigation be done—it is almost 4 years now, and me because I lived near that neighbor- and prosecution of crimes of violence it had to be done and it passed and was hood. against women. signed into law—to prevent spousal and I spoke to her mother, Rosalyn, and The need for this is great 85% of all children abusers from getting permits was informed that Alisa’s father, reported rapes end up with no convic- to own a gun. The result is that almost Steve, was already on his way to Israel. tion. Almost 90% result in no jail time. 35,000 gun permits have been denied to By the time he arrived, the emergency In Baltimore, MD, a 44 year old man these people—35,000 potential opportu- surgery had failed to save his daugh- was convicted of raping an 18 year old nities for a man to put a gun against a ter’s life. She died on April 10. She was girl who was unconscious from drink- woman’s head and threaten to take her 20 years old. ing. The judge in the case said the fol- life. So I support this bill with these For any of those who have children, lowing on the record: ‘‘Finding an un- two sections. I have added a section— they know that 20 years of age is al- conscious woman is a dream come true myself and Senator MACK of Florida— most the beginning of life. for a lot of men.’’ And so he sentenced that talks about helping those who I have three daughters and a son. him only to probation. have been victims of terrorism, wheth- Those were marvelous years as they Mr. LEAHY. Mr. President, I yield 10 er on our shores or away from America. approached the end of their college minutes to the distinguished senior American citizens are deserving of pro- terms and prepared for life beyond. Senator from New Jersey. tection. I am pleased the Senate is But that didn’t prevent a faction of The PRESIDING OFFICER. The Sen- going to pass this package of worthy the Palestinian Islamic Jihad from ator from New Jersey is recognized. legislation. claiming responsibility and being Mr. LAUTENBERG. Mr. President, The underlying Trafficking Victims proud of what they did with that sui- first, I thank my colleague, Senator Protection Act addresses a very serious cide bombing. What good was it going LEAHY, for helping us get an addition human rights issue in Europe and else- to do their cause to have one mission to this legislation that we think is where, where people are trafficking of terrorists to frighten people and pre- critically important. I also extend my particularly for sexual exploitation. vent them from conducting their lives thanks to Senator BROWNBACK of Kan- Finally, we are taking action to com- as they would like to without any spe- sas for his assistance in enabling us to bat trafficking and to help these vic- cific gain to be had? get our particular section of this bill tims. I am pleased that this conference There was a sponsor who paid some- into place. report will also reauthorize the Vio- thing to somebody to have these young Mr. President, a light comes as a re- lence Against Women Act and expand people assassinated. It was Iran. That sult of the fact that we have our female coverage to include new programs for is one of the reasons that country is colleagues with us in this Senate. How immigrant women, elderly women, and still on the State Department’s list of hard they work to get things done on women in the military service. terrorist countries. both sides of the aisle. What a dif- Throughout my career, I have I want to tell you, Mr. President, ference it has made in the way we oper- worked to help prevent domestic vio- that I am befuddled by some of the pol- ate. Many of us were here before there lence. I strongly supported the original icy decisions we make. was a reasonable presence of women— Violence Against Women Act, which The PRESIDING OFFICER. The Sen- and it is not yet ‘‘reasonable’’; I will Congress passed in 1994. I am so pleased ator’s 10 minutes has expired. strike that word. But that will change that we are going to take care of those Mr. LAUTENBERG. I ask if I can in time. We are getting there. They aberrations of behavior that leave have 5 more minutes. have helped to bring to the conscious- women and families devastated. But we Mr. LEAHY. I yield 5 more minutes ness of all America the kinds of abuses are getting onto another subject, as to the Senator from New Jersey. that are perpetrated against women well, which I think is critical, and that The PRESIDING OFFICER. The Sen- and young children who are female— is to provide justice for victims of ter- ator from New Jersey. disgusting practices that shock us all; rorism as part of the trafficking vic- Mr. LAUTENBERG. I thank Senator trafficking in young women, forcing tims protection conference report. LEAHY. them into virtual slavery and being Mr. President, we all talk about our There is no stronger advocate for the sexually exploited, and losing their objections and abhorrence of terrorist protection and safety of our citizens identity in the process. It is a humilia- attacks against American citizens, than President Clinton. But I don’t un- tion few can imagine. I commend the whether abroad or at home, and I had derstand why we take a country such authors of this bill. Also, I commend an experience that was almost in front as Iran and start to deal with them in them for including the section on vio- of my eyes which shocked me and trade of insignificant items. Would you lence against women. caused me to think about how we believe—I am almost embarrassed to

VerDate 11-MAY-2000 02:41 Oct 12, 2000 Jkt 089060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\A11OC6.011 pfrm01 PsN: S11PT1 October 11, 2000 CONGRESSIONAL RECORD — SENATE S10179 say it—that caviar, pistachio, Persian some measure of justice in U.S. courts some conferees that some judicial in- rugs are vital items for the well-being and to make state sponsors of ter- terpretations over the term ‘‘extreme of our society? It is outrageous. rorism pay for the death and devasta- hardship’’ might be too expansive; spe- But there are differences in point of tion they have wrought. cifically, the conferees objected to an view. I am not a professional diplomat. Victims of terrorism have put the interpretation that the applicant could Maybe I fail to understand the longer 1996 law to good use. The Flatow fam- prove ‘‘extreme hardship’’ by showing term value of something that looks ily won a U.S. court judgment against he or she would miss American base- trivial to me as I express myself. Iran in 1998. Other victims of terrorism ball after being deported from the For the past five years, I have been won similar cases. United States. So this language should proud to stand with Steve Flatow in The Justice for Victims of Terrorism be interpreted as a higher standard his effort to achieve some measure of Act helps the victims collect compen- than some of these expansive interpre- justice for the killing of his daughter. satory damages they’ve won fair and tations of ‘‘extreme hardship.’’ He and I both want to hold Iran ac- square in our nation’s courts. At the same time, however, this lan- countable. Foreign countries that sponsor ter- guage should not exclude bona fide vic- But Alisa Flatow was not Iran’s only rorism should have to pay for the awful tims who would suffer genuine and se- victim. Matt Eisenfeld of Connecticut toll that terrorist attacks take on fam- rious harm if they were deported. and Sarah Duker of New Jersey, a ilies like the Flatows. And we hope There is no requirement that the harm young American couple in Israel, also that making terrorist states pay that be physical harm. I repeat, there is no were killed in 1996 when a suicide bomb price will deter them from sponsoring requirement that the harm be physical from an Iran-sponsored group ripped terrorism in the future. harm or that it be caused by the traf- through a bus they had boarded. Let me close, by thanking the many ficking itself. The harm or the hard- One cannot comprehend what these cosponsors and Senators who have ship does not have to be caused by the missions are supposed to accomplish. helped advance this legislation. I par- trafficking itself. The purpose of in- I don’t want to bring the situation in ticularly would like to thank Senator serting the phrase ‘‘unusual and se- Israel and the Middle East up to a full- MACK, who has been with me every step vere’’ is to require a showing that scale debate at this moment. But there of the way, and Gary Shiffman on his something more than the inconven- can be nothing gained by assaults staff. ience and dislocation that any alien against people or their property. I also want to thank Frederic Baron would suffer upon removal might I made a speech yesterday in which I of my staff who worked so hard on this occur. pleaded with Mr. Arafat to stop the ha- bill. I wish to make it clear in future in- tred of his people; to stop the inflam- I think this bill is a good example of terpretations of this act, while this is mation; to stop the propaganda that bipartisan cooperation for a worthy higher than extreme hardship, it induces this kind of hatred and action; cause—helping provide justice for doesn’t require physical harm; it to stop ugly cartoons about people who American victims of terrorism abroad. doesn’t require the harm be associated inhabit Israel, the Jewish community; I am sure this legislation will pass with the trafficking, to be able to allow and to stop the anti-Semitic diatribes overwhelmingly, but I want this mes- an American to qualify under this new that still occur in Palestine. Stop it; sage to go out across this globe: that if definition within the act. stop it. you sponsor terrorism against Amer- I thank my colleague from Minnesota Well-known journalist Terry Ander- ican citizens, you will pay a price. We for allowing me the opportunity to son and others were held hostage in ought to be unrelenting in that. I was clarify this particular issue. Lebanon in the late 1980s by captors proud of our country when we moved Mr. WELLSTONE. I thank the Sen- funded by Iran. against Afghanistan to pay for the per- ator for his clarification. They and their families also deserve petrators of dastardly acts against We have been talking about the traf- justice, as do the families of those American citizens and their interests. ficking legislation. Before a final vote, killed when the Cuban government in We can never step aside and argue I want to get back to that legislation. 1996 deliberately shot down two planes whether or not it is appropriate. We I think it is such an important human used by Brothers to the Rescue. have to find out by testing the waters, rights effort. Mr. President, The Antiterrorism Act by making sure that the legislation is I will talk about the reauthorization of 1996 gave American victims of state- there. If there is a challenge, so be it. of the Violence Against Women Act sponsored terrorism the right to sue But we have to indicate we will not and make a couple of points. Again, to the responsible state. stand by and let this happen without have a vote on legislation that goes The law carved out a deliberately repercussions to those who sponsor ter- after this egregious practice of traf- narrow exception to the sovereign im- rorism. ficking of women and girls for the pur- munity protections our laws afford I yield the floor. poses of forced prostitution and forced other countries. The PRESIDING OFFICER (Mr. ROB- labor is important to our country and The PRESIDING OFFICER. The Sen- ERTS). The Senator from Minnesota. to the world. Then to have reauthoriza- ator’s 5 minutes has expired. Mr. WELLSTONE. Mr. President, I tion of the Violence Against Women Mr. LAUTENBERG. Mr. President, I thank the Senator from New Jersey Act also makes this a doubly impor- ask the Senator from Vermont if I may and the Senator from Florida for their tant bill. I am so pleased to be on the have 5 more minutes. excellent work. I want to take a mo- conference committee and to be able to Mr. LEAHY. Mr. President, I yield an ment to engage in a colloquy with Sen- be a part of helping to make this hap- extra 5 minutes to the Senator from ator BROWNBACK to clarify a phrase in pen. New Jersey, especially because of the division A of the bill. In order to be eli- I thank Senator BIDEN, I thank Sen- tremendous work he has done along gible for the visa provided, the traffic ator HATCH, and I thank Senator with the Senator from Florida, Mr. victim would be required to prove she LEAHY and others, for including in this MACK, on this subject. I think they would face ‘‘extreme hardship involv- bill authorization for what we call safe have had to overcome so many obsta- ing unusual and severe harm.’’ havens or safety visitation centers. Let cles and so many mysterious holds on This is a new standard under the Im- me explain by way of example from their legislation. I, of course, yield 5 migration and Nationality Act. Can Minnesota. I need to honor these chil- more minutes to the Senator. the Senator explain why this new dren, and I need to honor their mother. Mr. LAUTENBERG. I thank the Sen- standard was created? Anyone from Minnesota will remember ator from Vermont not only for his Mr. BROWNBACK. I am happy to re- the case of Alex and Brandon, seen in graciousness in extending to me addi- spond to the Senator from Minnesota. this picture; two beautiful boys. It was tional time but for the help and guid- This was raised in conference com- these two boys and what happened to ance that he gave as we tried to put mittee under thorough discussion them that made me understand the im- this piece of legislation into law. about this new standard of ‘‘extreme portance of safety visitation centers Our goal then, and our goal now, is to hardship involving unusual and severe more than anything else that could allow American victims to receive harm.’’ There was a fear on the part of ever have happened.

VerDate 11-MAY-2000 02:41 Oct 12, 2000 Jkt 089060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\G11OC6.045 pfrm01 PsN: S11PT1 S10180 CONGRESSIONAL RECORD — SENATE October 11, 2000 On July 3, 1996, Brandon, who was 5, quite often, run into trouble. These done to other nations so these young and Alex, who was 4, were murdered by children are falling between the cracks girls and women will know what they their father during an unsupervised and there is no real support for them. are getting into and have some under- visit. Their mother, Angela, was sepa- There is another piece of legisla- standing what these traffickers are rated from Kurt Frank, the children’s tion—and I hope to get it in the bill— about. No. 2, protection, so when a girl father. During the marriage, she was I am very excited about Day One in steps forward, then she is not the one physically and emotionally abused. An- Minnesota where we want to make sure who pays the price. Right now there is gela had an order of protection against all of the shelters are electronically no temporary visa protection so if you Kurt Frank, but during the custody wired so with one call to the hotline, a were to try to get out of this you are hearing she requested her husband not woman will know where she and her the one who is deported. In the mean- be allowed to see the children in unsu- children can go. Rather than calling, time, these traffickers go without any pervised settings. The request he see being told there is no space, and then punishment, which is something I want the children only in supervised settings not knowing where to go, it should to get to in a moment. So you want to was rejected by the judge. Kirk Frank only take one call. That is very impor- provide that protection. You also want was able to see his sons with no super- tant. to provide services for these young vision. When he did, and God knows Then, there is a whole set of initia- women to be able to rebuild their lives why, he killed them. We have a center tives that would enable women to be after they have been through this tor- now, that the community supports, more independent, to get more support ture. It is torture. And finally, No. 3, which is a safety visitation center. to be more independent—whether it be prosecution. Right now our law en- The point is this: There are two dif- affordable housing, whether it be fam- forcement community tells us they ferent examples. Say a woman has been ily and medical applied to women in want to go after them but they do not battered. And please remember, every this situation, whether it be more job have the laws. What we are saying is, if 13 seconds a woman is battered in the training—you name it. This will enable you are involved in this trafficking, country. Say she has had the courage women to be put in a position where you are going to face stiff sentences. If to get away, to end this marriage. they are not unable or unwilling to you are involved in the trafficking of a There is a separation going on and a di- leave a very dangerous situation for girl under the age of 14, you can face a vorce; you are still not necessarily themselves and their children. life sentence. So there is a very strong going to say the father can’t see the I say to colleagues, I am so pleased part of the provision dealing with pun- child, but if the father comes to the we are going to pass this conference re- ishment. home to pick up the child, he steps in- port with an overwhelming vote. I am We also have a listing of countries where this is happening, with a special side the home and then battering can pleased to be a part of helping to work focus on governments that are start again. There is no protection. If out this agreement. But I also think complicit in it. The President can take you can do it at the safe havens, super- clearly, more than anything else, this action against those governments, but vision centers, you can protect the ought to make us more determined to there are also security waivers and woman and you can protect the chil- do much more. Again, about every 13 other waivers. It is a balanced piece of dren. seconds a woman is battered in her Or it might be the case where you are home today in our country. legislation. I am proud of it. I think it will make a difference. worried about the threat of a father to I will take a little more time to talk I think it is terribly important. I the children, but you cannot say a fa- about the trafficking bill, since both read some of these examples before. these bills are linked together, to again ther can’t see the child; with a super- Let me give a couple of examples right make the point for all my colleagues, vised visitation center the father can now of what is happening in the year Democrats and Republicans alike, it is see the children there. 2000. This is really important. We are critically important to vote for this In Los Angeles, where traffickers working very hard right now with Sen- conference report, to keep this con- kidnapped a Chinese woman, raped her, ator HOLLINGS to get some funding. I ference report intact. forced her into prostitution, posted am pleased this is a part of this legisla- I will keep thanking Senator guards to control her movements, and tion. BROWNBACK. It has been great to work burned her with cigarettes, the lead de- I say to colleagues, this was the work with him. I thank him for his fine fendant received 4 years and the other of Jill Morningstar on my staff, who, work. defendants received 2 to 3 years for this with my wife Sheila, made a lot of We are talking about 50,000 women, offense. progress. It is so important to reau- girls, trafficked to our country. We are In another case where Asian women thorize. The hotline is important; the talking about 2 million worldwide. We were kept physically confined for training for police is important; the are talking about women, sometimes years, with metal bars on the windows, support for law enforcement is impor- girls as young as 10 or 11, coming from guards and an electronic monitoring tant; the support for battered women countries where there is economic dis- system, and were forced to submit to shelters is so important for the people integration. They are trying to figure sex with as many as 400 customers to who are there in the trenches. All of out a way they could go somewhere repay their smuggling debt, the traf- this matters. The focus on rural com- and they are told they could become fickers received between 4 and 9 years. munities and support in rural commu- waitresses. They are told there is a job. This is the year 2000 we are talking nities is important, as well. It has When they arrive, their visas are about. made a difference, a big difference. taken away from them; they are beat- Then I gave the example of a 1996 In my State of Minnesota, this year en; they don’t know the language; they trafficking case involving Russian and already 33 women have been murdered. don’t know their rights; and they are Ukrainian women who would answer Each case is an example of ‘‘domestic forced into prostitution. We had a mas- ads to be au pairs, sales clerks, and violence.’’ Last year, in the whole year, sage parlor 2 miles from here in Be- waitresses but were forced to provide it was only 28. The year is only half thesda which was staffed mainly by sexual services and live in a massage over and we have already had 33 women Russian-Ukraine women. That is one parlor in Bethesda, MD. The Russian- who have been murdered. Clearly, we example. This is one of the grimmest American massage parlor owner was are going to have to do a lot more. To aspects of the new global economy. It fined. He entered a plea bargain, the reauthorize this bill today is a huge is, in many ways, more profitable than charges were dropped, with the restric- victory. drugs because these women and girls tion he would not operate a business Mr. President, I think it should whet are recyclable. It is that God-awful. In again in Montgomery County. The our appetite to do much, much more. I the year 2000, this legislation is the women, who had not been paid any sal- am absolutely committed to making first of its kind in this country. It is a ary and were charged $150 for their sure we do more to provide some sup- model for many other governments housing, were deported or left the port for children who witness this vio- around the world. country. lence in their homes. These kids run We put a focus on three ‘‘P’s’’: No. 1, This is what we are dealing with into difficulty in school. These kids, prevention, getting the outreach work right now. There was a case involving

VerDate 11-MAY-2000 02:41 Oct 12, 2000 Jkt 089060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G11OC6.050 pfrm01 PsN: S11PT1 October 11, 2000 CONGRESSIONAL RECORD — SENATE S10181 70 deaf Mexicans that my colleagues he had assaulted a woman in prison, If people want to get this bill dealing may remember, who were held under Nevada released him early. Bomar with sex trafficking, the Violence lock and key, forced to peddle trinkets, traveled to Pennsylvania where he Against Women Act, the international who were beaten and in some cases tor- found Aimee. He kidnapped, brutally terrorism aspect of this bill, the Inter- tured. The leader received 14 years and raped, and murdered Aimee. He was net alcohol enforcement of this bill the other traffickers from 1 to 8 years. prosecuted a second time for murder through, they need to vote against We intend to take this more seri- for this terrible crime in Delaware those who seek to strip this particular ously. Let me give one other example. County, PA. provision out of the bill because if they The United States v. Hou, several Aimee’s mother, Gail Willard, has be- strip this provision out, the bill has to Mexican nationals, all illegally in the come a tireless advocate for victims’ go back to the House for it to be voted United States, were required to live in rights and serves as an inspiration on on, and it will have to be voted on one of the chicken sheds at an egg this particular piece of legislation. again in the Senate. ranch. The shed was open to the ele- This important legislation would use We do not have the time to do it. It ments. The defendants, man and wife, Federal crime-fighting funds to create will kill the bill. If people vote to strip did not give the men any shelter, but an incentive for States to adopt strict- this provision out of this particular bill encouraged them to build a small room er sentencing laws by holding States fi- and send it back to the House, and it out of cardboard and styrofoam egg nancially accountable for the tragic has to come back here, it will kill the cartons. consequences of an early release which bill. We do not have time to do that. The men lived less than 15 feet from results in a violent crime being per- While some raise federalism argu- the chickens they tended. The men had petrated on the citizens of another ments, most of our colleagues have al- to spread powerful pesticides in and State. Specifically, Aimee’s law will ready voted in favor of Aimee’s law; 81 around the chicken sheds, and the redirect Federal crime-fighting dollars have voted in favor of it already. There chemicals and various fuel oils were from a State which has released early a are some arguable federalism prin- stored immediately next to their card- murderer, rapist, child molester, to pay ciples involved. I think most of those board room. Faulty wiring in the rick- the prosecutorial and incarceration have been worked out with the Na- ety building resulted in a fire. One of costs incurred by a State which has tional Governors’ Association. There is the workers was killed as he tried to had to reconvict this released felon for a strong advocacy group that has escape the shed and another suffered a similar type of crime. worked to get these standards where, if horrible burns. Despite the atrocious More than 14,000 murders, rapes, and a person has been convicted in one sexual assaults on children are com- conditions, there was no evidence that State, they should serve their time mitted each year by felons who have the men had been kept in the defend- rather than being released to commit a been released after serving a sentence ants’ service through threats of force similar crime in another State. That is for one of these very same crimes. the direction of this. or violence; the men stayed in the shed Convicted murderers, rapists, and I plead with my colleagues: Do not because Ms. Hou preyed upon their child molesters who are released from remove this provision. Do not support lack of English-speaking ability and prisons and cross State lines are re- the point of order because, if you do, it lack of immigration status, delib- sponsible for sexual assaults on more is going to kill everything. It will kill erately misleading the victims and than 1,200 people annually, including the sex trafficking bill. It will kill the convincing them there was nowhere 935 children, including Aimee Willard. else to go. The reason I point this out is because Violence Against Women Act. Do not Because the labor of the workers was Aimee’s law previously passed this do it. Most people have already sup- maintained through a scheme of non- body by a vote of 81–17. As I mentioned, ported this particular provision, violent and psychological coercion, the it redirects Federal crime funds from a Aimee’s law. case did not fall under the involuntary State that has released early a mur- I wish to say a couple of things on servitude statutes—which could have derer, rapist, or child molester, to pay other issues before we break for the resulted in life sentences given the the prosecutorial and incarceration policy luncheons. I particularly appre- death of one of the victims. Our legisla- costs incurred by a State which has ciate my colleagues, Senator LAUTEN- tion changes that. That is why this leg- had to reconvict this felon for a similar BERG and Senator MACK, for their pro- islation is so important. No longer in crime. visions on the Justice for Victims of the United States of America are we The formula for early release is if the Terrorism Act. I understand Senator going to turn our gaze away from this criminal served less than 85 percent of HATCH will speak later about the 21st kind of exploitation, to this kind of his original sentence, and if a State Amendment Enforcement Act on murder of innocent people. kept a criminal in prison less time VAWA. We have had an excellent dis- This is a real commitment by the than the national average for a sen- cussion this morning on the impor- Senate and the Congress to defend tence of the same crime. tance of this legislation protecting human rights. This is a good piece of To counter concerns raised by the women who are subject to domestic vi- legislation. National Governors’ Association, this olence. This is reauthorization of im- I yield the floor. does not federalize any crimes. I em- portant language and important legis- The PRESIDING OFFICER. The dis- phasize that, it does not federalize any lation and strengthening of it as well. tinguished Senator from Kansas. crimes. It simply upholds State stand- That is an important feature. Mr. BROWNBACK. Mr. President, I ards regarding murder, rape, and child I appreciate Senate majority leader wish to speak on a couple of other pro- molestation. TRENT LOTT bringing this issue to the visions in this bill to clarify those for Sex offenders have one of the highest floor. It is a good package of protection Members. We will be voting on it later recidivism rates of any crime, thus, re- for both domestic and international today. If others of my colleagues desire quiring more stringent standards in women and children subject to vio- to speak on this bill, I urge them to amount of the sentence served. lence. That is the theme that runs come to the floor and speak now or for- This only affects Federal crime funds through this set of acts. It is protec- ever hold their peace on this particular which are transferred from State 1 to tion for women, protection for chil- piece of legislation. State 2 where a crime has been com- dren, protection domestically, and pro- The item I wish to speak on now is mitted of a similar type by the crimi- tection internationally. Aimee’s law. This is a part of this over- nal who was released early from State I am very pleased with this legisla- all conference report that has passed 1. tion. It is a key piece of legislation to the House, as I mentioned, by 371–1. The reason I go through this at some pass during this session of Congress to Aimee’s law was prompted by the trag- length is because some of my col- provide that level of protection. I am ic death of a college senior, Aimee Wil- leagues have a concern about this. I glad it has been done on a bipartisan lard, who was from Brookhaven, PA, understand there will be a point of basis. Mostly my colleagues from the near Philadelphia. Arthur Bomar is a order raised against this as being part other side of the aisle have spoken this convicted murderer who was earlier pa- of the overall package. There will be a morning supporting this legislation. roled from a Nevada prison. Even after vote on that point of order. Support is similarly strong on our side

VerDate 11-MAY-2000 02:41 Oct 12, 2000 Jkt 089060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\G11OC6.053 pfrm01 PsN: S11PT1 S10182 CONGRESSIONAL RECORD — SENATE October 11, 2000 of the aisle. It is good to have that sup- on the Hatch-Leahy juvenile justice measures, thanks in part to the Presi- port back and forth. bill that passed the Senate in May 1999 dent pro tempore Senator THURMOND Rather than using up the rest of my with a bipartisan majority of 73 votes, and Senator BROWNBACK honoring com- time, I simply say to my colleagues and so many other matters that are mitments they made to me in order to who want to speak, please come to the still left undone by this Congress, we go to conference, we have not been floor. I anticipate we will be voting on have an opportunity through this con- wholly successful and two additional this legislation by the middle of the ference report to come to conclusion on and unfortunate riders are included afternoon. We will be recessing for pol- three items that I have supported and over my objection in this conference icy luncheons from 12:30 p.m. until I tried to pass for many months. Unfor- report. believe 2:15 p.m., which is the normal tunately, there are two additional, ex- Due to their dilatory tactics, VAWA recess time. traneous items that were added over was allowed by the Republican leader- This will be a good time for people to my opposition and that should not ship to lapse on Saturday, September comment on this important legislation. have been added to this conference re- 30, despite the fact that it has served I plead with them: Do not strike this port at all. I will speak on each of the women of this country well and the particular provision, Aimee’s law, be- these matters. measure had passed the House by a cause it will sink the entire bill. It is a At the outset, I want to acknowledge vote of 415 to 3. Such inaction by the good bill. It is good legislation. It pre- the important work of Representative current Senate majority is not limited viously passed both Houses overwhelm- CONYERS in the House, who has been a to reauthorization of VAWA. Congres- ingly. Let’s get it done. stalwart and consistent supporter of sional leaders have continued to drag I reserve the remainder of my time, the Violence Against Women Act of their feet on enacting comprehensive and I yield the floor. 2000. Without his cooperation and sup- juvenile crime prevention and enforce- The PRESIDING OFFICER. The dis- port and the hard work of his staff, we ment legislation and reasonable gun tinguished Senator from Vermont is would not be standing here today. I safety measures, which have been recognized. also want to pay tribute to the efforts stalled in conference for over a year. Mr. LEAHY. Mr. President, I yield of Senators BOXER, MIKULSKI, LINCOLN, Judicial vacancies around the country the distinguished Senator from New LANDRIEU, MURRAY and FEINSTEIN. and most acutely in our federal courts Mexico time off my time. I yield to Their efforts throughout this Congress, of appeals remain vacant month after him for another purpose, and once he including in the last several days, have month, year after year, while qualified speaks, I am sure the Chair will under- made the difference in our ability to women and men cannot get a hearing stand the reason. I yield to the Senator move forward to begin this debate or a vote. Legislation to extend the from New Mexico. today. Campbell-Leahy program to help pro- The PRESIDING OFFICER. The Sen- With Senators KENNEDY, BIDEN, vide bulletproof vests for local law en- ator from New Mexico is recognized. SPECTER, SMITH and so many others, I forcement officers was the victim of a Mr. BINGAMAN. Mr. President, I have been urging the Republican lead- secret hold in the Republican Senate thank my colleague for his courtesy in ership to take up and pass the Violence cloakroom. Important intellectual yielding me some time. I ask unani- Against Women Act of 2000 for some property legislation is stalled without mous consent that I be allowed to time. I had to urge action by the Judi- explanation by a similar anonymous speak as in morning business for 3 min- ciary Committee for several weeks be- hold on the other side of the aisle. And utes. fore we were finally able to have it hate crime legislation, the Local Law The PRESIDING OFFICER. Without added to the agenda on June 15, 2000. It Enforcement Enhancement Act of 2000, objection, it is so ordered. was reported unanimously the same has been dropped in conference in spite (The remarks of Mr. BINGAMAN are month. Over the last several months of the votes in both the Senate and located in today’s RECORD under since this legislation was reported, I House approving it. ‘‘Morning Business.’’) have worked and prodded and pushed I am pleased that we will finally be The PRESIDING OFFICER. The Sen- along with our Democratic Leader Sen- able to reestablish the Violence ator from Vermont. ator DASCHLE, Senator REID, Senator Against Women Act, a law that makes Mr. LEAHY. Mr. President, I reit- DURBIN, Senator ROBB, Senator BINGA- such a profound difference in the lives erate something the Senator from Kan- MAN and others on both sides of the of women and families who fall victim sas and the Republican floor leader on aisle to try to get this matter taken up to domestic violence. I would not nor- this bill have said, and that is that we and passed without further delay. mally support efforts to add extraneous hope, because of the request of a num- The President of the United States items in a conference report. In this ber of Senators on both sides of the wrote the Majority Leader back on case, in light of the unwillingness of aisle, to get these votes on both the September 27, 2000 urging passage. The the Senate Republican leadership to Thompson point of order and final pas- First Lady and the Vice President had allow the Senate to act on the Violence sage sometime midafternoon today. As previously called for passage back in Against Women Act of 2000 and the one who holds the largest bulk of the June at the time of the Judiciary Com- lapse of its authorization, I joined with Senator BIDEN and Senator HATCH to individual time, I alert my colleagues mittee markup. The Violence Against add it to the sex trafficking conference that after the distinguished Senator Women Act of 2000 is a matter upon report we now consider. from Utah and the distinguished Sen- which we need to act. I agreed with Senator BIDEN’s assess- I addressed this matter twice on the ator from Delaware, I will yield back ment that in light of its importance the remaining part of that time which Senate floor in late September when an and the resistance we have seen from will move up somewhat the time of the effort was being made by some on the the Senate Republican leadership to vote. Republican side of the aisle to try to proceed to the VAWA bill for a straight The reason, incidentally, I have re- use VAWA as a vehicle to force consid- up or down vote, this was the only way served the bulk of my time is to pro- eration of a flawed bankruptcy bill or we would ever be able to get it consid- tect a number of Senators who wished to override Oregon state law. I said ered by the Senate this year. I com- to speak. I think virtually all of them that playing political games with this mend Senator BIDEN for making clear have spoken. At least one of the Sen- important legislation was the wrong at the second and last meeting of the ators who would have wished to speak, thing to do and that VAWA should not conferees on September 28th that he in- the Senator from California, Mrs. FEIN- be used as leverage to enact less wor- tended to insist on the conference reau- STEIN, has just undergone surgery for thy provisions. Unfortunately, the Re- thorizing the Violence Against Women an accident to her leg and is not going publican leadership in the Senate has Act. Indeed, I had raised it at our ini- to be here, although, of course, any been adamant in its refusal to take up tial meeting of conferees as the one statement by her will be printed in the and consider VAWA as a stand alone thing we should consider adding to this RECORD. But the others have spoken. matter, even after the House passed its bill, if anything extraneous was to be Mr. President, I am glad that the bill by a 415 to 3 vote. While we have considered. Senate is finally taking up this con- been successful in preventing VAWA Unfortunately, when we voted on ference report. Unlike the conference from being used as a vehicle for some adding VAWA to the conference report,

VerDate 11-MAY-2000 02:41 Oct 12, 2000 Jkt 089060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G11OC6.056 pfrm01 PsN: S11PT1 October 11, 2000 CONGRESSIONAL RECORD — SENATE S10183 only three Senate conferees voted to These are the reasons that, last Friday, a particularly appropriate bill to add support it—Senators BIDEN, HATCH and our colleagues in the House passed the to this conference report. As the con- me—and the other four Senate con- Conference Report on Victims of Traf- ference report states, ‘‘[t]raffickers pri- ferees all voted against. I am glad that ficking and Violence Protection Act 371 marily target women and girls, who are over the ensuing days, the other four to 1. disproportionately affected by poverty, Senate conferees and the House con- The trafficking of people for the il- the lack of access to education, chronic ferees, whose votes initially seemed to licit sex trade or slave labor is plainly unemployment, discrimination, and doom this effort, have reversed posi- abhorrent. This conference report par- the lack of economic opportunity in tion and joined with us to add VAWA tially addresses that problem by pro- countries of origin.’’ VAWA II contains into this conference report. I am glad viding additional authority to law en- a number of important programs to that others agree with us that while we forcement and offering visas to victims protect women and children in this need to address the tragic plight of of severe trafficking, among other country, and would complement the women who are brought to the United measures. Those who have experienced goals of this legislation. States, we need to pass reauthorization the horror of trafficking and are will- I witnessed the devastating effects of of VAWA to help battered women in ing to assist law enforcement in pros- domestic violence early in my career this country, as well. ecuting trafficking should receive the as the Vermont State’s Attorney for Although a conferee, I did not sign option of staying in the United States. Chittenden County. In those days, long the conference report that we consider The law enforcement and immigration before the passage of the VAWA, today. It may come as a surprise to measures in this report are the result Vermont lacked the support programs some who have served in this body and of compromises reached between both and services to assist victims of domes- remember how conferences are sup- Houses and both sides. In some cases, tic violence. Today, because of the ef- posed to proceed, that I was not given especially in the immigration area, fort and dedication of people in an opportunity to consider the final re- these provisions are not as generous as Vermont and across the country who port or to sign before it was filed. In- I and many other members of this con- work on these problems every day, an deed, after a second short meeting of ference would prefer. increasing number of women and chil- conferees, the final meeting, which had This bill will also insist that infor- dren are receiving help through domes- tic violence programs and shelters been promised so that we could finalize mation about severe forms of traf- around the nation. our action, never occurred. Side deals ficking in persons be provided in the Six years ago, VAWA passed Con- annual State Department Country Re- were struck and broken and revised gress as part of the Violent Crime Con- port for each foreign country, an im- and implemented without resuming the trol and Law Enforcement Act. That portant step forward in our attempts to conference. Legislating around here Act combined tough law enforcement raise consciousness about this issue. It has come to resemble the television strategies with safeguards and services also provides for the establishment of program ‘‘Survivor’’ more than the for victims of domestic violence and an Inter-Agency Task Force to monitor process intended by the Constitution or sexual assault. I am proud to say that and combat trafficking, with annual our Senate rules. We have all become Vermont was the first State in the and interim reports on countries whose increasingly accustomed to shortcuts country to apply for and receive fund- in the legislative process, but we are governments do not comply with the ing under VAWA. Since VAWA was en- now getting to the point that once suf- minimum standards. The bill calls acted, Vermont has received almost $14 ficient numbers of signatures are ob- upon the President to establish initia- million in VAWA funds. Since the pas- tained on a conference report, once an tives to enhance economic opportunity sage of VAWA in 1994, I have been priv- alliance has formed, conferees from the for potential trafficking victims, such ileged to work with groups such as the minority may not even be accorded an as microcredit lending programs, train- Vermont Network Against Domestic opportunity to view the final package ing, and education. Violence and Sexual Assault and the As someone who has been a strong let alone asked for their views. In this Vermont Center for Crime Victim matter, after I had worked to ensure supporter of human rights, both in the Services and countless advocates who that VAWA was included in the con- United States and abroad, I am pleased work to stop to violence against ference report, I was treated like a to be associated with this attempt to women and who provide assistance to member of the ill-fated Pagong tribe. reduce trafficking and protect its vic- victims. Had I been consulted we might have tims. I hope that the Senate can also This funding has enabled Vermont to avoided the extended debate and point turn its attention to human rights develop specialized prosecution units of order that Senator THOMPSON is issues that affect immigrants who ar- and child advocacy centers throughout bringing today. I was able to intervene rive in the United States willingly. In the state. Lori Hayes, Executive Direc- just before the filing of the conference particular, I request that the Senate tor of the Vermont Center for Crime report when I obtained a draft that consider S. 1940, the Refugee Protec- Victim Services and Marty Levin of showed the elimination of the small tion Act, a bill I have introduced with the Vermont Network Against Domes- state minimum funding level in certain Senator BROWNBACK that would re- tic Violence and Sexual Abuse have grant programs. These eliminations strict the use of expedited removal to been especially instrumental in coordi- would have been such a disaster for times of immigration emergencies. nating VAWA grants in Vermont. Their Vermont, New Hampshire, Delaware, Under expedited removal, those who hard work has brought grant funding Utah, Alaska and so many small and flee persecution in their home coun- to Vermont for encouraging the devel- rural states that I had raise a strong tries face automatic removal from our opment and establishment of arrest objection and the small state minimum country if they are traveling without policies for combating rural domestic of $600,000 for shelters was restored by documents, or even with documents violence and child abuse. These grants a last-minute handwritten change to that are facially valid but that an INS have made a real difference in the lives the final conference report. officer suspects are invalid. The lim- of those who suffer from violence and Unfortunately, while this conference ited protections that were built into abuse. Reauthorization of these vital report contains provisions that enjoy this process when it was adopted in 1996 programs in VAWA II will continue to broad bipartisan support and will make have proven insufficient, and we are re- build on these successes. a positive contribution to the well- ceiving continuing reports of people in VAWA II continues to move us to- being of many people, the Republican real danger being forced to leave the ward reducing violence against women majority could not resist loading this United States without even a hearing. by strengthening law enforcement conference report with other legisla- This is simply inappropriate, and does through the extension of STOP grants, tive proposals that are so problematic an injustice to our nation’s reputation which encourage a multi-disciplinary they could not have passed as stand- as a haven for the oppressed. approach to improving the criminal alone measures in this or any other As I already noted, reauthorization justice system’s response to violence Congress. of the Violence Against Women Act, or against women. With support from Let me begin by reviewing the posi- VAWA II, was also added to this report STOP grants, law enforcement, pros- tive parts of this conference report. with strong bipartisan support. This is ecutors, courts, victim advocates and

VerDate 11-MAY-2000 02:41 Oct 12, 2000 Jkt 089060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\G11OC6.058 pfrm01 PsN: S11PT1 S10184 CONGRESSIONAL RECORD — SENATE October 11, 2000 service providers work together to en- forget those who have already fallen abortion related legal assistance. I am sure victim safety and offender ac- victim to it. VAWA II recognizes that concerned about the precedent this countability. combating violence against women ex- provision would set in expanding the The benefits of STOP grants are evi- tends beyond providing assistance to restriction on abortion-related litiga- dent throughout Vermont. With STOP victims, it includes preventing women tion to other programs and organiza- grants the Windham County Domestic from becoming victims at all. tions. I think this kind of language Violence Unit, the Rutland County The National Domestic Violence Hot- should give us pause as we consider the Women’s Network and Shelter and oth- line, which has assisted over 180,000 effect it would have on victims who, in ers like them have enhanced victim ad- callers, will continue its crucial oper- the face of domestic violence, sexual vocacy services, improved safety for ation through the reauthorization of assault in family relationships, incest women and children, and ensured that VAWA. Much like the state hotline or rape, must run a gauntlet of con- perpetrators are held accountable. The that the Vermont Network Against Do- gressionally imposed barriers in order Northwest Unit for Special Investiga- mestic Violence and Sexual Assault simply to obtain full and complete in- tions in St. Albans, Vermont, estab- helped establish in Vermont, the Na- formation about their comprehensive lished a multi-disciplinary approach to tional Hotline reaches victims who health-care options. the investigation of adult sexual as- may feel they have nowhere to turn. The original VAWA authorized fund- sault and domestic violence cases with I am especially pleased to see that ing for programs that provide shelter the help of STOP funds. By linking vic- VAWA II will authorize a new grant to battered women and children. I am tims with advocacy programs at the program for civil legal assistance. In pleased to see that VAWA II expands time of the initial report, the Unit the past, funding for legal services for this funding so that facilities such as finds that more victims get needed victims of domestic violence was de- the Women Helping Battered Women services and support and thus find it pendent on a set-aside in the STOP Shelter in Burlington, Vermont, and easier to participate in the investiga- grant appropriation. This separate the Rutland County Women’s Shelter tion and subsequent prosecution. The grant authorization will allow victims in Rutland, Vermont will continue to State’s Attorney’s Office, which has of violence, stalking and sexual as- serve victims in their most vulnerable designated a prosecutor to participate sault, who would otherwise be unable time of need. As I have noted, at one in the Unit, has implemented a new to afford professional legal representa- point I obtained a draft conference re- protocol for the prosecution of domes- tion, to obtain access to trained attor- port that had dropped the $600,000 small tic violence cases. The protocol and neys and advocacy services. In my state minimum funding these grants. I multi-disciplinary approach are cred- State, Vermont Legal Aid, the am relieved that my objection was ited with an 80 percent conviction rate Vermont Network to End Domestic Vi- heard and the minimum restored. in domestic violence and sexual assault olence and the South Royalton Legal As glad as I am that we are finally cases. Clinic of Vermont Law School are cur- reauthorizing VAWA, this is not the Passing VAWA II will continue rently involved in a collaborative version of VAWA that I cosponsored grants that strengthen pro-arrest poli- project to expand civil legal assistance and supported in the Judiciary Com- cies and enforcement of protection or- services to domestic violence victims mittee and urged the Senate to enact. ders. In a rural state like Vermont, law across the state. These three organiza- In fact, this is not the VAWA II bill enforcement agencies greatly benefit tions are partnering to create Intensive that was negotiated among staff at a from cooperative, inter-agency efforts Service Teams that will provide coordi- bipartisan, bicameral meeting earlier to combat and solve significant prob- nated civil legal assistance and victim in this process. The version of VAWA II lems. Last year, approximately $850,000 advocacy in Rutland County and the in this conference report was nego- tiated behind closed doors in the last of this funding supported Vermont ef- Northeast Kingdom. Grants such as minutes before the conference report forts to encourage arrest policies. this one that support training, tech- was filed. Unfortunately, this approach Vermont will also benefit from the nical assistance and support for cooper- saw additional provisions added and extension of Rural Domestic Violence ative efforts between victim advocacy struck that have diminished the final and Child Victimization Enforcement groups and legal assistance providers product. One provision of particular Grants under VAWA II. These grants will continue to prosper under VAWA concern to me is that on transitional are designed to make victim services II. housing. more accessible to women and children I remain concerned, however, over a The previous Senate version of the living in rural areas. I worked hard to highly objectionable provision that Violence Against Women Act of 2000, S. see these provisions included in the prohibits any expenditure of the civil 2787, had over 70 co-sponsors. I am one original VAWA in 1994, and I am proud legal assistant grant funds to support of them. That version included better that its success has merited an in- litigation with respect to abortion. provisions on transitional housing as- creased authorization for funding in Currently, the Legal Services Corpora- sistance. It would have been a signifi- VAWA II. Rural Domestic Violence and tion (LSC) operates under two abor- cant improvement over the original Child Victimization Enforcement tion-related restriction provisions: The VAWA. This new grant program for Grants have been utilized by the 1974 LSC statute bans the use of feder- short-term housing assistance and sup- Vermont Network Against Domestic ally appropriated Corporation funds for port services for homeless families who Violence and Sexual Assault, the legal assistance for any abortion-re- have fled from domestic violence envi- Vermont Attorney General’s Office, lated proceeding or litigation. Addi- ronments was a priority for me and and the Vermont Department of Social tionally, an appropriations rider to the Vermont, where availability of afford- and Rehabilitation Services to increase Commerce-Justice-State appropria- able housing is at an all-time low. Un- community awareness, develop cooper- tions bill restricts LSC funds from use fortunately, this authorization was re- ative relationships between state child by any person or entity that partici- duced to one year without my consent. protection agencies and domestic vio- pates in abortion-related litigation. Those involved in the discussions at- lence programs, expand existing multi The language in VAWA II bill reaches tribute the change to ‘‘jurisdictional disciplinary task forces to include al- further, in the sense that it would ban concerns’’ of the Health, Labor and lied professional groups, and create more organizations than just LSC from Pensions Committee. I look forward to local multi-use supervised visitation spending funds on abortion-related liti- working with Senators JEFFORDS, centers. gation. Under the Senate language, GREGG and KENNEDY next year during VAWA II also reauthorizes the Na- grants can be made to private, non- reauthorization of the Child Abuse Pre- tional Stalker and Domestic Violence profit entities, Indian tribal govern- vention and Treatment Act to extend Reduction Grant. This important grant ments, and publicly funded organiza- the authorization of this important program assists in the improvement of tions such as law schools. These grant- program. We should all be concerned local, state and national crime data- ees are certainly worthy and appro- with providing victims of domestic vio- bases for tracking stalking and domes- priate to provide these services gen- lence with a safe place to recover from tic violence. As we work to prevent vi- erally; the objection is solely that they their traumatic experiences. In addi- olence against women, we must not should not be gagged from providing tion, I would like to see more support

VerDate 11-MAY-2000 02:41 Oct 12, 2000 Jkt 089060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\G11OC6.061 pfrm01 PsN: S11PT1 October 11, 2000 CONGRESSIONAL RECORD — SENATE S10185 for groups that address the need for leges and universities. Currently, the alone legislation or before VAWA ex- funding for under-served populations. Family Educational Rights and Pri- pired last month. There are positive things to come out vacy Act (FERPA) applies strict re- The conference report also includes of the revised version of VAWA II. I am strictions on the dissemination of in- the Justice for Victims of Terrorism pleased that we were able to cover formation in ‘‘education records,’’ but Act. I commend Senators LAUTENBERG ‘‘dating violence’’ in most of the provi- these restrictions are specifically de- and MACK for working with the Admin- sions and grant programs. The Bureau fined to exclude ‘‘records maintained istration on this consensus legislation of Justice Statistics report indicates by a law enforcement unit’’ of the which addresses serious policy con- that more than four in every 10 inci- school and were created for a law en- cerns raised by prior versions of the dents of domestic violence involves forcement purpose. Thus, to the extent bill. This measure has been cleared for non-married persons, and further, that that campus police get information action and passage by unanimous con- the highest rate of domestic violence about registered sex offenders under sent for some time by all Democratic occurs among young people aged 16–24. State law, they are able to use it as Senators. In my view, it should have It is crucial that we authorize prosecu- they wish. Apparently not satisfied to been passed in its own right a long tion of their offenders. We cannot ig- leave this issue to the States, the con- time ago. The Justice for Victims of Terrorism nore this increasingly at risk segment ference report would mandate that Act addresses an issue that should of the population. The House-passed States provide sex registry information deeply concern all of us: the enforce- version of VAWA II had contained such concerning students to colleges and ment of court-ordered judgments that provisions and I support them as they universities where the students are compensate the victims of state-spon- have been incorporated into the con- registered. sored terrorism. This legislation has ference report. I see no need to impose a federal dis- the strong support of American fami- In 1994, we designed VAWA to prevent closure requirement when the States lies who have lost loved ones due to the abusive husbands from using control are now free to regulate as they see fit callous indifference to life of inter- over their wives’ immigration status to the dissemination of sex registry infor- national terrorist organizations and control them. Over the ensuing six mation to schools and campus police, their client states, and it deserves our years we have discovered additional who may use it to protect the safety of support as well. areas that need to be addressed to pro- those on campus. No one is opposed to One such family is the family of tect immigrant women from abuse, and taking adequate safety measures re- Alisa Flatow, an American student have attempted to do so in this legisla- garding sex offenders on campus. My killed in Gaza in a 1995 bus bombing. tion. VAWA II will ensure that the im- concern has to do with unnecessary The Flatow family obtained a $247 mil- migration status of battered women federal mandates when the States are lion judgment in Federal court against will not be affected by changes in the perfectly capable of addressing the the Iranian-sponsored Islamic Jihad, status of their abusers. It will also issue. which proudly claimed responsibility make it easier for abused women and VAWA II includes a provision to en- for the bombing that took her life. But their children to become lawful perma- hance protections for older women the family has been unable to enforce nent residents and obtain cancellation from domestic violence and sexual as- this judgment because Iranian assets in of removal. With this legislation, bat- sault. Last year I introduced the Sen- the United States remain frozen. tered immigrant women should not iors Safety Act, S. 751, which would en- The conference report that the Sen- have to choose to stay with their abus- hance penalties for crimes against sen- ate passes today will provide an avenue ers in order to stay in the United iors. This provision in VAWA II is an for the Flatow family and others in States. important complement to that legisla- their position to recover some of the I am pleased that we have taken tion and I am pleased this provision damages due them under American these additional steps to protect immi- has been able to generate wide support. law. It will permit these plaintiffs to grant women facing domestic abuse in VAWA II would also help young vic- attach certain foreign assets to satisfy the United States. I would also like to tims of crime through funding for the the compensatory damages portion of point out the difficult situation of im- establishment of safe and supervised their judgments against foreign states migrant women who face domestic vio- visitation centers for children in order for personal injury or death caused by lence if they are returned to their to reduce the opportunity for domestic an act of torture, extrajudicial killing, home country. violence. Grants will also be extended aircraft sabotage, hostage taking, or Numerous cases have arisen recently to continue funding agencies serving the provision of material support or re- in which women who fear being killed homeless youth who have been or who sources for such an act. It will also per- by abusive spouses in their native are at risk of abuse and to continue mit these plaintiffs to recover post- lands were denied claims for asylum, funding for victims of child abuse, in- judgment interest and, in the case of despite the fact that the police in those cluding money for advocates, training claims against Cuba, certain amounts countries do not enforce what limited for judicial personnel and televised tes- that have been awarded as sanctions by laws apply to domestic violence. There timony. judicial order. are additional cases in which women Many of the most successful services I am also pleased that this measure who fear for their lives due to in- for victims start at the local level, also includes a Leahy-Feinstein grained social practices—such as such as Vermont’s model hotline on do- amendment dealing with support for ‘‘honor killings’’ in Jordan, in which mestic violence and sexual assault. victims of international terrorism. families have female relatives killed VAWA II recognizes these local suc- This amendment will enable the Office for ‘‘dishonoring’’ them—have lost asy- cesses and continues grant funding of for Victims of Crime to provide more lum claims. The Attorney General is community demonstration projects for immediate and effective assistance to currently reviewing the Board of Immi- the intervention and prevention of do- Americans who are victims of ter- gration Appeals decision Matter of R- mestic violence. rorism abroad—Americans like those A-, which is the precedent on which The original VAWA was an impor- killed or injured in the embassy bomb- these later decisions have been based. I tant and comprehensive Federal effort ings in Kenya and Tanzania, and in the have written, along with Senator to combat violence against women and Pan Am 103 bombing over Lockerbie, LANDRIEU and many other of my col- to assist the victims of such violence. Scotland. These victims deserve help, leagues, urging the Attorney General Passage of VAWA II gives us the oppor- but according to OVC, existing pro- to reverse this decision and protect tunity to continue funding these suc- grams are failing to meet their needs. women who face persecution. I renew cessful programs, to improve victim Working with OVC, we have crafted that request today, and hope that the services, and to strengthen these laws legislation to correct this problem. passage of this legislation will prompt so that violence against women is The Leahy-Feinstein part of this action on this issue as well. eliminated. I am pleased that we were measure will permit the Office for Vic- The conference report includes a pro- able to find a way to get this consid- tims of Crime to serve these victims vision that would require dissemina- ered and passed. I deeply regret that we better by expanding the types of assist- tion of sex registry information to col- have not been able to do so in stand- ance for which the VOCA emergency

VerDate 11-MAY-2000 02:41 Oct 12, 2000 Jkt 089060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\G11OC6.063 pfrm01 PsN: S11PT1 S10186 CONGRESSIONAL RECORD — SENATE October 11, 2000 reserve fund may be used, and the few years. I have on several occasions mitted Aimee’s law crimes—incarcer- range of organizations to which assist- noted my concern that we not dissipate ated for longer periods of time.’’ ance may be provided. These changes the progress we could be making by fo- Specifically, this proposal would will not require new or appropriated cusing exclusively on efforts to amend allow a state to apply to the Attorney funds: They simply allow OVC greater the Constitution. Regretfully, I must General for reimbursement of the costs flexibility in using existing reserve note that the pace of victims legisla- for investigation, prosecution and in- funds to assist victims of terrorism tion has slowed noticeably and many carceration of prisoners who were pre- abroad, including the victims of the opportunities for progress have been viously convicted in another state for Lockerbie and embassy bombings. squandered. I look forward to con- murder, rape or a dangerous sexual of- This provision will also authorize tinuing to work with the Administra- fense. The source of the reimbursement OVC to raise the cap on the VOCA tion, victims groups, prosecutors, funds will be from Federal law enforce- emergency reserve fund from $50 mil- judges and other interested parties on ment assistance funds that would oth- lion to $100 million, so that the fund is how we can most effectively assist vic- erwise be paid out to the state that large enough to cover the extraor- tims and provide them the greater convicted the individual of the prior of- dinary costs that would be incurred if a voice and rights that they deserve. fense and released that offender. terrorist act caused massive casualties, This is the third good part of the Last year, this proposal was adopted and to replenish the reserve fund with package that comes before the Senate as an amendment to S. 254, the Juve- unobligated funds from its other grant today. The sex trafficking bill, VAWA nile Justice bill. Even then I expressed programs. II and the Justice for Victims of Ter- grave reservations with the language At the same time, the provision will rorism legislation could each have and complications contained in the leg- simplify the presently-authorized sys- passed in its own right. The are being islation. Specifically, I noted that the tem of using VOCA funds to provide bundled together because the Repub- proposal was ‘‘extremely complicated victim compensation to American vic- lican leadership refused to proceed to and can create a great deal of problems tims of terrorism abroad, by permit- consideration of VAWA II or the vic- with some States’’ and offered ‘‘to ting OVC to establish and operate an tims legislation and this session is work more on the language to see if international crime victim compensa- drawing to a close. We are already there are areas of unnecessary com- tion program. This program will, in ad- passed the sine die adjournment date plication that could be removed.’’ dition, cover foreign nationals who are that had been set by the Majority (RECORD, May 19, 2000, p. S5526). Unfor- employees of any American govern- Leader. We are already into the second tunately, the juvenile justice con- ment institution targeted for terrorist or third or fourth continuing resolu- ference, in which the language of this proposal could have been refined, has attack. The source of funding is the tion needed to keep the government op- failed to meet for over a year. Appar- VOCA emergency reserve fund, which erating while Congress completes ap- ently, the Republican leadership in- we authorized in an amendment I of- propriations bills that should have tends to end the Congress without ever fered to the 1996 Antiterrorism and Ef- been enacted in July and September. completing work on the juvenile crime fective Death Penalty Act. While the conference report contains Finally, the provision clarifies that many provisions which I support, it bill. By any stretch of the imagination, deposits into the Crime Victims Fund also has been used as a vehicle for some the costs of Aimee’s law outweigh its remain available for intended uses pet Republican legislative projects promised benefits: under VOCA when not expended imme- that I do not endorse. I refer specifi- First, Aimee’s law penalizes states’ diately. This should quell concerns cally to ‘‘Aimee’s law’’ and the ‘‘Twen- law enforcement not for their own ac- raised regarding the effect of spending ty-First Amendment Enforcement tions, but for the actions taken by ju- caps included in appropriations bills Act.’’ dicial and corrections officers resulting The conference report contains a leg- last year and this. I understand the ap- in the release of a defendant who has propriations’ actions to have deferred islative proposal called ‘‘Aimee’s law,’’ not served the incarceration period re- spending but not to have removed de- which, though well intended, will not quired under Aimee’s law. Indeed, de- posits from the Fund. This provision serve this country well. We all shudder fendants who escape from jail without makes that explicit. when a violent offender is incarcerated serving their full term and commit I want to thank Senator FEINSTEIN for an insufficient length of time only subsequent crimes could subject the for her support and assistance on this to be released and claim another vic- state in which they committed their initiative. Senator FEINSTEIN cares tim. Let us be clear: everyone agrees initial crimes to decreased federal deeply about the rights of victims, and that serious violent offenders should funds otherwise used to help law en- I am pleased that we could work to- serve appropriate and sufficient incar- forcement. gether on some practical, pragmatic ceration. Yet, Aimee’s law is not the Second, Aimee’s law requires the an- improvements to our federal crime vic- way to pursue this goal. Neither nual collection, maintenance and re- tims’ laws. We would have liked to do Aimee’s law or Congress can accurately porting of criminal history for violent more. In particular, we would have assess with one hundred percent accu- offenders and covers not just those of- liked to allow OVC to deliver timely racy which offender will be a recidivist fenders currently in the system but and critically needed emergency assist- and which offender will not. This pro- any such offender no matter how long ance to all victims of terrorism and posal has myriad practical implemen- ago that offender was convicted, served mass violence occurring outside the tation problems that will make this time and was released. This provision United States and targeted at the law a headache to administer for the alone demands an enormous invest- United States or United States nation- States and the Department of Justice, ment of time and money, neither of als. without living up to its promise of which the legislation provides, to build Unfortunately, to achieve bipartisan stopping future tragedies. the criminal history database nec- consensus on this provision, we were Ironically, Aimee’s law will ad- essary to implement the new law. As compelled to restrict OVC’s authority, versely affect the States’ ability to the Department of Justice has pointed so that it may provide emergency as- fight crime. By taking law enforce- out, ‘‘[s]ince no time limit is imposed sistance only to United States nation- ment funds away from the states, the between the prior and subsequent con- als and employees. It seems more than legislation will in effect reduce the victions, the system would require a little bizarre to me that the richest states’ capacity to fight crime. The electronic criminal records that do not country in the world would reserve Pennsylvania Secretary of Corrections now exist and would be very expensive emergency aid for victims of terrorism has advised that ‘‘Pennsylvania, along to accumulate.’’ This ‘‘would require who can produce a passport or W–2. I with many other states, plans for the the establishment of a major national will continue to work with OVC and use of federal law enforcement money data center to collect and match state victims’ organization to remedy this years in advance. Excessive penalties records’’ and constitutes an ‘‘unfunded anomaly. have a high potential to interfere with mandate.’’ I regret that we have not done more states’ abilities to keep violent offend- During a colloquy in the House on for victims this year, or during the last ers—including those who have com- October 6th, Congressman CONYERS

VerDate 11-MAY-2000 02:41 Oct 12, 2000 Jkt 089060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\G11OC6.066 pfrm01 PsN: S11PT1 October 11, 2000 CONGRESSIONAL RECORD — SENATE S10187 asked a House sponsor of Aimee’s law this legislation sets a dangerous prece- ‘‘This is a bad bill, with dangerous con- whether it was the drafters’ intent that dent by erecting barriers to interstate sequences not only for alcohol but for Aimee’s law shall apply prospectively, and electronic commerce. the future of e-commerce and other that is only to offenders whose first Specifically, the bill would permit cross-state transactions.’’ I whole- sentence for a covered offense occurs the enforcement of state liquor laws in heartedly agree. on or after the effective date of this Federal court. This expansion of the ju- The Department of Justice has law, January 1, 2002, and the sponsor risdiction of the Federal courts is not warned Congress in relation to legisla- responded affirmatively. Yet, the law warranted. State attorneys general are tion affecting the Internet that: ‘‘[A]ny remains murky on this point since the already enforcing their state liquor prohibitions that are designed to pro- effective date may be construed to laws in state courts—whether the alco- hibit criminal activity on the Internet apply only to the time when states hol was brought over the Internet or must be carefully drafted to accom- may make applications for reimburse- over the counter at the corner store. plish the legislation’s objectives with- ment, not to when the offenses oc- The Internet has not changed the en- out stifling the growth of the Internet curred. We have two years before the forcement of state liquor laws. or chilling its use.’’ This bill fails that effective date to clarify this point, and This year, for instance, the Utah At- test. It is not carefully crafted. In fact, others, in this problematic law. torney General successfully enforced it is not even needed. It also could chill Third, while Aimee’s law would ex- that state’s liquor laws against an out- the use of the Internet as a means of empt certain States from application of-state direct sales shipper of alco- promoting interstate commerce. of the law, those exemptions are predi- holic beverages. That case resulted in I will vote in support of this con- cated, in part, upon ‘‘the average term fines of more than $25,000 and guilty ference report because the provisions of imprisonment imposed for that of- pleads by an out-of-state direct shipper on sex trafficking, VAWA and justice fense in all States.’’ The Pennsylvania to state law counts of unlawfully im- for victims are proposals I endorse. I do Director of Corrections has pointed out porting alcohol and selling it to a so with profound regret with the proc- that ‘‘[t]here is no record of what the minor. ess and that the majority insisted on national ‘average. . .’ is for crimes cov- Indeed, the Utah Attorney General, including Aimee’s law and the internet ered in this language. Further, if such Jan Graham, declared: ‘‘This case rep- alcohol bill that are not well consid- an average existed, it would contin- resents a significant win for Utah. No ered. They are the price that we pay ually fluctuate, guaranteeing that longer can retailers claim that we have for making progress here today. I will there would always be some states out no authority over illegal transactions work to see if we can limit their dam- of compliance.’’ that occur outside of the state. If age. Fourth, Aimee’s law adopts offense you’re shipping to a Utah resident, we In closing, I wish to thank the con- definitions that are unclear and fail to can and will prosecute you.’’ ferees and their staffs who showed conform to the offense definitions This legislation is using the Internet courtesy to me and mine. In particular, found in the federal criminal code or to as an excuse to impose a Federal fix for I thank Karen Knutsen of Senator the standard legal terms used in state a problem that is already being solved BROWNBACK’s staff and Mark Lagon and codes making it difficult to enforce at the state level. Whatever happened Brian McKee of the staff of the Foreign Aimee’s law across state lines. to Federalism? In fact, the National Relations Committee. I thank Nancy The National Governors’ Association Conference of State Legislatures op- Zirkin of the American Association of has repeatedly registered its dis- poses this legislation, calling the bill University Women and Pat Reuss of approval of Aimee’s law as ‘‘onerous, ‘‘an overreaction to a situation which the NOW Legal Defense and Education impractical and unworkable.’’ Con- can be reconciled among the states and Fund for their efforts on behalf of sequently, States may simply agree not in a federal court.’’ VAWA II. This has been a difficult among themselves not to file the appli- Skeptics rightly are concerned that matter at a difficult time that is being cations with the Attorney General re- some may be using the Internet as an concluded as best we can under these quired to obtain reimbursement. In- excuse to protect the decades-old dis- circumstances in order to enact the sex deed, such an application might trigger tribution system for wine and other al- trafficking legislation, VAWA II and a retaliatory review of the applicant’s coholic beverages. Although the Inter- the victims bill for all the good they own record of released defendants and net has not changed state liquor law can mean. result in reduction of important federal enforcement, it has opened up the wine Mr. President, I suggest the absence funds. As a consequence, states may and beer market to new consumer of a quorum. view invocation of Aimee’s law reim- choices and competition. The PRESIDING OFFICER. The bursement provisions as a risky propo- With the power of electronic com- clerk will call the roll. sition. merce, adult consumers now have the The assistant legislative clerk pro- In short, Aimee’s law is an empty freedom to choose from a rich assort- ceeded to call the roll. promise that may make good fodder for ment of different wine and beer prod- Mr. LEAHY. Mr. President, I ask 60-second campaign spots but will do ucts—from small wineries to nation- unanimous consent that the order for nothing to continue the progress we wide brewers in America or any other the quorum call be rescinded. have made over the last eight years to country in the world. The PRESIDING OFFICER. Without reduce the violent crime rate or to We should be embracing this free objection, it is so ordered. truly help crime victims. market and open competition. Com- Mr. LEAHY. Mr. President, I ask Senator HATCH has insisted that the petition in the free market is the unanimous consent that the distin- ‘‘Twenty-First Amendment Enforce- American way. But instead some wine guished Senator from Kansas be recog- ment Act’’ be included in the con- and beer wholesalers want to use this nized to make a unanimous consent re- ference report, despite the fact that the legislation as a protectionist ploy to quest. conference met September 28th, and keep their present distribution system, The PRESIDING OFFICER. Without expressly rejected inclusion of this pro- which effectively locks out small objection, it is so ordered. posal in the conference report. It was wineries and micro-breweries from ever Mr. BROWNBACK. Mr. President, I rejected by the Senate conferees and getting their products on a store shelf. ask unanimous consent that the votes the House conferees went so far as to Mothers Against Drunk Driving and occurring relative to the Thompson ap- adopt the position that no extraneous the National Conference of State Leg- peal as provided in the consent agree- legislation would be added to the sex islatures have noted that this Federal ment this body agreed to on October 6, trafficking provisions. Nevertheless, legislation is nothing more than an at- 2000, occur at 4:30 p.m. today, with the conference report contains Senator tempt to use the Federal courts in a adoption of the conference report to HATCH’s bill, which amounts to a dou- disagreement between wholesalers and occur immediately following that vote ble whammy—it is unnecessary and small independent wineries and brew- as provided in the consent agreement. dangerous to e-commerce. The pur- eries. The PRESIDING OFFICER. Is there ported goal of this legislation is to en- On August 12, 1999, The Wall Street objection? force state liquor laws. The approach of Journal wrote about this legislation: Without objection, it is so ordered.

VerDate 11-MAY-2000 02:41 Oct 12, 2000 Jkt 089060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\G11OC6.068 pfrm01 PsN: S11PT1 S10188 CONGRESSIONAL RECORD — SENATE October 11, 2000 Mr. BROWNBACK. Mr. President, for bruised, because they were beaten by Mr. HARKIN. Madam President, I the information of Members, in light of their spouse or their boyfriend or what- thank my good friend from Vermont this agreement, the next two votes will ever. All too often they were told by for yielding me this time to voice my occur at approximately 4:30 p.m. with that law enforcement officer, who real- support for the reauthorization of the the Thompson appeal vote occurring at ly had no education, no training, or no Violence Against Women Act. It is an 4:30 and the conference report vote oc- place to send the battered woman: important act that should be passed curring immediately thereafter. Well, this is a domestic matter. Go forthwith. f home and straighten it out with your I was a proud cosponsor of this bill husband. when it passed in 1994, and I am an RECESS So deep were the traditions ingrained original cosponsor of the reauthoriza- The PRESIDING OFFICER. The Sen- that it was very hard to remove them. tion bill. This is a law that has helped ate stands in recess until 2:15 p.m. In fact, the expression ‘‘rule of thumb’’ hundreds of thousands of women and Thereupon, the Senate, at 12:49 p.m., comes from the medieval law that said children in my State of Iowa and recessed until 2:16 p.m.; whereupon, the a husband could beat his wife with a across the Nation. Iowa has received Senate reassembled when called to stick provided that stick was no wider more than $8 million through grants of order by the Presiding Officer (Ms. than his thumb. VAWA. These grants fund the domestic The Violence Against Women Act COLLINS). violence hotline and keep the doors took giant strides to take this terrible, The PRESIDING OFFICER. The Sen- open at domestic violence shelters, dirty secret, bring it above ground, and ator from Utah is recognized. such as the Family Violence Center in begin really to cleanse it. The new law Des Moines. f acknowledged that the ancient bias VAWA grants to Iowa have provided ORDER OF PROCEDURE showed itself not just in the virulence services to more than 2,000 sexual as- of the perpetrators of violence but in sault victims just this year, and more Mr. HATCH. Without losing my own the failure of the system and the com- than 20,559 Iowa students this year time, I yield 5 minutes to the distin- munity to respond with sufficient care have received information about rape guished Senator from Vermont off the and understanding. Shelters grew, po- prevention through this Federal fund- leader’s time, 2 minutes from the dis- lice departments were educated, the ing. tinguished Senator from Minnesota off VAWA hotline—which we added to the The numbers show that VAWA is the leader’s time, and I understand the law as an afterthought, I remember, in working. A recent Justice report found distinguished Senator from New York the conference—got huge numbers of that intimate partner violence against desires 5 minutes off the minority lead- calls every week, far more than any- women decreased by 21 percent from er’s time. body ever expected. The increased pen- 1993 to 1998. This is strong evidence The PRESIDING OFFICER. Without alties for repeat sex offenders did a that State and community efforts are objection, it is so ordered. great deal of good. indeed working. But this fight is far The Senator from Vermont is recog- In my State alone, for instance, the from over. The reauthorization of this nized. act provided $92 million for purposes important legislation will allow these (The remarks of Mr. JEFFORDS are lo- such as shelter, such as education, such efforts to continue without having to cated in today’s RECORD under ‘‘Morn- as rape crisis centers, and such as pre- worry that this funding will be lost ing Business.’’) vention education for high school and from year to year. I commend the The PRESIDING OFFICER. Under college students, and victims’ services. Democratic and Republican leadership the previous order, the Senator from But, as impressive as the advances for working to get this bill done before New York is now recognized. were under the original VAWA, we still we adjourn. f have a long way to go; this horrible ac- I believe my friends on the Repub- tivity is ingrained deeply in our soci- lican side of the aisle are suffering TRAFFICKING VICTIMS PROTEC- ety. Building on the success of VAWA from a split personality. They are will- TION ACT OF 2000—CONFERENCE I, VAWA II—the Violence Against ing to reauthorize the Violence Against REPORT—Continued Women Act II—is now before us. It is Women Act, but they are not willing to still the case that a third of all mur- Mr. SCHUMER. Madam President, I put a judge on the Federal bench who dered women die at the hands of thank you as well as the chairman of knows more about this law, has done spouses and partners and a quarter of our committee, Mr. HATCH, and the more to implement this law than any all violent crimes against women are ranking member, Mr. LEAHY, for yield- other person in this country, and that committed by spouses and partners. In- ing me a brief amount of time to talk is Bonnie J. Campbell, who right now deed, the latest figures from the Bu- on the Violence Against Women Act. heads the Office of Violence Against I commend our leader on Judiciary, reau of Justice Statistics actually show an increase of 13 percent in rape Women that was set up by this law in Senator LEAHY, for his diligent work 1994. In fact, Bonnie Campbell has been on so many of the issues contained and sexual assault. So we have a long way to go. The the head of this office since its incep- here. I know there are some differences battle continues. It is why the Violence tion, and the figures bear out the fact on a few. I commend Senator BIDEN, Against Women Act is so important that this office is working, and it is who has worked long and hard on this and will make such a difference in the working well. issue for many years. We all owe him a lives of women across America. I will Bonnie Campbell’s name was sub- debt of gratitude for his strenuous ef- not catalog its provisions. That has mitted to the Senate in March. She had forts. I also thank the Senator from been done by my colleagues before me. her hearing in May. All the paperwork California, Mrs. BOXER. When Senator I urge my colleagues to vote for this is done. Yet she is bottled up in the BIDEN first introduced the bill in the legislation. Senate Judiciary Committee. Senate, Senator BOXER, then Congress In conclusion, let us hope this law Yesterday, the Senator from Ala- Member BOXER, was the House sponsor; will hasten the time when violence bama appeared on the CNN news show I was the cosponsor. When she moved against women is not a unique and ‘‘Burden of Proof’’ to discuss the status on to the Senate, I became the lead rampant problem requiring the atten- of judicial nominations. I want to ad- House sponsor and managed the bill as tion of this body. Let us pray for the dress some of the statements he made it was signed into law. time when women no longer need to on that show. When it was first enacted in 1994, the live in fear of being beaten. Senator SESSIONS said Bonnie Camp- Violence Against Women Act signaled I yield my time and thank my col- bell has no courtroom experience. The a sea change in our approach to the leagues. truth: Bonnie Campbell’s qualifications epidemic of violence directed at Mr. LEAHY. Madam President, I see are exemplary. The American Bar As- women. Until the law, by and large it my good friend, the Senator from Iowa, sociation has given her their stamp of had been a dirty little secret that on the floor. I yield him 10 minutes. approval. She has had a long history in every night hundreds of women showed The PRESIDING OFFICER. The Sen- law starting in 1984 with her private up at police precincts, battered and ator from Iowa. practice in Des Moines where she

VerDate 11-MAY-2000 02:41 Oct 12, 2000 Jkt 089060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\G11OC6.071 pfrm01 PsN: S11PT1 October 11, 2000 CONGRESSIONAL RECORD — SENATE S10189 worked on cases involving medical great job for all I know, but he didn’t is a very good judge. I supported him. malpractice, employment discrimina- have any courtroom experience either. Judge Rader got an opportunity to tion, personal injury, real estate, and Mr. HATCH. I agree with the Sen- have a vote on his nomination, and he family law. ator. was confirmed. Bonnie Campbell, who She was then elected attorney gen- Let me just say this. I am in agree- was nominated way back in March, has eral of Iowa, the first woman to ever ment with my friend and colleague never been given a vote. There is a big hold that office. In that position, she from Iowa. I believe it is helpful to difference. gained high marks from all ends of the have trial experience, especially when Mr. HARKIN. Yes. political spectrum as someone who was you are going to be a trial judge. I do Mr. LEAHY. It is not trial experi- strongly committed to enforcing the not think it is absolutely essential, ence. There is a big difference. She de- law to reducing crime and protecting however. I also believe some of the served a vote just as much as anybody consumers. greatest judges we have had, on the else. She never got the vote. Had she As I said, in 1995, she led the imple- trial bench, the appellate bench, and on gotten the vote, then I think she would mentation of the Violence Against the Supreme Court, never stepped a have been confirmed. It is not a ques- Women Act as head of that office under day into a courtroom other than to be tion of Judge Rader, whom I happen to the Justice Department. Her strong sworn into law to practice. like, who is a close personal friend of performance in this role is reflected in Mr. HARKIN. I agree with that. mine, and whom I supported; it is a last month’s House vote to reauthorize Mr. HATCH. That isn’t the situation. question of who gets a vote around VAWA—415–3. Now, I have to say, I appreciate my here. The PRESIDING OFFICER. The time Senator SESSIONS from Alabama says two colleagues from Iowa in their very yielded to the Senator from Iowa has she has no courtroom experience. I will earnest defense, and really offense, in mention a few of the judicial nominees expired. favor of Bonnie Campbell. She is a very Mr. LEAHY. I assumed the time of who have been confirmed who were nice woman and a very good person. criticized for having little or no court- the Senator from Utah was coming Personally, I wish I could have gotten from his side. room experience. her through. But it isn’t all this side’s Randall Rader—my friend from Utah Mr. HARKIN. I yielded to him. fault. As the Senator knows, things ex- Mr. LEAHY. Madam President, I might recognize that name—was ap- ploded here at the end because of con- yield the Senator 2 more minutes. pointed to the U.S. Claims Court in tinual filibusters on motions to pro- The PRESIDING OFFICER. The Sen- 1988 and then to the Federal circuit in ceed and misuse of the appointments ator from Iowa is recognized for 2 more 1990. Before 1988, Mr. Rader had never clause, holds by Democrats, by the minutes. practiced law, had only been out of law Democrat leader, on their own judges, Mr. HARKIN. I just point out, J. school for 11 years, and his only post- and other problems that have arisen Harvie Wilkinson is another judge in law-school employment had been with that always seem to arise in the last the Fourth Circuit. Again, he never Congress as counsel to Senator HATCH days. had any courtroom experience either. from Utah. Yet today, he sits on a Fed- So I apologize to the distinguished I am just pointing out, the Senator eral bench. But Senator SESSIONS from Senator I couldn’t do a better job in from Alabama yesterday, on the same Alabama says Bonnie Campbell has no getting her through. But I agree with TV show, said Bonnie Campbell was courtroom experience; that is why she him, and I felt obligated to stand and nominated too late. Nonsense. does not deserve to be on the Federal tell him I agreed with him, that some Gobbledy-gook. court. of our greatest judges who have ever Bonnie Campbell was nominated on Pasco Bowman serves on the Eighth served have never had a day in court. I March 2 of this year. The four judicial Circuit. He was confirmed in 1983. Be- might add, some of the worst who have nominees who were confirmed just last fore his nomination— ever served have never had a day in week were nominated after Bonnie Mr. HATCH. Will the Senator yield? court also. I think it is only fair to Campbell. Why didn’t Senator SESSIONS Mr. HARKIN. He was criticized for make that clear. But there are also from Alabama stop them from going his lack of experience because he had some pretty poor judges who have been out of committee? They were nomi- been in private practice for 5 years out trial lawyers, as well. So it isn’t nec- nated after Bonnie Campbell. Three of of law school, and the rest of that time essarily any particular experience. them were nominated, received their he was a law professor. Now he is on Mr. LEAHY. If the Senator would hearings, and were reported out of the the Eighth Circuit. committee during the same week in Mr. HATCH. Will the Senator yield? I yield? Mr. HARKIN. I am just pointing out July. Bonnie Campbell had her hearing want to agree with that. in May, and she has since been bottled Mr. HARKIN. Yes. what the Senator from Alabama, who is a member of the Judiciary Com- up in committee. Mr. HATCH. I agree with the Sen- I keep pointing out, in 1992 President ator. I do not think it is critical that a mittee, said. Mr. HATCH. I understand. Bush nominated 14 circuit court person have prior trial experience to be judges. Nine had their hearing, nine nominated to the Federal bench. Mr. HARKIN. I was not saying any- thing about the Senator from Utah. I were referred, and nine were con- Mr. HARKIN. I appreciate that. firmed—all in 1992. I guess it was not Mr. HATCH. There are many aca- was just pointing out, as he just did, some good judges on the appellate level too late when the Republicans had the demics who have not had 1 day of trial Presidency, but it is too late if there is experience. There have been a number never had trial experience. Mr. HATCH. If the Senator would a Democrat President. of Supreme Court Justices who have Here is the year: 2000. Seven circuit yield again, if we made that the cri- not had 1 day of trial experience. I do court judges have been nominated; two terion, that you have to have a lot of criticize the Senator in one regard, and have had their hearing, one has been trial experience, I am afraid we would that is for bringing up the name of referred, and one has been confirmed— Randall Rader because Randy happened hurt the Federal Judiciary in many re- one out of seven. to be one of the best members of our spects because there are some great So who is playing politics around Senate Judiciary Committee. He is now people—— this place? one of the leading lights in all intellec- Mr. HARKIN. I agree. The Senator from Alabama said the tual property issues as a Federal Cir- Mr. HATCH. Who have served in very Judiciary Committee is holding hear- cuit Court of Appeals judge. The fact distinguished manners who have not ings, just as they did in the past. is, he has a great deal of ability in that had trial experience. I think it is help- In 1992, there were 15 judicial hear- area. I agree with that. ful, but it does not necessarily mean ings; this year, there have been 8. Mr. HARKIN. Will the Senator yield you are going to be a great judge. The Senator from Alabama also said on that point? I am not criticizing I thank my colleague for yielding. some Republican Senators claim Randall Rader. Mr. LEAHY. Madam President, if the Bonnie Campbell is too liberal. Mr. HATCH. I didn’t think you were. Senator will yield, I will note the big But Bonnie Campbell has bipartisan Mr. HARKIN. I am saying here is a difference between Judge Rader and support. Senator GRASSLEY, law en- guy on the court, probably doing a Bonnie Campbell. I think Judge Rader forcement people, and victims services

VerDate 11-MAY-2000 02:41 Oct 12, 2000 Jkt 089060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\G11OC6.087 pfrm01 PsN: S11PT1 S10190 CONGRESSIONAL RECORD — SENATE October 11, 2000 groups also all support her. Is that the 1992, at the end of the 102nd Congress. careers both in public service and the test? By comparison, there are only 40 Clin- private sector. Senator JEFF SESSIONS, The PRESIDING OFFICER. The Sen- ton nominations that will expire when Governor Frank Keating, and Wash- ator’s 2 minutes have expired. this Congress adjourns. My Democratic ington attorney John Roberts are just Mr. HARKIN. May I have 2 more min- colleagues have discussed at length a few examples that come to mind. utes? some of the current nominees whose I know that it is small comfort to the Mr. LEAHY. Madam President, how nominations will expire at the adjourn- individuals whose nominations are much time remains for the Senator ment of this Congress, including pending, but the fact of the matter is from Vermont? Bonnie Campbell. I ask unanimous con- that inevitably some nominations will The PRESIDING OFFICER. The Sen- sent that this list of 53 Bush nomina- expire when the Congress adjourns. I ator from Vermont has 9 minutes re- tions that Senate Democrats permitted happens every two years. I personally maining. to expire in 1992 be printed in the believe that Senate Republicans should Mr. LEAHY. I yield 1 more minute to RECORD. get some credit for keeping the number the Senator. There being no objection, the mate- of vacancies that will die at the end of Mr. HARKIN. Thirty seconds. rial was ordered to be printed in the this Congress relatively low. As things The PRESIDING OFFICER. The Sen- RECORD, as follows: now stand, 13 fewer nominations will ator is recognized for 30 seconds. expire at the end this year than expired UNANIMOUS CONSENT REQUEST—NOMINATION OF 53 BUSH NOMINATIONS RETURNED BY THE DEMOCRAT- at the end of the Bush Presidency. BONNIE J. CAMPBELL CONTROLLED SENATE IN 1992 AT THE CLOSE OF THE Madam President, I rise today to ex- Mr. HARKIN. Since this may be my 102D CONGRESS press my pride and gratitude that the only opportunity today, I will do it, as Violence Against Women Act of 2000 Nominee Court I will every day we are in session. will pass the Senate today and soon be- Madam President, I ask unanimous Sidney A. Fitzwater of Texas ...... Fifth Circuit. come law. This important legislation John G. Roberts, Jr. of Maryland ...... D.C. Circuit. consent that the Judiciary Committee John A. Smietanka of Michigan ...... Sixth Circuit. provides tools that will help women in be discharged from further consider- Frederico A. Moreno of Florida ...... Eleventh Circuit. Utah and around the country who are Justin P. Wilson of Tennessee ...... Sixth Circuit. ation of the nomination of Bonnie J. Franklin Van Antwerpen of Penn...... Third Circuit. victims of domestic violence break Campbell, that after the two rollcall Francis A. Keating of Oklahoma ...... Tenth Circuit. away from dangerous and destructive Jay C. Waldman of Pennsylvania ...... Third Circuit. votes at 4:30—— Terrance W. Boyle of North Carolina Fourth Circuit. relationships and begin living their Mr. HATCH. I object. Lillian R. BeVier of Virginia ...... Fourth Circuit lives absent of fear. James R. McGregor ...... Western District of Pennsylvania. The PRESIDING OFFICER. Objec- Edmund Arthur Kavanaugh ...... Northern District of New York. I commend all of my fellow Senators tion is heard. Thomas E. Sholts ...... Southern District of Florida. and colleagues in the House of Rep- Andrew P. O’Rourke ...... Southern District of New York. Mr. HATCH. I will wait until the Tony Michael Graham ...... Northern District of Oklahoma. resentatives with whom I worked to Senator finishes. Carlos Bea ...... Northern District of California. ensure the Violence Against Women James B. Franklin ...... Southern District of Georgia. Mr. HARKIN. I wanted to finish— David G. Trager ...... Eastern District of New York. Act is reauthorized through the year that the Senate proceed to this nomi- Kenneth R. Carr ...... Western District of Texas. 2005. The Republican and Democratic James W. Jackson ...... Northern District of Ohio. nation, with debate limited to 2 hours Terral R. Smith ...... Western District of Texas. Senators and Representatives who equally divided and, further, that the Paul L. Schechtman ...... Southern District of New York. worked to make sure that this legisla- Percy Anderson ...... Central District of California. Senate vote on this nomination at the Lawrence O. Davis ...... Eastern District of Missouri. tion passed understood and understand conclusion of the yielding back of Andrew S. Hanen ...... Southern District of Texas. that violence knows no boundaries and Russell T. Lloyd ...... Southern District of Texas. time. John F. Walter ...... Central District of California. it can affect the lives of everyone. The PRESIDING OFFICER. Is there Gene E. Voigts ...... Western District of Missouri. This has been a truly bipartisan ef- Manual H. Quintana ...... Southern District of New York. objection? Charles A. Banks ...... Eastern District of Arizona. fort of which everyone can be ex- Mr. HATCH. Madam President, I ob- Robert D. Hunter ...... Northern District of Alabama. tremely proud. Specifically, I thank Maureen E. Mahoney ...... Eastern District of Virginia. ject. James S. Mitchell ...... Nebraska. Senator JOSEPH BIDEN for his The PRESIDING OFFICER. Objec- Ronald B. Leighton ...... Western District of Washington. unyielding commitment to this bill. William D. Quarles ...... Maryland. tion is heard. James A. McIntyre ...... Southern District of California. His leadership and dedication has en- Who yields time? Leonard E. Davis ...... Eastern District of Texas. sured VAWA’s passage. I must say, J. Douglas Drushal ...... Northern District of Ohio. Mr. HATCH addressed the Chair. C. Christopher Hagy ...... Northern District of Georgia. though, that all along I remained more The PRESIDING OFFICER. The Sen- Louis J. Leonatti ...... Eastern District of Missouri. optimistic than he that we would pass James J. McMonagle ...... Northern District of Ohio. ator from Utah. Katharine J. Armentrout ...... Maryland. this bill I promised him we would. Mr. HATCH. Madam President, I get Larry R. Hicks ...... Nevada. I want to take a moment to briefly Richard Conway Casey ...... Southern District of New York. a little tired of some of these com- R. Edgar Campbell ...... Middle District of Georgia. summarize some of the important pro- ments about judges when we put Joanna Seybert ...... Eastern District of New York. visions in this legislation. First, the Robert W. Kostelka ...... Western District of Louisiana. through 377 Clinton-Gore judges, only 5 Richard E. Dorr ...... Western District of Missouri. bill reauthorizes through fiscal year fewer than Ronald Reagan, the all-time James H. Payne ...... Oklahoma. 2005 the key programs included in the Walter B. Prince ...... Massachusetts. high. I get a little tired of the anguish- George A. O’Toole, Jr ...... Massachusetts. original Violence Against Women Act, ing. William P. Dimitrouleas ...... Southern District of Florida. such as the STOP and Pro-Arrest grant There has never been, to my recollec- Henry W. Saad ...... Eastern District of Michigan. programs. The STOP grant program tion, in my 24 years here, a time where Mr. HATCH. I would note that the has succeeded in bringing police and we have not had problems at the end of Reagan and Bush nominations that prosecutors, working in close collabo- a Presidential year. Whether the Senate Democrats allowed to expire ration with victim services providers, Democrats are in power or we are in Congresses included the nominations of into the fight to end violence against power, there is always somebody, and minorities and women, such as Lillian women. The STOP grants were revised others—quite a few people—who foul up BeVier, Frederic Moreno, and Judy to engage State courts in fighting vio- the process. But that is where we are. Hope. lence against women by targeting And to further foul it up is just not in I do not have any personal objection funds to be used by these courts for the the cards. to the judicial nominees who my training and education of court per- Senator HARKIN has spoken at length Democratic colleagues have spoken sonnel, technical assistance, and tech- about one nominee: Bonnie J. Camp- about over the last few weeks. I am nological improvements. bell. Let me respond. sure that they are all fine people. Simi- The Pro-Arrest grants have helped to It always is the case that some nomi- larly, I do not think that my Demo- develop and strengthen programs and nations ‘‘die’’ at the end of the Con- cratic colleagues had any personal ob- policies that mandate and encourage gress. In 1992, when Democrats con- jections to the 53 judicial nominees police officers to arrest abusers who trolled the Senate, Congress adjourned whose nominations expired in 1992, a commit acts of violence or violate pro- without having acted on 53 Bush nomi- the end of the Bush presidency. tection orders. These grants have been nations. I have a list here of the 53 Many of the Republican nominees expanded to include expressly the en- Bush nominees whose nominations ex- whose confirmations were blocked by forcement of protection orders as a pired when the Senate adjourned in the Democrats have gone on to great focus for the grant program funds. The

VerDate 11-MAY-2000 03:51 Oct 12, 2000 Jkt 089060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\G11OC6.090 pfrm01 PsN: S11PT1 October 11, 2000 CONGRESSIONAL RECORD — SENATE S10191 changes also make the development issue of domestic violence. Legislators current counsel Bonnie Robin-Vergeer and enhancement of data collection from both sides of the aisle in both and former counsel Sheryl Walters. and sharing systems to promote en- Houses of Congress have been com- They are truly professionals. forcement of protection orders a fund- mitted to ensuring that this legislation On Senator ABRAHAM’S staff, I’d like ing priority. Another improvement re- becomes law. I am proud to have to thank Lee Otis, and her counterpart quires recipients of STOP and Pro-Ar- worked with my fellow legislators to on Senator KENNEDY’s staff, Esther rest grant funds, as a condition of fund- achieve this goal, which will bring Olavarria. ing, to facilitate the filing and service much needed assistance to the victims On the Foreign Relations Committee, of protection orders without cost to of domestic violence. I’d like to express my thanks to staff the victim in both civil and criminal Madam President, I am not just talk- Director Biegun and the committed cases. ing about violence against women leg- staffs of Senator BROWNBACK and Additionally, the legislation reau- islation and the work that Senator WELLSTONE, including Sharon Payt and thorizes the National Domestic Vio- BIDEN and I have done through the Karen Knutson. lence Hotline and rape prevention and years to make it a reality. I actually And finally, Mr. President, there are education grant programs. It also con- worked very hard in my home State to many dedicated people on my own staff tains three victims of child abuse pro- make sure we have women-in-jeopardy who deserve special recognition. I grams, including the court-appointed programs, battered women shelters, thank my chief counsel and staff direc- special advocate program. The Rural psychiatric children programs, and tor, Manus Cooney, as well as Sharon Domestic Violence and Child Abuse En- other programs of counseling, so that Prost, Maken Delrahim, and Leah forcement Grants are reauthorized they can be taken care of in conjunc- Belaire. through 2005. This direct grant pro- tion with the Violence Against Women I ask unanimous consent that a joint gram, which focuses on problems par- Act and the moneys we put up here. In managers’ statement be printed in the ticular to rural areas, will specifically fact, we hold an annual charitable golf RECORD. help Utah and other states and local tournament that raises between There being no objection, the mate- governments with large populations $500,000 and $700,000 a year, most of rial was ordered to be printed in the living in rural areas. which goes for seed money to help RECORD, as follows: Second, the legislation includes tar- these women-in-jeopardy programs, Mr. President, we are very pleased that the geted improvements that our experi- children’s psychiatric, and other pro- Senate has taken up and passed the Biden- ence with the original Act has shown grams in ways that will help our soci- Hatch Violence Against Women Act of 2000 to be necessary. For example, VAWA ety and families. today. We have worked hard together over authorizes grants for legal assistance I believe in this bill. I believe it is the past year to produce a bipartisan, for victims of domestic violence, stalk- something we should do. I think every- streamlined bill that has gained the support of Senators from Both sides of the aisle. ing, and sexual assault. It provides body ought to vote for it, and I hope, The enactment of the Violence Against funding for transitional housing assist- no matter what happens today, we pass Women Act in 1994 signaled the beginning of ance, an extremely crucial complement this bill, get it into law, and do what is a national and historic commitment to the to the shelter program, which was sug- right for our women and children—and women and children in this country victim- gested early on by persons in my home sometimes even men who are also cov- ized by family violence and sexual assault. state of Utah. It also improves full ered by this bill because it is neutral. Today we renew that national commitment. faith and credit enforcement and com- But I hope we all know that it is most- The original Act changed our laws, puterized tracking of protection orders strengthened criminal penalties, facilitated ly women who suffer. I hope we can get enforcement of protection orders from state by prohibiting notification of a this done and do it in a way that really to state, and committed federal dollars to batterer without the victim’s consent shows the world what a great country police, prosecutors, battered women shelters, when an out-of-state order is registered we live in and how much we are con- a national domestic violence hotline, and in a new jurisdiction. Another impor- cerned about women, children, fami- other measures designed to crack down on tant addition to the legislation ex- lies, and doing something about some batterers and offer the support and services pands several key grant programs to of the ills and problems that beset us. that victims need in order to leave their cover violence that arises in dating re- How much time do I have remaining? abusers. lationships. Finally, it makes impor- The PRESIDING OFFICER. The Sen- These programs are not only popular, but ator has 5 minutes 15 seconds remain- more importantly, the Violence Against tant revisions to the immigration laws Women Act is working. The latest Depart- to protect battered immigrant women. ing. ment of Justice statistics show that overall, There is no doubt that women and Mr. HATCH. Madam President, let violence against women by intimate partners children in my home state of Utah will me use 1 more minute, and I will make is down, falling 21 percent from 1993 (just benefit from the improvements made a couple more comments. I want to ex- prior to the enactment of the original Act) in this legislation. Mr. President, this press my strong support for the under- to 1998. is the type of legislation that can ef- lying bill in this conference report States, counties, cities, and towns across fect positive changes in the lives of all dealing with victims of sex trafficking. the country are creating a seamless network I am proud to have worked with my of services for victims of violence against Americans. It provides assistance to women—from law enforcement to legal serv- battered women and their children colleagues on the Foreign Relations ices, from medical care and crisis counseling, when they need it the most. It provides Committee, led by Senators to shelters and support groups. The Violence hope to those whose lives have been BROWNBACK and WELLSTONE for much Against Women Act has made, and is mak- shattered by domestic violence. of this past summer, on the significant ing, a real difference in the lives of millions I am proud to have worked with the criminal and immigration provisions in of women and children. women’s groups in Utah and elsewhere this legislation. This is an important Not surprisingly, the support for the bill is in seeing that VAWA is reauthorized. measure that will strengthen the abil- overwhelming. The National Association of With their help, we have been able to ity of law enforcement to combat Attorneys General has sent a letter calling for the bill’s enactment signed by every make targeted improvements to the international sex trafficking and pro- state Attorney General in the country. The original legislation that will make cru- vide needed assistance to the victims National Governors’ Association support the cial services better and more available of such trafficking. I think we can all bill. The American Medical Association. Po- to women and children who are trapped be very proud of this effort. lice chiefs in every state Sheriffs. District in relationships of terror. I am proud of Before I conclude, Mr. President, I Attorneys. Women’s groups. Nurses, Bat- this achievement and what it will do to want to thank all of the committed tered women’s shelters. The list goes on and save the lives of victims of domestic vi- staff members on both sides of the aisle on. olence. and on several committees for their For far too long, law enforcement, prosecu- In closing, I again want to thank tors, the courts, and the community at large talented efforts to get this legislation treated domestic abuse as a ‘‘private family Senators BIDEN and ABRAHAM, Con- done. matter,’’ looking the other way when women gressman BILL MCCOLLUM, and Con- First, on Senator BIDEN’S staff, I suffered abuse at the hands of their supposed gresswoman CONNIE MORELLA for their thank Alan Hoffman, chief of Staff for loved ones. Thanks in part to the original leadership on and dedication to the his tireless commitment, as well as Act, violence against women is no longer a

VerDate 11-MAY-2000 02:41 Oct 12, 2000 Jkt 089060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\G11OC6.091 pfrm01 PsN: S11PT1 S10192 CONGRESSIONAL RECORD — SENATE October 11, 2000 private matter, and the time when a woman the submission of divorce decrees from each any children, and the crimes that are being has to suffer in silence because the criminal of the abusive citizen’s or lawful permanent committed against the battered immigrant. who is victimizing her happens to be her hus- resident’s former marriages. For an abused Similarly, the Attorney General is to take band or boyfriend has past. Together—at the spouse to obtain sufficient detailed informa- the same types of evidence into account in federal, state, and local levels—we have been tion about the date and the place of each of determining under sections 1503(d) and steadily moving forward, step by step, along the abuser’s former marriages and the date 1504(a) whether a battered immigrant has the road to ending this violence once and for and place of each divorce, as INS currently proven that he or she is a person of good all. But there is more that we can do, and requires, can be a daunting, difficult and moral character and whether otherwise dis- more that we must do. dangerous task, as this information is under qualifying conduct should not operate as a The Biden-Hatch Violence Against Women the control of the abuser and the abuser’s bar to that finding because it is connected to Act of 2000 accomplishes two basic things: family members. Section 1503 should relieve the domestic violence, including the need to First, the bill reauthorizes through Fiscal the battered immigrant of that burden in the escape an abusive relationship. This legisla- Year 2005 the key programs included in the ordinary case. tion also clarifies that the VAWA evi- original Violence Against Women Act, such Second, section 1503 also makes VAWA re- dentiary standard under which battered im- as the STOP, Pro-Arrest, Rural Domestic Vi- lief available to abused spouses and children migrants in self-petition and cancellation olence and Child Abuse Enforcement, and living abroad of citizens and lawful perma- proceedings may use any credible evidence campus grants programs; battered women’s nent residents who are members of the uni- to prove abuse continues to apply to all as- shelters; the National Domestic Violence formed services or government employees pects of self-petitions and VAWA cancella- Hotline; rape prevention and education grant living abroad, as well as to abused spouses tion as well as to the various domestic vio- programs; and three victims of child abuse and children living abroad who were abused lence discretionary waivers in this legisla- programs, including the court-appointed spe- by a citizen or lawful permanent resident tion and to determinations concerning U cial advocate program (CASA). spouse or parent in the United States. We visas. Second, the Violence Against Women Act would expect that INS will take advantage of Fifth, section 1505 makes section 212(i) waivers available to battered immigrants on of 2000 makes some targeted improvements the expertise the Vermont Service Center a showing of extreme hardship to, among that our experience with the original Act has has developing in deciding self-petitions and others, a ‘‘qualified alien’’ parent or child. shown to be necessary, such as— assign it responsibility for adjudicating The reference intended here is to the current (1) Authorizing grants for legal assistance these petitions even though they may be definition of a qualified alien from the Per- for victims of domestic violence, stalking, filed at U.S. embassies abroad. sonal Responsibility and Work Opportunity and sexual assault; Third, while VAWA self-petitioners can in- Reconciliation Act of 1996, found at 8 U.S.C. (2) Providing funding for transitional hous- clude their children in their applications, VAWA cancellations of removal applicants 1641. ing assistance; Sixth, section 1506 of this legislation ex- (3) Improving full faith and credit enforce- cannot. Because there is a backlog for appli- tends the deadline for a battered immigrant ment and computerized tracking of protec- cations for minor children of lawful perma- to file a motion to reopen removal pro- tion orders; nent residents, the grant of permanent resi- ceedings, now set at 90 days after the entry (4) Strengthening and refining the protec- dency to the applicant parent and the theo- of an order of removal, to one year after tions for battered immigrant women; retical available of derivative status to the final adjudication of such an order. It also (5) Authorizing grants for supervised visi- child at that time does not solve this prob- allows the Attorney General to waive the tation and safe visitation exchange of chil- lem. Although in the ordinary cancellation one year deadline on the basis of extraor- dren between parents in situations involving case the INS would not seek to deport such dinary circumstances or hardship to the domestic violence, child abuse, sexual as- a child, an abusive spouse may try to bring alien’s child. Such extraordinary cir- sault, or stalking; and about that result in order to exert power and cumstances may include but would not be (6) Expanding several of the key grant pro- control over the abused spouse. Section 1504 limited to an atmosphere of deception, vio- grams to cover violence that arises in dating directs the Attorney General to parole such lence, and fear that make it difficult for a relationships. children, thereby enabling them to remain victim of domestic violence to learn of or Although this Act does not extend the Vio- with the victim and out of the abuser’s con- take steps to defend against or reopen an lent Crime Reduction Trust Fund, it is the trol. This directive should be understood to order of removal in the first instance. They managers’ expectation that if the Trust include a battered immigrant’s children also include failure to defend against re- Fund is extended beyond Fiscal Year 2000, whether or not they currently reside in the moval or file a motion to reopen within the funds for the programs authorized or reau- United States, and therefore to include the deadline on account of a child’s lack of ca- thorized in the Violence Against Women Act use of his or her parole power to admit them pacity due to age. Extraordinary cir- of 2000 would be appropriated from this dedi- if necessary. The protection offered by sec- cumstances may also include violence or cated funding source. tion 1504 to children abused by their U.S. cit- cruelty of such a nature that, when the cir- Several points regarding the provisions of izen or lawful permanent resident parents is cumstances surrounding the domestic vio- Title V, the Battered Immigrant Women available to the abused child even though lence and the consequences of the abuse are Protection Act of 2000, bear special mention. the courts may have terminated the parental considered, not allowing the battered immi- Title V continues the work of the Violence rights of the abuser. grant to reopen the deportation or removal Against Women Act of 1994 (‘‘VAWA’’) in re- Fourth, in an effort to strengthen the hand proceeding would thwart justice or be con- moving obstacles inadvertently interposed of victims of domestic abuse, in 1996 Con- trary to the humanitarian purpose of this by our immigration laws that many hinder gress added crimes of domestic violence and legislation. Finally, they include the bat- or prevent battered immigrants from fleeing stalking to the list of crimes that render an tered immigrant’s being made eligible by domestic violence safely and prosecuting individual deportable. This change in law has this legislation for relief from removal not their abusers by allowing an abusive citizen had unintended negative consequences for available to the immigrant before that time. or lawful permanent resident to blackmail abuse victims because despite recommended Seventh, section 1507 helps battered immi- the abused spouse through threats related to procedures to the contrary, in domestic vio- grants more successfully protect themselves the abused spouse’s immigration status. We lence cases many officers still makes dual from ongoing domestic violence by allowing would like to elaborate on the rationale for arrests instead of determining the primary battered immigrants with approved self-peti- several of these new provisions and how that perpetrator of abuse. A battered immigrant tions to remarry. Such remarriage cannot rationale should inform their proper inter- may well not be in sufficient control of his serve as the basis for revocation of an ap- pretation and administration. or her life to seek sufficient counsel before proved self-petition or rescission of adjust- First, section 1503 of this legislation allows accepting a plea agreement that carries lit- ment of status. battered immigrants who unknowingly tle or no jail time without understanding its There is one final issue that has been marry bigamists to avail themselves of immigration consequences. The abusive raised, recently, which we would like to take VAWA’s self-petition procedures. This provi- spouse, on the other hand, may understand this opportunity to address, and that is the sion is also intended to facilitate the filing those consequences well and may proceed to eligibility of men to receive benefits and of a self-petition by a battered immigrant turn the abuse victim in to the INS. services under the original Violence Against married to a citizen or lawful permanent To resolve this problem, section 1505(b) of Women Act and under this reauthorizing leg- resident with whom the battered immigrant this legislation provides the Attorney Gen- islation. The original Act was enacted in 1994 believes he or she had contracted a valid eral with discretion to grant a waiver of de- to respond to the serious and escalating marriage and who represented himself or portability to a person with a conviction for problem of violence against women. A volu- herself to be divorced. To qualify, a marriage a crime of domestic violence or stalking that minous legislative record compiled after four ceremony, either in the United States or did not result in serious bodily injury and years of congressional hearings dem- abroad, must actually have been performed. that was connected to abuse suffered by a onstrated convincingly that certain violent We would anticipate that evidence of such a battered immigrant who was not the pri- crimes, such as domestic violence and sexual battered immigrant’s legal marriage to the mary perpetrator of abuse in a relationship. assault, disproportionally affect women, abuser through a marriage certificate or In determining whether such a waiver is war- both in terms of the sheer number of as- marriage license would ordinarily suffice as ranted, the Attorney General is to consider saults and the seriousness of the injuries in- proof that the immigrant is eligible to peti- the full history of domestic violence in the flicted. Accordingly, the Act, through sev- tion for classification as a spouse without case, the effect of the domestic violence on eral complementary grant programs, made it

VerDate 11-MAY-2000 02:41 Oct 12, 2000 Jkt 089060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\A11OC6.023 pfrm01 PsN: S11PT1 October 11, 2000 CONGRESSIONAL RECORD — SENATE S10193 a priority to address domestic violence and sion to report on the effectiveness of the ac- Sets aside 5 percent of total amounts avail- sexual assault targeted at women, even tivities carried out. Requires the Attorney able for grants to Indian tribal governments. though women, of course, are not alone in General or Secretary, as applicable, to report Authorization level is $65 million/year (FY experiencing this type of violence. biennially to the Senate and House Judiciary 2000 appropriation was $34 million). Recent statistics justify a continued focus Committees on these grant programs. Sec. 1105. Rural Domestic Violence and Child on violence targeted against women. For ex- TITLE I—STRENGTHENING LAW ENFORCEMENT Abuse Enforcement Grants Reauthorization ample, a report by the U.S. Department of TO REDUCE VIOLENCE AGAINST WOMEN Extends through 2005 these direct grant Justice, Bureau of Justice Statistics issued Sec. 1101. Improving Full Faith and Credit En- programs that help states and local govern- in May 2000 on Intimate Partner Violence ments focus on problems particular to rural confirms that crimes committed against per- forcement of Protection Orders Helps states and tribal courts improve areas. sons by current or former spouses, boy- Sets aside 5 percent of total amounts avail- interstate enforcement of protection orders friends or girlfriends—termed intimate part- able for grants to Indian tribal governments. as required by the original Violence Against ner violence—is ‘‘committed primarily Authorization level is $40 million/year (FY Women Act of 1994. Renames Pro-Arrest against women.’’ Of the approximately 1 mil- 2000 appropriation was $25 million). lion violent crimes committed by intimate Grants to expressly include enforcement of Sec. 1106. National Stalker and Domestic Vio- partners in 1998, 876,340, or about 85 percent, protection orders as a focus for grant pro- lence Reduction Grants Reauthorization were committed against women. Women gram funds, adds as a grant purpose tech- were victims of intimate partner violence at nical assistance and use of computer and Extends through 2005 this grant program to a rate about 5 times that of men. That same other equipment for enforcing orders; in- assist states and local governments in im- year, women represented nearly 3 out of 4 structs the Department of Justice to identify proving databases for stalking and domestic victims of the 1,830 murders attributed to in- and make available information on prom- violence. timate partners. Indeed, while there has been ising order enforcement practices; adds as a Authorization level is $3 million/year (FY a sharp decrease over the years in the rate of funding priority the development and en- 1998 appropriation was $2.75 million). murder of men by intimates, the percentage hancement of data collection and sharing Sec. 1107. Clarify Enforcement to End Interstate of female murder victims killed by intimates systems to promote enforcement or protec- Battery/Stalking has remained stubbornly at about 30 percent tion orders. Clarifies federal jurisdiction to ensure since 1976. Amends the full faith and credit provision reach to persons crossing United States bor- Despite the need to direct federal funds to- in the original Act to prohibit requiring reg- ders as well as crossing state lines by use of ward the most pressing problem, it was not, istration as a prerequisite to enforcement of ‘‘interstate or foreign commerce language.’’ and is not, the intent of Congress categori- out-of-state orders and to prohibit notifica- Clarifies federal jurisdiction to ensure reach cally to exclude men who have suffered do- tion of a batterer without the victim’s con- to battery or violation of specified portions mestic abuse or sexual assaults from receiv- sent when an out-of-state order is registered of protection order before travel to facilitate ing benefits and services under the Violence in a new jurisdiction. Requires recipients of the interstate movement of the victim. Against Women Act. The Act defines such STOP and Pro-Arrest grant funds, as a condi- Makes the nature of the ‘‘harm required for key terms as ‘‘domestic violence’’ and ‘‘sex- tion of funding, to facilitate filing and serv- domestic violence, stalking, and interstate ual assault,’’ which are used to determine ice of protection orders without cost to the travel offenses consistent by removing the eligibility under several of the grant pro- victim in both civil and criminal cases. requirement that the victim suffer actual grams, including the largest, the STOP grant Clarifies that tribal courts have full civil physical harm from those offenses that pre- program, in gender-neutral language. Men jurisdiction to enforce protection orders in viously had required such injury. who have suffered these types of violent at- matters arising within the authority of the Resolves several inconsistencies between tacks are eligible under current law to apply tribe. the protection order offense involving inter- for services and benefits that are funded Sec. 1102. Enhancing the Role of Courts in Com- state travel of the offender, and the protec- under the original Act—and they will remain bating Violence Against Women tion order offense involving interstate travel eligible under the Violence Against Women Engages state courts in fighting violence of the victim. Revises the definition of ‘‘protection Act of 2000—whether it be for shelter space against women by targeting funds to be used order’’ to clarify that support or child cus- under the Family Violence Protection and by the courts for the training and education tody orders are entitled to full faith and Services Act, or counseling by the National of court personnel, technical assistance, and credit to the extent provided under other Domestic Violence Hotline, or legal assist- technological improvements. Amends STOP Federal law—namely, the Parental Kid- ance in obtaining a protection order under and Pro-Arrest grants to make state and naping Prevention Act of 1980, as amended. the Legal Assistance for Victims program. local courts expressly eligible for funding We anticipate that the executive branch Extends the interstate stalking prohibition and dedicates 5 percent of states’ STOP agencies responsible for making grants under to cover interstate ‘‘cyber-stalking’’ that oc- grants for courts. the Act, as amended, will continue to admin- curs by use of the mail or any facility of ister these programs so as to ensure that Sec. 1103. STOP Grants Reauthorization interstate or foreign commerce, such as by men who have been victimized by domestic Reauthorizes through 2005 this vital state telephone or by computer connected to the violence and sexual assault will receive bene- formula grant program that has succeeded in Internet. fits and services under the Act, as appro- bringing police and prosecutors in close col- Sec. 1108. School and Campus Security priate. laboration with victim services providers Extends the authorization through 2005 for We append to this joint statement a sec- into the fight to end violence against the grant program established in the Higher tion by section analysis of the bill and a women. (‘‘STOP’’ means ‘‘Services and Education Amendments of 1998 and adminis- more detailed section by section analysis of Training for Officers and Prosecutors’’). Pre- tered by the Justice Department for grants the provisions contained in Title V. serves the original Act’s allocations of for on-campus security, education, training, Thank you. states’ STOP grant funds of 25 percent to po- and victim services to combat violence Mr. HATCH. Madam President, I ask lice and 25 percent to prosecutors, but in- against women on college campuses. Incor- unanimous consent that two section- creases grants to victim services to 30 per- porates ‘‘dating violence’’ into purpose areas by-section summaries of the Violence cent (from 25 percent), in addition to the 5 for which grants may be used. Amends the percent allocated to state, tribal, and local Against Women Act be printed in the definition of ‘‘victim services’’ to include courts. public, nonprofit organizations acting in a RECORD. Sets aside five percent of total funds avail- There being no objection, the mate- nongovernmental capacity, such as victim able for State and tribal domestic violence services organizations at public universities. rial was ordered to be printed in the and sexual assault coalitions and increases Authorization level is $10 million/year (FY RECORD, as follows: the allocation for Indian tribes to 5 percent 2000 STOP grant appropriation included a $10 DIVISION B, THE VIOLENCE AGAINST WOMEN (up from 4 percent in the original Act). million earmark for this use). ACT OF 2000—SECTION-BY-SECTION SUMMARY Amends the definition of ‘‘underserved Authorizes the Attorney General to make populations’’ and adds additional purpose Sec. 1001. Short Title grants through 2003 to states, units of local areas for which grants may be used. government, and Indian tribes to provide im- Names this division the Violence Against Authorization level is $185 million/year proved security, including the placement and Women Act of 2000. (FY 2000 appropriation was $206.75 million use of metal detectors and other deterrent Sec. 1002. Definitions (including a $28 million earmark for civil measures, at schools and on school grounds. Restates the definitions ‘‘domestic vio- legal assistance)). Authorization level is $30 million/year. lence’’ and ‘‘sexual assault’’ as currently de- Sec. 1104. Pro-Arrest Grants Reauthorization Sec. 1109. Dating Violence fined in the STOP grant program. Extends this discretionary grant program Incorporates ‘‘dating violence’’ into cer- Sec. 1003. Accountability and Oversight through 2005 to develop and strengthen pro- tain purposes areas for which grants may be Requires the Attorney General or Sec- grams and policies that mandate and encour- used under the STOP, Pro-Arrest, and Rural retary of Health and Human Services, as ap- age police officers to arrest abusers who Domestic Violence and Child Abuse Enforce- plicable, to require grantees under any pro- commit acts of violence or violate protection ment grant programs. Defines ‘‘dating vio- gram authorized or reauthorized by this divi- orders. lence’’ as violence committed by a person:

VerDate 11-MAY-2000 02:41 Oct 12, 2000 Jkt 089060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\A11OC6.027 pfrm01 PsN: S11PT1 S10194 CONGRESSIONAL RECORD — SENATE October 11, 2000 (A) who is or has been in a social relation- prosecution of sex crimes and domestic vio- state child custody laws, including custody ship of a romantic or intimate nature with lence crimes. provisions in protection orders, the Parental the victim; and (B) where the existence of Authorization level is $1 million/year (FY Kidnapping Prevention Act of 1980, and the such a relationship shall be determined 1998 appropriation was $1 million). Uniform Child Custody Jurisdiction and En- based on consideration of the following fac- Sec. 1206. Study of State Laws Regarding Insur- forcement Act adopted by the National Con- tors: (i) the length of the relationship; (ii) ance Discrimination Against Victims of Vio- ference of Commissioners on Uniform State the type of relationship; and (iii) the fre- lence Against Women. Laws in July 1997, and the effect of those quency of interaction between the persons Requires the Attorney General to conduct laws on child custody cases in which domes- involved in the relationship. a national study to identify state laws that tic violence is a factor. Amends emergency TITLE II—STRENGTHENING SERVICES TO address insurance discrimination against jurisdiction to cover domestic violence. Authorization level is $200,000. VICTIMS OF VIOLENCE victims of domestic violence and submit rec- Sec. 1201. Legal Assistance to Victims of Domes- ommendations based on that study to Con- TITLE IV—STRENGTHENING EDUCATION & tic Violence and Sexual Assault gress. TRAINING TO COMBAT VIOLENCE AGAINST WOMEN Building on set-asides in past STOP grant Sec. 1207. Study of Workplace Effects from Vio- appropriations since fiscal year 1998 for civil lence Against Women Sec. 1401. Rape Prevention and Education Pro- gram Reauthorization legal assistance, this section authorizes a Requires the Attorney General to conduct separate grant program for those purposes a national survey of programs to assist em- Extends through 2005 this Sexual Assault through 2005. Helps victims of domestic vio- ployers on appropriate responses in the Education and Prevention Grant program; lence, stalking, and sexual assault who need workplace to victims of domestic violence or includes education for college students; pro- legal assistance as a consequence of that vio- sexual assault and submit recommendations vides funding to continue the National Re- lence to obtain access to trained attorneys based on that study to Congress. source Center on Sexual Assault at the Cen- and lay advocacy services, particularly pro ters for Disease Control and Prevention. Sec. 1208. Study of Unemployment Compensa- bono legal services. Grants support training, Authorization level is $80 million/year (FY tion For Victims of Violence Against Women technical assistance, data collection, and 2000 appropriation was $45 million). support for cooperative efforts between vic- Requires the Attorney General to conduct Sec. 1402. Education and Training to End Vio- tim advocacy groups and legal assistance a national study to identify the impact of lence Against and Abuse of Women with providers. state unemployment compensation laws on Disabilities victims of domestic violence when the vic- Defines the term ‘‘legal assistance’’ to in- Establishes a new Justice Department tim’s separation from employment is a di- clude assistance to victims of domestic vio- grant program through 2005 to educate and rect result of the domestic violence, and to lence, stalking, and sexual assault in family, provide technical assistance to providers on submit recommendations based on that immigration, administrative agency, or effective ways to meet the needs of disabled study to Congress. housing matters, protection or stay away women who are victims of domestic violence, order proceedings, and other similar mat- Sec. 1209. Enhancing Protections for Older and sexual assault, and stalking. ters. For purposes of this section, ‘‘adminis- Disabled Women from Domestic Violence Authorization level is $7.5 million/year. trative agency’’ refers to a federal, state, or and Sexual Assault. Sec. 1403. Reauthorization of Community Initia- local governmental agency that provides fi- Adds as new purposes areas to STOP grants tives to Prevent Domestic Violence nancial benefits. and Pro-Arrest grants the development of Reauthorizes through 2005 this grant pro- Sets aside 5 percent of the amounts made policies and initiatives that help in identi- available for programs assisting victims of gram to fund collaborative community fying and addressing the needs of older and projects targeted for the intervention and domestic violence, stalking, and sexual as- disabled women who are victims of domestic sault in Indian country; sets aside 25 percent prevention of domestic violence. violence or sexual assault. Authorization level is $6 million/year (FY of the funds used for direct services, train- Authorizes the Attorney General to make 2000 appropriation was $6 million). ing, and technical assistance for the use of grants for training programs through 2005 to Sec. 1404. Development of Research Agenda victims of sexual assault. assist law enforcement officers, prosecutors, Identified under the Violence Against Appropriation is $40 million/year (FY 2000 and relevant court officers in recognizing, Women Act. STOP grant appropriation included a $28 mil- addressing, investigating, and prosecuting lion earmark for this use). instances of elder abuse, neglect, and exploi- Requires the Attorney General to direct Sec. 1202. Expanded Shelter for Battered Women tation and violence against individuals with the National Institute of Justice, in con- and Their Children disabilities, including domestic violence and sultation with the Bureau of Justice Statis- tics and the National Academy of Sciences, Reauthorizes through 2005 current pro- sexual assault, against older or disabled indi- through its National Research Council, to grams administered by the Department of viduals. develop a plan to implement a research agen- Health and Human Services to help commu- Authorization is $5 million/year. da based on the recommendations in the Na- nities provide shelter to battered women and TITLE III—LIMITING THE EFFECTS OF tional Academy of Sciences report ‘‘Under- their children, with increased funding to pro- VIOLENCE ON CHILDREN standing Violence Against Women,’’ which vide more shelter space to assist the tens of Sec. 1301. Safe Havens for Children Pilot Pro- was produced under a grant awarded under thousands who are being turned away. gram the original Violence Against Women Act. Authorization level is $175 million/year Establishes through 2002 a pilot Justice Authorization is for such sums as may be (FY 2000 appropriation was $101.5 million). Department grant program aimed at reduc- necessary to carry out this section. Sec. 1203. Transitional Housing Assistance for ing the opportunity for domestic violence to Sec. 1405. Standards, Practice, and Training for Victims of Domestic Violence occur during the transfer of children for visi- Sexual Assault Forensic Examinations Authorizes the Department of Health and tation purposes by expanding the avail- Requires the Attorney General to evaluate Human Services to make grants to provide ability of supervised visitation and safe visi- existing standards of training and practice short-term housing assistance and support tation exchange for the children of victims for licensed health care professions per- services to individuals and their dependents of domestic violence, child abuse, sexual as- forming sexual assault forensic examina- who are homeless or in need of transitional sault, or stalking. tions and develop a national recommended housing or other housing assistance as a re- Authorization level is $15 million for each standard for training; to recommend sexual sult of fleeing a situation of domestic vio- year. assault forensic examination training for all lence, and for whom emergency shelter serv- Sec. 1302. Reauthorization of Victims of Child health care students; and to review existing ices are unavailable or insufficient. Abuse Act Grants protocols on sexual assault forensic exami- Authorization level is $25 million for FY Extends through 2005 three grant programs nations and, based on this review, develop a 2001. geared to assist children who are victims of recommended national protocol and estab- Sec. 1204. National Domestic Violence Hotline abuse. These are the court-appointed special lish a mechanism for its nationwide dissemi- Extends through 2005 this grant to meet advocate program, child abuse training for nation. the growing demands on the National Do- judicial personnel and practitioners, and Authorization level is $200,000 for FY 2001. mestic Violence Hotline established under grants for televised testimony of children. Sec. 1406. Education and Training for Judges the original Violence Against Women Act Authorization levels are $12 million/year and Court Personnel. for the special advocate programs, $2.3 mil- due to increased call volume since its incep- Amends the Equal Justice for Women in lion/year for the judicial personnel training tion. the Courts Act of 1994, authorizing $1,500,000 Authorization level is $2 million/year (FY program, and $1 million/year for televised each year through 2005 for grants for edu- 2000 appropriation was $2 million). testimony (FY 2000 appropriations were $10 cation and training for judges and court per- million, $2.3 million, and $1 million respec- Sec. 1205. Federal Victims Counselors Grants sonnel instate courts, and $500,000 each year tively). Reauthorization through 2005 for grants for education and Extends through 2005 this program under Sec. 1303. Report on Parental Kidnapping Laws training for judges and court personnel in which U.S. Attorney offices can hire coun- Requires the Attorney General to study federal courts. Adds three areas of training selors to assist victims and witnesses in and submit recommendations on federal and eligible for grant use.

VerDate 11-MAY-2000 02:41 Oct 12, 2000 Jkt 089060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\A11OC6.016 pfrm01 PsN: S11PT1 October 11, 2000 CONGRESSIONAL RECORD — SENATE S10195 Sec. 1407. Domestic Violence Task Force the necessary prerequisite for immigrating disqualifying acts if those acts were con- Requires the Attorney General to establish to the United States. In the vast majority of nected to the abuse. a task force to coordinate research on do- cases, granting the right to seek the visa to Allows a victim of battery or extreme cru- mestic violence and to report to Congress on the citizen or lawful permanent resident elty who believed himself or herself to be a any overlapping or duplication of efforts spouse makes sense, since the purpose of citizen’s or lawful permanent resident’s among the federal agencies that address do- family immigration visas is to allow U.S. spouse and went through a marriage cere- mestic violence. citizens or lawful permanent residents to mony to file a visa petition as a battered Authorization level is $500,000. live here with their spouses and children. spouse if the marriage was not valid solely But in the unusual case of the abusive rela- on account of the citizen’s or lawful perma- TITLE V—BATTERED IMMIGRANT WOMEN tionship, an abusive citizen or lawful perma- nent resident’s bigamy. Allows a battered Strengthens and refines the protections for nent resident can use control over his or her spouse whose citizen spouse died, whose battered immigrant women in the original spouse’s visa as a means to blackmail and spouse lost citizenship, whose spouse lost Violence Against Women Act. Eliminates a control the spouse. The abusive spouse would lawful permanent residency, or from whom number of ‘‘catch-22’’ policies and unin- do this by withholding a promised visa peti- the battered spouse was divorced to file a tended consequences of subsequent changes tion and then threatening to turn the abused visa petition as an abused spouse within two in immigration law to ensure that domestic spouse in to the immigration authorities if years of the death, loss of citizenship or law- abusers with immigrant victims are brought the abused spouse sought to leave the abuser ful permanent residency, or divorce, pro- to justice and that the battered immigrants or report the abuse. vided that the loss of citizenship, status or Congress sought to help in the original Act VAWA 1994 changed this by allowing immi- divorce was connected to the abuse suffered are able to escape the abuse. grants who demonstrate that they have been by the spouse. Allows a battered spouse to TITLE VI—MISCELLANEOUS battered or subjected to extreme cruelty by naturalize after three years residency as Sec. 1601. Notice Requirements for Sexually Vio- their U.S. citizen or lawful permanent resi- other spouses may do, but without requiring lent Offenders dent spouses to file their own petitions for the battered spouse to live in marital union visas without the cooperation of their abu- with the abusive spouse during that period. Amends the Jacob Wetterling Crimes Allows abused children or children of Against Children and Sexually Violent Of- sive spouse. VAWA 1994 also allowed abused spouses placed in removal proceedings to abused spouses whose petitions were filed fender Registration Act to require sex of- when they were minors to maintain their pe- fenders already required to register in a seek ‘‘cancellation of removal,’’ a form of discretionary relief from removal available titions after they attain age 21, as their cit- State to provide notice, as required under izen or lawful permanent resident parent State law, of each institution of higher edu- to individuals in unlawful immigration sta- tus with strong equities, after three years would be entitled to do on their behalf had cation in that State at which the person is the original petition been filed during the employed, carries on a vocation, or is a stu- rather than the seven ordinarily required. Finally, VAWA 1994 granted similar rights to child’s minority, treating the petition as dent. Requires that state procedures ensure filed on the date of the filing of the original that this registration information is prompt- minor children abused by their citizen or lawful permanent resident parent, whose im- petition for purposes of determining its pri- ly made available to law enforcement agen- ority date. cies with jurisdiction where the institutions migration status, like that of the abused of higher education are located and that it is spouse, would otherwise be dependent on the Sec. 1504. Improved Access to Cancellation of entered into appropriate State records or abusive parent. VAWA 2000 addresses resid- Removal and Suspension of Deportation data systems. These changes take effect 2 ual immigration law obstacles standing in under the Violence Against Women Act of years after enactment. the path of battered immigrant spouses and 1994. Amends the Higher Education Act of 1965 children seeking to free themselves from Clarifies that with respect to battered im- to require institutions of higher education to abusive relationships that either had not migrants, IIRIRA’s rule, enacted in 1996, that issue a statement, in addition to other dis- come to the attention of the drafters of provides that with respect to any applicant closures required under the Act, advising the VAWA 1994 or have arisen since as a result of for cancellation of removal, any absence campus community where law enforcement 1996 changes to immigration law. that exceeds 90 days, or any series of ab- agency information provided by a State con- Sec. 1501. Short Title. sences that exceed 180 days, interrupts con- cerning registered sex offenders may be ob- Names this title the Battered Immigrant tinuous physical presence, does not apply to tained. This change takes effect 2 years after Women Protection Act of 2000. any absence or portion of an absence con- nected to the abuse. Makes this change ret- enactment. Sec. 1502. Findings and Purposes Amends the Family Educational Rights roactive to date of enactment of IIRIRA. Di- and Privacy Act of 1974 to clarify that noth- Lays out as the purpose of the title build- rects Attorney General to parole children of ing in that Act may be construed to prohibit ing on VAWA 1994’s efforts to enable bat- battered immigrants granted cancellation an educational institution from disclosing tered immigrant spouses and children to free until their adjustment of status application information provided to the institution con- themselves of abusive relationships and re- has been acted on, provided the battered im- cerning registered sex offenders; requires the port abuse without fear of immigration law migrant exercises due diligence in filing such Secretary of Education to take appropriate consequences controlled by their abusive cit- an application. steps to notify educational institutions that izen or lawful permanent resident spouse or Sec. 1505. Offering Equal Access to Immigration disclosure of this information is permitted. parent. Protections of the Violence Against Women Sec. 1602. Teen Suicide Prevention Study Sec. 1503. Improved Access to Immigration Pro- Act of 1994 for All Qualified Battered Immi- tections of the Violence Against Women Act grant Self-Petitioners Authorizes a study by the Secretary of of 1994 for Battered Immigrant Women. Health and Human Services of predictors of Grants the Attorney General the authority suicide among at-risk and other youth, and Allows abused spouses and children who to waive certain bars to admissibility or barriers that prevent the youth from receiv- have already demonstrated to the INS that grounds of deportability with respect to bat- ing treatment, to facilitate the development they have been the victims of battery or ex- tered spouses and children. New Attorney of model treatment programs and public edu- treme cruelty by their spouse or parent to General waiver authority granted (1) for cation and awareness efforts. file their own petition for a lawful perma- crimes of domestic violence or stalking Authorization is for such sums as may be nent resident visa without also having to where the spouse or child was not the pri- necessary. show they will suffer ‘‘extreme hardship’’ if mary perpetrator of violence in the relation- forced to leave the U.S., a showing that is ship, the crime did not result in serious bod- Sec. 1603. Decade of Pain Control and Research not required if their citizen or lawful perma- ily injury, and there was a connection be- Designates the calendar decade beginning nent resident spouse or parent files the visa tween the crime and the abuse suffered by January 1, 2001, as the ‘‘Decade of Pain Con- petition on their behalf. Eliminates U.S. the spouse or child; (2) for misrepresenta- trol and Research.’’ residency as a prerequisite for a spouse or tions connected with seeking an immigra- child of a citizen or lawful permanent resi- tion benefit in cases of extreme hardship to TITLE V, THE BATTERED IMMIGRANT WOMEN dent who has been battered in the U.S. or the alien (paralleling the AG’s waiver au- PROTECTION ACT OF 2000—SECTION-BY-SEC- whose spouse is a member of the uniformed thority for spouses and children petitioned TION SUMMARY services or a U.S. government employee to for by their citizen or lawful permanent resi- Title V is designed to improve on efforts file for his or her own visa, since there is no dent spouse or parent in cases of extreme made in VAWA 1994 to prevent immigration U.S. residency prerequisite for non-battered hardship to the spouse or parent); (3) for law from being used by an abusive citizen or spouses’ or children’s visas. Retains current crimes of moral turpitude not constituting lawful permanent resident spouse as a tool law’s special requirement that abused aggravated felonies where the crime was to prevent an abused immigrant spouse form spouses and children filing their own peti- connected to the abuse (similarly paralleling reporting abuse or living the abusive rela- tions (unlike spouses and children for whom the AG’s waiver authority for spouses and tionship. This could happen because gen- their citizen or lawful permanent resident children petitioned for by their spouse or erally speaking, U.S. immigration law gives spouse or parent petitions) demonstrate good parents); (4) for health related grounds of in- citizens and lawful permanent residents the moral character, but modifies it to give the admissibility (also paralleling the AG’s right to petition for their spouses to be Attorney General authority to find good waiver authority for spouses and children pe- granted a permanent resident visa, which is moral character despite certain otherwise titioned for by their spouse or parent); and

VerDate 11-MAY-2000 02:41 Oct 12, 2000 Jkt 089060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\A11OC6.019 pfrm01 PsN: S11PT1 S10196 CONGRESSIONAL RECORD — SENATE October 11, 2000 (5) for unlawful presence after a prior immi- Sec. 1510. Access to the Nicaraguan Adjustment the other State. In such cases, the At- gration violation, if there is a connection be- and Central American Relief Act for Bat- torney General would transfer the Fed- tween the abuse and the alien’s removal, de- tered Spouses and Children eral law enforcement funds from the parture, reentry, or attempted reentry. Provides access to special immigration designated State to the subsequent Clarifies that a battered immigrant’s use of benefits under NACARA to battered spouses State. public benefits specifically made available to and children similarly to the way section 509 battered immigrants in PRWORA does not A State is a designated State and is does with respect to Cuban Adjustment Act. subject to penalty under Aimee’s law if make the immigrant inadmissible on public Sec. 1511. Access to the Haitian Refugee Fair- charge ground. (1) the average term of imprisonment ness Act of 1998 for Battered Spouses and imposed by the State on persons con- Sec. 1506. Restoring Immigration Protections Children victed of the offense for which that per- under the Violence Against Women Act of Provides access to special immigration 1994 benefits under HRIFA to battered spouses son was convicted is less than the aver- Establishes mechanism paralleling mecha- and children similarly to the way section 509 age term of imprisonment imposed for nism available to spouses and children peti- does with respect to Cuban Adjustment Act. that offense in all States; or (2) that tioned for by their spouse or parent to enable Sec. 1512. Access to Services and Legal Rep- person had served less than 85 percent VAWA-qualified battered spouse or child to resentation for Battered Immigrants of the prison term to which he was sen- obtain status as lawful permanent resident Clarifies that Stop grants, Grants to En- tenced for the prior offense. In deter- in the United States rather than having to courage Arrest, Rural VAWA grants, Civil mining the latter factor, if the State go abroad to get a visa. has an indeterminate sentencing sys- Addresses problem created in 1996 for bat- Legal Assistance grants, and Campus grants tered immigrants’ access to cancellation of can be used to provide assistance to battered tem, the lower range of the sentence removal by IIRIRA’s new stop-time rule. immigrants. Allows local battered women’s shall be considered the prison term. That rule was aimed at individuals gaming advocacy organizations, law enforcement or For example, if a person is sentenced to the system to gain access to cancellation of other eligible Stop grants applicants to 10-to-12 years in prison, then the cal- removal. To prevent this, IIRIRA stopped apply for Stop funding to train INS officers culation is whether the person served and immigration judges as well as other law the clock on accruing any time toward con- 85 percent of 10 years. tinuous physical presence at the time INS enforcement officers on the special needs of battered immigrants. The purpose of Aimee’s law is simple: initiates removal proceedings against an in- to increase the term of imprisonment dividual. This section eliminates application Sec. 1513. Protection for Certain Crime Victims Including Victims of Crimes Against Women for murderers, rapists, and child mo- of this rule to battered immigrant spouses lesters. In this respect, Aimee’s law is and children, who, if they are sophisticated Creates new nonimmigrant visa for victims enough about immigration law and has suffi- of certain serious crimes that tend to target similar to the Violent-Offender-and- cient freedom of movement to ‘‘game the vulnerable foreign individuals without immi- Truth-in-Sentencing Program and the system’’, presumably would have filed self- gration status if the victim has suffered sub- Sentencing Reform Act of 1984. Since petitions, and more likely do not even know stantial physical or mental abuse as a result 1995, the Truth-in-Sentencing Program that INS has initiated proceedings against of the crime, the victim has information has provided approximately $600 mil- them because their abusive spouse or parent about the crime, and a law enforcement offi- lion per year to States for prison con- has withheld their mail. To implement this cial or a judge certifies that the victim has struction. In order to receive these change, allows a battered immigrant spouse been helpful, is being helpful, or is likely to funds, States had to adopt truth-in- or child to file a motion to reopen removal be helpful in investigating or prosecuting the proceedings within 1 year of the entry of an crime. The crime must involve rape, torture, sentencing laws that require violent order of removal (which deadline may be trafficking, incest, sexual assault, domestic criminals to serve at least 85 percent of waived in the Attorney General’s discretion violence, abusive sexual contact, prostitu- their sentences. As a result of such sen- if the Attorney General finds extraordinary tion, sexual exploitation, female genital mu- tencing reforms, the average time circumstances or extreme hardship to the tilation, being held hostage, peonage, invol- served by violent criminals in State alien’s child) provided the alien files a com- untary servitude, slave trade, kidnapping, prisons increased more than 12 percent plete application to be classified as VAWA- abduction, unlawful criminal restraint, false since 1993. Similarly, the Sentencing eligible at the time the alien files the re- imprisonment, blackmail, extortion, man- Reform Act of 1984 created the Federal opening motion. slaughter, murder, felonious assault, witness sentencing guidelines and increased Sec. 1507. Remedying Problems with Implemen- tampering, obstruction of justice, perjury, attempt or conspiracy to commit any of the sentences for Federal inmates. I am tation of the Immigration Provisions of the proud to have supported both of these Violence Against Women Act of 1994 above, or other similar conduct in violation initiatives to increase prison terms for Clarifies that negative changes of immi- of Federal, State, or local criminal law. Caps gration status of abuser or divorce after visas at 10,000 per fiscal year. Allows Attor- violent and repeat offenders. abused spouse and child file petition under ney General to adjust these individuals to Some will say that Aimee’s law vio- VAWA have no effect on status of abused lawful permanent resident status if the alien lates the principles of federalism, and spouse or child. Reclassifies abused spouse or has been present for 3 years and the Attor- in many respects, I am sympathetic to child as spouse or child of citizen if abuser ney General determines this is justified on these arguments. However, I would becomes citizen notwithstanding divorce or humanitarian grounds, to promote family note that Aimee’s law does not create unity, or is otherwise in the public interest. termination of parental rights (so as not to any new Federal crimes, nor does it ex- create incentive for abuse victim to delay Mr. HATCH. The sex trafficking con- pand Federal jurisdiction into State leaving abusive situation on account of po- ference report also contains legislation and local matters. Instead, this law tential future improved immigration status known as ‘‘Aimee’s law.’’ The purpose uses Federal law enforcement assist- of abuser). Clarifies that remarriage has no of Aimee’s law is to encourage States ance funds to encourage States to in- effect on pending VAWA immigration peti- to keep murderers, rapists, and child tion. carcerate criminals convicted of mur- molesters incarcerated for long prison der, rape, and dangerous sexual of- Sec. 1508. Technical Correction to Qualified terms. Last year, a similar version of Alien Definition for Battered Immigrants fenses for adequate prison terms. Aimee’s law passed the Senate 81 to 17, Makes technical change of description of In conclusion, I would like to ac- battered aliens allowed to access certain and Aimee’s law passed the House of knowledge the efforts of Senator public benefits so as to use correct pre- Representatives 412 to 15. SANTORUM. He has been a tireless IIRIRA name for equitable relief from depor- This legislation withholds Federal champion of Aimee’s law. Without his tation/removal (‘‘suspension of deportation’’ funds from certain States that fail to leadership, Aimee’s law would not have rather than ‘‘cancellation of removal’’) for incarcerate criminals convicted of been included in the sex trafficking pre-IIRIRA cases. murder, rape, and dangerous sexual of- conference report. The State of Penn- Sec. 1509. Access to Cuban Adjustment Act for fenses for adequate prison terms. sylvania should be proud to have such Battered Immigrant Spouses and Children Aimee’s law operates as follows: In an able and energetic Senator. Allows battered spouses and children to ac- cases in which a State convicts a per- My friend and colleague, the distin- cess special immigration benefits available son of murder, rape, or a dangerous guished ranking member of the Judici- under Cuban Adjustment Act to other sexual offense, and that person has a ary Committee, has expressed frustra- spouses and children of Cubans on the basis prior conviction for any one of those of the same showing of battery or extreme tion with certain legislative items cruelty they would have to make as VAWA offenses in a designated State, the des- being added to the sex trafficking con- self-petitioners; relatives them of Cuban Ad- ignated State must pay, from Federal ference report. I respect him for voic- justment Act showing that they are residing law enforcement assistance funds, the ing his concerns. I too would have pre- with their spouse/parent. incarceration and prosecution cost of ferred to have each of the measures

VerDate 11-MAY-2000 02:41 Oct 12, 2000 Jkt 089060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\A11OC6.021 pfrm01 PsN: S11PT1 October 11, 2000 CONGRESSIONAL RECORD — SENATE S10197 that were included in this sex traf- on both sides of the aisle and in both fraud and have a claim to the tax rev- ficking conference report considered on the Senate and the House of Represent- enue generated by the sale of such their own. But we have witnessed, dur- atives. goods. And of the utmost importance, ing this session of Congress, dilatory Originally passed by the Senate as an States need to ensure that minors are procedural maneuvering of the like I amendment by Senator BYRD to the not provided with unfettered access to have never witnessed before in the Sen- Juvenile Justice bill, S. 254, on a lop- alcohol. Unfortunately, indiscriminate ate. sided vote of 80–17 on May 18, 1999, a re- direct sales of alcohol circumvent this Several bills which have passed both vised version of S. 577 bill passed out of State right. the House and the Senate are being the Judiciary Committee on a 17–1 vote Let me emphasize that there are held up with threats to filibuster the on March 2, 2000. As of the time of final many companies engaged in the direct appointment of conferees. Motions to passage, there were 23 cosponsors of interstate shipment of alcohol who do proceed to legislation are routinely ob- the bill in the Senate—12 Republicans not violate State laws. In fact, many of jected to. As chairman of the Judiciary and 11 Democrats. Committee, I was not even given the In the House, the companion legisla- these concerns look beyond their own courtesy of being told that there was a tion to S. 577, H.R. 2031, sponsored by interests and make diligent efforts to Democratic hold on my interstate alco- my friend from Florida, Representative disseminate information to others to ensure that State laws are understood hol bill until after I sought to include JOE SCARBOROUGH, passed the House it in the sex trafficking conference re- initially by a vote of 310–112 on August and complied with by all within the port. The public even witnessed the 3, 1999. H.R. 2031 was backed by a coali- interstate industry. This legislation spectacle of the minority joining with tion of 45 cosponsors in the House. only reaches those that violate the the majority to limit debate on, and What is included in the conference law. the amendments to, the Hatch H–1B report is the version of S. 577 as passed Now, I would like to say a few words bill and then turning around to repeat- by the Judiciary Committee in March. on the history of this issue. As many of edly try to add non-relevant amend- It is important to note that the legisla- my colleagues know, debate over the ments to the bill in clear violation of tion, as revised with some amendments control of the distribution of beverage the Senate rules. in the Committee to address both the alcohol has been raging for as long as Just so the record is clear, there has Wine Institute’s and the American this country has existed. Prior to 1933, been—and continues to be—an effort on Vintners Association’s concerns, even every time individuals or legislative the part of the minority to tie the Sen- got the support of Senators FEINSTEIN bodies engaged in efforts to control the ate up in procedural knots and then ac- and SCHUMER, the two most vocal early flow and consumption of alcohol, cuse the majority of being unable to opponents of the legislation. We whether by moral persuasion, legisla- govern. That is their right under the worked hard with representatives of tion or ‘‘Prohibition,’’ others were rules. I do not recall engaging in simi- the wineries on language to further equally determined to repeal, cir- lar tactics when Republicans were in clarify that this bill does not, even un- cumvent or ignore those barriers. The the minority but I am confident there intentionally, somehow change the bal- passage of state empowering federal are instances where one could accuse of ancing test employed by the Courts in legislation such as the Webb-Kenyon having engaged in similar dilatory tac- reviewing State liquor laws. We were Act and the Wilson Act were not suffi- tics. But, I believe we eventually able to reach agreement and incor- cient, in and of themselves, to provide reached the point where our fidelity to porated those changes in the bill. The states with the power they needed to the institution and our oaths of office Wine Institute and the Vintners Asso- control the distribution of alcohol in transcended the short-term interests of ciation both have written us that they the face of commerce clause chal- ballot box legislating. are no longer oppose the legislation. lenges. It took the passage of a con- The Senate has previously passed the Let me get to the substance of the stitutional amendment—and the re-en- interstate alcohol bill and the Aimee’s legislation, the purpose behind it and actment of the Webb-Kenyon Act in law legislation by overwhelming votes. the history of this issue—both legisla- 1935—to give states the power they Ironically, the one piece of legislation tive and constitutional. I think it is needed to control the importation of included in this bill which my col- important to fully understand this his- alcohol across their borders. tory to appreciate this legislation. leagues on the other side of the aisle do The Twenty-First Amendment was not object to having been added is the The simple purpose of this bill is to provide a mechanism to enable States ratified in 1933. That amendment ceded Violence Against Women Act. This leg- to the States the right to regulate the islation has not been considered by the to effectively enforce their laws against the illegal interstate shipment importation and transportation of al- Senate, although I am confident had it coholic beverages across their borders. been, it would have passed overwhelm- of alcoholic beverages. Interstate ship- ments of alcohol directly to consumers By virtue of that grant of authority, ingly. each State created its own unique reg- In short, no one respects the rules of have been increasing exponentially— ulatory scheme to control the flow of the Senate more than me, In the end, I and, while I certainly believe that alcohol. Some set up ‘‘State stores’’ to hope the minority will rethink its tired interstate commerce should be encour- effectuate control of the shipment into, and belabored efforts to prevent the aged, and while I do not want small and dissemination of alcohol within, Senate from doing the public’s work. businesses stifled by unnecessary or their State. Others refrained from di- Then we can adjourn and return to our overly burdensome and complex regu- rect control of the product, but set up respective states where the intervening lations, I do not subscribe to the no- other systems designed to monitor the adjournment can be spent with the real tion that purveyors of alcohol are free shipments and ensure compliance with people of America—the workers, the to avoid State laws which are con- its laws. But whatever the type of teachers, and students—instead of the sistent with the power bestowed upon State system enacted, the purpose was pollsters and spin doctors which seem them by the Constitution. Unfortu- much the same: to protect its citizens to be of paramount attention to too nately, that is exactly want is hap- and ensure that its laws were obeyed. many of my colleagues. pening, and that is what this legisla- Mr. President, today I am pleased by tion will address. With passage of the ‘‘Twenty-First the likely passage tonight of S. 577, the All States, including the State of Amendment Enforcement Act,’’ the Twenty-First Amendment Enforcement Utah, need to be able to address the States will be empowered to fight ille- Act. Originally introduced on March 10, sale and shipment of liquor into their gal sales of alcohol—let me emphasize 1999, this legislation provides a mecha- State consistent with the Constitution. illegal. This legislation is particularly nism that will finally enable states to As my colleagues know, the Twenty well-timed in that it comes on the effectively enforce their laws prohib- First Amendment ceded to the States heels of a powerful opinion uphold iting the illegal interstate shipment of the right to regulate the importation state rights under the 21st Amendment beverage alcohol. and transportation of alcoholic bev- in the case of Bridenbaugh v. Freeman- At the outset, I should note that S. erages across their borders. States need Wilson, by respected jurist Frank 577 has enjoyed overwhelming support to protect their citizens from consumer Easterbrook and the Seventh Circuit

VerDate 11-MAY-2000 02:41 Oct 12, 2000 Jkt 089060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\A11OC6.029 pfrm01 PsN: S11PT1 S10198 CONGRESSIONAL RECORD — SENATE October 11, 2000 Court of Appeals. In an opinion uphold- or individual alleged to have violated stating that this legislation ‘‘shall be ing a state’s right to regulate the im- the State’s laws. The bill: construed only to extend the jurisdic- portation of alcohol and prohibit ille- 1. Assures defendants of due process tion of Federal courts in connection gal sales, Judge Easterbrook cogently by requiring that no injunctions may with State law that is a valid exercise articulated the role of the 21st Amend- be granted without notice to the de- of power invested in the States’’ under ment in the Constitutional framework: fendants or an opportunity to be heard; the Twenty-First Amendment as that . . . the twenty-first amendment did not 2. Assures defendants of due process Amendment has been interpreted by return the Constitution to its pre-1919 form. by requiring that no preliminary in- the U.S. Supreme Court ‘‘including in- Section 2 . . . closes the loophole left by the junction may be issued without prov- terpretations in conjunction with other dormant commerce clause, . . . No longer ing: (a) irreparable injury, and (b) a provisions of the Constitution.’’ This may the dormant commerce clause be read probability of success on the merits; bill is not to be construed as granting to protect interstate shipments of liquor 3. Clarifies that injunctive relief only from regulation; sec. 2 speaks directly to the States any additional power be- may be obtained—no damages, attor- yond that. these shipments . . . No decision of the Su- neys fees or other costs—may be preme Court holds or implies that laws lim- Consequently, the state power vested ited to the importation of liquor are prob- awarded; under the Twenty-First Amendment, lematic under the dormant commerce clause. 4. Assures that cases brought are as I have discussed above, is appro- truly interstate/federal in character by Some who would seek to avoid state priately interpreted with and against clarifying that in-state licensees and and federal laws have erroneously com- other rights and privileges protected other authorized in-state purveyors, plained that S. 577 will allow states to by the Constitution, as the Supreme readily amenable to state proceedings, Court does in every case. It should also enforce discriminatory state laws. may not be subjected to federal injunc- be made clear that by enacting S. 577, These complaints are without merit. In tive actions; actuality, failure to pass this bill 5. Allows actions only against those we are not passing on the advisability would have had the effect of discrimi- who have violated or are currently vio- or legal validity of the various state nating against in-state distributors by lating state laws regulating the impor- laws regulating alcoholic beverages, effectively giving out-of-state distribu- tation or transportation of intoxi- which continue to be litigated in the tors de facto immunity from state reg- cating; courts, and should appropriately be a ulation. Congress and the Constitution 6. Notes that evidence from an earlier matter for the courts to decide. have recognized that States have a le- hearing on a request for a preliminary COLLOQUY ON 21ST AMENDMENT ENFORCEMENT gitimate interest in being able to con- injunction—but from no other state or ACT trol the interstate distribution of alco- federal proceedings, may be used in Mrs. BOXER. Madam President, I hol on the same terms and conditions subsequent hearings seeking a perma- have strong misgivings about one part as they are able to control in-state dis- nent injunction—conserving court re- of the conference report we are about tribution. As Judge Easterbrook point- sources but protecting a defendant’s to consider. The provisions relating to ed out: right to confront the evidence against interstate sales of alcoholic beverages, Indeed, all ‘‘importation’’ involves ship- him; known as the 21st Amendment Enforce- ments from another state or nation. Every 7. Ensures that S. 577 may not be con- ment Act, would dramatically reduce use of sec. 2 could be called ‘‘discriminatory’’ strued to interfere with or otherwise the ability of small wineries in my in the sense that plaintiffs use that term, be- modify the Internet Tax Freedom Act; state to market their products across cause every statute limiting importation 8. Provides for venue where the viola- the country. leaves intrastate commerce unaffected. If tion actually occurs—in the state into These wineries are small, inde- that were the sort of discrimination that lies pendent, often family-owned, oper- outside state power, then sec. 2 would be a which the alcohol is illegally shipped. dead letter. . . . Congress adopted the Webb- 9. Protects innocent interactive com- ations. They are the ‘‘little guys’’ in Kenyon Act, and later proposed sec. 2 of the puter services (ICS’s) and electronic the winemaking industry. They need to twenty-first amendment, precisely to rem- communications services (ECS’s) from sell their products directly to con- edy this reverse discrimination and make al- the threat of injunctive actions as a re- sumers around the country, and the cohol from every source equally amenable to sult of the use of those services by oth- Internet, especially, holds great prom- state regulation. ers to illegally sell alcohol; ise for their future economic success. That is exactly what S. 577 accom- 10. Prohibits injunctive actions in- Already, some of them have been plishes. It simply ensures that all busi- volving the advertising or marketing hurt by state laws banning interstate nesses, both in-state and out-of-state, (but not the sale, transportation or im- sales of wine. The Matanzas Greek are held accountable to the same valid portation) of alcohol where such adver- Winery in Sonoma County estimates laws of the state of delivery. tising or marketing would be lawful in that it is turning away around $8,000 a It is important to note that the the jurisdiction from which the adver- month in direct sales from consumers Webb-Kenyon Act already prohibited tising originates; who had visited the winery and hoped the interstate shipment of alcohol in 11. Requires that laws sought to be to place orders from their homes in violation of state law. Unfortunately, enforced by the states under S. 577 be other states. that general prohibition lacked an ap- valid exercises of authority conferred I am very concerned that the 21st propriate enforcement mechanism, upon the states by the 21st Amendment Amendment Enforcement Act will thus thwarting the states’ ability to and the Webb-Kenyon Act. make it even more difficult for these enforce their laws—those same laws Madam President, contrary to some ‘‘little guys’’ to compete in the wine they enacted pursuant to valid Con- of the erroneous claims of some in the business. stitutional authority under the Twen- narrow opposition, I want to reempha- I would like to ask the distinguished ty-First Amendment—in state court size that S. 577 is intended to assist the chairman of the Judiciary Committee, proceedings through jurisdictional states in the enforcement of constitu- Senator HATCH, whether he would con- roadblocks. The legislation passed tionally-valid state liquor laws by pro- sider the impact of this legislation on today removes that impediment to viding them with a federal court my small wineries. Would the senator state enforcement by simply providing forum. We are not stopping Internet or be willing, after the legislation has the Attorney General of a State, who for that matter, any, legal sales of al- been on the books for a year or so, the has reasonable cause to believe that his cohol. Indeed, there is no objection to review its impact on small wineries or her State laws regulating the impor- this legislation by a host of companies and to work with me to make such tation and transportation of alcohol who sell wine over the Internet, such amendments as are necessary to take are being violated, with the ability to as Vineyards. The sole remedy avail- care of them? file an action in federal court for an in- able under the bill is injunctive relief— Mr. HATCH. Madam President, I junction to stop those illegal ship- that is, no damages, no civil fines, and would be happy to consider this issue ments. no criminal penalties may be imposed after next year and examine the legis- This bill is balanced to ensure due solely as a result of this legislation. lation’s impact on small wineries. I re- process and fairness to both the State We specifically included rules of con- spect my colleagues from California’s bringing the action and the company struction language in subsection 2(e) commitment to their constituents. I

VerDate 11-MAY-2000 02:41 Oct 12, 2000 Jkt 089060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\G11OC6.094 pfrm01 PsN: S11PT1 October 11, 2000 CONGRESSIONAL RECORD — SENATE S10199 must reemphasize, however, that this AIMEE’S LAW vote of 415 to 3. I am pleased that this legislation does nothing to hurt the so- Mr. SANTORUM. Madam President, I important legislation is included in the called small wineries in competing or rise in strong support of the Traf- Sex Trafficking conference report marketing their products in the wine ficking Victims Protection Act con- which passed the House of Representa- business. I worked hard for over a year ference report, H.R. 3244, which in addi- tives on October 6 by a 371–1 vote mar- with the wine industry to ensure that tion to seeking to end the trafficking gin. the legislation does not have any unin- of women and children into the inter- The reauthorization legislation also tended consequences, and want to reas- national sex trade, slavery and force creates new initiatives including tran- sure my colleague from California that labor also includes major provisions re- sitional housing for victims of vio- the version of the legislation that is in- authorizing the Violence Against lence, a pilot program aimed at pro- cluded in the conference report incor- Women Act, providing justice for vic- tecting children during visits with par- porates revisions made in the com- tims of terrorism, and Aimee’s law. ents accused of domestic violence, and One of the most disturbing human mittee to address both the Wine Insti- protections for elderly, disabled, and rights violations of our time is traf- tute’s and the American Vintners Asso- immigrant women. The bill also would ficking of human beings, particularly ciation’s concerns. We also included provide grants to reduce violent crimes that of women and children, for pur- language to further clarify that this against women on campus and extend poses of sexual exploitation and forced bill does not, even unintentionally, the Violent Crime Reduction Trust labor. Every year, the trafficking of somehow change the balancing test Fund. It authorizes over $3 billion over human beings for the sex trade affects employed by the courts in reviewing five years for the grant programs. As a hundreds of thousands of women state liquor laws. I should also not that Member of the House of Representa- throughout the world. Women and chil- the Wine Institute and the Vintners tives in the 103rd Congress, I supported dren whose lives have been disrupted Association, as well as numerous Inter- H.R. 1133, the original Violence Against by economic collapse, civil wars, or net commerce companies, have written Women Act, offered by Representative fundamental changes in political geog- us that they no longer oppose the legis- Pat Schroeder of Colorado. Since raphy have fallen prey to traffickers. lation. FY1995, VAWA has been a major source According to the Department of State, The simple purpose of this bill is to of funding for programs to reduce rape, approximately 1-2 million women and provide a mechanism to enable States stalking, and domestic violence. I am girls are trafficked annually around to effectively enforce their laws also very pleased that my own legisla- the world. against the illegal interstate shipment tion to strengthen incentives for vio- I commend Senator SAM BROWNBACK of alcoholic beverages. I hope the dis- lent criminals, including rapists and and Senator PAUL WELLSTONE for their tinguished Senator from California child molesters, to remain in prison bipartisan leadership on the Inter- knows that while I certainly believe and hold states accountable is included national Trafficking of Women and that interstate commerce should be en- in the conference report. Children Victim Protection Act. The couraged, and while I do not want bill specifically defines ‘‘trafficking’’ Aimee’s law was prompted by the small businesses stifled by unnecessary as the use of deception, coercion, debt tragic death of a college senior Aimee or overly burdensome and complex reg- bondage, the threat of force, or the Willard who was from Brookhaven, ulations, I do not subscribe to the no- abuse of authority to recruit, trans- Pennsylvania near Philadelphia. Ar- tion that purveyors of alcohol are free port, purchase, sell, or harbor a person thur Bomar, a convicted murderer was to avoid State laws which are con- for the purpose of placing or holding early paroled from a Nevada prison. sistent with the power bestowed upon such person, whether for pay or not, in Even after he had assaulted a woman them by the Constitution—and I should involuntary servitude or slavery-like in prison, Nevada released him early. add that I don’t think that Senator conditions. Using this definition, the Bomar traveled to Pennsylvania where BOXER subscribes to that notion either. legislation establishes within the De- he found Aimee. He kidnapped, bru- Let me emphasize that there are partment of State an Interagency Task tally raped, and murdered Aimee. He many companies engaged in the direct Force to Monitor and Combat Traf- was prosecuted a second time for mur- interstate shipment of alcohol who do ficking. The Task Force would assist der for this heinous crime in Delaware not violate State laws. In fact, many of the Secretary of State in reporting to County, PA. Aimee’s mother, Gail Wil- these concerns look beyond their own Congress the efforts of the United lard, has become a tireless advocate for interests and make diligent efforts to States government to fight trafficking victims’ rights and serves as an inspi- disseminate information to others to and assist victims of this human rights ration to me and countless others. ensure that State laws are understood abuse. In addition, the bill would This important legislation would use and complied with by all within the amend the Immigration and Nation- federal crime fighting funds to create interstate industry. This legislation ality Act to provide for a non-immi- an incentive for states to adopt stricter only reaches those that violate the grant classification for trafficking vic- sentencing and truth-in-sentencing law, and only allows the attorney gen- tims in order to better assist the vic- laws by holding states financially ac- eral of a state to go to Federal court to tims of this crime. countable for the tragic consequences enforce its laws. It is just a jurisdic- Senator ORRIN HATCH and Senator of an early release which results in a tional legislation and does not allow or JOE BIDEN introduced S. 2787, the Vio- violent crime being perpetrated on the prohibit any sales or marketing by any lence Against Women Act. This bipar- citizens of another state. Specifically, winery, large or small. tisan bill would reauthorize federal Aimee’s law will redirect enough fed- Having said that, I do hear the con- programs which have recently expired eral crime fighting dollars from a state cerns by Senator BOXER and am willing for another five years to prevent vio- that has released early a murderer, to consider the impact of this legisla- lence against women. It seeks to rapist, or child molester to pay the tion after the law has been on the strengthen law enforcement to reduce prosecutorial and incarceration costs books for a year or so, as my colleague these acts of violence, provide services incurred by a state which has had to has asked. I look forward to working to victims, strengthen education and reconvict this released felon for a simi- with her to insure that this legislation training to combat violence against lar heinous crime. More than 14,000 does not harm small wineries which women and limit the effects of violence murders, rapes, and sexual assaults on comply with the law. on children. I am an original cosponsor children are committed each year by Mrs. BOXER. I thank the Senator for of this important legislation which has felons who have been released after his interest and concern, and for his been endorsed by the National Associa- serving a sentence for one of those very commitment to review the impact of tion of Attorneys General, the Na- same crimes. Convicted murderers, the 21st Amendment Enforcement Act tional Governor’s Association, and the rapists, and child molesters who are re- on small wineries in the future. American Medical Society. On Sep- leased from prisons and cross state Mr. HATCH. Madam President, I tember 26, the House of Representa- lines are responsible for sexual assaults yield the remainder of my time to the tives passed its version of the Violence on more than 1,200 people annually, in- Senator from Pennsylvania. Against Women Act, H.R. 1248, by a cluding 935 children.

VerDate 11-MAY-2000 03:59 Oct 12, 2000 Jkt 089060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\A11OC6.033 pfrm01 PsN: S11PT1 S10200 CONGRESSIONAL RECORD — SENATE October 11, 2000 Recidivism rates for sexual predators tions: utilizing the definitions for mur- ture, so it seemed only natural and right to are the highest of any category of vio- der and rape of part I of the Uniform believe that she would live well into old age. lent crime. Despite this, the average Crime Reports of the FBI and for dan- Never one to complain when things didn’t go gerous sexual offenses utilizing the her way, Aimee always worked and played to time served for rape is only five and the best of her ability, happy with her suc- one half years, and the average time definitions of chapter 109A of title 18- cesses, taking her failure in stride. Aimee served for sexual assault is under four to provide for uniform comparisons lived and loved well. She never harmed any- years. Also troubling is the fact that across the states; (2) Sentencing Com- one; in fact, Aimee rarely ever spoke ill of thirteen percent of convicted rapists parisons: Eliminating the additional 10 anyone. She was almost too good to be true. receive no jail time at all. We have percent requirement and utilizing a na- On June 20, 1996, at age twenty-two years more than 130,000 convicted sex offend- tional average for sentencing only as a and twelve days. Aimee was robbed of her ers right now living in our commu- benchmark; (3) Study: Also building life, and our family was robbed of the joy and love and innocent simplicity that were nities because of the leniency of these into the process a study evaluating the Aimee’s special gift to us. We will never be systems. The average time served for implementation and effect of Aimee’s the same. There is an ache deep within each homicide is just eight years. Under Law in 2006; (4) Source of Funds: Pro- one of us—and ache that cries out, ‘‘Why Aimee’s law, federal crime fighting vides states the flexibility to choose God? Why?’’ funds are used to create an incentive the source of federal law enforcement ‘‘Just Do It’’ was Aimee’s motto. She never for states to adopt stricter sentencing assistance funds (except for crime vic- worried about what she could not do well; she put her energy into doing what she could and truth-in-sentencing laws. tim assistance funds); (5) Implementa- do well. In athletics, Aimee took her God- This legislation is endorsed by Gail tion: Delays the implementation of given talents and worked them to perfection. Willard, Aimee’s mother, Marc Klass, Aimee’s Law to January 1, 2002 to For college Aimee accepted a scholarship to Fred Goldman, and numerous organiza- allow states the opportunity to make play soccer for George Mason University in tions such the National Fraternal any modifications that they would Fairfax, Virginia. In her sophomore year, she Order of Police, the National Rifle As- choose to do; and (6) Indeterminate joined the lacrosse team. A two sport Divi- sociation, and the Law Enforcement Sentencing States: Safe harbor for sion 1 athlete, Aimee was on her way to be- Alliance of America. 39 victims’ rights states with sentencing ranges allows coming a legend at George Mason Univer- sity. In the spring of 1996, the spring before organizations also support Aimee’s law for the use of the lower number in the she was murdered, Aimee led her lacrosse including Justice For All, the National calculation (e.g. if sentencing guideline conference, scoring fifty goals with twenty- Association of Crime Victims’ Rights, is 10–15 years, 10 years will be utilized.) nine assists. In fact, 1995–96 was a banner the Women’s Coalition, and Kids Safe. We are sending a clear message with year for Aimee. She was named to the Colo- These groups consider Aimee’s law one Aimee’s law. We want tougher sen- nial Athletic Association All-Conference of their highest priority bills. It sends tences and we want truth in sen- Team in both soccer and lacrosse, and to the a message that if a state has very le- tencing. A child molester who receives All-American team for the Southeast region in lacrosse. nient sentencing it impacts other four years in prison, when you consider Aimee’s athletic success is only part of her states and crime victims in those the recidivism rate, is an abomination. glory. Her friends describe her as a quiet states as well. Murders, rapists, and child molesters presence, a fun-loving kid, a good listener, a I first offered Aimee’s law as an do not deserve early release; our citi- loyal friend. They used words like shy, mod- amendment to the juvenile justice bill zens deserve to be protected. In this est, kind, strong, focused, intense, caring, on May 19, 1999, which passed the Sen- legislation we are protecting one sharing and loving when they speak about ate by a 81–17 vote margin. Congress- state’s citizens from the complacency Aimee. They tell of Aimee’s magic with peo- man MATT SALMON also offered the leg- of another state, and appropriate role ple. So that you will understand the impact islation as an amendment in the House her murder had on them, I want to share an for the federal government. I want to excerpt from a letter one of her friends wrote of Representatives on June 16, 1999, thank my colleagues for their support to me. which passed by a 412–15 vote. Due to a and urge the passage of this legisla- ‘‘For the past few weeks my heart has been lack of progress on the conference re- tion. breaking for all of us in our devastating loss, port it became necessary to move the Madam President, I ask unanimous but more recently I think my heart has been legislation separately. On May 11, I consent that the statement of Gail Wil- hurting a bit more for those who will never joined Aimee’s mother Gail at a hear- lard be printed in the RECORD, along get the chance to know the woman who ing of the U.S. House Subcommittee on with the list of endorsements. played two Division 1 sports, making the all- There being no objection, the mate- conference teams in both, and All-American Crime, to urge the House to approve in one. They will never meet the girl who legislation separately to keep sexual rial was ordered to be printed in the was always being named ‘Athlete of the predators behind bars. The House of RECORD, as follows: Week’ and had no idea that she was half the Representatives subsequently passed TESTIMONY OF GAIL WILLARD BEFORE THE time. These people will never get the chance the legislation again by a unanimous CRIME SUBCOMMITTEE to argue with her over things like Nike vs. voice vote. It has been one thousand four hundred Adidas, Bubblicious vs. Bubble Yum, Coke Aimee’s law is an appropriate way to twenty one days since Aimee’s murder. This vs. Cherry Coke, or whether certain profes- protect the citizens of one state from nightmare began on June 20, 1996. At 4:45 sional athletes were over-rated. I am one of inappropriate early releases of another AM, I was awakened by a phone call—some- the fortunate ones. I have volumes of thing every parent dreads and hopes will Aimee’s memories. I know the beauty of state. One of the forty plus national or- never happen to them. I was told that the po- those big blue eyes under a low brim of a ganizations supporting Aimee’s law, lice had found my car on the ramp of a major Nike hat. I know the carefree serenity that the National Fraternal Order of Police, highway. The car engine was running; the gave birth to the goofy laugh. I witnessed said the following. driver’s side door was open; the headlights her grace with grit, her passion with pa- One of the most frustrating aspects of law were on; the radio was playing loudly; and tience, her pride without arrogance, her enforcement is seeing the guilty go free and, there was blood in front of and next to the speed without exhaustion, and her sweat once free, commit another heinous crime. car. Who was the driver? Where was the driv- that was enough to start an ocean. If I was Lives can be saved and tragedies averted if er? That night, my beautiful twenty-two given the opportunity to trade in all my we have the will to keep these predators year old daughter, Aimee, had my car. She present pain in exchange for never being able locked up. Aimee’s Law addresses this issue had gone to a reunion with high school to say, ‘Aimee was my teammate; Aimee was smartly, with Federalizing crimes and with- friends, and now she was missing. Late that my friend,’ I’d stick with the pain. The mem- out infringing on the State and local respon- afternoon Aimee’s body was found in a trash- ory of her is so wonderful.’’ sibilities of local law enforcement by pro- strewn lot in the ‘‘badlands’’ of North Phila- It is impossible to adequately describe the viding accountability and responsibility to delphia. She had been raped and beaten to impact of Aimee’s murder on the countless States who release their murders, rapists, death. people who knew her and loved her. We are and child molesters to prey again on the in- Aimee was a wonder, a delight, a brilliant all trying to survive the pain and emptiness nocent. light in my life. With dancing blue eyes and of this great loss. How often I turn to tell We have made several modest a bright, beautiful smile, she drew everyone Aimee something silly or dumb when I’m who knew her into the web of her life. She watching one of our favorite television changes to address implementation would light up a room just by walking into shows, or a basketball or football game, but concerns by the states in the effort to it. She could run like the wind, and she en- she isn’t there. I’m out shopping and I say, achieve the best protection possible for joyed the game—every game. She had friends ‘‘Aimee would look great in that outfit. I’ll our citizens. These include (1) Defini- and talents and dreams for a spectacular fu- buy if for her.’’ But Aimee will never wear a

VerDate 11-MAY-2000 02:41 Oct 12, 2000 Jkt 089060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\A11OC6.035 pfrm01 PsN: S11PT1 October 11, 2000 CONGRESSIONAL RECORD — SENATE S10201 new outfit again. I will never have the joy of tinuing to murder. If this law is passed, our Parents of Murdered Children, Cincinnati, holding Aimee in my arms again, or of seeing streets will be a little safer, some families Ohio. her sparkling blue eyes, freckled nose and will be spared the heartache we have suf- Parole Watch, New York, New York. bright smile. I will never know the children fered, and Aimee Willard’s name, not the Phoenix Law Enforcement Association, Aimee dreamed of having, or the children name of her killer, will be remembered for- Phoenix, Arizona. Aimee dreamed of coaching. ever. Please remember that Aimee has no Protect Our Children, Cocoa, Florida. I do have wonderful memories of Aimee. second chance at life. Security On Campus, Inc., King of Prussia, Her life was wrapped in my love, and mine Thank you. Pennsylvania. was wrapped in her love. Because of evil in- Speak Out for Stephanie (S.O.S.), Overland Park, Kansas. carnate in Arthur Bomar, I now also have AIMEE’S LAW Survivor Connections, Inc., Cranston, horrible nightmares of the fear, the absolute Protects Americans from convicted mur- Rhode Island. terror, Aimee must have known, and of the ders, rapists, and child molesters by requir- Survivors and Victims Empowered dreadful pain she was forced to endure. I who ing states to pay the costs of prosecution and (S.A.V.E.), Lancaster, Pennsylvania. had been with Aimee in every facet of her incarceration for a previously convicted Survivors of Homicide, Inc., Albuquerque, life, every event big and small, was not there criminal who travels to another state and New Mexico. to protect her from the fear and the pain. I commits a similar violent crime. The pay- Victims of Crime and Leniency never had the chance to say good-bye. This ment would come from federal law enforce- (V.O.C.A.L.), Montgomery, Alabama. despicable individual had condemned me, my ment assistance funds chosen by the state. The Women’s Coalition, Pasadena, Cali- other two children, the rest of our family The legislation is designed to keep violent fornia. and all of Aimee’s friends who live with an criminals with high recidivism rates in pris- ENDORSEMENTS FROM INDIVIDUALS: ache deep in our hearts. The void can never on for most of their sentences consistent (*INTERSTATE CASES) be filled. The pain of the loss of Aimee is for- with the principles of truth in sentencing. Ms. Gail Willard (PA; mother of Aimee ever. The federal government needs to be involved Willard, a college student raped and mur- Aimee’s life was ended on June 20, 1996, a to protect the citizens of one state from in- dered by a released killer*) night of total madness. She was kidnaped appropriate early releases of another state Ms. Mary Vincent (WA; survivor of rape/at- from her own car, raped, and then beaten to such as occurred with Aimee Willard from tempted murder in CA; her attacker, re- death—beaten so badly around the head and the Philadelphia area, a college senior, who leased from prison, later killed a mother of face that she was identified by the Nike was kidnapped and brutally raped and mur- three in Florida*) swoosh tattoo on her ankle—beaten so badly dered by a man who was released early from Mr. Fred Goldman (CA; father of Ron Gold- that she had an empty heart when she was prison in Nevada. Passed the Senate last man, who was killed in CA along with Nicole found. Every pint of blood had spilled from year 81–17; passed the House of Representa- Simpson) her body. The person who did this to Aimee tive 412–15. Mr. Marc Klass (CA; father of Polly, who is a convicted felon who was on parole. was molested and murdered in Nevada by a Arthur Bomar was released from Nevada’s PARTIAL LIST OF ENDORSEMENTS released sex offender) prison system after serving only twelve The National Fraternal Order of Police, Ms. Dianne Bauer (AK; daughter of Dr. years of a life sentence for murdering a man. Washington, DC. Lester Bauer, who was murdered in Nevada While he was awaiting trial for the murder Law Enforcement Alliance of America, by a released murderer*) charge, he shot a woman. While he was in Falls Church, Virginia. Ms. Jeremy Brown (NY; survivor of rape; prison serving time for both these crimes, he KlaasKids Foundation, Sausalito, Cali- her attacker had served time for murder*) assaulted a woman who was visiting him fornia. Ms. Trina Easterling (LA; mother of Lorin, there. Despite all these violent crimes, and Childhelp USA, Scottsdale, Arizona. an 11 year-old girl abducted, raped, and mur- sentences even beyond the life sentence, Ne- Kids Safe, Granada Hills, California. dered, allegedly by Ralph Stogner, who had vada released him after only twelve years. Concerned Women for America, Wash- served time for raping a pregnant woman*) Did they think he was reformed? All they ington, PC. Mr. Louis Gonzalez (NJ; brother of Ippolito California Correctional Peace Officers As- had to do was read his record to know that ‘‘Lee’’ Gonzalez, a policeman murdered by a sociation (CCPOA), Sacramento, California. he wasn’t. A reformed, contrite prisoner sen- released killer*) National Rifle Association (N.R.A.), Falls tenced to life doesn’t beat up a woman vis- Ms. Dianne Marzan (TX; mother of daugh- Church, Virginia. itor. But he was released by Nevada, and he ters molested by an HIV-positive, released Doris Tate Crime Victims Bureau, Sac- came to Pennsylvania and murdered my sex offender*) ramento, California. The Pruckmayr family (PA; parents of Aimee. Mothers Outraged at Molesters Organiza- On October 1, 1998, Arthur Bomar was con- Bettina, brutally stabbed 38 times in our na- tion (M.O.M.s), Independence, Missouri. victed of first degree murder, kidnaping, tion’s Capital by a paroled murderer) Southern States Police Benevolent Asso- Ms. Beckie Walker (TX; wife of TX Police rape and abuse of a corpse. After the jury an- ciation, Virginia. Officer Gerald Walker, who was murdered by nounced their decision for the death penalty, Garland, Texas Police Department, Gar- a released double-killer*) this reformed felon from Nevada raised his land, Texas. Mr. Ray Wilson (CO; father of Brooklyn hand with his middle finger extended and Action Americans—Murder Must End Now Ricks, who was raped and murdered by a re- shouted, ‘‘F - - - you, Mrs. Willard, her broth- (A.A.M.M.E.N.), Marietta, Georgia. leased rapist*) er and her sister.’’ Arizona Professional Police Officers, Asso- This kidnapper, rapist and murderer Mr. SANTORUM. In conclusion, ciation, Phoenix, Arizona. Madam President, I thank Senator should never have been on the street in June Arizona Voice for Crime Victims, Phoenix, of 1996. And Aimee Willard should be teach- Arizona. BROWNBACK for his great work and per- ing and coaching, living and loving, spread- Association of Highway Patrolmen of Ari- severance in bringing this crime-fight- ing her joy among us. But she isn’t. Her leg- zona, Tucson, Arizona. ing package to the Senate to pass it acy will live on, however, in scholarship California Protective Parents Association, and turn it into law quickly. Aimee’s funds, aid to those in need, and a beautiful Sacramento, California. law was debated and considered here in memorial garden on that lot in the ‘‘bad- Christy Ann Fornoff Foundation, Mesa, Ar- the Senate during this session of Con- lands’’ of North Philadelphia. Her legacy will izona. live on because of Aimee’s Law, the ‘‘No Sec- Citizens and Victims for Justice Reform, gress. It passed 81–17. It has passed the ond Chances’’ law proposed by Matt Salmon Louisville, Kentucky. House with over 400 votes. It is a provi- from Arizona and co-sponsored by Curt Concerns of Police Survivors (C.O.P.S.), sion that has very broad support. It is Weldon from Pennsylvania and many other Missouri. one of the No. 1 legislative provisions Congressmen and Senators. International Children’s Rights Resource that the victims rights organizations Our entire justice system, as I see it, cries Center, Washington. in America would like to see done. out for reform. Our system lacks real truth Justice for All, New York, New York. This is a piece of legislation that tar- in sentencing. Life in prison does not mean Justice for Murder Victims, San Francisco, gets three types of offenders—mur- life. Murderers are returned to the streets to California. murder again. Willful murderers do not de- Kids In Danger of Sexploitation (K.I.D.S.), derers, rapists, and sex offenders, child serve a second chance. If ‘‘Aimee’s Law’’ is Orlando, Florida. molesters in particular. What this does passed in 2000, the States will have strong in- McDowell County Sheriff’s Department, is focus on those three because, obvi- centive to reform their parole systems and Marion, North Carolina. ously, they are three of the most hei- to keep predators in prison actually for life. Memory of Victims Everywhere (M.O.V.E.), nous crimes on the books, but they are If not, they will risk a reduction of federal San Juan Capistrano, California. also crimes that have the highest inci- funds if their paroled murderers cross state National Association of Crime Victims’ dence of repeat offenders, particularly lines and commit another violent crime. Rights, Portland, Oregon. I am asking you, the members of the Sub- New Mexico Survivors of Homicide, Inc., the sexual crimes. Committee on Crime, to support the passage Albuquerque, New Mexico. Aimee’s law is given that name for of ‘‘Aimee’s Law’’ if you want to stop the Parents Legal Exchange Alliance, San Aimee Willard. She was a college stu- nightmare or convicted murderers con- Francisco, California. dent outside of Philadelphia who was

VerDate 11-MAY-2000 03:59 Oct 12, 2000 Jkt 089060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\A11OC6.038 pfrm01 PsN: S11PT1 S10202 CONGRESSIONAL RECORD — SENATE October 11, 2000 raped and murdered by Arthur Bomar. tougher in having tougher sentences The PRESIDING OFFICER. It is the Arthur Bomar was released from a Ne- and making sure that those sentences, understanding of the Chair that, under vada prison after serving only a small when given, are served. the previous order, all quorum calls are fraction of his sentence for a similar I don’t believe that is too much to being charged today to both sides crime. He was released, and within a ask for this Congress, and I very equally. few months he found his way to Phila- strongly urge my colleagues to support Mr. BROWNBACK. I note for the delphia, where Aimee was out one this measure, and recognize that if this record, as we put it in, it was charged evening. She was attacked, raped, and measure is not supported this bill will against all sides equally because there murdered. It was a case that sent be dead and will have to start over are four people who have separate al- shockwaves through southeastern again in the House of Representatives. lotted time. It should be allocated Pennsylvania and the whole Delaware The PRESIDING OFFICER. The Sen- equally to all of those. Valley. Aimee’s mother, Gail, has been ator from Kansas is recognized. The PRESIDING OFFICER. The Sen- on a crusade since then to do some- Mr. BROWNBACK. Madam President, ator’s understanding is correct. It will thing to make sure convicted rapists I yield myself 3 minutes. I want to rec- be so allocated. and murderers and other sex offenders ognize the leadership of my colleague Mr. BROWNBACK. Madam President, serve their full sentences. from Pennsylvania, Senator SANTORUM, I note that we are planning on a vote If you look at the sentences that are in this provision. This is something he at 4:30. Senator THOMPSON has the time meted out for these crimes, it is some- fought for to put in this overall pack- reserved from 3:30 to 4:30. I note for my what chilling to realize that if you age, to keep in this overall package, colleagues that if anybody wishes to look at the sentences that are served and it was something when we started speak on this particular bill, Senator for murder, for example, the average down this road, frankly, I was saying I THOMPSON has an entire hour reserved. sentence for murder is 8 years. The av- want a little, clean, simple bill to deal Under the unanimous consent order, we with sex trafficking. And several Mem- erage sentence for rape is 51⁄2 years. immediately go to both votes—the vote This is the actual time they serve, and bers on the House side, and Senator on the appeal of the ruling of the Chair ANTORUM the actual time served for a sex or S on this side, fought to put for Senator THOMPSON, and imme- child molestation offense is 4 years. this in. diately we will go to a vote on final The more I studied this, the consist- We believe that you have a high inci- passage of the conference report. dence of recidivism in these crimes, ency of the flow was there with this. If anybody seeks to speak on this and people need to serve longer sen- This is dealing with trying to protect bill, they should do so at the present tences so they are not a threat to our people who have been subject to domes- time because otherwise it will be allo- tic crimes, domestic violence, to pro- communities. In fact, more than 14,000 cated to Senator THOMPSON. murders, rapes, and sexual assaults on tect people who have been subject to I will use a couple of minutes of my children are committed each year by trafficking and protect people who time at this point. I note that within felons who had been released after serv- have been subject to, frankly, early re- the bill there is the Justice for Victims ing a sentence on one of those very lease and high recidivism offenders in of Terrorism Act that has been spoken other States, such as what happened, same crimes. So 14,000 of these crimes of by Senator LAUTENBERG and Senator unfortunately, in his State in the case are committed by people who have MACK, which seeks justice for victims committed these crimes in the past, of Aimee Willard. of terrorism that is taking place. That I applaud my colleague’s work. I note who were let go to commit a crime is in the bill. I think it is an important one other thing. Other colleagues look again. part of the legislation. I hope we will at this and raise questions about does What we believe and what we have have some discussion taking place on this really fit within the overall pack- suggested is, frankly, very modest. It is that as well. age, and one can make their decision modest in the sense that it is, I argue, I yield the floor. I suggest the ab- one way or the other. But the point is, even for those 81 Senators who voted sence of a quorum. for this legislation the last time if this is pulled out, the bill has to go The PRESIDING OFFICER (Mr. back to the House. We don’t have time, around—and some expressed concern CRAPO). The clerk will call the roll. that this was going to be too tough on so it effectively kills the bill. The The legislative clerk proceeded to the States—not as tough as it was be- House has already voted 371–1 for this call the roll. fore. We have changed it in ways that package. It is a package and if this gets Mr. BIDEN. Mr. President, I ask have made it a little less onerous on pulled out, it has to go back to the unanimous consent that the order for States to have to keep up with these House. The House is going out on Fri- the quorum call be rescinded. provisions. We tightened the defini- day for a funeral of one of its Members. The PRESIDING OFFICER. Without tions more. We created flexibility for Tomorrow, it has its calendar set up. It objection, it is so ordered. the States for them to choose which kills the bill, so everything else gets Mr. BIDEN. Mr. President, par- funds they would use. killed as well, regardless of what the liamentary inquiry: How much time, if This is basically what this proposal arguments are. I plead with colleagues any, is under the control of the Sen- does. It says if you release someone and say let’s look at this and go ahead ator from Delaware? from prison who has not served 85 per- and support the entire package and not The PRESIDING OFFICER. Seven cent of their sentence, or has served a support the motion to strike the minutes 48 seconds. sentence below the national average Aimee’s law provision. Mr. BIDEN. I ask the ranking mem- for the crimes that we enumerate, and Mr. BROWNBACK. Thank you, ber whether or not he is willing to that person goes out and commits a Madam President. yield additional time if I need it? I reserve the remainder of my time. Mr. LEAHY. How much time do I crime in another State, then the State The PRESIDING OFFICER. Who have? in which the person has committed the yields time? second crime—the released felon com- Mr. BROWNBACK. Madam President, The PRESIDING OFFICER. The Sen- mits a second crime—then it has a I suggest the absence of a quorum. ator has 6 minutes. right to go to the original State who The PRESIDING OFFICER. The Mr. LEAHY. I yield the 6 minutes to let this person out early and seek com- clerk will call the roll. the Senator from Delaware. pensation for all the costs associated The assistant legislative clerk pro- Mr. BIDEN. Mr. President, what a with the prosecution, conviction, and ceeded to call the roll. difference a year makes. Last year, I incarceration of that criminal. Mr. BROWNBACK. Madam President, came to the floor and indicated I That hardly seems like the over- I ask unanimous consent that the order thought in light of the resistance tak- bearing Federal Government dictating for the quorum call be rescinded. ing place regarding the Violence to States how to run their criminal The PRESIDING OFFICER. Without Against Women Act and its reauthor- justice system. These are Federal objection, it is so ordered. ization and the Violence Against funds. States can choose which Federal Mr. BROWNBACK. Madam President, Women II Act, it would be a tough funds they can allocate for this pur- off whose time is the quorum call fight to renew and strengthen the Vio- pose. But what it says is we need to get charged? lence Against Women Act. Thanks to

VerDate 11-MAY-2000 02:41 Oct 12, 2000 Jkt 089060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\G11OC6.095 pfrm01 PsN: S11PT1 October 11, 2000 CONGRESSIONAL RECORD — SENATE S10203 the help and support of a number of First of all, it reauthorizes the Vio- have no place to go. So we, all of us in folks in and out of this Senate—from lence Against Women Act of 1994, re- the Congress, have provided moneys for attorneys general in the various ferred to as landmark legislation. I be- building credible and decent and clean States, to police, to victims advocates, lieve it is landmark legislation. It is shelters, homes for women where they doctors, nurses, Governors, women’s the beginning of the end of the attitude can bring their children. groups—I am proud to say we finally in America that a woman is the posses- I might note parenthetically the ma- arrived at a point where the Violence sion of a man, that a woman is, in fact, jority of children who are homeless, on Against Women Act 2000 is on the verge subject to a man’s control even if that the street, are there because their of passing the Senate as part of the sex requires ‘‘physical force.’’ This clearly mothers are the victim of abuse and trafficking conference report. states, and we stated it for the first have no place to go. So they end up on I thank particularly my good friend time on record in 1994, that no man has the street. We are rectifying that. from Minnesota. Since he has arrived a right under any circumstance other We found out there is a problem. in the Senate, he has been the single than self-defense to raise his hand to or There is a problem because there are strongest supporter I have had. Along to use any physical force against a more people trying to get into this with his wife, who is incredible, she has woman for any reason at all other than emergency housing and there is no been the single most significant out- self-defense. place for some of these women to go be- side advocate for the Violence Against One might think: Big deal; we all tween the emergency housing—and Women Act in everything that sur- knew that. No, we didn’t all know that. they can’t go back to their homes—and rounds and involves it. It has begun to shape societal atti- having decent housing. So we provide I dealt him a bit of advice. When I tudes. What has happened is that we for a transition, some money for tran- went to a conference on a bill he was have seen a decline of 21 percent in the sition housing. In the interest of time, working very mightily for, along with violent acts committed by significant I will not go into detail about it. our friend and Republican colleague, others against their spouses and/or Third, we change what we call incor- the sex trafficking bill, which is a very porating dating violence into the pur- important bill in and of itself—by itself girlfriends and/or mate. That is a big poses that this act covers, where there it is important—if we were doing noth- deal. What happens if we don’t pass is a pro-arrest policy, where there are ing else but passing that legislation this today? The Violence Against Women Act goes out of existence. It is child abuse enforcement grants, et that he and Senator BROWNBACK have cetera. The way the law was written worked so hard on, it would be a wor- no longer authorized. So this is a big the first time, an unintended con- thy day, a worthy endeavor for the deal, a big, big deal. sequence of what I did when I wrote the Senate and the U.S. Government. No. 2, I promised when I wrote this I realize people watching this on C– legislation in 1994 that, after seeing it law is, a woman ended up having to SPAN get confused when we use the in operation, I would not be wedded to have an extended relationship with the ‘‘Senate speak.’’ We talk of conferences its continuation if it wasn’t working, man who was victimizing her in order and conference reports and various and that I would propose, along with to qualify for these services. That is an types of legislation. The bottom line is, others, things that would enhance the oversimplification, but that is the es- I was part of that agreement where we legislation. That is, places where there sence. If a woman was a victim of date sat down with House Members and Sen- were deficiencies we would change the rape, the first or second time she went ate Members to talk about the sex traf- law and places where the law in place out with a man of whom she was a vic- ficking legislation. I didn’t surprise was useless or counterproductive, we tim, she did not qualify under the law him—I told him ahead of time, but I would eliminate that provision of the for those purposes. Now that person am sure I created some concern—by at- law. We have kept that promise. would qualify. tempting to add the Violence Against This legislation does a number of We also provide legal assistance for Women Act to that legislation. We ul- things. It makes improvements in what victims of domestic violence and sex- timately did. we call full faith and credit of enforce- ual harassment. We set aside some of It is the first time in the 28 years I ment orders. Simply stated, that the money in the Violence Against have been in the Senate that I have means if a woman in the State of Women Act, hopefully through the gone to a conference and added a major Maryland goes to court and says, ‘‘This trust fund which, hopefully, the Pre- piece of legislation in that conference, man is harassing me,’’ or ‘‘He has beat- siding Officer will insist on being part knowing that it might very well jeop- en me,’’ or ‘‘He has hurt me,’’ and the of this. We provide for women getting ardize the passage of the legislation we court says that man must stay away help through that system. We provide were discussing. And it is worthy legis- from that woman and cannot get with- for safe havens for children, pilot pro- lation. I am a cosponsor. I can think of in a quarter mile—or whatever the re- grams. nothing—obviously, you would expect striction is—and if he does, he will go As my friend from Minnesota knows, me to say that, being the author of this to jail, that is a protection order, a most of the time when a woman gets legislation—I can think of nothing of stay away order. shot or killed in a domestic exchange, more consequence to the women of What happens in many cases when it is when she is literally dropping off America and the children of America that woman crosses the line into the a child at the end of the weekend. That than our continuing the fight—and I State of Delaware or into the State of is when the violence occurs. So we pro- am sure my friend from Minnesota Pennsylvania or into the District of vide the ability for the child to be agrees with me—regarding violence Columbia and that man follows her, dropped off in a safe place, under super- against women. the court in that district does not en- vised care—the father leaves, and then I thank Senator HATCH for working force the stay away order from the the mother comes and picks the child so hard with me to pass this legisla- other State for a number of reasons: up and regains custody—because we tion. This legislation was not a very One, they don’t have computers that find simple, little things make big, popular idea on the other side of the they can access and find out whether giant differences in safety for women. aisle 8 years ago when we wrote this, there is such an order; two, they are This also provides pilot programs relat- and 6 years ago when we got close to blase about it; or three, they will not ing to visitation and exchange. passing it, and 5 years ago when we give full faith and credit to it. We put in protective orders for the passed it. Senator HATCH stood up and This creates a development and en- protection of disabled women from do- led the way on the Republican side. hancement of data collection and shar- mestic violence. Also, the role of the And I thank my Republican colleagues, ing system to promote tracking and court in combating violence against about 25 of whom—maybe more now— enforcement of these orders. Big deal. women engages State courts in fight- cosponsored it. I attribute that to Sen- Second, transition housing. This is a ing violence by setting aside funds in ator HATCH’s leadership, and I thank change. We have found that we have one of the grant programs. him for that. provided housing for thousands and And we provided a domestic violence This legislation is very important. I thousands and thousands of women task force. We also provide standards, will try as briefly as I can to state why who have gotten themselves into a di- practices, and training for sexual fo- it is important. lemma where they are victimized but rensic examinations which we have

VerDate 11-MAY-2000 02:41 Oct 12, 2000 Jkt 089060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\G11OC6.098 pfrm01 PsN: S11PT1 S10204 CONGRESSIONAL RECORD — SENATE October 11, 2000 been doing in my State, and other Violence Against Women Act is pro- Washington State has developed States have done, but nationwide they viding the necessary funding. ‘‘Project SAFER’’—which links attor- are not being done. So much loss of po- We are also working hard to create neys with victims at battered women tential evidence is found when the an army of attorneys nationwide who shelters to ‘‘Stop Abuse and Fear by woman comes back into court because have volunteered to provide free legal Exercising Rights.’’ they did not collect the necessary evi- services to victims—from filing a pro- In Washington, D.C. they formed dence at the time the abuse took place. tection order, to divorce and custody Women Empowered Against Violence— Also, maybe the single most impor- matters. But many, many more women known as WEAVE—which provides a tant provision we add to the Violence need legal assistance. The Violence total package for victims, from legal Against Women Act is the battered im- Against Women Act of 2000, which is assistance to counseling to case man- migrant women provision. This before us today, authorizes and pro- agement through the courts. strengthens and refines the protections vides the necessary funding to help vic- Utah has developed the ‘‘CAUSE’’ for battered immigrant women in the tims of domestic violence, stalking, project, or the Coalition of Advocates original act and eliminates the unin- and sexual assault obtain legal assist- for Utah Survivors’ Empowerment. It tended consequence of subsequent ance at little to no cost. is a statewide, nonprofit organization charges in immigration law to ensure Don’t take my word for the need for that has created a system of commu- that abused women living in the United this legislation. You have heard from nity support for sexual assault sur- States with immigrant victims are folks in your states. Listen to their vivors. brought to justice and the battered im- stories and the programs they’ve put In Kansas, they’ve funded a program migrants also escape abuse without into place over the past five years since called ‘‘Circuit Riders,’’ who are advo- being subject to other penalties. we passed the Violence Against Women cates and attorneys who travel to rural There is much more to say. Act in 1994—with overwhelming bipar- parts of the State to fill the gaps in We have worked hard together over tisan support. service. the past year to produce a strong, bi- Unless we act now—and renew our Different names for these programs partisan bill that has gained the over- commitment to stopping violence but the same funding source and inspi- whelming support of the Senate—with against women and children—our ef- ration—the Violence Against Women a total of 74 cosponsors. All of my forts and successes over the past five Act. Experience with the act has also Democratic colleagues are cosponsors, years will come to a screeching halt. shown us that we need to strengthen along with 28 of my Republican friends. The Violence Against Women Act ex- enforcement of protection from abuse Passage of this bill today would not pired September 30. orders across state lines. have been possible without the effort If the funding dries up—make no mis- Candidly, a protection from abuse and commitment of the chairman of take—the number of domestic violence order is just one part of the solution. A the Judiciary Committee, my friend cases and the number of women killed piece of paper will not stop a deter- ORRIN HATCH, who has dedicated years by their husbands or boyfriends who mined abuser with a fist, knife, or gun. to addressing the scourge of violence profess to ‘‘love’’ them—will increase. But look at what states like New against women. Domestic violence has been on a York and Georgia are doing to make it I also want to take this opportunity steady decline in recent years. U.S. De- easier—and less intimidating—for to thank our committee’s ranking partment of Justice statistics show a women to file for a protection from member, Senator LEAHY, for his con- 21 percent drop since 1993. abuse order. stant support of my efforts to bring Why? They have implemented a completely this bill to a vote, and my friends in From Alabama to Alaska—New confidential system for a victim to file the House, Representatives JOHN CON- Hampshire to New Mexico—Michigan for a protection from abuse order with- YERS, ranking member of the House Ju- to Maine—California to Kentucky— out ever having to walk into a court- diciary Committee, and CONNIE Delaware to Utah—police, prosecutors, room. MORELLA, for their leadership on this judges, victims’ advocates, hospitals, It is all on-line over the internet. important legislation. corporations, and attorneys are pro- After the victim answers a series of The need for this law is as clear viding a seamless network of ‘‘coordi- questions and describes the abuse, the today as it was more than a decade ago nated response teams’’ to provide vic- information is deleted once trans- when I first focused on the problem of tims and their children the services mitted to the court—with no informa- domestic violence and sexual assault. they need to escape the violence—and tion stored electronically. Consider this: In my state of Dela- stay alive. This project is part of specialized do- ware, I regret to report that more than In National City, California, family mestic violence courts established in 30 women and children have been killed violence response team counselors go many states—where one judge handles in domestic violence-related homicides directly to the scenes of domestic vio- the entire case—from protection or- in the past three years. lence cases with police. ders, to divorce, custody, and probation No area or income-bracket has es- Violence Against Women Act funds issues. caped this violence. To stop domestic have facilitated changes from simple, The Center for Court Innovation is violence beatings from escalating into common sense reforms—such as stand- working with the New York courts to violent deaths, more than one thou- ardized police reporting forms to docu- develop customized computer tech- sand police officers throughout Dela- ment the abuse . . . to more innovative nology that will link the courts, police, ware—in large cities and small, rural programs, such as the Tri-State Do- probation officers, and social service towns alike—have received specialized mestic Violence Project involving agencies—so that everyone is on the training to deal with such cases. North Dakota, Montana, and Wyoming. same page, and knows exactly what’s Every State in this country now has This project includes getting the word happening with a domestic violence similar police training, and the Vio- out to everyone from clergy to hair- case. lence Against Women Act is providing dressers to teachers—anyone who is We need to take this technology na- the necessary funding. likely to come into contact with a do- tionwide. And the Violence Against To ensure these officers collect evi- mestic violence victims—so that they Women Act of 2000 before us today will dence that will stand up in court, they can direct victims to needed housing, provide funding to states for such tech- are being armed with state-of-the-art legal, and medical services. And the nology. and not all our solutions are instant cameras and video cameras. services and protections are offered high-tech. The Violence Against Women Act is across State lines. To help victims enforce protection providing the necessary funding for Such coordinated projects have dif- orders, states and cities across this these cameras—nationwide. ferent names in different States—in Or- country have teamed up with the cel- The National Domestic Violence Hot- egon, they have domestic violence lular phone industry to arm victims line handles 13,000 calls from victims intervention teams. with cell phones. per month and has fielded over half a In Vermont they have ‘‘PAVE.’’ The In my state of Delaware, I spear- million calls since its inception. The Project Against Violent Encounters. headed a drive to collect two thousand

VerDate 11-MAY-2000 04:48 Oct 12, 2000 Jkt 089060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\G11OC6.100 pfrm01 PsN: S11PT1 October 11, 2000 CONGRESSIONAL RECORD — SENATE S10205 used cell phones, so that every person this case does demonstrate the way in which pand existing shelters. Two thousand with a protection from abuse order can domestic violence affects society at large, shelters in this country now benefit get a cell phone programmed to auto- how violence in the home increased the like- from this funding. matically dial 9-1-1 if the abuser shows lihood for violence in the surrounding com- In my State of Delaware we have in- munity. It is about time that we push for bi- up at her house, place of work, at the partisan Violence Against Women Act Reau- creased the number of shelters from school yard when she picks up her thorization in Congress to combat domestic two to five, including one solely for child, the bus stop or the grocery store. violence and its horrible consequences. Hispanic women. Commonsense solutions—all sparked And if any of you doubt the link be- For as much as we’ve done, so much by the Violence Against Women Act tween children growing up in a home more is needed. Our bipartisan Biden- this body passed overwhelmingly in watching their mother get the living Hatch bill increases funding for tens of 1994. hell beat out of her—and that child thousands of more shelter beds. It also Again, listen to the voices of victims growing up to be violent as well, con- establishes transitional housing serv- we have helped. sider this recent case two months ago ices to help victims move from shelters Phyllis Lee from Tennessee says she in San Diego. back into the community. is alive today thanks to the battered A prosecutor was in her office, inter- And let’s not forget the plight of bat- women shelter in Dayton. Without it, viewing a mother who was pressing tered immigrant women, caught be- she is certain her abusive husband charges against her husband after suf- tween their desperate desire to flee would have killed her with his violent fering years of abuse. As the ques- their abusers and their desperate desire beatings. After enduring 17 years of tioning stretched on, the woman’s 8- to remain in the United States. A torturous abuse, including severe beat- year-old son grew restless. young Mexican woman who married ings to her head and body, rape, and Just as little kids do—the boy tugged her husband at the age of 16 and moved the withholding of needed medical at his mother’s sleeve, saying, ‘‘Let’s to the United States suffered years of care, Phyllis finally escaped. go. I’m hungry . . . can we leave yet.’’ physical abuse and rape—she was lit- After a particularly severe beating, He became even more agitated and erally locked in her own home like a she hid in the woods for 20 hours, para- said: ‘‘Come on, Mom, I want to go.’’ prisoner. Her husband threatened de- lyzed with fear that her husband would Finally, the 8-year-old boy shouted: portation if she ever told police or left find her. She crawled to a nearby farm- ‘‘I’m talking to you?’’ Then, he curled the house. When she finally escaped to house and asked for help. up his fist and punched her. the Houston Area Women’s Center in With the help of the woman who Now, where did he learn that? Texas, she was near death. lived there, she contacted Battered That prosecutor not only had a vic- That shelter gave her a safe place to Women, Inc.—an organization that as- tim in her office. She had a future do- live, and provided her the legal services sists victims of domestic violence. This mestic violence abuser. she needed to become a citizens and get program, which includes a hotline, But states are not giving up on these a divorce. counselors, and a shelter, is heavily kids. For example, in Pasco County, Our bipartisan bill expands upon the funded by the Violence Against Women Florida the Sheriff’s Office has devel- protections for battered immigrant Act. It provided a way out for Phyllis oped a special program just to focus on women. and her children, whose lives were in the children in homes with domestic Thanks to nurses and emergency grave danger. violence. room doctors across this country—we Battered Women, Inc. also helped It’s called KIDS, which stands for have made great strides in helping vic- Phyllis get her GED and she is now Kids in Domestic Situations. The sher- tims who show up at the emergency working as an advocate for other bat- iff hired four new detectives, a super- room, claiming they ran into a door or tered women. She says that without visor, and a clerk. They review every fell down the stairs. this program, she never would have domestic violence call to see if a child The Kentucky General Assembly has known that the option to live without lives in the home. They are specially made it mandatory for health profes- abuse existed. trained to interview that child and get sionals in emergency rooms to receive States with large Indian reserva- him or her the needed counseling—to three hours of domestic violence train- tions—such as California and Nevada— break the cycle of violence. ing. have formed Inter-Tribal Councils so Unfortunately, the abuse does not The National Hospital Accreditation that Native American women no longer stop for women once they are di- Board is encouraging all hospitals to have to suffer in silence at the hands of vorced—particularly when the father follow Kentucky’s lead. their violent abusers. One victim in uses the children to continue the har- The SANE program, sexual assault California writes: assment. All too often, Kids caught in nurse examiners, are truly angels to If it were not for the Inter-Tribal Council’s the crossfire of a divorce and custody victims. They are specially trained to efforts, I would be dead, homeless or living in battle need safe havens. work with police to collect needed evi- my car, with my children hungry. One woman in Colorado had to con- dence in a way that is sensitive and In California, the Inter-Tribal Coun- front her former husband and abuser at comforting to victims. cil has reached out to Native American her son’s soccer games—to exchange The Violence Against Women Act of communities to establish the ‘‘Stop custody for the weekend. She had to 2000 facilitates these efforts by ensur- and Take Responsibility’’ program. endure continued mental and emo- ing that STOP grants can be used for First, and foremost, this program is tional abuse, putting herself in phys- training on how to conduct rape exams about education—educating Native ical harms-way. Finally a visitation and how to collect, preserve, and ana- American men that hitting your spouse center opened. Now she drops off her lyze the evidence for trial. is a serious crime, and educating moth- son into the hands of trained staff in a Finally, I am very pleased to report, ers, wives, sisters, and daughters—that secure environment. this legislation expands grants under no man has a right to lay a hand on In Hawaii, Violence Against Women the Violence Against Women Act to them. Act funding has allowed officials to states, local governments, tribal gov- This past May, the shooting of Barry open three new visitation centers in ernments, and universities to cover vi- Grunnow, an English teacher in Lake the island’s most rural counties. olence that arises in dating relation- Worth, Florida—by a seventh grade The Violence Against Women Act of ships. Hopefully, this important change honor roll student named Nathaniel 2000 adds new funding for safe havens will help prevent tragedies like the Brazil—shocked the nation. for children to provide supervised visi- death of Cassie Diehl, a 17-year-old Recently, Lake Worth police released tation and safe visitation exchange in high school senior from Idaho, killed reports showing a history of domestic situations involving domestic violence, by a boyfriend who left her for dead violence in the Brazil home. child abuse, sexual assault, or stalking. after the truck he was driving plunged As the Palm Beach Post wrote re- Of course, there are also the battered 400 feet of a mountain road. cently in an editorial— women’s shelters. Over the past five What is especially tragic about this While violence in the home can hardly be years, every State in this country has story is the great lengths to which directly blamed for the tragic shooting . . . received funding to open new and ex- Cassie’s parents went, before her death,

VerDate 11-MAY-2000 04:48 Oct 12, 2000 Jkt 089060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\CR\FM\A11OC6.043 pfrm01 PsN: S11PT1 S10206 CONGRESSIONAL RECORD — SENATE October 11, 2000 to seek help from local law enforce- enforcement organization, all the the rule 28 scope of conference. I think ment agencies and local prosecutors in many women’s groups, the National the Chair will rule against my col- putting an end to the boyfriend’s con- and 50 individual State Coalitions league from Tennessee. I think the stant abuse of their child, even seeking Against Domestic Violence, the Amer- Chair will rule against him with jus- a protection order from a judge. All of ican Medical Association, the National tification. these efforts failed because Cassie was Governors Association, nurses, the list Most importantly, I want colleagues a teenager involved in an abusive dat- goes on and on—more than 150 groups to know the majority of you voted for ing relationship. Law enforcement offi- total. Aimee’s law. I voted against it. But if cials believed that because Cassie was If you’ll allow me one more point of the Senator from Tennessee should a 17-year-old high school student living personal privilege, this act—the Vio- succeed—I know this is not his inten- at home she could not be abused by a lence Against Women Act—is my single tion—that is the end of this conference boyfriend, that she was not entitled to greatest legislative accomplishment in report, that is the end of this legisla- protection under the law. my nearly 28 years in the United tion on trafficking, that is the end of The legislation we will vote on today States Senate. reauthorization of VAWA, and it would will help avoid future horror stories Why? Because just from the few ex- be a tragic, terrible mistake. I hope colleagues will continue to like Cassie’s by providing training for amples provided above—it’s having a support it. I yield. law enforcement officers and prosecu- real impact in the lives of tens of thou- The PRESIDING OFFICER. The Sen- tors to better identify and respond to sands of women and children. You see ator from Kansas. violence that arises in dating relation- it and hear the stories when you’re Mr. BROWNBACK. Mr. President, I ships and by expanding victim services back home. note the hour of 3:30 approaches. Sen- programs to reach these frequently So let us today pass the bipartisan ator THOMPSON has a lot of time. young victims. Biden-Hatch Violence Against Women If we are able to pass this legislation Thanks in part to the landmark law Act now, and renew our national com- today, we still have a hurdle left to go. we passed in 1994, violence against mitment to end domestic violence. This is a major victory for women and women is no longer regarded as a pri- Mr. President, I am happy now to children subject to violence here and vate misfortune, but is recognized as yield the floor. abroad. This is a major piece of legisla- the serious crime and public disgrace Mr. LEAHY. May I have 30 seconds of tion for us to be able to pass through that it is. We have made great strides the time I yielded to the Senator? this body. It is late in the session. We to putting an end to the days when vic- Mr. BIDEN. Yes. are already past the time scheduled for tims are victimized twice—first by Mr. LEAHY. I will speak more on adjournment. To be able to get this their abuser, then by the emergency re- this in another venue, but I think it is legislation passed at this time is a sig- sponse and criminal justice systems. safe to say VAWA would not be voted nificant accomplishment. The Senator We are making headway. on today had it not been for the per- from Delaware pushed aggressively and I have given you plenty of examples, sistence of the Senator from Delaware. hard on VAWA, as a number of people but there are hundreds more. That persistence is something the pub- did on other items. In addition to the battered women’s lic has not seen as much as those of us This is a good day, a great day for shelters, the STOP grants, the Na- who have been in private meetings the Senate to stand up and do some of tional Domestic Violence Hotline, and with him, where his muscle really the best work we can to protect those other grant programs I have men- counted. We would not have this vote who are the least protected in our soci- tioned, the Biden-Hatch Violence today, and I suspect it will be an over- ety, to speak out for those who are the Against Women Act of 2000 reauthor- whelmingly supportive vote—that vote least protected here and around the izes for five years the Pro-Arrest would not have been today were it not world. This is a great day for this country, grants, Rural Domestic Violence and for the total and complete persistence of the Senator from Delaware, just as and it is a great day for this body. Child Abuse Enforcement grants, cam- I am pleased we are wrapping up this the vote on sex trafficking is to the pus grants, the rape prevention and portion of the debate. I think we have education grant program, and three credit of the Senators from Kansas and had a good discussion. We will have the victims of child abuse programs, in- Minnesota. vote on the appealing of the point of Mr. BIDEN. Mr. President, I thank cluding the court-appointed special ad- order by the Chair. I plead with my col- vocate program (CASA). my colleague for that. The beginning of leagues, with all due respect to my col- So, let us act now to pass the Biden- my comments was a polite way of league from Tennessee, to vote against Hatch bill. apologizing for my being so persistent. my colleague from Tennessee so we can There is one thing missing, I must I have been here 28 years. I have never proceed to pass this important legisla- point out, from this legislation. Unfor- threatened a filibuster. I have never tion. tunately, the conference report does threatened to hold up legislation. I I yield the floor. not extend the Violent Crime Reduc- have never once stopped the business The PRESIDING OFFICER. The Sen- tion Trust Fund that would guarantee on the floor—not that that is not every ator from Minnesota. the funding for another five years—so Senator’s right. I have never done that. Mr. WELLSTONE. Mr. President, if I that these innovative, effective I care so much about this legislation have 20 seconds, with the indulgence of projects can continue. that I was prepared to do whatever it my colleague from Tennessee, I thank I believe that extending the trust would take. I apologize for being so Senator BROWNBACK again. I also thank fund is critical. Remember, none of pushy about it. But there is nothing I a whole lot of people, a whole lot of this costs a single dime in new taxes. have done in 28 years that I feel more human rights organizations, women’s It’s all paid for by reducing the federal strongly about than this. I apologize to organizations, grassroots organiza- government by some 300,000 employees. my friends for my being so persistent. tions, religious organizations, who The paycheck that was going to a bu- The PRESIDING OFFICER. The Sen- have been there for the bill, organiza- reaucrat is now going into the trust ator from Minnesota. tions of others who have really worked fund. So I will continue to work to ex- Mr. WELLSTONE. I know my col- hard for reauthorization of the Vio- tend the trust fund to ensure that league, Senator BROWNBACK, wants to lence Against Women Act. Thank you these programs actually receive the speak as well. Let me thank Senator for your grassroots work. I yield the floor and thank my col- funding we have authorized. BIDEN for his great leadership as well. league from Tennessee. Let me just close by saying that it We are very proud we were able to The PRESIDING OFFICER. Under has been a tough fight over the past 22 work this out and do trafficking and the previous order, the Senator from months to get my colleagues on both the reauthorization for the Violence Tennessee is recognized to make a sides of the aisle to focus on the need Against Women Act together. Let me point of order against the conference to reauthorize the Violence Against thank him for safe visas. He was kind report. The Senator from Tennessee. Women Act. But we have finally done enough to mention my wife Sheila. Mr. THOMPSON. Mr. President, I it. That was really an initiative on which make a point of order that the con- I greatly appreciate the support, she has been working. I was so pleased ferees included matters not in the ju- daily phone calls, letters, and e-mails to see that in this bill. risdiction of the Foreign Relations of so many groups—who are the real Let me also say to my colleague, as Committee. I am referring specifically reason we have been able to get this much as I appreciate the work of the to Aimee’s law. done this year. The National Associa- Senator from Tennessee, I want to The PRESIDING OFFICER. The Sen- tion of Attorneys General, every law make the point that this is not about ator’s point of order is not well taken.

VerDate 11-MAY-2000 04:48 Oct 12, 2000 Jkt 089060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\CR\FM\A11OC6.046 pfrm01 PsN: S11PT1 October 11, 2000 CONGRESSIONAL RECORD — SENATE S10207 Mr. THOMPSON. Mr. President, I ap- 10th amendment. Some things the earlier in our history. We need to dif- peal the ruling of the Chair and ask for States do and some things the Federal fuse that power, and the States need the yeas and nays. Government does. certain rights, so we need to balance The PRESIDING OFFICER. Is there a If we do not believe in that anymore, that out. sufficient second? if we are going to say every time there One of my House colleagues said: The There appears to be a sufficient sec- is some tragic circumstance, such as problem with Congress is we are ond. the drive-by shootings in 1992—we fed- The yeas and nays were ordered. eralized the crime of drive-by shoot- Jeffersonians on Mondays, Wednesdays, The PRESIDING OFFICER. The Sen- ings. In 1997, there was not one Federal and Fridays and Hamiltonians on Tues- ator controls 1 hour of debate. The prosecution for drive-by shootings, but days, Thursdays, and Saturdays. We Senator from Tennessee is recognized yet it was in the headlines, and we give lipservice to the proposition of for 1 hour. could not help ourselves because we limited Government, decentralization, Mr. THOMPSON. I thank the Chair. giving more power back to the States, Mr. President, I thank my colleagues wanted to express our outrage at this crime that was being taken care of at getting things out of Washington. We for the manner in which this has been all run on that platform, and as soon as handled and the opportunity this af- the State level. No one has ever accused these States we get here, we can’t wait to pass some fords me to make the statement I am sweeping Federal law that, in many going to make today. with high-profile crimes of not jumping This is an objection to the conference in and taking care of the situation, cases, supersedes State law and the dif- report. There are many good things in sometimes imposing the death penalty. ferent ways States have chosen to han- this conference report. Unfortunately, You cannot do much more than that. dle a different problem. Aimee’s law is a part of it. I prefer to Yet we feel the necessity to pass Fed- We preempt State law. We pass Fed- have the consideration of that inde- eral laws that will ultimately create a eral laws all the time. The Constitu- pendently, separate and apart from the Federal police force to do things we tion allows us, under the supremacy conference report, but that is not to be. have left to the purview of the States clause, to do that. We will not even say Historically, of course, Aimee’s law for 200 years. That is a serious matter. when we are preempting. The courts did pass as a part of a much larger bill, Nobody wants to vote against some- have to decide that. We pass laws all the juvenile justice bill, some time ago thing called Aimee’s law as a result of the time, and the courts have to take a but was never signed into law. When I a tragedy of some young woman get- look at them later on to decide to what voiced my objection to it at that point, ting killed, for goodness’ sake. Unfor- extent we are preempting State laws, tunately, it happens all across this it was put into this conference report. and so we strike down those State country all the time. But we have I cannot let it go without raising my laws. objection to something that I think greater responsibilities when we take has to do with an important principle. the oath of the office we hold. We are We continue to criminalize State It is very unfortunate, when we have supposed to uphold the Constitution. Is law. Five percent of the criminal pros- tragic circumstances that happen in the relationship between the State and ecutions in this country are Federal. this country, such as young people Federal Government the one we stud- Yet last year there were over 1,000 being killed, all the violence and abuse ied in school, the one the courts tell us pieces of legislation introduced in this that goes on in this country, we take is still in effect, and, more fundamen- Congress having to do with criminal that and use the emotionalism from it tally, do we need States anymore? law. It clogs the courts. Justice to make bad law. States do not behave the way we want Rehnquist on a regular basis comes I do not think anybody within the them to sometimes. States do not do over here and pleads with us to stop sound of my voice can accuse me of what the Federal Government wants this: You are not doing anything for being soft on crime. I ran in 1994 on them to do. States do different things. law enforcement—he tells us—by try- that issue. I ran again in 1996 on that People in Tennessee might not look ing to criminalize everything at the issue. My position is clear. But my po- at something exactly the same way Federal level that is already covered at sition is also clear that we are con- people in New York might look at it. the State level; you are clogging the tinuing the trend toward the cen- People in New York might not look at courts. something the same way people in tralization of decisionmaking in this The Judicial Conference reports to us California do. We have certain basic country. In other words, if we do not from time to time: You are clogging like what a State is doing with regard things on which we agree in our Fed- the courts with all this stuff that to its criminal laws, we tend to find a eral Constitution, but the Founding should not be in Federal court; the way around it. Fathers gave us leeway to experiment. I do not like the idea that some Nobody I know of inside Washington, States are already taking care of that. States let prisoners out sooner than DC, has the answers to all these prob- Nobody is claiming they are not. So for they should, but if we really do not lems. We all have the same motivation: the same offense, we have this array of like that and we really do not have any No one wants crime, no one wants State laws and this array of criminal concerns about taking over the crimi- these terrible tragedies, but we cer- laws, and the prosecutor can use that nal jurisdiction in this country, things tainly do not have a monopoly on what against a defendant however he might that have been under the purview of to do about it. That is why we have choose. It is not something that will States for 200 years, why don’t we just States to experiment, to do different enhance our system of justice but pass a Federal law using the commerce things. something that only enhances our own clause and state that it affects inter- Too often, under the glare of the stature when we believe we are able to state commerce? headlines, we want one solution; we say we passed some tough criminal Perhaps the Supreme Court will want one answer; we want one Federal law. We are doing more to harm crimi- allow it; maybe they will not. Why answer with our name on the legisla- nal justice by doing this than we are don’t we just pass a Federal law on tion so we ‘‘did something’’ about some doing to help it. murder? Why don’t we just have a Fed- tragic murder that happened in one of My favorite last year was the legisla- eral law that says anyone convicted of the States, which is prosecuted by the tion that was considered in Congress to murder has to serve so much time and State and the person has long been prohibit videos of animal abuse using just get on with it? Even the people sent to the penitentiary or death row. stiletto heels. That is not a joke. Un- pushing things such as Aimee’s law ap- We need to concentrate on the fact that we do not seem to think we need fortunately, we have bills such as that parently recognize there is a principle introduced in Congress all the time. that causes us problems, and that is, the States anymore. We had this funda- we are set up with a Federal system. mental disagreement at the founding of We, from time to time, try to get Every kid learns in school that we our country between Jefferson and around the commerce clause. We want have a system of checks and balances, Hamilton. Hamilton wanted a strong to federalize things, such as guns in one branch against another, also Fed- Federal Government, we all remember schools. Every State in the Union has a eral versus State and local law. It is a from our schooldays. Jefferson said: tough law they deal with in their own diffusion of power. It is time honored. No, that is too much centralization of way as to what to do about a terrible It is in the Constitution. It is in the power; remember what happened to us problem—guns in schools. We get no

VerDate 11-MAY-2000 04:48 Oct 12, 2000 Jkt 089060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\CR\FM\G11OC6.123 pfrm01 PsN: S11PT1 S10208 CONGRESSIONAL RECORD — SENATE October 11, 2000 headlines out of that, so we had a Fed- however long Kentucky wants to incar- If the intent is, in fact, to catch all of eral law to which the Supreme Court cerate him. those people and, if they do something said: No, that does not affect interstate That is basically what Aimee’s law else, have this law apply, it has ex post commerce. Then we just try to basi- is. So this is moving the ball a little facto ramifications with regard to the cally directly force States to enforce bit farther down the road for those who State. You are not doing anything to Federal laws and regulations that we want Washington to decide all the the individual, but you are forcing the make—background checks for guns, criminal laws in this country. State to either lose money or to try to when judges should retire, Federal reg- Here we have a standard not that extend the time these people stay in ulations. Finally, the Supreme Court Congress has set. A lot of times we will jail. said: No, we cannot do that. The 10th say: We want everybody on the high- Can you imagine the litigation you amendment prohibits us from doing ways to be driving under the old .08 are going to have with regard to these that. So we have a steady array of our rule because we believe that ought to parole board hearings, when a person attempting to figure out ways in and be the intoxication limit. We are going apparently looks as though he is eligi- around the Constitution in order to im- to withhold funds if you don’t. It is a ble for parole, but the parole board has pose our will because ‘‘we know best.’’ Federal standard. You can argue with discretion, and they know if they re- The latest, of course, now is the use it or you can agree with it. lease this person, he is going to be one of the spending clause. The courts have But that is not what we have here. of these people caught under the law? said, basically, if Congress sends the This is not a standard that Congress Can you imagine the litigation that is money, they have the right to attach has had hearings on and has deter- going to come about as a result? strings. States blithely go along many mined that Tennessee has to live up to. If, on the other hand, it is not meant times—not all the time, but many It is a standard that is based upon a to be ex post facto, if, in fact, this law times. Oftentimes they accept that free calculation of what the average is only applies to those who are convicted Federal money and learn that they are among all the other States. of crimes after the effective date of getting 7 percent of their money for What if Tennessee looks at it a little this law, then this law is going to be a their problem and 75 percent of the reg- differently? They ought to have the nullity for the most part, I imagine, for ulations and redtape, the requirements right to have a little more stringent many years, if people serve out terms that go along with it. laws or a little more lenient laws. They in prison for horrendous crimes. So this is the context in which we have the people of Tennessee to answer I would like to know, seriously, what find ourselves when we consider to. They have their own legislature. the intention of the law is because it is Aimee’s law. This is all just a little bit They have their own Governor. These not clear from the legislation itself. As of history we have been dealing with to are things that Tennessee has been de- Fred Ansell has said: which not many people pay much at- ciding for 200 years. If they do not do If it applies retroactively, then the law tention. But it has to do with our basic what the average of other States do, could apply retroactively in different ways. constitutional structure. It has to do when it is totally within their preroga- It could mean that the law applies only if an with the fundamental question in this tive, should they be penalized? offender is released from a State after 2002 country and, I think, our fundamental There are several problems with this after having served a less than average sen- job; that is, What should the Federal law. Some of them are constitutional tence, and then commits a crime. Or it could Government do, or what should Gov- because it has ex post facto concerns. I even mean that a person commits a crime as ernment do, and at what level should do not know, for example, in reading early as January 1, 2002, who was released Government do it? What is more funda- this law, whether it intends to apply to from prison many years ago. If the State is liable for what an already- mental than that? What is more impor- people who have already been sen- released offender does in the future, and it tant than that, as we hastily pass out tenced or whether it applies to people accepts the Federal funds with these condi- and introduce these thousands of bills who will be sentenced after this law tions, then the State has agreed to accept an up here? If they sound good, do it—all comes into effect. unlimited future liability. It will be liable the while eroding a basic constitu- I wish one or any of the sponsors of for the crimes that thousands of offenders tional principle that we all claim we this bill would come to the floor and might commit, as measured by the costs of believe in. tell us whether or not the intent of this apprehension, prosecution, and incarcer- So this Aimee’s law came about be- law is to have this law apply to people ation. This is not losing 5 percent of trans- cause of another tragic set of cir- who have already been sentenced portation funds for not enacting a 21-year- old drinking age, as was upheld in South Da- cumstances. We have seen them: The maybe 5 years ago, maybe 10 years ago. kota v. Dole. This is where Federal ‘‘pressure dragging death in Texas, the drive-by If so, then what can a State do about turns into compulsion.’’ Moreover, the funds shooting case in 1992, the situation that to avoid being penalized the way I are not attached to a new program. The con- that produced Aimee’s law. There is al- just described? ditions are attached to funds that States ways something in the headlines of a Secondly, if a person is still serving have already satisfied conditions to receive tragic nature in criminal law. time, and the State knows it is going now and are being used for law enforcement Under Aimee’s law, if Tennessee, for to be penalized if he is released under purposes now. Prisons under construction example, tries somebody—let’s say for the State law because other States now might have to be abandoned if the murder or rape—and convicts them, States can no longer receive Federal funds might have a little more stringent law, for prisons unless they lengthen their sen- and that person serves their sentence what is going to happen next time that tences. Drug task forces, police assistance, under State law, under Tennessee law, person comes up to the parole board? prosecutorial assistance, all of which are and then they are released, and that Are they going to be looking at it ob- currently functional, would be jeopardized, person goes to Kentucky and commits jectively? causing possible loss of life and limb to the another similar criminal offense, here Or, better still, the question is, to citizenry, if States did not adopt Washing- is where the Federal Government the sponsors of this legislation: What ton’s sentencing policy in order to be sure to comes into play. The Attorney General about people who have already been continue receiving the money. That is coer- does this calculation and says, basi- convicted and already served their cion, not inducement. If the measure is retroactive only with re- cally, that unless Tennessee’s law time and have been out of jail now for spect to people who are released after 2002 under which this guy was convicted 15, 20 years, and they go to Kentucky for earlier committed crimes, the compul- provides for the average term of im- and kill somebody else? Does this apply sion is not as great, but is still very strong, prisonment of all the States—you look to them? If that is the case, there are as the State still faces unlimited liability for at all the States and say: What is the thousands and thousands and thou- any prisoners for future crimes committed average term of imprisonment for mur- sands of people in every State who over many years. To avoid that, a State der?—if Tennessee has a little less than have been convicted of crimes and are seeking to retain Federal funding might es- the average of all the other States, and now out of jail and going to other sentially, in the Supreme Court’s words, be ‘‘induced . . . to engage in activities which he goes to Kentucky and kills some- States. Are we going to go back and would themselves be unconstitutional,’’ such body else, then Tennessee has to pay calculate what the average law pro- as lengthening the sentences of those who Kentucky to apprehend the guy, to try vided for incarceration for all of those would otherwise be released, violating the ex the guy, and to incarcerate him for people? I think it is silent. post facto clause.

VerDate 11-MAY-2000 02:41 Oct 12, 2000 Jkt 089060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\CR\FM\G11OC6.126 pfrm01 PsN: S11PT1 October 11, 2000 CONGRESSIONAL RECORD — SENATE S10209 This wouldn’t be a direct length- people and information one State to standards for Federal crimes. States ening, but it would certainly have a po- another. ought to have the flexibility to choose tential effect with regard to, for exam- The Supreme Court strikes down with their limited resources. ple, parole board activities. So not only laws that States might want which We tax the citizens of the States at a do you have an ex post facto problem, might say another State can’t come in, rate unprecedented since World War II. you have a spending loss problem. The or where they are trying to impose We put mandates on States with which Supreme Court has held that Congress their will on another State outside we have been struggling, and we are can withhold money, unless the States their boundary. The commerce clause trying to back off that a little bit. We engage in the behavior that Congress promotes a free flow of commerce, but have all of these regulations we put on wants them to as they receive the under this particular law you are pit- the States. They have limited re- money. They don’t have to take the ting one State against another, calcu- sources most years. They are doing a money, but if they do, they have to lating to see if they can get some little better these days. They ought to take the strings attached to it. The Su- money from another State because have the right to decide for them- preme Court has basically upheld that. they have a different criminal law than selves—the people who elect their offi- The Supreme Court also said the condi- this other State had, and the Attorney cials—how they use those resources. tions that the Federal Government General of the Federal Government is If they want to spend more money for places on the use of the money must be the referee and she keeps the books on education, if they want to spend more unambiguous. The States must know all of that. That is a terrible idea. money for health care, if in the crimi- what they have to do in order to get Another policy reason is that nal area they want to spend more this money. Aimee’s law defeats the very purpose money for prevention, if they want to I submit that under the present case, that it is trying to carry out. Much of spend more for rehabilitation, those Aimee’s law, the States could not tell the money that will be withheld, if a are different things that different what they have to do in order to get State doesn’t comply with this Federal States are doing all across the country. this money because they are always mandate, will go for prisons. One of the We can see who has been successful and dealing with a moving target. If you re- reasons, presumably, why some States who has not been successful. member what I said a while ago, the have to turn people out before we That is the reason we have States. name of the game is for the States to would like is because of a lack of pris- That is the reason our Founding Fa- keep ratcheting up their incarceration on space. They are getting this Federal thers set up States. If we don’t allow them to do that, what is the use of hav- time so they are within the national money in order to help them with more ing them? Why do we have them? Why average. If they fall below that for prisons. their own good purposes, whatever the This is a very circular kind of situa- don’t we just go ahead and pass a Fed- reasons and circumstances—they want tion the Federal Government is cre- eral law for everything and abrogate to devote more money to prevention, ating. We are cutting them off from the States, if we don’t need that kind or they want to devote more to reha- money to do the very thing that is the of diversity and if we don’t need that kind of experimentation? bilitation instead of prisons, whatever reason we are cutting them off because The Federal Government would have their decisions might be—if they fall a they didn’t do it in the first place. It States keep people—let’s say the elder- little below, they are going to lose makes no sense whatsoever. There is ly—and have to make the tradeoff of their money. If they want to keep their no additional inducement—is the next using limited resources to keep people money, how high are they supposed to policy reason—under Aimee’s law for in jail who are, say, elderly and long raise their incarceration rates? Be- the States—other than to keep their past the time when you would think cause by the time they change their Federal money—for the States to com- they would be dangerous to people, but law and raise their incarceration rates ply with this Federal rule. keep them there on the off chance that for these various offenses, other States, We are concerned about people get- they might get out and commit a crime presumably, could be doing the same ting out of jail and committing other in another State, and so forth. It thing. You are always going toward a crimes. We are all concerned about doesn’t make any sense. moving target. Each State is trying to that. But seven out of eight crimes This is simply an indirect attempt by outstrip each other, and each State, if that are committed by people who have the Federal Government—by us, by the it wants to keep its money and not gotten out of jail happen in the States Congress—to get States in a bidding have to pay for 40 or 50 years for some- in which they were confined. So the war as to who can pass the most strin- body in another State—their incarcer- State of Tennessee has every reason in gent laws in all of these areas. That is ation expense—the safe thing for it to the world to want to have laws that are OK in and of itself. But it shouldn’t be do is ratchet up the time. The safest reasonable for the protection of its own done because we are threatening them thing for it to do would be to give life citizens and to keep people confined for to do it. We think we have the answers sentences without parole. a reasonable period of time for these to these problems, and we don’t. For some people, I think that is a crimes for the protection of their own I served on the Judiciary Committee good idea anyway. But is that some- citizens. Do they need any inducement a while back, and I was chairman of thing we ought to be forcing States to because one out of eight might go the Juvenile Justice Subcommittee for do with regard to any and all prisoners somewhere else and commit a crime a while. For anybody who deals in who come before them who are charged and that State might come back on criminal law, the first thing they have with this particular list of crimes? It is them? to come away with, if they are being a list that this Congress has decided is You have a situation here of par- fair about it, is a sense of great humil- the protected list—not anything else, ticular crimes. Murder, as defined ity. just this protected list. If the States under Federal law, could mean any- There is so much we do not know don’t comply, then they lose their Fed- thing from vehicular homicide on up. about what causes crime—why young eral money. So the States can’t tell So, presumably, someone could be con- people commit crimes, what the best what they are supposed to do in order victed of vehicular homicide in Ten- solution is, and so forth. My own view to keep their money. It is a very am- nessee and go to California and be con- is that we should spend a lot more biguous, bad piece of legislation. victed of first-degree murder; they are time, money, and research, and we There are policy reasons in addition both murder under the meaning of this should spend a lot more time, money, to what I have described and in addi- law. California could get Tennessee’s and effort in finding out what is going tion to the constitutional problems. It Federal money to incarcerate this guy on in these various communities pits one State against another. We are for the next however many years for around the country with the various supposed to be doing things to unify murder when he was only convicted of approaches communities and States this country—I thought. The Supreme vehicular homicide in Tennessee. have had and the various kinds of prob- Court and this Congress spends a lot of This has not been thought through. lems. It is very complex and very con- time and attention on implementing The Federal Government simply troversial. But that doesn’t stop us. the commerce clause, designed to make should not be setting the standards for Last time I checked, we had 132 pro- sure there is the free flow of goods and State crimes. They ought to set the grams on juvenile crime alone at the

VerDate 11-MAY-2000 02:41 Oct 12, 2000 Jkt 089060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\CR\FM\G11OC6.128 pfrm01 PsN: S11PT1 S10210 CONGRESSIONAL RECORD — SENATE October 11, 2000 Federal level without a clue as to Ten minutes equally divided between that, unfortunately, the Senate does whether or not any of them are work- the chairman and ranking minority not have the votes to override this ing or doing any good. My guess is that member of the full committee. veto. I still believe strongly that the some of them are probably counter- I further ask unanimous consent that energy and water appropriations con- productive. there be one amendment in order by ference report should not have been ve- A lot of people want to pass, as a part Senator DASCHLE, or his designee, re- toed and that there is a real threat of of a bill, to have youthful offenders garding the Treasury-Postal appropria- danger as a result of the provisions sentenced as adults. In some cases, if tions bill, and following the offering of that are in controversy. The vote in States want to do that, that is fine that amendment there be 10 minutes the Senate was 57–37, which is a very with me. But we were going to impose for debate to be equally divided in the strong vote. But at this point it ap- a requirement that all States sentence usual form, and no amendments be in pears there certainly would not be suf- youthful offenders as adults within cer- order to the amendment. ficient votes to override the Presi- tain categories until we found out that I further ask unanimous consent that dent’s veto. the way it plays out in some cases is following the vote relative to the Byrd I regret the veto. The Senate needs they would get less time as an adult amendment, Senator BOXER be recog- to proceed now to complete these ap- than they would in a juvenile facility. nized to offer up to two first-degree propriations bills, and therefore we There is just an awful lot we don’t amendments relative to environmental have had to go through the process as know. dredging, drinking water regulations, just be outlined in these previous unan- Why should we be forcing States to and Clean Air Act area designation, imous consent requests. Therefore, this adhere to some kind of a national standard as to how long a person ought and there be up to 30 minutes of debate consent addresses the immediate con- to serve for a list of crimes? If we real- on each amendment to be equally di- cern of the veto message entering the ly believe we ought to do that, why vided in the usual form, with no other Senate Chamber. don’t we just go ahead and do it di- amendments in order, and the amend- The PRESIDING OFFICER. Is there rectly? ments not be divisible. objection? We have seen the benefit of a system I further ask unanimous consent that Without objection, it is so ordered. our Founding Fathers established over following disposition of the amend- Mr. LOTT. Mr. President, while Sen- and over and over again. This is not ments just described, the bill be ad- ator DASCHLE is here, he may want to just textbook stuff. It has to do with vanced to third reading and passage make comments. I thank him again for power, and the use of power, and who is occur, all without any intervening ac- working to help get this agreement going to use power, and how con- tion or debate. worked out, as Senator REID certainly centrated you want it. It has to do with I further ask unanimous consent that has been helpful, and Senator BOND, innovation. It has to do with experi- the votes just described occur begin- chairman of the committee, and Sen- mentation. It has to do with good com- ning at 12:30 p.m. on Thursday and ator MIKULSKI, ranking member of the petition among the States. We have there be 2 minutes before each vote for HUD–VA appropriations subcommittee; seen welfare reform, education choice, explanation. they have done good work. competitive tax policies, and public- I further ask unanimous consent that As a result of these agreements, we private partnerships all thrive at the following the vote, the Senate insist on will be able to act tomorrow on the State level. Good things are happening. its amendment, request a conference HUD–VA appropriations bill, the en- This law is another step away from with the House, and the Chair be au- ergy and water appropriations bill, as all of that, another step toward Fed- thorized to appoint conferees on the will be modified to put in the agreed-to eral centralization and the monopo- part of the Senate, those conferees language with regard to section 103, lizing of criminal policy in this coun- being the entire subcommittee, includ- and we also will then have the Treas- try. I could not let this go and could ing Senators STEVENS and BYRD. ury-Postal appropriations bill included not let this pass without making that The PRESIDING OFFICER. Is there in this process. abundantly clear once again. objection? We will continue to work after this I yield the remainder of my time. Without objection, it is so ordered. vote at 4:30 to get an agreement with The PRESIDING OFFICER. The ma- f regard to the time and a vote on the jority leader. Defense authorization bill. We are Mr. LOTT. Mr. President, I thank UNANIMOUS CONSENT working through the difficulties which Senator THOMPSON for his consistency AGREEMENT—H.R. 4516 are probably on this side; maybe on and for the remarks he just made. I Mr. LOTT. Mr. President, I ask unan- both sides. We will try to work that don’t know that it will sway the vote, imous consent that immediately fol- out, and also a time when a vote will but it is certainly worth contemplating lowing the vote on the adoption of the occur on the Agriculture appropria- what he just said. HUD–VA bill on Thursday, the motion tions conference report. f to proceed to the motion to reconsider I will have to communicate some UNANIMOUS CONSENT the vote by which the conference re- more. I thought it important to go AGREEMENT—H.R. 4635 port to accompany H.R. 4516 was not ahead and get these agreements lined Mr. LOTT. Mr. President, after ex- agreed to be immediately agreed to, up. tensive collaboration with Senator and the vote occur on the conference I remind Members, we have two votes scheduled at 4:30. DASCHLE, we have come to this con- report immediately, without any inter- sensus which we believe is in the best vening action or debate. Mr. DASCHLE. I commend the ma- interests of all concerned. The PRESIDING OFFICER. Without jority leader for his work in reaching I ask unanimous consent that the objection, it is so ordered. this agreement and compliment and Senate proceed to Calendar No. 801, f thank Members on both sides of the H.R. 4635, the HUD–VA appropriations aisle. UNANIMOUS CONSENT AGREE- We have to be realists as we try to bill, on Thursday at 9:30 a.m., the com- MENT—H.R. 4733 VETO MESSAGE mittee substitute be agreed to, one finish our work at the end of this ses- amendment which will be offered by Mr. LOTT. Mr. President, I ask unan- sion. Being realists means we don’t get Senator BOND and Senator MIKULSKI be imous consent that the veto message it exactly the way we want it. Obvi- immediately agreed to, and the bill with respect to the conference report ously, many Members have serious time be limited to the following: accompanying H.R. 4733 be considered problems about the way we are pro- Fifteen minutes under the control of as having been read, printed in the ceeding. We, nonetheless, realize we Senator MCCAIN; RECORD and spread in full upon the have to get the work done. While it Five minutes under the control of Journal, and the message then be re- may not be pretty, it will get the work Senator KYL; ferred to the Appropriations Com- done. That is ultimately what we are Ten minutes equally divided between mittee. here to do. the subcommittee chairman and rank- Before the Chair grants this request, To clarify what this agreement does ing minority member; I would like to say to my colleagues with regard to some of the concerns

VerDate 11-MAY-2000 02:41 Oct 12, 2000 Jkt 089060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\CR\FM\G11OC6.130 pfrm01 PsN: S11PT1 October 11, 2000 CONGRESSIONAL RECORD — SENATE S10211 that some Members have raised, first agreed the vote would be set. I ask with us on this, through many of the and foremost, this allows for the com- unanimous consent to speak on the sex issues he has had on this. Senator pletion of the Treasury-Postal bill be- trafficking bill for up to 5 minutes. WELLSTONE and I have worked on the cause we address the IRS concern The PRESIDING OFFICER. Without trafficking. Senator BIDEN and Senator raised by the administration. We are objection, it is so ordered. HATCH have worked on the Violence very pleased that issue has been re- Mr. BROWNBACK. Mr. President, Against Women Act. This has been a solved and we are now able to go forth rather than not using the time, I true bipartisan and bicameral effort. at least from the point of view of the thought it wise to go ahead and use CHRIS SMITH and SAM GEJDENSON in the administration. Senator BYRD had the this time to visit about this important House, Republican and Democrat, have same concern I did about procedure. vote that will be taking place. There worked with us to get this through. This allows us technically to have may be some people who are just now Chairman HYDE of the Judiciary Com- taken up TPO on the floor, as Senator focusing on what is happening. mittee in the House has worked to get BYRD has strongly suggested we do and We have a base bill with sex traf- this on through. My staff, Karen Knud- as some Members proposed be done. ficking. The Violence Against Women sen and Sharon Payt, have worked very This allows us to do that, and we will Act is the base of the bill, and it is put hard. The outside advocacy groups do it in concert with the consideration together in an overall piece of legisla- range from Gloria Steinem to Chuck of HUD–VA. tion with the Trafficking Victims Pro- Colson in support of this legislation, Obviously, as I think everyone now tection Act of 2000, Aimee’s law, Jus- saying this is something we need to knows, section 103 of the energy and tice for Victims of Terrorism Act, and speak out about; this is something we water bill is very problematic for the the 21st Amendment Enforcement Act. need to do. administration and for some of us. This This is the combined bill soon to be I want to recognize the leader, TRENT understanding takes out section 103. voted on. LOTT. In these waning hours of the ses- We have accommodated a lot of the A point of order has been raised and sion, there are about 150 different bills concerns in reaching this agreement. ruled against by the Chair, and we will that want to get to the floor. Senator We will have a couple of amendments be voting on appealing the ruling of the LOTT has said this one is coming to the offered by Senator BOXER who has con- Chair. I hope my colleagues will vote in floor. Not only did he say it is coming cerns about the HUD–VA bill. This favor of the Chair and we will go to the to the floor, he gave us all day on Octo- reaches the level of understanding we final bill for a vote. To vote against the ber 11 to be able to carry this on have with regard to her concerns, as Chair and subtract Aimee’s law, sends through and get this through. This is well. the bill back to the House, and we precious time. It could have been spent Clearly, this is a compromise taking don’t have time to get this done. and was being pushed to be spent on a into account both the procedural as This is an important day for women number of different issues. Instead, well as the substantive concerns many and children subject to violence, both Senator LOTT said, no; we will go ahead Senators have had on both sides of the domestically and abroad. It is an im- and let this issue come forward. We aisle, and it accommodates those con- portant day that this body is going to will take the whole day debating it. cerns as best we can under these cir- follow the House and put in place need- People can be heard on this particular cumstances. ed protections for people, women and issue. Then we will have two votes at Again, I end where I began by compli- children, subject to this violence, both the end of the day. menting the majority leader, by ex- domestically and abroad. That is a great statement on his part It is an important day for those who pressing my appreciation for his work in support of women and children who have worked as advocacy groups and in trying to reach an accommodation are subject to these horrifying condi- defenders of the defenseless, including of some of these issues. I hope we can tions, both domestically and abroad. I people trafficked across international do more on other bills that are yet to applaud his effort and his leadership borders, with their papers burned and be considered. and his work getting this done. I yield the floor. told: You owe. I just came from a press conference Mr. REID. While the two leaders are This is important also for women in with Senator SANTORUM on Aimee’s on the floor, there is so much acrimony abusive relationships, physically abu- law, an important piece of legislation on the Senate floor, and there will be sive, who need help. concerning what happened to Aimee more in the future. At a time when we This addresses both of those issues. I Willard, an act perpetrated by a person have accomplished a great deal proce- think it is important this body, in the was released early from prison in Ne- durally, you two should be commended. waning days of this session, go out vada and went to Pennsylvania. She It has been difficult to arrive at this with a strong statement that we are was an all-American lacrosse player at point. This is one of the times where there with you; we are supporting George Mason University. She was we worked with some cooperation. those who are victimized in these situ- traveling, her car was taken over by There will be more difficulties before ations, domestically and abroad. We this guy who had been previously con- the session ends, but the two leaders are speaking out for those who, in victed and released early out of a Ne- are to be commended for the work done many cases, have no voice. vada prison, then he takes her, kidnaps today. I can still see the girls I met in Nepal her, rapes her, and murders her. I suggest the absence of a quorum. who were trafficked at 11 and 12 years The PRESIDING OFFICER. The of age, coming back to their home This is legislation that does not fed- clerk will call the roll. country and to their villages, 16, 17 eralize crimes, but it encourages States The legislative clerk proceeded to years of age, in terrible condition, hav- to step up and say: If a person is con- call the roll. ing been subjected to sex trafficking, victed of one of these crimes, keep him Mr. BROWNBACK. Mr. President, I beaten by brothel owners, in some in for at least 85 percent of what he ask unanimous consent that the order cases locked up at night, raped repeat- was sentenced for; or if they go to an- for the quorum call be rescinded. edly, and told, ‘‘You have to work this other State and commit this recidi- The PRESIDING OFFICER. Without off; I own you,’’ and then released to go vism crime, then the State that has to objection, it is so ordered. home when they contract horrible dis- prosecute and incarcerate this person, f eases. In not all cases that works that the criminal who did this, they can get way, but in too many cases it does part of the Federal moneys from the VICTIMS OF TRAFFICKING AND VI- work that way. State that let the person go free early. OLENCE PROTECTION ACT OF This body is speaking today. We are I think it is a sensible approach to 2000—CONFERENCE REPORT—Con- speaking on behalf of those who are so try pushing this on forward. It is a tinued defenseless in these particular types of good piece of legislation. It is some- Mr. BROWNBACK. Mr. President, I situations. thing that deserves passage. Here in know under the unanimous consent I want to recognize some people who these waning hours of this session, I agreement Senator THOMPSON would have been particularly helpful on this. would just say I am very pleased to be have the time until 4:30 when it was Senator LEAHY has worked very hard a part of this body that would stand up

VerDate 11-MAY-2000 02:41 Oct 12, 2000 Jkt 089060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\CR\FM\G11OC6.133 pfrm01 PsN: S11PT1 S10212 CONGRESSIONAL RECORD — SENATE October 11, 2000 and speak out and step forward on im- western plants. All of our hospitals SAM BROWNBACK is devoted to helping portant legislation like this for the de- also spend money for tests for res- less fortunate citizens, whether they fenseless, for the voiceless, for those piratory problems for children exposed are farmers struggling to keep their who are in harm’s way. I applaud that. to ozone-thick air, air that drifts into farms in Kansas or the helpless women I hope my colleagues will vote as the Vermont from the urban centers to the and children caught up in the traf- House did, overwhelmingly, for this south and west. ficking of human beings. I salute Sen- legislation. It passed in the House 371– I would like to put the Senate on no- ator BROWNBACK for his remarkable ef- 1. tice that when the Senate considers forts. If I can encourage you any more, I any amendments to the Clean Air Act, Also of particular significance is a say pull out a picture from your bill- I will consider offering an amendment provision authored by Congressman fold, pull out a picture of a child or that will hold states responsible for the BILL MCCOLLUM of Florida, which will grandchild. Those are the ages, some- cost of the pollution they generate and assist victims of terrorism. Senator where between 9 and 15, who are the which falls downwind. It will be inter- MACK and others who have had a long- most frequently trafficked victims. esting to see whether the supporters of standing interest in this issue were in- Young ages. Aimee Willard was a the logic behind Aimee’s law will sup- strumental in helping this provision young age—not quite that young. But port a Federal Government mandate find a place in the conference report. you get young ages of people who are that Vermont be paid by midwestern The provision helps families struck by subjected to this. We are stepping up states for every ton of uncontrolled the horrors such as the attack on Pan and doing something on their behalf. pollution that crosses into our state Am 103 get fair restitution, coming in Mr. President, I thank my colleagues and results in costs to our environment part from the frozen assets of terrorist for the time I have been able to use for and our citizens. states. I provide this background to high- this. I urge the President to sign this The conference report is a solid and light the underlying problems with legislation when it gets to his desk. I effective measure to help the victims Aimee’s law. While done with the best am hopeful he will. I do not know of of violence and abuse, the kind of abuse any reason he would not sign this legis- of intentions, the solution achieved with this provision is on questionable which is nothing short of evil. Those lation. This will be a major accom- victims are most often women and plishment of this Congress that is constitutional ground and has the po- tential to set a precedent that will children, and this legislation goes a going to be completed at this time. ∑ have far reaching implications for long way to protect them. I yield the floor. ∑ Mrs. FEINSTEIN. Mr. President, I Mr. LEAHY. Mr. President, there is many issues Congress will address in rise to support the Victims of Traf- an interesting precedent being set as the future. ∑ ficking and Violence Protection Act of the Senate considers adopting Aimee’s Mr. HELMS. Mr. President, this con- 2000 conference report. While I have law as part of the conference report on ference report is a splendid example of some reservations of some parts of the the Sex Trafficking Act. The sup- Congress reasserting its moral under- conference report, I am pleased that a porters of Aimee’s law argue that pinning in U.S. foreign policy. It will number of important provisions have states have a financial responsibility effectively combat the disgrace of been included. regarding the protection, or lack of women and children being smuggled, I would like to focus my comments protection, offered by state law. bought and sold as pathetic commod- I have expressed my concerns about ities—most often for the human beasts today on three specific provisions of Aimee’s law and I want to put my col- who thrive on prostitution. this report: the Violence Against leagues on notice. If Congress and the The conference report deals with all Women Act of 2000, the Justice for Vic- President determine that this Act will aspects of sex trafficking, from helping tims of Terrorism Act, and the Twen- victims to punishing perpetrators. become law, there are important rami- ty-First Amendment Enforcement Act. Significantly, the legislation calls on fications that should be reflected in fu- I strongly supported the Violence the executive branch to identify clear- Against Women Act when we passed it ture legislation on many issues. ly the nations where trafficking is the For example, the application of the 6 years ago. VAWA was the most com- most prevalent. For regimes that know Aimee’s law standard to state responsi- prehensive bill ever passed by Congress there is a problem within their borders, bility should also be applied to pollu- to deal with the corrosive problem of but refuse to do anything about it, tion and waste that also crosses state domestic violence. I believed then and there will be consequences. borders. I think it will be interesting believe now that this legislation was No country has a right to foreign aid. long overdue. to see in the future whether supporters The worst trafficking nations must of Aimee’s law will also support efforts For far too long, there has been an have such U.S. aid cut off. And if they attitude that violence against women to make states responsible for air pol- don’t receive U.S. bilateral aid, then is a ‘‘private matter.’’ If a woman was lution that is generated in their states their officials will be barred from com- mugged by a stranger, people would be but falls downwind on other states to ing onto American soil. Our principles outraged and demand action. However, damage the environment and endanger demand these significant and impor- if the same woman was bruised and the health of children and individuals tant symbolic steps. who suffer from asthma. Some may complain that this is an- battered by her husband or boyfriend, My colleagues in the Northeast will other ‘‘sanction’’ in the alleged pro- they would simply turn away. all recognize this issue—we are collec- liferation of sanctions Congress passes. Attitudes are hard to change. But I tively suffering from the damage in- But denying taxpayer-supported for- believe that VAWA has helped. flicted on our forests, waterways, and eign aid is not a ‘‘sanction.’’ Foreign In the last 5 years, VAWA has en- public health every day by the tons of aid is not an entitlement. hanced criminal penalties on those who uncontrolled pollution emitted from I commend Senator BROWNBACK for attack women, eased enforcement of power plants in the midwest. In 1997, his unyielding efforts to help the vic- protection orders from State to State, out of the 12,000,000 tons of acid-rain tims of sex trafficking, which is noth- and provided over $1.6 billion over 6 causing sulfur dioxide emitted by the ing less than modern-day slavery. The years to police, prosecutors, battered United States, Vermont was the source inevitable controversies over dif- women’s shelters, a national domestic of only ten—or 0.00008%. Yet my state ferences between House and Senate violence hotline, and other provisions suffers disproportionately from the ec- bills were ironed out because of Sen- designed to catch and punish batterers ological and financial damage of acid ator BROWNBACK’s leadership. and offer victims the support they need rain, from stricken sugar maple trees Time and again, Senator BROWNBACK to leave their abusers. to fishless lakes and streams. Vermont, personally intervened with conferees, The Violence Against Women Act like many other New England states, with our colleagues on the Judiciary works. A Department of Justice study spends significant funds to test fish for Committee, and with the House and recently found that, during the 6-year mercury and issue fish advisories when Senate leadership in order to obtain period that VAWA has been in effect, levels are too high—mercury that also agreement on this important legisla- violence against women by intimate has its source at uncontrolled mid- tion. partners fell 21 percent.

VerDate 11-MAY-2000 02:41 Oct 12, 2000 Jkt 089060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\CR\FM\G11OC6.135 pfrm01 PsN: S11PT1 October 11, 2000 CONGRESSIONAL RECORD — SENATE S10213 However, the same study found that on intimate partner violence found Since LACAAW receive VAWA much more work remains to be done. that women between the ages of 16 and money in 1997, it has seen a 64 percent For example: 24—prime dating ages—are the most increase in the number of victims Since 1976, about one-third of all likely to experience violence within served. Moreover, its rape prevention murdered women each year have been their relationships. education program services have dou- killed by their partners; VAWA has been particularly impor- bled in this period. Moreover, women are still much tant to my own state of California. In the last 5 years, Women Escaping more likely than men to be attacked VAWA funds have trained hundreds of a Violent Environment, WEAVE, a vic- by their intimate partners. During California police officers, prosecutors, tim service provider in Sacramento, 1993–1998, women victims of violence and judges. They have provided Cali- has doubled its legal advocacy efforts were more than seven times more like- fornia law enforcement with better evi- and crisis and referral services. It re- ly to have been attacked by an inti- dence gathering and information shar- sponds to over 20,000 domestic violence mate partner than male victims of vio- ing equipment. and sexual assault calls to its crisis lence. VAWA funds have also hired victims’ line annually and 35 requests for legal VAWA 2000 will help us complete advocates and counselors in scores of services daily. that work. This legislation would do California cities. They have provided In Alameda County, the district at- three things. an array of services to California torney’s office has used VAWA funds to First, the bill would reauthorize women and children—from 24-hour hot- institute comprehensive training re- through fiscal year 2005 the key pro- lines to emergency transportation to garding the investigation and prosecu- grams in the original Violence Against medical services. tion of domestic violence and stalking Women Act. These include STOP I have heard numerous stories from cases. Two hundred sixty prosecutors grants, pro-arrest grants, rural domes- women in California who have bene- in Alameda and Contra Costa county tic violence and child abuse enforce- fitted from VAWA. For instance, one and 350 police officers in Alameda ment grants, the national domestic vi- woman wrote to me to how she fled country have been trained. The result: olence hotline, and rape prevention and from an abusive relationship but was 30 new stalking cases and numerous education programs. The bill also reau- able to get food, clothing, and shelter new domestic violence cases being in- thorizes the court-appointed and spe- for her and her four children from a vestigated and prosecuted just in 3 cial advocate program, CASA, and VAWA-supported center. If it was not months. other programs in the Victims of Child for VAWA, she wrote, ‘‘I would have Lideres Campasinas has used VAWA Abuse Act. lost my four children because I didn’t money to establish itself in 12 commu- Second, the bill makes some im- have anywhere to go. I was homeless nities in California and has trained provements to VAWA. These include: with my children.’’ 25,000 immigrant and migrant women. Funding for grants to help victims of And the head of the Valley Trauma Before it received this money, Lideres domestic violence, stalking, and sexual Center in Southern California wrote Campasinas did not address the prob- assault who need legal assistance be- me about another tragic case. Four lem of domestic violence among farm- cause of that violence; men kidnaped a woman as she walked worker women. Now, three tribal orga- Assistance to states and tribal courts to her car and raped her repeatedly for nizations and 4 States have contacted to improve interstate enforcement of many hours. Incredibly, because the it about setting up similar programs in civil protection orders, as required by men accused the victim of having sex their jurisdictions. the original Violence Against Women with them voluntarily and one of the The California Coalition Against Act; men was underage, the woman herself Sexual Assault’s Rape Prevention Re- Funding for grants to provide short- was charged with having sex with a source Center has, using VAWA money, term housing assistance and short- minor. As a result, the woman lost her assembled over 4,000 items focused ex- term support services to individuals job. Fortunately, the center, using clusively on issues related to violence and their dependents fleeing domestic VAWA funds, was able to intervene. against women in the U.S. Over 4,000 violence who are unable to find quickly They helped get the charges against items are currently available in its secure alternative housing; the victim dismissed and assisted the lending library. A provision providing supervised visi- woman through her trauma. In short, VAWA 2000 renews our com- tation of children for victims of domes- There is no question that VAWA has mitment to fighting violence against tic violence, sexual assault, and child made a real difference in the lives of women and children. I am delighted to abuse to reduce the opportunity for ad- tens of thousands of women and chil- support its passage today. ditional domestic violence during visi- dren in California. Let me give you Let me also say a few words about tations; some more examples: the Justice for Victims of Terrorism A provision strengthening and refin- Through VAWA funding, California Act, which is also in the conference re- ing protections for battered immigrant has 23 sexual assault response teams, 13 port. women; and violence response teams, and scores of I strongly support this bill, which An expansion of several of the pri- domestic violence advocates in law en- will help American victims of ter- mary grant programs to cover violence forcement agencies throughout the rorism abroad collect court-awarded that arises in dating relationships. state. These teams have responded to compensation and ensures that the re- I was disappointed that the con- hundreds of incidents of domestic vio- sponsible State sponsors of terrorism ference did not agree to extend the re- lence, saving lives and helping protect pay a price for their crimes. cently expired Violent Crime Reduc- California women and children from Just let me talk about one example tion Fund. The money for the trust abuse. of why this new law is necessary. fund comes from savings generated by Since 1997, eight counties in Cali- In 1985, David Jacobsen was residing reducing the Federal workforce by fornia have developed stalking and in Beirut, Lebanon, and was the chief more than 300,000 employees, and it threat assessment teams, STATs. Since executive officer of the American Uni- was the primary source of money for VAWA was enacted, there has been a versity of Beirut Medical Center. His VAWA programs. This will mean that 200-percent increase in the number of life would soon take a dramatic and ir- VAWA will likely be funded directly by felony stalking cases filed by the Los reversible change for the worse, and he tax revenues. Angeles District Attorney. would never again be the same. However, I am pleased that the con- Within 2 weeks of launching an Shortly before 8:00 a.m. on May 28, ference agreed to restore language that antistalking educational campaign 1985, Jacobsen was crossing an inter- would allow grant money to be used to using VAWA money, the Los Angeles section with a companion when he was deal with dating violence. Without this Commission on Assaults Against assaulted, subdued and forced into a language, women could not benefit Women, LACAAW, received about 40 van by several terrorist assailants. He from VAWA unless they cohabited with calls to its crisis hotline. These calls was pistol-whipped, bound and gagged, their abusers. That makes no sense. In resulted in numerous investigations by and pushed into a hidden compartment fact, the Department of Justice study the local STAT. under the floor in the back of the van.

VerDate 11-MAY-2000 02:41 Oct 12, 2000 Jkt 089060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\CR\FM\G11OC6.114 pfrm01 PsN: S11PT1 S10214 CONGRESSIONAL RECORD — SENATE October 11, 2000 Jacobsen was held by these men, abroad. Under current Federal law, if Second, it eliminates the gaps and in- members of the Iranian-backed there is a terrorist attack against consistencies in Federal and State vic- Hizballah, for 532 days—nearly a year Americans abroad, the victims and tims’ services statutes that result in and a half. He was held in darkness and their families must generally go to the disparate treatment of similarly situ- blindfolded during most of that time, victims’ services agencies in their ated victims of terrorism. The amend- chained by his ankles and wrists and home States to receive assistance and ment provides OVC with much more wearing nothing but undershorts and a compensation. However, victims’ serv- flexibility to assist victims of ter- t-shirt. He has said in the past that he ices vary widely from State to State, rorism directly, avoiding unfair re- was allowed to see sunlight just twice and some overseas victims receive no sults. in those 17 months. relief at all because they cannot estab- Third, it cuts redtape that has unnec- The food during his captivity was lish residency in a particular State. essarily delayed services to victims of meager—sometimes the guards would Let me give you a couple of real-life terrorism. even spit in his food before handing it examples created by current law: Specifically, the Leahy-Feinstein over. Two American victims, standing lit- amendment: Jacobsen was subjected to regular erally yards apart, were injured in the Authorizes OVC to establish a ter- beatings, and often threatened with bombing at the U.S. Embassy in rorism compensation fund and to make immediate death. He was forced to lis- Kenya. Each received severe injuries, direct payments to American citizens ten as fellow captives were killed. was permanently disabled, and spent 7 and noncitizen U.S. Government em- As a result of this physical and men- months recovering at the same hos- ployees for emergency expenses related tal torture, Jacobsen has been under pital. However, because the two were to terrorist victimization. The money continuous treatment for residents of different States, they re- would be used to pay emergency travel posttraumatic stress disorder since his ceived very different victims’ assist- expenses, medical bills, and the cost of release in November of 1986—nearly 13 ance: one received $15,000 in compensa- transporting bodies. years ago. tion and one $100,000. And one waited a Allows OVC to pay for direct services In August of 1998, David Jacobsen week for a decision on the money and to victims, regardless of where a ter- was awarded $9 million by a U.S. Fed- the other 5 months. rorist attack occurs. This includes eral Court. The judgement was against Another American was also severely counseling services, a victims’ website, the Government of Iran, and pursuant injured in the embassy bombings. Be- and closed-circuit TV so victims and to a bill that Congress signed in 1996 al- cause he was not able to establish resi- their families can monitor trial pro- lowing victims of foreign terrorism to dency in a particular State, he could ceedings. recover against terrorist nations. not receive any victims’ assistance or Raises the cap on OVC’s emergency But David Jacobsen has collected compensation at all. In fact, because he reserve fund from $50 million to $100 nothing. He cannot go to Iran to ask lacked health insurance, he had to pay million. This would enable OVC to ac- for the verdict. And our own Govern- his medical bills himself. cess additional funds in the event of a ment has essentially turned its back. The Office for Victims of Crime has terrorist attack involving massive cas- Some have estimated the United States been able to get around the problem in ualties. Government has frozen more than a certain cases by transferring money to Makes it easier for OVC to replenish billion dollars of Iranian assets. Yet the FBI or U.S. attorney’s offices, its emergency reserve fund with money not one cent has been paid to David Ja- which then transfer the money to vic- that it de-obligates from its other cobsen. The administration has in- tims. However, this cannot be done in grant programs. voked waiver after waiver—even as some situations. Moreover, even where Expands the range of organizations Congress has modified the 1996 bill to such transfers can be done, OVC and that OVC may fund to include the De- clarify our intent. the victims have run into a lot of red- partment of State, Red Cross, and oth- The same has been true for others tape and delays. An example: ers. victimized by agents of designated ter- Because of current law, OVC was not I would like to thank Senator LEAHY rorist-sponsoring nations, including able to respond directly to the needs of for his leadership on this issue. While Alisa Flatow, Terry Anderson, Joseph victims of the embassy bombings. So he and I have sometimes disagreed on Ciccippio, Frank Reed, Matthew they transferred money to the Execu- how to address the lack of victims’ Eisenfeld, Sarah Duker, Armando tive Office of the U.S. attorneys, which rights in this Nation, I am glad that we Alejandre, Carlos A. Costa, and Mario then transferred the money to the were able to work together to pass this de la Pena. State Department, which then trans- important amendment. The legislation included in this con- ferred the money to the victims. This Finally, I would like to discuss one ference report replaces the waiver au- triple transfer took 8 months. In the last provision of this conference report. thority in current law to make it both meantime, the victims and their fami- Specifically, I want to address the so- more clear, and more narrow. It is my lies had to pay medical bills, transpor- called Twenty-First Amendment En- hope that once Congress has again spo- tation costs, funeral expenses, and forcement Act, S. 577, now included as ken on this issue, money frozen from other expenses themselves. part of this conference report. I want it terrorist nations will finally begin to The Leahy-Feinstein amendment will to be perfectly clear that this provision flow to the victims of those terrorist immediately benefit terrorist victims. is simply a jurisdictional statute with acts. For example, the amendment ensures a very narrow and specific purpose. The The Justice for Victims of Terrorism that the OVC can assist victims di- bill is not intended to allow the en- Act also contains an amendment au- rectly with regard to the upcoming forcement of invalid or unconstitu- thored by Senator LEAHY and myself trial in New York City of the individ- tional State liquor laws in the Federal that will offer more immediate and ef- uals who allegedly bombed our embas- courts, and is certainly not intended to fective assistance to victims of ter- sies in Kenya and Tanzania. allow States to unfairly discriminate rorism abroad, such as those Ameri- The Leahy-Feinstein amendment against out-of-State sellers for the pur- cans killed or injured in the embassy fixes the problem in three ways. poses of economic protectionism. bombings in Kenya and Tanzania and First, it creates a single, centralized The Twenty-First Amendment En- in the Pam Am 103 bombing over agency to help victims of terrorism forcement Act would add a new section Lockerbie, Scotland. This amendment abroad. This agency—OVC—has more (section 2) to the Webb-Kenyon Act, does not involve any new funding; all expertise and resources to help over- granting Federal court jurisdiction to the money for victims would come out seas terrorism victims than a typical injunctive relief actions brought by of the existing emergency reserve fund State victims’ services agency. For ex- State attorneys general seeking to en- for the Department of Justice’s Office ample, OVC can much more easily get force State laws dealing with the im- for Victims of Crime, OVC. information from U.S. and foreign gov- portation or transportation of alco- The Leahy-Feinstein amendment ernment agencies to process victims’ holic beverages. It is important to em- aims to provide faster and better as- claims than, say, the Wyoming Victim phasize that Congress is not passing on sistance to victims of terrorism Services Division. the advisability or legal validity of the

VerDate 11-MAY-2000 04:50 Oct 12, 2000 Jkt 089060 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\CR\FM\G11OC6.116 pfrm01 PsN: S11PT1 October 11, 2000 CONGRESSIONAL RECORD — SENATE S10215 many State laws dealing with alcoholic favoring instate businesses, discrimi- clause, the supremacy clause, the ex- beverages. Whether a particular State nate against out-of-state sellers or oth- port-import clause, the equal protec- law on this subject is a valid exercise erwise burden interstate commerce. tion clause, the establishment clause of State power is, and will continue to Economic discrimination is not a core and the first amendment. be, a matter for the courts to decide. purpose of the 21st amendment. The substitute to S. 577 offered in the As you know, the powers granted to Earlier this year, when the Senate Judiciary Committee by Senator the States under section 2 of the 21st Judiciary Committee considered S. 577, HATCH also made a number of other amendment are not absolute. As the I offered an amendment to the ‘‘Rules positive changes in this legislation. Supreme Court has made clear since of Construction’’ section of Senator Federal court jurisdiction is granted 1964, State power under the 21st amend- HATCH’s substitute to S. 577. The only for injunctive relief actions by ment cannot be read in isolation from amendment was intended to clarify State attorneys general against alleged other provisions in the Constitution. In that Congress recognizes the important violators of State liquor laws. How- Hostetter v. Idlewild Bon Voyage Liq- line of cases I have described today and ever, actions in Federal court are not uor Corporation, 377 U.S. 324 (1964), the does not intend to tip or alter the crit- permitted against persons licensed by Court began to use a ‘‘balancing test’’ ical balance between the 21st amend- that State, nor are they permitted or ‘‘accommodation test’’ to determine ment and other provisions in the Con- against persons authorized to produce, whether a state liquor law was enacted stitution, such as the commerce clause. sell, or store intoxicating liquor in to implement a ‘‘core power’’ of the I also thought it was important that that State. 21st amendment or was essentially an we make it clear that, in passing this The Hatch substitute also made effort to unfairly regulate or burden jurisdictional statute, we are neither other changes ensuring that the bill interstate commerce with an inad- endorsing any existing State liquor tracks the due process requirements of equate connection to the temperance laws nor prejudging the validity of any rule 65 of the Federal Rules of Civil goals of the second section of the 21st State liquor laws. In making a decision Procedure concerning suits for injunc- amendment. as to whether to issue an injunction, tive relief in Federal court. Under sub- The Court said in Hostetter that the Federal judge will look at the un- section 2(b), a State attorney general ‘‘[B]oth the 21st amendment and the derlying State statute and determine must have ‘‘reasonable cause’’ to be- commerce clause are parts of the same whether or not it has been violated and lieve that a violation of that State’s Constitution. Like other provisions of whether it is a constitutionally permis- law regulating the importation or the Constitution, each must be consid- sible exercise of State authority. transportation of intoxicating liquor ered in the light of the other, and in The committee adopted my amend- has taken place. Further, under sub- the context of the issues and interests ment by a unanimous voice vote and section 2(d)(1) the burden of proof is on at stake in any concrete case.’’ The the language of subsection 2(e) now re- the State to show by a preponderance Court in that case also emphasized flects the committee’s intent. It states of the evidence that a violation of that to draw the conclusion that the that this legislation is to be construed State law has occurred. Similarly, sub- 21st amendment has repealed the com- only to extend the jurisdiction of the section 2(d)(2) makes it clear that no merce clause, would be ‘‘patently bi- Federal courts in connection with a preliminary injunction may be granted zarre’’ and ‘‘demonstrably incorrect.’’ State law that is a valid exercise of except upon evidence: (A) dem- Subsequently, in a series of other de- State power: (1) under the 21st amend- onstrating the probability of irrep- cisions over the last 35 years, the Su- ment of the U.S. Constitution as such arable injury; and (B) supporting the preme Court has held that the 21st an amendment is interpreted by the probability of success on the merits. amendment does not diminish the force Supreme Court of the United States, Also, under subsection 2(d)(3) no pre- of the supremacy clause, the establish- including interpretations in conjunc- liminary or permanent injunction may ment clause, the export-import clause, tion with other provisions of the U.S. be issued without notice to the adverse the equal protection clause, and, again, Constitution; and (2) under the first party and an opportunity for a hearing the commerce clause; nor does it section of the Webb-Kenyon Act as in- on the merits. While the legislation abridge rights protected by the first terpreted by the Supreme Court of the makes it clear that an action for in- amendment. United States. Further, S. 577 is not to junctive relief under this act is to be In case after case (Capital Cities be construed as granting the States tried before the Court without a jury, Cable, Inc. v. Crisp, 467 U.S. 691, 712 any additional power. at the same time a defendant’s rights (1984) (supremacy clause); Larkin v. The legislative history of both the to a jury trial in any separate or subse- Grendel’s Den, Inc., 459 U.S. 116, 122 Webb-Kenyon Act and the second sec- quent State criminal proceeding are in- (1982) (establishment clause); Depart- tion of the 21st amendment reflect the tended to be preserved. ment of Revenue v. James Beam Co., fact that Congress intended to protect The amendments adopted in the Ju- 377 U.S. 341 (1964) (export-import the right of the individual States to diciary Committee bring both balance clause); Craig v. Boren, 429 U.S. 190, 209 enact laws to encourage temperance and fairness to this legislation. As (1976) (equal protection); Bacchus Im- within their borders. So both before amended, the Twenty-First Amend- ports, Ltd. v. Dias, 468 U.S. 263, 275 the establishment of nationwide prohi- ment Enforcement Act will assist in (1984) (commerce clause); 44 bition and after its repeal, the States the enforcement of legitimate State Liquormart, Inc. v. Rhode Island, 517 have been free to enact statewide pro- liquor laws that are genuinely about U.S. 484, 516 (1996) (first amendment)), hibition laws, and to enact laws allow- encouraging temperance or prohibiting the Court has made it clear that the ing the local governments (i.e. coun- the sale of alcohol to minors. At the powers granted to the States under the ties, cities, townships, etcetera) within same time, the amended bill reflects a 21st amendment must be read in con- their borders to exercise ‘‘local option’’ recognition on the part of the Judici- junction with other provisions in the restrictions on the availability of alco- ary Committee, the Senate, and the Constitution. holic beverages. Further, the States Congress that S. 577 is solely a jurisdic- In Bacchus Imports, the Court stated are also free to enact laws limiting the tional statute and is not intended to that the 21st amendment was not de- access of minors to alcoholic beverages allow the enforcement of invalid or un- signed ‘‘to empower States to favor under their police powers. constitutional State liquor laws in the local liquor industries by erecting bar- The language in subsection 2(e) rein- Federal courts.∑ riers to competition.’’ Nor are State forces the Supreme Court decisions Mrs. LINCOLN. Mr. President, I rise laws that constitute ‘‘mere economic holding that the 21st amendment is not today to express my support for two protectionism . . . entitled to the same to be read in isolation from other pro- very important pieces of legislation to deference as laws enacted to combat visions contained in the U.S. Constitu- the women of this country: the Vio- the perceived evils of an unrestricted tion. These cases have recognized that lence Against Women Act and the Na- traffic in liquor.’’ The Bacchus decision State power under section 2 of the 21st tional Breast and Cervical Cancer stands for the legal principle that the amendment is not unlimited and must Treatment Act. 21st amendment cannot be used by the be balanced with the other constitu- Combating domestic violence and States to justify liquor laws which, by tional rights protected by commerce child abuse has been a top priority for

VerDate 11-MAY-2000 04:50 Oct 12, 2000 Jkt 089060 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\CR\FM\G11OC6.117 pfrm01 PsN: S11PT1 S10216 CONGRESSIONAL RECORD — SENATE October 11, 2000 me. I am an early cosponsor of the Vio- sources for education and outreach, to The reason for this is simple. An in- lence Against Women Act of 2000 . . . help more women across the state. stitution’s law enforcement unit will And I joined with my colleagues in 1994 Unfortunately, Mr. President, the have the most direct responsibility for to pass the Violence Against Women fight to enact this legislation is not protecting that school’s community Act, making it clear that violence over. and daily contact with those that against women is unacceptable. After a 421–1 passage in the House in should be informed about the presence Changing our laws and committing May, this critical bill passed the Sen- of the convicted offender. $1.6 billion over six years to police, ate on Wednesday, October 4, 2000 by If an institution does not have a cam- prosecutors, and battered women shel- unanimous consent. It now must go pus police department, or other form of ters has helped America crack down on back to the House of Representatives state recognized law enforcement agen- abusers and extend support to victims. for a vote on the Senate-passed version cy, the sex offender information could My home state of Arkansas has re- and then be sent to the President for then be shared with a local law en- ceived almost $16 million in resources his signature. I urge my colleagues in forcement agency having primary ju- to help women who have been or are the House to move on this legislation, risdiction for the campus. being abused. This money has made a so that the President can sign it into In order to ensure that the informa- tremendous difference to women and law. tion is readily accessible to the campus their families in Arkansas. And I also urge all of the women in community, the Campus Sex Crimes According to the Department of Jus- my state to get screened this month. Prevention Act requires colleges and tice, fewer women were killed by their Every three minutes a woman is diag- universities to provide the campus husbands or boyfriends in the first two nosed with breast cancer, and every 12 community with clear guidance as to years after the Act’s passage than in minutes a woman dies from breast can- where this information can be found, any year since 1976. We cannot stop cer. Early detection is key. and clarifies that federal laws gov- this progress now. I hope the women of Arkansas, espe- By voting to continue the Violence cially if they have a family history of erning the privacy of education records Against Women Act, we send a signal the disease, will take time during Na- do not prevent campus security agen- to women across the country that they tional Breast Cancer Awareness Month cies or other administrators from dis- and their children will have options to to take a step that could save their closing such information. chose from and a support network to lives. The need for such a clarification was rely on when they leave an abusive re- Mr. KYL. Mr. President, I would like illustrated by an incident that oc- lationship. It also reinforces the mes- to briefly describe one item I was very curred last year at Arizona State Uni- sage to abusers that their actions will pleased to see included in this legisla- versity when a convicted child mo- not be tolerated or ignored. tion. The item to which I refer is a pro- lester secured a work furlough to pur- I am also glad to see the Act ex- posal of mine, the Campus Sex Crimes sue research on campus. University of- panded to include funding for transi- Prevention Act. I would like to thank ficials believed that the federal privacy tional housing for women and children Chairman HATCH and Senator BIDEN for law barred any disclosure of that fact. who are victims of violence, as well as their cooperation in getting this pro- Without a clear statement that resources for specific populations such posal included in the Violence Against schools are free to make this informa- as Native Americans and the elderly Women Act, which has now been incor- tion available, questions will remain . . . Mr. President, I’d also like to take porated into the Trafficking Victims about the legality of releasing sex of- a minute to recognize National Breast Protection Act. fender information. The security unit Cancer Awareness Month and to call on The purpose of this provision is to at Arizona State and its counterparts the House to pass the National Breast guarantee that, when a convicted sex at a number of other colleges asked for and Cervical Cancer Treatment Act. offender enrolls or begins employment this authority, and we should give it to This bill will provide treatment to at a college or university, members of them. low-income women screened and diag- the campus community will have the The House of Representatives passed nosed through the CDC National Breast information they need to protect them- a similar provision—authored by Con- and Cervical Cancer Early Detection selves. Put another way, my legislation gressman MATT SALMON—earlier this Program. ensures the availability to students year. Since then, I—along with Con- Since 1990, the Centers for Disease and parents of the information they gressman SALMON—have worked to ad- Control’s National Breast and Cervical would already receive—under Megan’s dress the concerns that some in the Cancer Early Detection Program Law and related statutes—if a reg- higher education community had about screens and diagnoses low-income istered sex offender were to move into possible unintended consequences of women for breast and cervical cancer, their own neighborhood. this legislation. I am pleased to report but does not guarantee them treatment Current law requires that those con- that, in the course of those negotia- once diagnosed. victed of crimes against minors or sex- tions, we were able to reach agreement Nationwide, thousands of women are ually violent offenses to register with on language that achieved our vital ob- caught in a horrible federal loophole— law enforcement agencies upon their jectives without exposing colleges to they are told they have a deadly dis- release from prison and that commu- excessive legal risks. ease with no financial hope for treat- nities receive notification when a sex For the helpful role they played in ment. offender takes up residence. The Cam- those discussions, I must thank not The American Cancer Society esti- pus Sex Crimes Prevention Act pro- only Senator HATCH, Senator BIDEN, mates that in the year 2000, 400 women vides that offenders must register the and Congressman SALMON, but Sen- in Arkansas will die of breast cancer, name of any higher education institu- ators JEFFORDS and KENNEDY, the and 1,900 women will be diagnosed with tion where they enroll as a student or Chairman and Ranking Member of the it. commence employment. It also re- Senate Committee on Health, Edu- Luckily, my home state is currently quires that this information be cation, Labor and Pensions. administering an effective breast can- promptly made available to law en- cer screening program for uninsured forcement agencies in the jurisdictions I appreciate the opportunity briefly women. This program has helped im- where the institutions of higher edu- to describe what I have tried to accom- prove the rate of early diagnosis and cation are located. plish with this amendment. also provides financial assistance for Here is how this should work. Once Mr. JOHNSON. Mr. President, I am treatment. information about an offender’s enroll- pleased the Senate today will vote on However, right now, the CDC pro- ment at, or employment by, an institu- legislation to reauthorize the land- gram reaches only 15 percent of eligible tion of higher education has been pro- mark Violence Against Women Act. women . . . vided to a state’s sex offender registra- The legislation is part of a larger bill Through the Breast and Cervical tion program, that information should that also helps end the trafficking of Cancer Treatment Act, Arkansas would be shared with that school’s law en- women and children into international benefit from being able to free up re- forcement unit as soon as possible. sex trades, slavery, and forced labor.

VerDate 11-MAY-2000 03:20 Oct 12, 2000 Jkt 089060 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\CR\FM\G11OC6.136 pfrm01 PsN: S11PT1 October 11, 2000 CONGRESSIONAL RECORD — SENATE S10217 This bill passed the House of Rep- in the Senate this year to reauthorize world. In fact, at least 50,000 women resentatives last week, and I am con- this legislation. The bill that the Sen- and children are trafficked into the fident the President will sign it into ate will vote on today authorizes over U.S. each year and at least 700,000 law. $3 billion for domestic abuse preven- women and children are trafficked I have been involved in the campaign tion programs. I am especially pleased worldwide. These women and children to end domestic violence in our com- that the bill includes a provision I sup- are forced into the sex industry or munities dating back to 1983 when I in- ported that targets $40 million a year forced into harsh labor, often by well troduced legislation in the South Da- in funding for rural areas. organized criminal networks. Traf- kota State Legislature to use marriage The National Domestic Violence Hot- fickers disproportionately target the license fees to help fund domestic line is also reauthorized in this legisla- poor, preying on people in desperate abuse shelters. At that time, thousands tion. As you know, this hotline has re- economic situations. They dispropor- of South Dakota women and children ceived 500,000 calls from women and tionately target women and girls—all were in need of shelters and programs children in danger from abuse since its of this for money. to help them. However, few people creation in 1994. The hotline’s number Trafficking of women and children is wanted to acknowledge that domestic is 1–800–799–SAFE, and I encourage any more than a crime—it is an assault on abuse occurred in their communities, woman or child who is in an abusive freedom. It is an assault on that found- or even their own homes. environment to call for help. ing principle of our nation, ‘‘. . . that In 1994, as a member of the U.S. The original Violence Against all men are created equal, that they House of Representatives, I helped get Women Act increased penalties for re- are endowed by their Creator with cer- the original Violence Against Women peat sex offenders, established manda- tain unalienable rights. . .’’ It is an as- Act passed into law. Since the passage tory restitution to victims of domestic sault on the very dignity of humanity. of this important bill, South Dakota violence, codified much of our existing Yet the protections we have against has received over $8 million in funding laws on rape, and strengthened inter- trafficking are inadequate. That is why for battered women’s shelters and fam- state enforcement of violent crimes the Trafficking Victims Protection Act ily violence prevention and services. against women. I am pleased to support is so vital. Nationwide, the Violence Against efforts this year that strengthen these This legislation takes several ap- Women Act has provided over $1.9 bil- laws, expand them to include stalking proaches to address this human rights lion toward domestic abuse prevention on the internet and via the mail, and abuse. It requires expanded reporting and victims’ services. extend them to our schools and college by the State Department in its annual In South Dakota alone, approxi- campuses. human rights report on trafficking, in- mately 15,000 victims of domestic vio- Passage of the Violence Against cluding an assessment and analysis of lence were provided assistance last Women Act reauthorization bill is an- international trafficking patterns and year, and over 40 domestic violence other important step in the campaign the steps foreign governments have shelters and outreach centers in the against domestic violence. While I am taken to combat trafficking. It also re- state received funding through the Vio- pleased that this historic legislation quires the President to establish an lence Against Women Act. Shelters, will soon be on its way to the President interagency task force to monitor and victims’ service providers, and coun- for his signature, the fact remains that combat trafficking. seling centers in South Dakota rely domestic violence remains a reality for As a means of deterring trafficking, heavily on these funds to provide as- too many women and children in our the President, through the Agency for sistance to these women and children. country and in South Dakota. I will International Development (AID) must Some of these examples include: continue to do all that I can, as a mem- establish initiatives, such as micro- The Mitchell Area Safehouse started ber of the United States Senate and a lending programs to enhance economic the first Family Visitation Center in concerned citizen of South Dakota, to opportunities for people who might be the state with these funds. The center help victims of domestic violence and deceived by traffickers’ promises of lu- ensures that children receive safe and work to prevent abuse in the first crative jobs. In addition, this legisla- monitored visits with their parents place. tion establishes certain minimum when violence has been a factor in Mr. HUTCHINSON. Mr. President, I standards for combating trafficking their home environment. Now there are rise in support of the Trafficking Vic- and authorizes funding through AID 9 such centers in the state. tims Protection Act and I want to com- and other sources to assist countries to The Winner Resource Center for mend my colleagues Senator meet these standards. The President Families received funding to provide BROWNBACK and Senator WELLSTONE can take other punitive measures emergency shelter, counseling services, for their hard work on this legislation. against countries that fail to meet rent assistance, and clothing to women Inge had hoped for a better life when these standards. and children in south-central South she left her home in Veracruz, Mex- The bill also creates protections and Dakota. ico—for legitimate work that would assistance for victims of trafficking, Violence Against Women Act funding pay her well. She was hoping to earn including a new nonimmigrant ‘‘T’’ has also allowed Minnehaha County money in a restaurant or a store and visa. At the same time, punishments and Pennington County to hire domes- earn money to bring back to her fam- for traffickers are increased through tic court liaisons to assist with the ily. asset seizure and greater criminal pen- Protection Order process. She never expected a smuggling debt alties. In Rapid City, Violence Against of $2,200. She never expected to be beat- All of these provisions are important Women Act funding also allowed Work- en and raped until she agreed to have for strengthening U.S. and foreign law ing Against Violence Inc. (WAVI) to de- sex with 30 men a day. She never ex- and for combating trafficking. I strong- velop a Sexual Assault Program and pected to be a slave—especially not in ly support them. provide specialized crisis intervention the United States—not in Florida. It is a sad consequence of and follow-up for child and adult sur- So she got drunk before the men ar- globalization that crime has become vivors of rape. rived. And when her shift was done, she more international in its scope and On the Crow Creek reservation, Vio- drank some more. Inge would soak her- reach. These seedy sex industries know lence Against Women Act funding self in a bathtub filled with hot water— no boundaries. Traffickers use inter- helped the tribal justice system to de- drinking, crying, smoking one ciga- national borders to trap their victims velop stalking, sexual assault, and sex- rette after another—trying any way in a foreign land without passports, ual harassment tribal codes. Similar she could to dull the pain. And she without the ability to communicate in efforts have been realized on the Rose- would go to sleep drunk or pass out— the local language, and without hope. bud and Sisseton-Wahpeton reserva- until the next day when she had to do But just as trafficking has become tions through this program. it all again. global, so must our efforts to fight The original Violence Against Unfortunately, Inge’s case is not trafficking. That is why I also support Women Act expired last Saturday, Oc- unique. It is a horrific story played out an appropriation in the Commerce-Jus- tober 1, and I once again led the fight every day in countries all over the tice-State Appropriations bill for $1.35

VerDate 11-MAY-2000 03:20 Oct 12, 2000 Jkt 089060 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\CR\FM\G11OC6.137 pfrm01 PsN: S11PT1 S10218 CONGRESSIONAL RECORD — SENATE October 11, 2000 million earmarked for the Protection of all homeless women and children are result of VAWA, all have some provi- Project. This legal research institute fleeing domestic violence. Even if bat- sion for covering the cost of a forensic at the Johns Hopkins School of Ad- tered women leave their abusers to go rape exam. Most notably, VAWA 1994 vanced International Studies is a com- to a shelter, they often return home provided much-needed support for shel- prehensive analysis of the problem of because the isolation from familiar ters and crisis centers, funded rape pre- international trafficking of women and surroundings, friends, and neighbor- vention and education, and created a children. Led by Laura Lederer, a hood resources makes them feel even National Domestic Violence Hotline. dozen researchers have been docu- more vulnerable. Shelters and transi- Nevertheless, much remains to be menting the laws of 190 independent tional facilities are often located far done. In Michigan alone, in 1998 we had states and 63 dependencies on traf- from a victim’s neighborhood. And, if more than 47,000 incidents of domestic ficking, forced prostitution, slavery, emergency shelter is available, a sup- violence, including 46 homicides. About debt bondage, extradition, and other ply of affordable housing and services 85 percent of the victims of those inci- relevant issues. When it is complete, are needed to keep women from having dents were women. We must continue the Protection Project will produce a to return to a violent home. to do what we can to deter and prevent worldwide legal database on traf- Due to the importance of ensuring this kind of violence, and to make serv- ficking, along with model legislation that battered women may access tran- ices available to its victims. for strengthening protections and rec- sitional housing, I remain concerned The legislation before us today con- ommendations for policy makers. that the conference report provides tinues the important work begun in At the moment, the Protection only a one-year authorization for the 1994 by reauthorizing these important Project is at a critical phase of re- transitional housing programs. Con- programs. And make no mistake about search and funding is crucial. For the sequently, I intend to work closely it, we must do so if we are to continue last few years, the State Department’s with my colleagues throughout next with the progress we have made. Bureau of International Narcotics and year to ensure the continued author- In Michigan, for example, despite our Law Enforcement Affairs has been ization and funding of these critical much heightened awareness of the dev- funding the project, along with private programs. I look forward to working astating impact of sexual abuse, in donations made to Harvard University, with my colleagues to strengthen tran- many communities VAWA grants are where the project was formerly housed. sitional housing programs for battered the only source of funding for services However, with its transition to Wash- women and their children and I hope for rape victims. I am told that this is ington and Johns Hopkins, the project they will lend their strong support to true nationally as well. Forty-five shel- has lost private funding and has suf- this effort. ters serving 83 counties receive funding fered a nine-month delay in its re- Mr. ABRAHAM. I rise to express my from VAWA grants. Reauthorizing search. strong support for this conference re- VAWA is critical so as to provide the I urge my colleagues on the CJS con- port. It contains two very important assurance of continued congressional ference to retain the Senate earmark measures: the Trafficking Victims Pro- commitment needed to ensure that for this project. The research that the tection Act, aimed at combating the these services do not dry up. project is producing is critical to un- scourge of sex trafficking, and the Vio- That is why I am so delighted that derstanding, fighting, and ultimately lence Against Women Act of 2000, this conference report is about to be winning the war against international aimed at reauthorizing and improving enacted into law. I would especially trafficking of women and children. on federal programs and other meas- like to note how pleased I am with the Mr. TORRICELLI. Mr. President, I ures designed to assist in the fight results the conference reached on a rise in support of the adoption of the against domestic violence. couple of particular provisions. conference report to H.R. 3244, the Sex- I would first of all like to extend my First, I would like to discuss the ual Trafficking Victims Protection compliments to Senator BROWNBACK, funding the bill provides for rape edu- Act. This conference report contains Congressman SMITH, Senator cation, services to victims, and preven- two pieces of legislation that are criti- WELLSTONE, Senator HELMS, Senator tion. This critical funding is used for, cally important for ensuring the safety HATCH, and others, including their among other things, helping survivors of women and their children in our Na- staff, who worked so hard on the traf- of rape and sexual assault come to tion as well as around the world, the ficking portion of this legislation. The terms with what has happened to them Reauthorization of the Violence problem of international sex traf- so that they are able to get on with Against Women Act of 1994 and the ficking that they have tackled is a par- their lives and also assist in the pros- Sexual Trafficking Victims Protection ticularly ugly one, and I commend ecution of the perpetrators of these Act. I am extraordinarily pleased that them for all the work they have in- crimes. It is also used to educate inves- the Senate is finally poised to join our vested in devising effective means to tigators and medical personnel on the colleagues in the House and pass both address it. best protocols to use to collect evi- of these legislative proposals. Although I would like to concentrate my own dence in these cases. it is unfortunate that Congress allowed remarks on the second half of this leg- I would like to give a few examples of the Violence Against Women Act to ex- islation, the Violence Against Women instances of how this is working in pire at the end of the fiscal year on Act of 2000. I was proud to be an origi- Michigan. A 21-year-old single woman September 30, 2000, today’s action on nal cosponsor of the Senate version of was raped. She became pregnant as a this legislation goes a long way to- this bill, and I am very pleased to see result of the rape. She decided that she wards sending a message to battered that the efforts of everyone involved wanted to carry the baby to term. She women and their children that domes- are about to become law. had to deal with her own very complex tic violence is a national concern de- The 1994 Violence Against Women emotions about her pregnancy, her serving the most serious consideration. Act has been crucial in reducing vio- changed relationship with her boy- An important component of the Re- lence perpetrated against women and friend, and the enormous difficulties of authorization of the Violence Against families across America. VAWA 1994 in- raising a child as a single parent. The Women Act that is contained in the creased resources for training and law VAWA money for rape services funded conference report today is the provi- enforcement, and bolstered prosecution the counseling to help her with this sion of resources for transitional hous- of child abuse, sexual assault, and do- overwhelmingly difficult set of deci- ing. Due to the fact that domestic vio- mestic violence cases. States have sions and circumstances. lence victims often have no safe place changed the way they treat crimes of VAWA rape money also funded serv- to go, these resources are needed to violence against women; 24 States and ices for a 63-year-old woman who was help support a continuum between the District of Columbia now mandate sexually assaulted. With that help, she emergency shelter and independent liv- arrest for most domestic violence of- was able to come to terms with what ing. Many individuals and families flee- fenses. had happened, and testify against the ing domestic violence are forced to re- States have also relieved women of rapist. turn to their abusers because of inad- some of the costs associated with vio- To give just one more example: equate shelter or lack of money. Half lence against them. For example, as a VAWA rape money is being used right

VerDate 11-MAY-2000 03:20 Oct 12, 2000 Jkt 089060 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\CR\FM\A11OC6.059 pfrm01 PsN: S11PT1 October 11, 2000 CONGRESSIONAL RECORD — SENATE S10219 now to fund a new sexual assault nurse This legislation will not supplant moval available to individuals in un- examining program. This program pro- their efforts. It will, however, address lawful immigration status with strong vides a sympathetic and expert place cases that it is difficult for a single equities, after three years rather than for survivors to go after they have been State to pursue on its own, those where the seven ordinarily required. Finally, assaulted where they will be treated the criminal is stalking a victim in an- VAWA 1994 granted similar rights to with respect and understanding and other State. In such cases, where the minor children abused by their citizen where the evidence will be collected criminal is deliberately using the or lawful permanent resident parent, correctly. means of interstate commerce to place whose immigration status, like that of The reason I have come to know so his or her victim in reasonable fear of the abused spouse, would otherwise be much about this particular aspect of serious bodily injury, my bill will allow dependent on the abusive parent. VAWA is that when my wife Jane met the Federal Government to prosecute The conference report follows the with the Michigan Coalition Against that person. Senate VAWA reauthorization bill in Domestic and Sexual Violence in Oak- The existence of a Federal law in this building on the important work of land County on June 30 of this year, its area should also help encourage local VAWA 1994 in these areas. I will not de- director, Mary Keefe, indicated to her authorities who do not know where to scribe all of the provisions of title V of that while she was generally very start when confronted with a division B of this bill, but I will discuss pleased with the reauthorization legis- cyberstalking allegation to turn to one of them, which I believe is the lation we were working on here in the Federal authorities for advice and as- most important one. Senate, the $50 million we were pro- sistance. There is little worse than the In this bill, we establish procedures posing for this particular aspect of feeling of helplessness a person can get under which a battered immigrant can VAWA, the rape education and preven- if he or she is being terrorized and just take all the steps he or she needs to tion component, just wasn’t enough. cannot get help from the police. Much take to become a lawful permanent She indicated her hope that we would of VAWA 2000 is aimed at helping the resident without leaving this country. be able to raise that to the $80 million authorities that person turns to re- Right now, no such mechanism is figure in the House bill. Jane passed spond more effectively. That is a cen- available to a battered immigrant, who that along to me, and once I under- tral function of the cyberstalking pro- can begin the process here but must re- stood how this money was used and was visions as well. turn to his or her home country to able to explain how important it was, Finally, I am very pleased that the complete it. VAWA 1994 created a mechanism for with Senator HATCH’s and Senator conference report includes the core the immigrant to take the first step, BIDEN’s assistance, the Senate proposal provisions from the Senate bill that I the filing of an application to be classi- was increased to $60 million. developed along with Senator KEN- fied as a battered immigrant spouse or I continued to follow this matter as NEDY, Senator HATCH, and Senator child. But it did not create a mecha- the bill was progressing through con- BIDEN to address ways in which our im- nism for him or her to obtain the nec- ference. Yesterday I was delighted to migration laws remain susceptible of essary papers to get lawful permanent be able to tell my staff to let Ms. Keefe misuse by abusive spouses as a tool to residency while staying in the U.S. know that the conference bill accom- blackmail and control the abuse vic- That is because at the time it was en- modates her request fully, and author- tim. acted, there was a general mechanism izes $80 million in funding for these This potential arises out of the deriv- available to many to adjust here, grants for the next 5 years. One impor- ative nature of the immigration status which has since been eliminated. As a tant purpose for which I am sure some of a noncitizen or lawful permanent result, under current law, the battered of these funds will be used is educating resident spouse’s immigration status. immigrant has to go back to his or her Generally speaking, that spouse’s right our kids about relatively less well home country, get a visa, and return to be in the U.S. derives from the cit- known drugs like GHB, the date rape here in order to adjust status. drug that claimed the life of one of my izen or lawful permanent resident That is not true of spouses whose constituents and was the subject of leg- spouse’s right to file immigration pa- citizens or lawful permanent resident islation I worked on earlier this Con- pers seeking to have the immigration husband or wife is filing immigration gress. member of the couple be granted lawful papers for them. They do have a mech- Second, I am pleased that the con- permanent residency. anism for completing the whole process ference report contains the new Fed- In the vast majority of cases, grant- here. Section 1503 of this bill gives the eral law against cyberstalking that I ing that right to the citizen or lawful abused spouse that same right. introduced a few months ago. As the permanent resident spouse makes The importance of such a provision is Internet, with all its positives, has fast sense. After all, the purpose of family demonstrated, for example, by the case become an integral part of our personal immigration is to allow U.S. citizens or of a battered immigrant whose real and professional lives, it is regrettable lawful permanent residents to live here name I will not use, but whom I will in- but unsurprising that criminals are be- with their spouses and children. But in stead call Yaa. I use her as an example coming adept at using the Internet as the unusual case of the abusive rela- because her case arose in my own State well. tionship, an abusive citizen or lawful of Michigan. Hence the relatively new crime of permanent resident can use control Yaa is a 38-year-old mother of two ‘‘cyberstalking,’’ in which a person over his or her spouse’s visa as a means from Nigeria. She met her husband, uses the Internet to engage in a course to blackmail and control the spouse. whom I will call Martin, while he was of conduct designed to terrorize an- The abusive spouse can do this by with- visiting family members in Nigeria. other. Stalking someone in this way holding a promised visa petition and After a long courtship, Martin per- can be more attractive to the perpe- then threatening to turn the abused suaded Yaa to marry him and join him trator than doing it in person, since spouse in to the immigration authori- in the United States. He told her he cyberstalkers can take advantage of ties if the abused spouse sought to would help her further her education the ease of the Internet and their rel- leave the abuser or report the abuse. and file the necessary papers to enable ative anonymity online to be even VAWA 1994 changed this by allowing her to become a lawful permanent resi- more brazen in their threatening be- immigrants who demonstrate that they dent. havior than they might be in person. have been battered or subject to ex- Following their marriage, Martin as- Some jurisdictions are doing an out- treme cruelty by their U.S. citizen or sisted Yaa in obtaining a visitor’s visa. standing job in cracking down on this lawful permanent resident spouses to When she arrived in the United States, kind of conduct. For example, in my file their own petitions for visas with- however, he did not follow through on own State, Oakland County Sheriff Mi- out the cooperation of their abusive any of his promises. He refused to sup- chael J. Bouchard and Oakland County spouse. port her going to school, and indeed Prosecutor Dave Gorcyca have devel- VAWA 1994 also allowed abused would not let her leave the house for oped very impressive knowledge and spouses placed in removal proceedings fear that other men might find her at- expertise about how to pursue to seek ‘‘cancellation of removal,’’ a tractive and steal her away. He also re- cyberstalkers. form of discretionary relief from re- fused to file immigration papers for her

VerDate 11-MAY-2000 03:20 Oct 12, 2000 Jkt 089060 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\CR\FM\A11OC6.061 pfrm01 PsN: S11PT1 S10220 CONGRESSIONAL RECORD — SENATE October 11, 2000 and threatened her with deportation if willingness to invest time, effort and who perpetrate violence against their she ever disobeyed his orders. capital in making the case for them family members do not stop because After the birth of their first child, has been indispensable; to Senator the family member grows older. Nei- Martin began physically abusing Yaa. BIDEN and his staff, especially Bonnie ther do they stop because the family He slapped her if she questioned his au- Robin-Vergeer, whose commitment to member is disabled. To the contrary, thority or asked about her immigra- these provisions has likewise been several studies show that the disabled tion status. He spat on her if she re- vital; to House Judiciary Committee suffer prolonged abuse compared to fused to have sex with him. He used a Chairman HYDE and House Crime Sub- non-disabled domestic violence vic- hidden recording device to tape all of committee Chairman BILL MCCOLLUM, tims. Violence is too often perpetrated her phone conversations. As a result, for their support at key moments; to on those who are most vulnerable. she came to feel that she was a pris- the indefatigable Leslye Orloff of the In some cases, the abuse may become oner in her own home. NOW Legal Defense Fund, whose abil- severe as the victim ages or as dis- On one occasion, Martin beat Yaa ity to come up with the ‘‘one more ability increases and the victim be- with his fists and a bottle of alcohol. thing’’ desperately needed by battered comes more isolated from the commu- Yaa suffered severe facial injuries and immigrants is matched only by her nity with their removal from the work- had to be rushed to a hospital by ambu- good humor and professionalism in rec- force. Other age-related factors such as lance for treatment. This incident re- ognizing that the time for compromise increased frailty may increase a vic- sulted in Martin’s arrest and prosecu- has come; and to the sponsors of H.R. tim’s vulnerability. tion for domestic violence. Martin re- 3244 and S. 2449, for allowing their bill It also is true that older and disabled taliated by refusing to pay the mort- to become the vehicle for this impor- victims’ ability to report abuse is fre- gage, buy food, or other necessities. At tant legislation. quently confounded by their reliance that point, with the help of her best I would also like to thank all of the on their abuser for care or housing. friend, Yaa moved out, found a job, and organizations in Michigan that have Every 7 minutes in Illinois, there is filed a self-petition under VAWA. INS been working so hard to help in the an incidence of elder abuse. approved her self-petition, and Yaa has fight against domestic and sexual vio- Several research studies have shown obtained a restraining order against lence. I would like to extend particular that elder abuse is the most under re- Martin. thanks to a couple of the people there ported familial crime. It is even more Unfortunately, she still has to go to who have been particularly helpful to under reported than child abuse with Nigeria to obtain a visa in order to me, to my wife Jane, and to members only between one in eight and one in complete the process of becoming a of my office as we have been learning fourteen incidents estimated to be re- lawful permanent resident. And this is about these issues: to Mary Keefe of ported. a major problem. Martin’s family in the Michigan Coalition Against Domes- National and State specific statistics Nigeria blames her for Martin’s convic- tic and Sexual Violence, whom I men- are not available for domestic abuse tion. They have called her from there tioned earlier; to Hedy Nuriel and against disabled individuals. However, and threatened to have her deported Deborah Danton of Haven; to Shirley several studies of specific areas indi- because she ‘‘brought shame’’ to the Pascale of the Council Against Domes- cate that abuse is of longer duration family. They also know where she lives tic Assault; to Deborah Patterson of for women with disabilities compared in Nigeria and they have threatened to Turning Point, and to Valerie Hoffman to women without a disability. Cana- hurt her and kidnap the children if she of the Underground Railroad. dian studies over the last decade indi- comes back. She has no one in the U.S. I yield the floor. cate that the incidence in that country Mr. DURBIN. Mr. President, with the to leave the children with if she were at least of battery for women with dis- passage of the Violence Against Women to return alone. She is also frightened abilities was 1.5 times higher than for Act in 1994, the Federal Government of what Martin’s family will do to her women without a disability. 3 other for the first time adopted a comprehen- if she sets foot in Nigeria. independent studies indicated that sive approach to combating violence Yaa should be allowed to complete ‘‘Regardless of age, race, ethnicity, against women. This bill included the process of becoming a lawful per- sexual orientation or class, women tough new criminal penalties and also manent resident here in the United with disabilities are assaulted, raped created new grant programs to help States, without facing these risks. Our and abused at a rate of more than two both women and children who are vic- legislation will give her the means to tims of family violence. times greater than non-disabled do so. Since that time, violence against women’’ Sobsey 1994, Cusitar 1994, Dis- Of all the victims of domestic abuse, women has significantly decreased. But Abled Women’s Network 1988. the immigrant dependent on an abusive in spite of these improvements, far Older and disabled individuals who spouse for her right to be in this coun- more needs to be done. experience abuse worry they will be try faces some of the most severe prob- Every 20 seconds a woman is raped banished to a nursing home or institu- lems. In addition to the ordinary dif- and/or physically assaulted by an inti- tions if they report abuse. ficulties that confront anyone trying mate partner and nearly one-third of Many older women were raised to be- to deal with an abusive relationship, women murdered each year are killed lieve that family business is a private the battered immigrant also is afraid by a husband or boyfriend. matter. Problems within families were that if she goes to the authorities, she Domestic violence still remains the not to be discussed with anyone, espe- risks deportation at the instance of her leading cause of injury to women ages cially strangers or counselors. abusive spouse, and either having her 15 to 44 and sadly, there are children They also must struggle with the children deported too or being sepa- under the age of twelve in approxi- ethical dilemma of reporting abuse by rated from them and unable to protect mately four out of ten houses that ex- their children to the authorities and them. perience domestic violence. thus increasing their child’s likelihood We in Congress who write the immi- Many victims of domestic violence of going to jail. Shame and fear gag gration laws have a responsibility to do are not recognized and therefore do not them so that they remain ‘‘silent vic- what we can to make sure they are not get the help that they need. tims.’’ misused in this fashion. That is why I I am happy to report that the con- Disabled women also wrestle with the am so pleased that the final version of ference report includes several provi- fear that they may lose their children this legislation includes this and other sions that I authored with Senator in a custody case if they report abuse. important provisions. COLLINS to assist both older and dis- This bill includes modifications of I would like to extend special thanks abled women who are the victims of do- the STOP law enforcement state grants to Senator KENNEDY and his staff, espe- mestic violence. Those provisions were program and the ProArrest grants pro- cially Esther Olavarria, who has part of S. 1987, the Older and Disabled gram to increase their sensitivity to worked tirelessly on this portion of the Women’s Protection from Violence the needs of older and disabled women. bill; to Senator HATCH and his staff, es- Act. These programs provide funding for pecially Sharon Prost, whose assist- Unfortunately for some, domestic vi- services and training for officers and ance in crafting these provisions and olence is a life long experience. Those prosecutors for dealing with domestic

VerDate 11-MAY-2000 03:20 Oct 12, 2000 Jkt 089060 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\CR\FM\A11OC6.062 pfrm01 PsN: S11PT1 October 11, 2000 CONGRESSIONAL RECORD — SENATE S10221 violence. This training needs to be sen- attackers in federal court. Congress because they do not reflect the gravity sitive to the needs of all victims, young passed this law to give women an addi- of the offenses involved. Where coun- and old, disabled and non-disabled. The tional means of pursuing justice when tries do have laws against sexual traf- images portrayed in the media of the they are the victims of assault. We ficking, there is too often no enforce- victims of domestic violence generally passed this law because the States ment. For example, in 1995, the Nether- depict a young woman, with small chil- themselves did not always adequately lands prosecuted 155 cases of forced dren. Consequently, many people in- pursue rapists and assailants. And the prostitution, and only four resulted in cluding law enforcement officers may States acknowledged this. the conviction of the traffickers. In not readily identify older or disabled Thirty-six States had entered this some countries, enforcement against victims as suffering domestic abuse. suit on behalf of the woman who had traffickers is hindered by indifference, Only a handful of domestic abuse pro- been victimized. They wanted victims corruption, and even official participa- grams throughout the country are of violence against women to retain tion. reaching out to older and disabled the right to bring their attackers to The conference report before us seeks women and law enforcement rarely re- court. But the Supreme Court, in a to improve the lives of women and chil- ceive training in identifying victims narrow vote, decided otherwise. The dren around the world by providing se- who are either older or disabled. vote: five to four. vere punishment for persons convicted The bill also sets up a new training This action by the Senate reauthor- of operating trafficking enterprises program for law enforcement, prosecu- izing the Violence Against Women Act within the United States and the possi- tors and others to appropriately iden- will overcome that court decision. bility of severe economic penalties tify, screen and refer older and disabled Mr. ASHCROFT. Mr. President, I against traffickers located in other women who are the victims of domestic would like to offer my strong support countries. In addition, it provides as- violence. for the conference report on H.R. 3244, sistance and protection for victims, in- Improvement in this program can be a bill that will strengthen our laws in cluding authorization of grants to shel- made with respect to identifying abuse order to protect women, children and ters and rehabilitation programs, and a among all age groups especially seniors all victims of domestic violence. The limited provision for relief from depor- tation for victims who would face ret- who are often overlooked. When the conference report that we will vote on ribution or other hardships if deported. abuser is old, there may be a reticence today includes several sections, each of The bill also creates an Interagency on the part of law enforcement to deal which provides additional protections Task Force to monitor and combat with this person in the same way that for vulnerable members of society. trafficking, in order to facilitate and they might deal with a younger person. First, the bill contains the Traf- evaluate progress in trafficking pre- Who wants to send an ‘‘old guy’’ to ficking Victims Protection Act, legis- vention, victim assistance, and the jail? However, lack of action jeopard- lation that has been the passion of the prosecution of traffickers. I would like izes the victim further because then Senator from Kansas, Mr. BROWNBACK, to thank the Senator from Kansas for the abuser has every reason to believe and the Senator from Minnesota, Mr. his tireless work on this issue, and am that there are no consequences for WELLSTONE. This legislation will com- pleased to support this legislation. their actions. Another common prob- bat sexual trafficking of women and children—the deepest violation of The second main section of this con- lem is differentiating between injuries ference report, the Violence Against human dignity and an unspeakable related to abuse and injuries arising Women Act (VAWA) of 2000, reauthor- tragedy. Second, the conference report from aging, frailty or illness. Too izes the Violence Against Women Act contains a bill that we have heard a lot many older or disabled women’s broken through Fiscal Year 2005. VAWA con- about in the last several weeks—the re- bones have been attributed to dis- tains a number of grant programs, in- orientation, osteoporosis, or other age- authorization of the Violence Against cluding the STOP grants, Pro-Arrest related vulnerabilities without any Women Act—to provide funding for grants, Rural Domestic Violence and questions being asked to make sure programs to combat domestic violence Child Abuse Enforcement grants, the that they are not the result of abuse. and assist victims of domestic vio- National Domestic Violence Hotline, With the graying of America, the lence—both male and female. The and three programs for victims of child problems of elder domestic abuse in all original Violence Against Women Act abuse, including the court-appointed its many ugly manifestations, is likely authorization expired on October 1, special advocate program (CASA). In to grow. I believe that we need to take 2000, and I am pleased to be a cosponsor addition, there are targeted improve- a comprehensive look at our existing of the reauthorization bill sponsored by ments to the original language that family violence programs and ensure Senators HATCH and BIDEN (S. 2787). have been made, such as providing that these programs serve seniors and The third main section of the bill con- funding for transitional housing assist- are sensitive and knowledgeable of tains anti-crime measures including ance, expanding several of the key elder domestic abuse. provisions to encourage States to in- grant programs to cover violence that In addition, the disabled’s injuries carcerate, for long prison terms, indi- arises in dating relationships, and au- may be falsely attributed to their dis- viduals convicted of murder, rape, and thorizing grants for legal assistance for ability and the bill authorizes a new dangerous sexual offenses. Together, victims of domestic violence, stalking, program for education and training for these provisions form a comprehensive and sexual assault. the needs of disabled victims of domes- approach to fighting abuse against the There is another issue that has been tic violence. most vulnerable members of society. raised recently and that is the eligi- I thank Chairman HATCH and Senator It is tragic that as we stand on the bility of men to receive benefits and BIDEN for working with me to include brink of the 21st Century the world is services under the original Violence these provisions that should help to en- still haunted by the practice of inter- Against Women Act and under this bill. sure that Federal Anti-Family Vio- national trafficking of women and chil- It was the original intent of this legis- lence Programs are indeed available for dren for sex, forced labor and for other lation to direct federal funds toward all victims whether young or old, or purposes that violate basic human the most pressing problem—that of do- whether able-bodied or a woman with a rights. The frequency of these practices mestic violence against women, and vi- disability. is frightening. For example, an esti- olence against women in particular, In just the past year, the Supreme mated 10,000 women from the former since the statistics show that the ma- Court offered an important ruling on Soviet Union have been forced into jority of domestic violence is per- the Violence Against Women Act. The prostitution in Israel; two million chil- petrated against women. But although decision was certainly not one that I dren are forced into prostitution every women are more often victims of such would have hoped for. year, half of them in Asia; and more violence than men, it does not mean In the case of U.S. v. Morrison, the than 50,000 women are trafficked into that men are never victims, or that the Supreme Court struck down a provi- the United States every year. Unfortu- problems of domestic violence when sion of the Violence Against Women nately, existing laws in the United men are victims should be ignored. It Act that gave victims of rape and do- States and other countries are inad- was not, and is not, the intent of Con- mestic violence the right to sue their equate to deter trafficking, primarily gress to exclude men who have suffered

VerDate 11-MAY-2000 03:20 Oct 12, 2000 Jkt 089060 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\CR\FM\A11OC6.052 pfrm01 PsN: S11PT1 S10222 CONGRESSIONAL RECORD — SENATE October 11, 2000 domestic abuse or sexual assaults from may help one distinguish if you or and even legal abuse when a women tries to receiving benefits and services under someone you know is being abused. leave an unhealthy relationship. the Violence Against Women Act. The conference report we are voting ‘‘Recognizing what behaviors are part of Maybe the bill should be renamed the on today provides real tools to combat domestic violence is not always easy, even ‘‘Stop Domestic Violence Act’’ in order violence against women and children, for victims themselves,’’ Blair said. ‘‘This is in part because domestic violence is much to more accurately reflect the purposes here in the United States and around of this bill. The Act defines such key more than physical abuse.’’ the world, as well as new resources to Blair offers the following checklist of be- terms as ‘‘domestic violence’’ and ‘‘sex- curb domestic violence of all types. I ual assault,’’ which are used to deter- haviors that may help you distinguish if you support this conference report and or someone you know is being abused: mine eligibility under several of the thank Senator BROWNBACK for his lead- grant programs, in gender-neutral lan- Does your partner use emotional and psy- ership in the fight against sex-traf- chological control—call you names, yell, put guage. Men who have suffered these ficking, Senators HATCH and BIDEN for you down, constantly criticize or undermine types of violent attacks are eligible their work in the reauthorization of you and your abilities, behave in an over- under current law to apply for services protective way, become extremely jealous, and benefits that are funded under the the Violence Against Women Act, and the other members of the Conference make it difficult for you to see family or original Act—and they will remain eli- friends, bad-mouth you to family and gible under the Violence Against Committee for their success in fash- friends, prevent you from going where you Women Act of 2000—whether it be for ioning such strong legislation. want to, or humiliate and embarrass you in shelter space under the Family Vio- There being no objections, this arti- front of other people? lence Protection and Services Act, or cle was ordered to be printed in the Does your partner use economic control— counseling by the National Domestic RECORD, as follows. deny you access to family assets such as Violence Hotline, or legal assistance in [From the St. Charles County (MO) Post, bank accounts, credit cards or car, control obtaining a protection order under the Oct. 2, 2000] all the finances, make you account for what you spend, or take your money, prevent you Legal Assistance for Victims program. DOMESTIC VIOLENCE, IN ALL FORMS, IS THE from getting or keeping a job or from going I am pleased that this clarification was LEADING CAUSE OF INJURY FOR WOMEN AGES added to this bill. 15–44 to school, limit your access to health, pre- scription or dental insurance? I am committed to confronting do- (By Dr. Hank Clever) Does your partner make threats—make mestic violence because I believe that Hank Clever is a well-known pediatrician you afraid by using looks, actions or ges- all forms of violence and crime destroy in St. Charles. Since retiring from private tures, threaten to report you to the authori- lives, hopes, and opportunities. All citi- practice in 1998, Dr. Clever has continued to ties for something you didn’t do, threaten to zens should be safe from violence at speak to community groups and organiza- harm or kidnap the children, display weap- home, in their neighborhoods and at tions about a variety of health-related top- ons as a way of making you afraid, use his schools. Protecting public safety is a ics. The Doctor Is In column runs each Mon- anger as a threat to get what he wants? fundamental duty of government, and day in the St. Charles County Post. Send Does your partner commit acts of physical questions for Dr. Clever to the Doctor Is In, violence—carry out threats to you, your we must make it clear to criminals c/o Public Relations Department, St. Joseph that if they commit crime and vio- children, pets, family members, friends, or Health Center, 300 First Capitol Drive, St. himself, destroy personal property or throw lence, they will be punished swiftly and Charles, Mo. 63301. things around, grab, push, hit, punch, slap, severely. October is National Domestic Violence kick, choke, or bite you, force you to have Domestic violence has been a prob- Awareness Month. Before you think, ‘‘Oh, sex when you don’t want to, engage in sexual lem in the State of Missouri. In 1999, that doesn’t affect me,’’ think again. Domes- acts that you don’t want to do, prevent you according to data from the Highway tic violence affects everyone in the commu- from taking medications or getting medical Patrol Criminal Records Division, nity—abuser, victim, children, family, em- care, deny you access to foods, fluids or there were 754 incidents for every ployers, co-workers and friends. The U.S. sleep? surgeon general says domestic violence is If any of these things are happening in 100,000 Missourians. This number is too the leading cause of injury to women ages high, despite the fact that it has been your relationship, Blair wants you to know 15–44. Domestic violence is more common that you are not alone and you have a right falling from a high of 815/100,000 in 1997. than rapes, muggings and auto accidents to be safe. ‘‘Millions of women are abused by The early nineties saw a disturbing rise combined. their partners every year,’’ she said. ‘‘For in domestic violence reports, from 657 Domestic violence isn’t limited by socio- free, safe and confidential services, call per 100,000 Missourians in 1993 to the economic status, race, ethnicity, age, edu- AWARE at 314–362–9273.’’ high in 1997. cation, employment status, physical ability In addition to AWARE, many other domes- I have worked aggressively in the or marital status. And, although some men tic violence resources, including shelters, past, while in service to the state of are abused by women, the majority of domes- support services and legal services are avail- tic violence victims are female, making do- Missouri, to confront domestic vio- able. The AWARE staff will be happy to give mestic violence one of the most serious pub- you that information. lence. As Governor, I established a spe- lic health issues facing women today. cial Task Force on Domestic Violence. Physicians, nurses, social workers, risk Cathy Blair is with the AWARE program. managers, students and Allied Health profes- This task force conducted a com- AWARE stands for Assisting Women with sionals who would like to learn more about prehensive review of domestic violence Advocacy, Resources and Education. She is domestic violence and the important role in Missouri and researched the effi- working with the staff at SSM St. Joseph they can play in identifying and stopping it, ciency of various programs and serv- Health Center, SSM St. Joseph Hospital should plan to attend the program. The con- ices for victims of abuse. Additionally, West and the Catholic Community Services ference is free and includes complimentary of St. Charles County to present a program I supported the Adult Abuse Act of parking and lunch, but registration in re- called ‘‘Strengthening Our Response: The 1989, which provided new protection quired. Call 636–947–5621 for more informa- Role of Health Care Provider in Ending Do- tion and to register. against domestic violence as well as mestic Violence’’ on Thursday, Oct. 12, at St. new services for victims. Joseph Health Center. Mr. BINGAMAN. Mr. President, October is National Domestic Vio- ‘‘Health care providers are often on the today I rise to support the passage of lence Awareness Month. I would like to front lines to recognize abuse. Their response H.R. 3244, a bill to reauthorize the Vio- enter into the RECORD an article by to the victim and the abuser can be crucial lence Against Women Act, VAWA. In Doctor Hank Clever, a well-known pe- to proper treatment not only of the imme- 1994, when I voted in favor of the Vio- diatrician in St. Charles, Missouri. diate trauma, but also long-term problem of lence Against Women Act I supported abuse,’’ Blair told me. This article appeared in The St. the purposes of the legislation and I be- When most people think of domestic vio- Charles County Post, on October 2, lence, they think of battered women. How- lieved the grants authorized in VAWA 2000. Dr. Clever outlines the severity of ever, domestic violence can take many would provide the resources needed by the problem of domestic violence and forms, including psychological abuse, emo- New Mexico organizations, local gov- provides a checklist of behaviors that tional abuse, economic abuse, sexual abuse ernments and tribal governments to

VerDate 11-MAY-2000 04:50 Oct 12, 2000 Jkt 089060 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\CR\FM\G11OC6.107 pfrm01 PsN: S11PT1 October 11, 2000 CONGRESSIONAL RECORD — SENATE S10223 tackle the growing problem of domes- resources to begin tackling the under- will be closed, rape crisis centers will tic violence. Now it is six years later lying problems of domestic violence be shut down and thousands of victims and I am pleased to report that I have and given them resources to develop in- of violence will be left without the op- witnessed first-hand the many benefits novative methods to start breaking the tions they have been provided under of VAWA to New Mexico. I now realize cycle of violence in our communities. VAWA. This isn’t speculation. I have how important VAWA was to New Mex- Another organization in New Mexico received calls from police chiefs, shel- ico and I fully appreciate the strides that I am proud to support is the ter directors, church leaders, and other New Mexico was able to make as a re- Esperanza Domestic Violence Shelter citizens who have told me that they sult of this legislation. Women and in northern New Mexico. I became ac- will have to shut down their programs families in New Mexico have benefitted quainted with Esperanza a few years unless VAWA is reauthorized. More- tremendously from VAWA and I rise ago when they approached me because over, many prosecutors in New Mexico today to lend my support to passage of they were having trouble meeting the will lose the resources they have uti- VAWA II. needs of their community. Esperanza lized to prosecute crimes against In New Mexico, we now have several operates in four counties and in 1998, women. Because of the objections to organizations that are devoted to stop- Esperanza helped more than 2,000 peo- bringing up VAWA for debate in the ping violence against women. One ex- ple, including 1,100 victims of domestic Senate, the original VAWA was al- ample is the PeaceKeepers Domestic violence, 510 children and teens and 424 lowed to expire on September 30th. Violence Program based at San Juan abusers. As the name indicates, That should not have happened. The Pueblo, New Mexico. PeaceKeepers is a Esperanza offers women and families House of Representatives voted over- domestic violence program that serves hope. Hope that they can live in a safe whelmingly in favor of reauthorizing individuals that reside within the home, hope that they can survive out- VAWA by a vote of 415–3 before VAWA Eight Northern Pueblos which include side of an abusive relationship and expired. We need to reauthorize the Vi- the pueblos of Nambe, Picuris, hope that they can offer a better life olence Against Women Act and we need Pojoaque, San Ildefonso, San Juan, for their children. Esperanza has pro- to do it now. Santa Clara, Tesuque and Taos. Peace- vided the supportive services needed While violence in the United States keepers is a consortium of individuals for victims that reside in the extensive has fallen dramatically over the past 6 and is comprised of social workers, rural areas of New Mexico—victims years, the Bureau of Justice Statistics counselors, victims advocates, a civil who were often overlooked before reports that almost one-third of women attorney and a prosecutor. Because of VAWA. murdered each year are killed by a hus- VAWA grants, PeaceKeepers has been I am very disappointed that it has band or boyfriend. I believe the drop in able to implement a comprehensive ap- taken so long for the Senate to take up crime we have experienced over the proach to address domestic violence in and reauthorize VAWA. Last year when past 6 years is partly attributable to Indian Country. the reauthorization bill was introduced the passage of VAWA and the resources The social workers and counselors by Senator BIDEN, I agreed to cospon- it made available to combat violence provide counseling to victims, sor the legislation because I under- against women. We should not turn batterers and children of victims. Ap- stand the importance of VAWA to New back the clock and go back to the level proximately twenty men have com- Mexico. Since 1994, New Mexico agen- of violence we experienced in 1993. We pleted the 24 week batterers therapy cies have received over $17 million in should not go back to the days when program and are working to improve VAWA grants. These VAWA grants people did not discuss domestic vio- their lives and the lives of their fami- have reached all four corners of my lence and women in abusive relation- lies. The victims advocates provide state and they have impacted the lives ships lacked options for them and their support in court, assist with obtaining of thousands of New Mexicans. children. and enforcing protection orders and aid One of the benefits of VAWA is that I commend Senator LEAHY and Sen- victims with legal matters and basic it authorized grants to address a vari- ator BIDEN for their work on VAWA housing needs. The prosecutor on the ety of problems associated with vio- and their commitment to stopping do- Peacekeepers panel is made possible lence against women. In 1999, Northern mestic violence in this country. The because of a VAWA Rural Victimiza- New Mexico Legal Services, Inc. re- amendments to VAWA will take the tion grant. ceived $318,500 under the Civil Legal program further and expand the num- PeaceKeepers also provides training Assistance grant program. In 1998, the ber of people benefitting from VAWA for tribal courts, law enforcement and City of Albuquerque received $482,168 grants. I am pleased that the amount tribal government personnel on domes- under the Grants to Encourage Arrest available for use by Indian tribal gov- tic violence issues. The civil attorney Policies grant program. And between ernments under the STOP grants was also assists victims with legal assist- 1996 and this year, 20 New Mexico orga- increased from 4 percent to 5 percent. ance on matters such as child support, nizations received grants under the In addition, 5 percent of the $40 million custody issues and protection orders. Rural Domestic Violence and Child Rural Domestic Violence and Child Safety for victims and accountability Abuse grant program—20 grants total- Abuse Enforcement grants will be set for offenders is the primary goal of ing over $6.5 million. aside for use by Indian tribal govern- PeaceKeepers. In the end, Peace- In addition, Indian tribes in New ments in the new bill. Keepers is about providing informa- Mexico have benefitted significantly I am also pleased to see that institu- tion, options and advocacy to victims from the passage of VAWA. So far, nine tions of higher education will be pro- of domestic violence. tribal governments and tribal-related vided with resources to address vio- When VAWA passed in 1994, the organizations received nearly $2 mil- lence on college campuses. Schools will States and local organizations were fi- lion in grants under the Violence now be able to utilize $30 million in nally provided with the resources they Against Women Discretionary Grants VAWA grants to install lighting and needed to implement programs to re- for Indian Programs. I am pleased to other deterrent measures to enhance spond to the problem of violence see that the pueblos of Acoma, Jemez, the security of their campuses. against women. I am told repeatedly by Laguna, San Felipe, Santa Ana and I also support the addition of transi- sheriffs in counties throughout New Zuni have been proactive and sought tional housing assistance to the Mexico that their urgent calls are usu- out these VAWA grants to make their VAWA. Many individuals who stay in ally the result of a domestic violence pueblos a safer place for women and a abusive relationships often do so be- situation occurring. While VAWA has better place for families. The State of cause they are financially dependent not stopped domestic violence from New Mexico has also benefitted enor- on their abuser. Transitional housing occuring, it has provided law enforce- mously from VAWA. Since 1995, the assistance will provide these victims ment agencies and courts with the New Mexico Crime Victims Repara- and their families with temporary training and resources they need to re- tions Commission has been awarded housing while they regain their finan- spond to domestic violence cases. Most over $6 million in VAWA funds. cial independence. importantly, VAWA has provided Unless VAWA is reauthorized, domes- The battered immigrant women pro- States and local organizations with the tic violence shelters in New Mexico vision is also important to many New

VerDate 11-MAY-2000 03:20 Oct 12, 2000 Jkt 089060 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\CR\FM\G11OC6.138 pfrm01 PsN: S11PT1 S10224 CONGRESSIONAL RECORD — SENATE October 11, 2000 Mexico residents. No longer will bat- grams so they can provide more shelter Act, VAWA, which has provided an un- tered immigrant women and children space to accommodate more people in paralleled level of support for programs be faced with deportation for reporting need; to end domestic and sexual violence. an abuser on whom they may be de- Extension of the discretionary grant VAWA grants have made it possible for pendent on for an immigration benefit. program which mandates and encour- communities across the nation to pro- No person residing in the United States ages police officers to arrest abusers; vide shelter and counseling for hun- should be immune from prosecution for Creation of a five percent set aside dreds of thousands of women and their committing a violent crime because of towards State domestic violence coali- children. Since 1995, more than $1.5 bil- a loophole in an immigration law. tions; lion has been appropriated under Mr. President, VAWA is worthy legis- Extension of state programs that VAWA’s grant programs. Michigan has lation that is good for New Mexico and deal with domestic violence in rural been awarded about $50 million in Fed- women and families across the coun- areas; and eral grants under VAWA. Those grants Establishment of a new grant pro- try. VAWA should be reauthorized and provided invaluable resources to sur- gram to educate and train providers to passed in the form proposed today. vivors of domestic and sexual violence better meet the needs of disabled vic- Mr. JEFFORDS. Mr. President, I rise in Michigan. For example, Rural grants today to enthusiastically support this tims of domestic violence. In addition, I want to thank Senator have permitted 12 rural counties in conference report which contains the Michigan to hire full time advocates HATCH IDEN important reauthorization of the Vio- and Senator B for including a reauthorization of the Family Vio- for providing services to victims lence Against Women Act (VAWA). lence Prevention and Services Act in through outreach programs. VAWA Over five years ago, Congress recog- Civil Legal Assistance Grants have al- nized the need for the Federal Govern- the Violence Against Women Act. As the primary source of funding for local lowed more than 5 Michigan commu- ment to take action and help combat nities to develop Civil Legal Assistance domestic violence by passing VAWA. I shelters, the Family Violence Preven- tion and Services Act is a vital corner- Programs, which provide quality legal was proud to be a cosponsor of that im- stone in the Federal response to domes- assistance to hundreds of women and portant legislation and have been tic violence. This reauthorization en- children. In addition, 35 Sexual Assault pleased with the positive impact it has sures that this program can continue Services Programs and more than 20 had in Vermont and around the United to grow with an increased authoriza- Sexual Assault Prevention Programs States. have been created or strengthened in The Vermont Network Against Do- tion level. The Family Violence Pre- vention and Services Act is normally our state as a direct result of VAWA. mestic Violence and Sexual Assault part of the Child Abuse Prevention and Furthermore, VAWA has been tre- has been a leader in creating innova- Treatment Act reauthorization process mendously successful in the training of tive and effective programs toward our which is scheduled to be completed judges, court personnel, prosecutors, goal of eliminating domestic violence. next year. As Chairman of the Com- police and victims’ advocates. Mary Vermont has used funding under mittee on Health, Education, Labor Keefe, Executive Director of the Michi- VAWA to provide shelter to battered and Pensions, I will be working with gan Coalition Against Domestic and women and their children and ‘‘wrap- domestic violence organizations to see Sexual Violence, explained in a letter around’’ services for these victimized what, if any, changes need to be made to me that ‘‘with the heightened train- families. Through VAWA, Vermont has in the Family Violence Prevention and ing of police, prosecutors, and other in also been able to help victims access Treatment Act to increase its capacity the criminal justice field, many of legal assistance in the form of trained to serve the victims of family violence. these systems are now routinely refer- attorneys and advocacy services. In ad- I am pleased with the fine work of ring the victims they encounter to do- dition to fully utilizing funding avail- Senators BIDEN and HATCH in crafting mestic violence and rape crisis pro- able to train and educate law enforce- the original VAWA, and that these two grams.’’ ment and court personnel, I am proud Senators were able to further formu- VAWA programs have been especially to say that Vermont is a national lead- late a bipartisan, compromise version important to women in rural commu- er in the education and training of of this reauthorization which I was nities, where support networks had health care, welfare and family service happy to cosponsor. been limited due to distance. Here is workers who are likely to come in con- Since July, I have both written and just one case of such a victim—for- tact with victims of domestic violence. talked to the Majority Leader calling warded to me from the Michigan Coali- While we have made advances in for Senate consideration of this impor- tion Against Domestic and Sexual Vio- combating domestic violence in tant legislation. While it was some- lence—whose life was possibly saved by Vermont and all around the United what delayed, I am grateful that the a VAWA grant. States by programs funded through Senate will be endorsing the reauthor- ‘‘Jamie’’ (not her real name) was referred VAWA, there is still more work to be ization of VAWA today. While the re- to the Domestic Violence Program by the done. Every nine seconds across the authorization of VAWA is an impor- Prosecutor. Jamie had shared with the pros- country an individual falls victim to tant step, I remain committed to con- ecutor that she was ‘‘afraid for life,’’ and domestic violence. Recently, this sta- tinuing to enact legislation to elimi- that she was afraid to participate in prosecu- tion because of repercussions she may have tistic was brought home when churches nate domestic violence in Vermont and and town halls in Vermont rang their to bear from her assailant. She soon fell out all around the United States. of contact with the prosecutor and the case bells in recognition and to raise aware- Mr. LEVIN. Mr. President, today the against her assailant was on shaky ground. ness of this tragic violence that im- Senate is taking up and voting on the The county prosecutor referred Jamie to pacts so many lives. We must continue Trafficking Victims Protection Act the VAWA funded advocate. She came to the and strengthen our focus on this im- Conference Report, which includes the program in January, reluctant and fearful, portant issue. reauthorization of the Violence but open to talking to the advocate. The ad- I was proud to be an original cospon- Against Women Act. I commend the vocate was able to provide two full days of sor of this reauthorization when it was sponsors of the Trafficking Victims intensive interaction with this survivor. introduced this June, and feel that this Counseling her, preparing a safety plan for Protection Act. It is estimated that ap- her and her children, telling her how the legislation made many important im- proximately 50,000 women and children legal system works and preparing her for provements and additions to the pro- are trafficked in the United States what she could expect each step of the way. grams and funding of VAWA while en- every year, many of whom are sexually The advocate was actually able to pick suring the maintenance of its core exploited and forced into involuntary Jamie up, drive her to court each time, sit focus of combating domestic violence. servitude. This bill will provide a com- by her, reassure her throughout the process, Some important provisions of this leg- prehensive approach to prevent traf- listen to her when she was angry and fearful, islation to Vermont include: ficking as well as ensure vigorous pros- explain what was going on, and nurture her through the process of being a witness to Reauthorization of current domestic ecution of those involved in this de- this case. violence programs through the Depart- plorable practice. The perpetrator was eventually convicted ment of Health and Human Services I am also pleased that this bill in- on several counts, and is serving time in the and increasing funding for these pro- cludes the Violence Against Women County jail.

VerDate 11-MAY-2000 03:20 Oct 12, 2000 Jkt 089060 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\CR\FM\G11OC6.139 pfrm01 PsN: S11PT1 October 11, 2000 CONGRESSIONAL RECORD — SENATE S10225 Jamie has begun picking up the pieces of prehensive manner by providing re- The threat of violence is pervasive, her life and is hopefully on the road to safe- sources for states and communities to and as Ms. Starr writes, it influences ty. disseminate education about domestic every decision a woman makes. Every Despite the successes of VAWA, al- violence; provide counseling to the vic- time a woman changes her pattern of most 900,0000 women continue to be tim, the aggressor, and any children in behavior—for example, when she walks victims of domestic violence each year, the family; and ensure shelter to every home from work a different way—in making it the number one health risk person and child who needs to leave order to avoid potential violence such for women between the ages of 15 and their home due to domestic violence. It as rape, stalking, domestic assault, she 44. This Violence Against Women Act is also important that health profes- is ultimately making a decision about Reauthorization will build on the suc- sionals are trained to identify and how to live her life. cesses of VAWA by more than doubling treat the medical conditions arising The original Violence Against the amount available for programs to from domestic violence. This is a crime Women Act, enacted in 1994, was a support women and children subject to that we must put an end to and we landmark piece of legislation. For the domestic abuse. must let those people who are suffering first time, Congress took a comprehen- Although I support the underlying know there is help on the way. sive look at the problem of violence Trafficking Victims Protection Act, I Violence knows no gender barriers, against women, created the programs, am concerned about a provision in this but we must not turn a blind eye to the and funded the shelters to help women bill referred to as Aimee’s Law. When fact that women are especially likely out of these violent situations. Since the Senator from Pennsylvania intro- to be vulnerable to danger and crime. then, thousands of women across the duced this provision as an amendment The Violence Against Women Act is a country have been given the oppor- critical tool in our fight to combat do- to he juvenile justice bill, I was one of tunity to free themselves from vio- mestic violence across America. It is the few who voted against it. I under- lence. stand the positive motive of those who an absolutely essential bill for our But the problem of violence against mothers, our daughters, our sisters, support this provision and I agree that women has not been solved in these six we should act to limit the number of relatives, friends, and co-workers. One of the most important issues fac- years since the original bill was signed tragedies that occur when persons con- ing women today is the threat of vio- into law. We must continue to talk victed of serious offenses are paroled lence. Three to four million American about ways in which we can guarantee and then subsequently commit the women are battered by their husbands women’s safety, further secure wom- same offense, but I do not support this or partners every single year. At least en’s rights, and strengthen our ability unworkable procedure. a third of all female emergency room as a nation to protect those inalienable I remain concerned that this bill will patients are battered women. A third rights as guaranteed under the Con- federalize state criminal court sys- of all homeless women and children in stitution. tems. Currently, the crimes covered in the U.S. are fleeing domestic violence. After all, how can we defend a wom- this bill are defined differently in dif- At least 5,000 women are beaten to an’s right to ‘‘life, liberty, and the pur- ferent states, which is appropriate death each year. A woman in the suit of happiness’’ when we cannot as a since the 50 state court systems handle United States is more likely to be as- nation protect women from ‘‘Rape, bat- 95 percent of all criminal cases in this saulted, injured, raped, or killed by a tery, and the onslaught of violence?’’ country. It is inappropriate to apply male partner than by any other assail- The Violence Against Women Act of federal definitions and federal sen- ant. And women are six times more 2000 reauthorizes these fundamental tencing guidelines to criminal cases likely than men to be the victims of a programs. The bill provides funding for tried in state courts. I also remain con- violent crime. grants to prevent campus crimes cerned about how the penalties will be This is more than just a nightmare against women; extends programs to imposed since the average terms of im- for women. It is an America that mil- prevent violence in rural areas; builds prisonment imposed by states are dif- lions of women and girls must wake up on the progress we have made in con- ferent than actual lengths of imprison- to each day. It is a grim reality mil- structing shelters for women who are ment and the cost of incarceration can lions of women and girls must enter victims of violent crimes; and not be known unless one can predict each day of their lives just to go to strengthens protections for older life expectancy. work or attend school. It is real life women from violence. On balance, I will vote for this Con- America for millions of women and I believe that no matter whatever ference Report because I strongly sup- girls. And it is an unspeakable tragedy. else Congress does for women—from en- port the Trafficking Victims Protec- How many of us were shocked in acting public policies and designing tion Act and Violence Against Women June to read that women were at- specific programs aimed to promote Act. tacked in New York City’s Central women’s health, education, economic Ms. SNOWE. Mr. President, I rise Park in broad daylight following a pa- security, or safety, we must also en- today in support of the Violence rade? For days afterward we read head- sure that women have equal protection Against Women Act of 2000, which is lines entitled ‘‘Defenseless in the under our country’s law and in our con- included in the conference report for Park’’ . . . ‘‘Six More Arrested in Sex stitution. Reauthorizing the Violence the Trafficking Victims Protection Act Attacks in Park’’ . . . ‘‘Police Study Against Women Act programs is an im- (H.R. 3244). Current authorization for Central Park Mob’s 35-Minute Binge of portant step in this direction. these programs expired at the end of Sexual Assault.’’ The litany of tragedy It isn’t often that Congress can claim September, and I believe that we must and violence against the women as- to enact a law that literally may mean take immediate action to ensure that saulted that day in Central Park paints life or death for a person. The Violence these programs are reauthorized before a full, stark and disheartening picture Against Women Act is such a law, and we go home. This bill has broad sup- of a nation unable to protect a wom- I urge my colleagues to join me in sup- port on both sides of the aisle, with 73 an’s safety. porting this bill. cosponsors. One of the victims, Emma Sussman Mr. BIDEN. Mr. President, we will Domestic violence, no matter who Starr, wrote the New York Times not have the opportunity to vote today commits it, is an extremely serious and about her attack and about the preva- on the merits of Aimee’s Law, but in- tragically common crime that dev- lence of violence against women in stead, on a jurisdictional issue regard- astates families and takes a great toll America. She said: ‘‘Women learn early ing whether the bill was properly in- on our society. Moreover, domestic vio- which streets are safe to walk on, when cluded in the Sex Trafficking Con- lence often goes unreported, in large it’s safe to be there and even how to ference Report. Because I believe the part because the incident is seen as a walk (hands wrapped around keys, eyes jurisdictional objection is unfounded private and personal issue or because of straight ahead). We accept that we and I am unwilling to jeopardize the the fear of a repeated attack by the as- must pay for our safety in the form of passage of the other significant pieces sailant. cabs and doorman buildings in more ex- of legislation included in the Con- In my view, Congress must continue pensive neighborhoods.’’ What a sad ference Report—most importantly, the to address domestic violence in a com- statement. Biden-Hatch Violence Against Women

VerDate 11-MAY-2000 03:20 Oct 12, 2000 Jkt 089060 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\CR\FM\A11OC6.057 pfrm01 PsN: S11PT1 S10226 CONGRESSIONAL RECORD — SENATE October 11, 2000 Act of 2000—I will vote against Senator and constitutionality of a law that, in- Before turning to the bill itself, let THOMPSON’s point of order. stead of clearly conditioning a federal me again compliment the Senator from I supported a similar version of grant upon a State’s performance of a Tennessee. He has shown time and time Aimee’s Law in the form of an amend- specific and clearly stated task, penal- again that his commitment to fed- ment to the Juvenile Justice bill last izes a State for conduct that occurs eralism is principled and real. He does year. Upon reflection, however, I be- after the fact and that is not entirely not oppose federal intrusion into state lieve that my support was misplaced. I within the State’s control—the offend- affairs as a political tactic, as I fear so am troubled by this legislation from er’s commission of another serious many of my colleagues do. He truly be- both a practical and a constitutional crime in another State. In this sense, lieves that our states deserve auton- perspective. Aimee’s Law is far more onerous and omy and is willing to stand up for Aimee’s Law requires the Attorney far less respectful of fundamental prin- them, even when it is politically un- General, in any case in which a State ciples of federal-state comity than a popular, as it no doubt is here. convicts an individual of murder, rape, straightforward law conditioning fed- I want the Senator from Tennessee to or a dangerous sexual offense, when eral spending upon the States’ adop- know that I respect his principles as that individual has a prior conviction tion of more stringent sentencing well as support them. We miss his judg- for any one or more of those offenses in laws—the likely result of this legisla- ment and restraint, I must say, in the another State, to transfer federal law tion. In a climate in which the U.S. Su- Judiciary Committee on which he enforcement assistance funds that have preme Court is quick to strike down served until the beginning of this Con- been allocated to the first State in an Acts of Congress that, in the Court’s gress. amount equal to the costs of incarcer- view, infringe upon the States’ prerog- Here, of course, we are not preparing ation, prosecution, and apprehension of atives, Aimee’s Law, I fear, presents an to pass a new federal murder, rape, or that individual, to the second State. all too inviting target and needlessly sexual offense statute. But we might as The bill contains a ‘‘safe harbor’’ ex- risks creating bad precedent regarding well do that because in Aimee’s Law we empting from this substantial penalty the scope of Congress’s spending au- are forcing the states through the use those States in which No. 1 the indi- thority. of federal law enforcement assistance vidual offender at issue has served 85 It is my hope that Congress and the funds to increase their penalties for percent or more of his term of impris- President will monitor the operation of these offenses. Since when is it the onment, and No. 2 the average term of this law and revisit it if necessary. province of the federal government to imprisonment imposed by the State for The PRESIDING OFFICER. The Sen- determine the sentences for state the prior offense at issue is at or above ator from Wisconsin. crimes? That is what we are doing the average term of imprisonment im- Mr. FEINGOLD. Mr. President, I rise here. posed for that offense in all States. to thank the Senator from Tennessee Mr. President, in addition to fur- As a practical matter, this bill can for having the courage to speak out thering the federalization of the crimi- only promote a ‘‘race to the top,’’ as against this ill-advised legislation nal law, this provision is very poorly States feel compelled to ratchet up known as Aimee’s law. I say he has thought out. As the National Gov- their sentences—not necessarily be- courage because there is a lot of emo- ernors Association, the National Con- cause they view such a shift as desir- tion involved in any debate concerning ference of State Legislatures, the able public policy—but in order to serious violent crime such as murder, Council of State Governments and the avoid losing crucial federal law en- rape, or other sexual offenses. Some Department of Justice have told us, it forcement funds. Ironically, those have said it is dangerous to vote won’t work. Even if states wish to com- States that are apt to benefit most against, much less speak against, any ply with this law they won’t be able to from federal law enforcement assist- crime bill that is named after a real do. ance may well be those with the poor- person. That is certainly the case here Here’s why: Under this bill, if a per- est record of keeping dangerous offend- in this incredibly tragic case that son who has been convicted of a mur- ers behind bars, the same States likely underlies this legislation. der, rape or dangerous sexual offense is to lose these valuable crime-fighting I also know that anything goes in a released from prison and commits a se- funds. Nor can States readily assess conference, including adding provisions rious crime in another state, the origi- where they stand relative to other for political reasons that do not with- nal state becomes liable to the second States since they are always striving stand even the most basic scrutiny of state for all the costs of investigation, to hit a moving target and maintain whether they will work or can even be prosecution, and incarceration of the sentences at or above an elusive aver- understood by the people or the enti- second crime. To avoid that liability, age of all state sentences for various ties that are supposed to abide by which the Attorney General must en- qualifying offenses. them. force through reallocation of the sec- The law also will spawn an adminis- I am sorry to say that Aimee’s law is ond states’ federal law enforcement as- trative nightmare for the Attorney bad law—perhaps well intentioned—but sistance funds, the second state must General, who is charged under the leg- bad law. I will support the Thompson comply with two conditions. islation with the responsibility of con- point of order in order to state my ob- First, it must make sure that persons stantly tabulating and retabulating jection to this provision. convicted of these serious offenses the average sentences across the na- The young woman who inspired this serve at least 85 percent of their sen- tion for a host of different serious of- bill was tragically raped and murdered tences. So far, so good. States can com- fenses, as well as with the responsi- in Pennsylvania. A shocking crime was ply with that federal sentencing re- bility of keeping track of which State’s committed against her, against her quirement if they want to avoid risk- federal funds should be reallocated to family, and, indeed against all of us. ing their federal money. But the fed- which other States every time a re- All of us in this body feel horrible eral coercion doesn’t stop there. The leased offender commits another quali- about that crime and its consequences. state must make sure that the average fying crime. The law even requires the But that does not absolve us of the sentence for the original crime is Attorney General to consult with the duty to analyze legislation that comes greater than the average sentence for governors of those States with federal before us, even if it bears the name of such crimes in all the states. This is a funds at risk to establish a payment a child who was tragically killed. This remarkable condition, Mr. President, schedule. It’s no wonder that the na- legislation violates important prin- that actually makes it impossible for tion’s governors so strongly oppose ciples of federalism. It will handcuff all 50 states to be in compliance at any this law. our states in their fights against vio- one time. As a constitutional matter, I have lent crime. And most important, it just Now Mr. President, think about this. grave concerns about Aimee’s Law’s won’t work. It won’t accomplish what Suppose a state determines that its av- seeming disregard of basic principles of its sponsor and supporters say they erage sentence for rape is 20 years, but federalism. Congress’s spending author- want to accomplish. So I support Sen- the average for all states for that ity is undeniably broad. But I have se- ator THOMPSON’s point of order and crime is 25 years. So the state raises its rious reservations about the wisdom hope my colleagues will as well. sentence to 26 years. That act will

VerDate 11-MAY-2000 03:47 Oct 12, 2000 Jkt 089060 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 E:\CR\FM\G11OC6.113 pfrm01 PsN: S11PT1 October 11, 2000 CONGRESSIONAL RECORD — SENATE S10227 itself change the average sentence for to the death penalty. We should not the averaging figure applies—does it apply at all the states, possibly putting other use federal funds to force them to the time of sentencing for a similar crime states under the average and encour- change their positions. across all states? Is the average for a specific aging them to raise their sentences. If this bill had gone through the Ju- time frame? Does the sentencing average diciary Committee, some of the dif- only apply to cases sentenced to prison, or The average sentence for all the states does it include persons sentenced to a jail will therefore almost never be constant ficulties in interpreting and applying it term and probation? We don’t know what the or predictable. Every time a state might have been worked out. Here all nationwide average is now and this figure changes its sentencing guidelines to the negotiating has gone on behind will constantly be changing. try to get above the average, the aver- closed doors. This is what happens 3. Determination of Comparable State age will change and other states will be when the normal legislative process is Statutes—There is no uniform criminal code forced to revise their own sentences. circumvented as it has been so often for all states. It will be very difficult to de- We will have rolling averages and no this year. It’s now the norm for the termine comparable state statutes to ‘‘Dan- majority to look for conference reports gerous Sexual Offense,’’ ‘‘Murder,’’ and certainty in sentencing or in the avail- ‘‘Rape.’’ This will be subject to significant ability of federal money for important as vehicles for bills that they want to variation across the nation. state law enforcement purposes. enact without going through the legis- This bill pits each state against the others. And that does not even take into ac- lative process. The costs associated with administration of count that the average sentence for an We used to have a rule, as my col- the law, and the resulting ‘‘loss’’ of funds individual state will even sometimes leagues know, that prevented items may be greater than the grant funds to change as different criminals are con- from being added to a conference re- which the state would otherwise be entitled. victed and sentenced to slightly dif- port that were beyond the scope of the States may opt to not administer the law conference. Last year, the minority (not ‘‘charge’’ another state) so that another ferent terms. So the averages that state will not charge them. Enforcement of states are supposed to keep track of in leader offered an amendment to restore this law will be dependent upon each state order to keep their law enforcement as- the rule, but it was voted down on a agreeing to fully implement its provisions. sistance funds will literally change day near party line vote. If the intent of the bill is to insure that by day. This bill is an administrative So now, anything goes in a con- each state has implemented TIS, retroactive nightmare for our states, even if they ference, including adding provisions for application is unnecessary. You only need to want to comply. purely political reasons that don’t apply the bill to states that haven’t passed I ask unanimous consent that a let- withstand even the most basic scrutiny TIS and exempt those that have enacted ter from the Secretary of the Wis- of whether they will work, or can even laws that require at least 85% of a term of be understood by the people or entities imprisonment to be served. consin Department of Corrections in Given the complexity of administering this opposition to this bill be printed in the that are supposed to abide by them. I bill and the pitting of one state against an- RECORD at the conclusion of my state- am sorry to say that Aimee’s law is bad other, I don’t believe this legislation will en- ment. law. Perhaps well-intentioned, but bad hance the criminal justice system. The PRESIDING OFFICER. Without law. I will support the Thompson point Thank you for taking the time to consider objection, it is so ordered. of order in order to state my objection my comments. (See Exhibit 1.) to this provision. Sincerely, Mr. FEINGOLD. After setting out a I yield the floor. JON E. LITSCHER, Secretary. number of the difficulties of complying EXHIBIT 1 with this bill, Secretary Jon Litscher STATE OF WISCONSIN, The PRESIDING OFFICER. The hour concludes the following: DEPARTMENT OF CORRECTIONS, of 4:30 p.m. having arrived, under the Given the complexity of administering this Madison, WI, October 10, 2000. previous order the Senate will now pro- bill and pitting one state against another, I Hon. RUSSELL D. FEINGOLD, ceed to a vote in relation to the appeal don’t believe this legislation will enhance U.S. Senator, of the Senator from Tennessee. The the criminal justice system. Washington, DC. question is, Shall the decision of the DEAR SENATOR FEINGOLD: It has come to Chair stand as the judgment of the I believe that Mr. Litscher’s view is my attention that the provisions of H.R. 894 shared by criminal justice profes- (Aimee’s Law) have been attached to other Senate? The yeas and nays have been sionals all over the country, along with legislation that may be considered by the ordered. The clerk will call the roll. Governors and other elected officials, United States Senate on Wednesday, October The assistant legislative clerk called all of whom are working just as hard to 11th. I am very concerned about the negative the roll. reduce violent crime as the sponsors of fiscal/policy ramifications on the Depart- Mr. NICKLES. I announce that the this bill. ment of Corrections and the State of Wis- Senator from North Carolina (Mr. consin. I cannot leave this topic of how this HELMS) and the Senator from Okla- Aimee’s law provides that in any case in provision creates a ‘‘race to the top’’ in which a person is convicted of a dangerous homa (Mr. INHOFE) are necessarily ab- sentencing without commenting on sexual offense, murder or rape, and that per- sent. how it will effect the death penalty. son has been previously convicted of that of- I further announce that, if present Currently, 38 states have the death fense in another state, the state of the prior and voting, the Senator from Okla- penalty for some crimes. That is more conviction will incur fiscal liabilities. It will homa (Mr. INHOFE) would vote ‘‘yea.’’ than half the states. Now I am not sure have deducted from its federal criminal jus- Mr. REID. I announce that the Sen- how you calculate an average sentence tice funds the cost of apprehension, prosecu- ator from California (Mrs. FEINSTEIN), when some jurisdictions use the death tion and incarceration of the offender. These the Senator from Massachusetts (Mr. funds will then be transferred to the state penalty. But there would certainly be a where the subsequent offense occurred. KERRY), and the Senator from Con- strong argument that the states that This legislation has a very confusing array necticut (Mr. LIEBERMAN) are nec- do not use the death penalty will risk of provisions. For example: essarily absent. losing federal law enforcement assist- 1. Retroactivity—While this bill has an ef- The result was announced—yeas 90, ance funds if a convicted murderer is fective date of January 1, 2002, it doesn’t ap- nays 5, as follows: pear to have an applicability section that is let out on parole and commits another [Rollcall Vote No. 268 Leg.] normally drafted into bills introduced in the serious crime. Basically, this policy Wisconsin legislature. Many states have YEAS—90 could force states to either enact the passed truth-in-sentencing laws that make Abraham Bunning Dodd death penalty or never release a person them eligible for federal grant money. How- Akaka Burns Domenici convicted of murder on parole. ever, a state cannot change the sentencing Allard Byrd Dorgan Now maybe that is what some people structure for persons sentenced under a prior Ashcroft Campbell Durbin law. Wisconsin’s truth-in-sentencing law Baucus Chafee, Lincoln Edwards want. But I believe that whether to im- Bayh Cleland Enzi pose the ultimate penalty of death (TIS) applies to persons who commit a felon Bennett Cochran Fitzgerald should be up to the states and their on or after December 31, 1999 and inmates Biden Collins Frist citizens. Federal coercion has no place must serve 100% of the term of imprisonment Bingaman Conrad Gorton imposed by the court. Boxer Craig Graham in this question of conscience. A num- 2. Section (3)(a), ‘‘the average term of im- Breaux Crapo Gramm ber of states, including my own, have prisonment imposed by State . . .’’ does not Brownback Daschle Grams long and proud histories of opposition specify the term nor time period in which Bryan DeWine Grassley

VerDate 11-MAY-2000 03:47 Oct 12, 2000 Jkt 089060 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 E:\CR\FM\A11OC6.064 pfrm01 PsN: S11PT1 S10228 CONGRESSIONAL RECORD — SENATE October 11, 2000 Gregg Lincoln Roth Lott Reid Snowe ing for the California-Bay Delta initia- Harkin Lott Santorum Lugar Robb Specter Hatch Lugar Sarbanes Mack Roberts Stevens tive. This decision could significantly Hollings Mack Schumer McCain Rockefeller Thomas hamper ongoing Federal and State ef- Hutchinson McCain Sessions McConnell Roth Thompson forts to restore this ecosystem, protect Hutchison McConnell Shelby Mikulski Santorum Thurmond the drinking water of 22 million Cali- Inouye Mikulski Smith (NH) Miller Sarbanes Torricelli Jeffords Miller Smith (OR) Moynihan Schumer Voinovich fornians, and enhance water supply and Johnson Moynihan Snowe Murkowski Sessions Warner reliability for over 7 million acres of Kennedy Murkowski Specter Murray Shelby Wellstone highly productive farmland and grow- Kerrey Murray Stevens Nickles Smith (NH) Wyden Kohl Nickles Thomas Reed Smith (OR) ing urban areas across California. The Kyl Reed Thurmond $60 million budget request, all of which Landrieu Reid Torricelli NOT VOTING—5 would be used to support activities Lautenberg Robb Warner Feinstein Inhofe Lieberman that can be carried out using existing Leahy Roberts Wellstone Helms Kerry Levin Rockefeller Wyden authorities, is the minimum necessary The conference report was agreed to. to ensure adequate Federal participa- NAYS—5 Mr. LOTT. Mr. President, I move to tion in these initiatives, which are es- Bond Hagel Voinovich reconsider the vote, and I move to lay Feingold Thompson sential to reducing existing conflicts that motion on the table. among water users in California. This NOT VOTING—5 The motion to lay on the table was funding should be provided without leg- Feinstein Inhofe Lieberman agreed to. islative restrictions undermining key Helms Kerry f environmental statutes or disrupting The PRESIDING OFFICER. On this the balanced approach to meeting the ENERGY AND WATER DEVELOP- vote, the yeas are 90; the nays are 5. needs of water users and the environ- MENT APPROPRIATIONS ACT OF The decision of the Chair stands as the ment that has been carefully developed 2001—VETO judgment of the Senate. through almost 6 years of work with Mr. HATCH. Mr. President, I move to The PRESIDING OFFICER. The Sen- the State of California and interested reconsider the vote. ate having received a veto message on stakeholders. Mr. SANTORUM. I move to lay that H.R. 4733, under the previous order, the The bill also fails to provide suffi- motion on the table. message is considered as having been cient funding necessary to restore en- The motion to lay on the table was read, the message will be printed in the dangered salmon in the Pacific North- agreed to. RECORD and spread in full upon the west, which would interfere with the The PRESIDING OFFICER. The Journal, and referred to the Committee Corps of Engineers’ ability to comply question is on agreeing to the con- on Appropriations. with the Endangered Species Act, and ference report. The veto message ordered to be print- provides no funds to start the new con- Mr. BROWNBACK. Mr. President, I ed in the RECORD is as follows: struction project requested for the ask for the yeas and nays. To the House of Representatives: Florida Everglades. The bill also fails The PRESIDING OFFICER. Is there a I am returning herewith without my to fund the Challenge 21 program for sufficient second? approval, H.R. 4733, the ‘‘Energy and environmentally friendly flood damage There is a sufficient second. Water Development Appropriations reduction projects, the program to The clerk will call the roll. Act, 2001.’’ The bill contains an unac- modernize Corps recreation facilities, The legislative clerk called the roll. ceptable rider regarding the Army and construction of an emergency out- Mr. NICKLES. I announce that the Corps of Engineers’ master operating let at Devil’s Lake. In addition, it does Senator from North Carolina (Mr. manual for the Missouri River. In addi- not fully support efforts to research HELMS) and the Senator from Okla- tion, it fails to provide funding for the and develop nonpolluting, domestic homa (Mr. INHOFE) are necessarily ab- California-Bay Delta Initiative and in- sources of energy through solar and re- sent. cludes nearly $700 million for over 300 newable technologies that are vital to I further announce that if present unrequested projects. American’s energy security. and voting, the Senator from Okla- Section 103 would prevent the Army homa (Mr. INHOFE) would vote ‘‘yea.’’ Corps of Engineers from revising the Finally, the bill provides nearly $700 Mr. REID. I announce that the Sen- operating manual for the Missouri million for over 300 unrequested ator from California (Mrs. FEINSTEIN), River that is 40 years old and needs to projects, including: nearly 80 the Senator from Massachusetts (Mr. be updated based on the most recent unrequested projects totaling more KERRY), and the Senator from Con- scientific information. In its current than $330 million for the Department of necticut (Mr. LIEBERMAN) are nec- form, the manual simply does not pro- Energy; nearly 240 unrequested essarily absent. vide an appropriate balance among the projects totaling over $300 million for The PRESIDING OFFICER. Are there competing interests, both commercial the Corps of Engineers; and, more than any other Senators in the Chamber de- and recreational, of the many people 10 unrequested projects totaling in ex- siring to vote? who seek to use this great American cess of $10 million for the Bureau of The result was announced—yeas 95, river. The bill would also undermine Reclamation. For example, more than nays 0, as follows: implementation of the Endangered 80 unrequested Corps of Engineers con- [Rollcall Vote No. 269 Leg.] Species Act by preventing the Corps of struction projects included in the bill would have a long-term cost of nearly YEAS—95 Engineers from funding reasonable and much-needed changes to the operating $2.7 billion. These unrequested projects Abraham Cochran Grassley and earmarks come at the expense of Akaka Collins Gregg manual for the Missouri River. The Allard Conrad Hagel Corps and the U.S. Fish and Wildlife other initiatives important to tax- Ashcroft Craig Harkin paying Americans. Baucus Crapo Hatch Service are entering a critical phase in Bayh Daschle Hollings their Section 7 consultation on the ef- The American people deserve govern- Bennett DeWine Hutchinson fects of reservoir project operations. ment spending based upon a balanced Biden Dodd Hutchison This provision could prevent the Corps approach that maintains fiscal dis- Bingaman Domenici Inouye Bond Dorgan Jeffords from carrying out a necessary element cipline, eliminates the national debt, Boxer Durbin Johnson of any reasonable and prudent alter- extends the solvency of Social Security Breaux Edwards Kennedy native to avoid jeopardizing the contin- and Medicare, provides for an appro- Brownback Enzi Kerrey Bryan Feingold Kohl ued existence of the endangered least priately sized tax cut, establishes a Bunning Fitzgerald Kyl tern and pallid sturgeon, and the new voluntary Medicare prescription Burns Frist Landrieu threatened piping plover. drug benefit in the context of broader Byrd Gorton Lautenberg In addition to the objectionable re- reforms, expends health care coverage Campbell Graham Leahy Chafee, L. Gramm Levin striction placed upon the Corps of En- to more families, and funds critical in- Cleland Grams Lincoln gineers, the bill fails to provide fund- vestments for our future. I urge the

VerDate 11-MAY-2000 03:47 Oct 12, 2000 Jkt 089060 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 E:\CR\FM\A11OC6.058 pfrm01 PsN: S11PT1 October 11, 2000 CONGRESSIONAL RECORD — SENATE S10229 Congress to work expeditiously to de- the Presiding Officer has had so much port at 9:30 a.m. on Wednesday and velop a bill that addresses the needs of interest. This is really a big bill and an paragraph 4 of rule XII be waived. the Nation. important bill. So I hope we can get The PRESIDING OFFICER. Is there WILLIAM J. CLINTON. agreement. I believe we will. objection? THE WHITE HOUSE, October 7, 2000. Also, I emphasize that by spending 6 Mr. REID. Mr. President, reserving the right to object, we have no objec- The PRESIDING OFFICER (Mr. hours on this bill, you know that is time we could be spending on the Agri- tion if we would move to this by a vote. VOINOVICH). The majority leader. We would agree to a voice vote. We do Mr. LOTT. Mr. President, we do have culture appropriations conference re- port or other conference reports that not believe we can do this by consent. some additional consent requests we Mr. LOTT. Mr. President, if I could have been working on. I have a couple may be ready by tomorrow afternoon. So I hope we can get this locked up ask the Senator to yield and make sure here and Senator MCCAIN has agreed to I understand what he is saying, did you allow us to do these. Then he has a soon. But, in view of the legitimate request say we could do this by voice vote? couple of unanimous consents he wants Mr. REID. We would be willing for that was made by the Senator, I mod- to ask. The first has to do with the De- you to move to proceed and we would ify my unanimous consent request and fense Department authorization bill for voice vote that. end it after the words ‘‘considered as the next fiscal year. Mr. MCCAIN. I object. having been read’’ in the first para- f Mr. LOTT. Mr. President, again, we graph. will keep working to try to get agree- UNANIMOUS CONSENT Mr. REID. Mr. President, reserving ments accepted. I do not quite under- AGREEMENT—H.R. 4516 the right to object, I say to the major- stand why the Agriculture appropria- ity leader, I think the work done by tions bill cannot be debated tonight, Mr. LOTT. Mr. President, I ask unan- Senator WARNER and Senator LEVIN on imous consent the Senate proceed to now, and voted on tomorrow. And I do this bill has been exemplary. They not understand why we cannot get an the DOD authorization conference re- worked well together. This is a very agreement to have debate on it on Fri- port following the reconsideration vote important bill. We on this side, the mi- day and Tuesday, and a vote on on H.R. 4516 on Thursday, and the con- nority, understand the importance of Wednesday. I know there are Senators ference report be considered as having this legislation. As we speak, we are who want to talk on it. That is their been read and debated under the fol- working with one of our Members to right in the Senate. But if we are ever lowing time agreement: 2 hours under get this worked out. going to get this process completed, we the control of the chairman of the Maybe before the evening is over we need to get the Agriculture appropria- Armed Services Committee, 1 hour can get back and put in the time agree- tions conference report done. under the control of Senator GRAMM, ment. We just are not able to do that I am still holding out some hope that 21⁄2 hours under the control of Senator right now. But we want to make sure maybe the Commerce-State-Justice LEVIN, 30 minutes under the control of we underscore what the leader has said. conference report and even the Labor- Senator WELLSTONE; That following This is an important bill. I really hope HHS conference report could be agreed the debate just outlined, Senator we can complete it before the end of to and could be dealt with tomorrow in KERREY be recognized to make a point the session. such a way we could have a vote on of order and that the motion to waive Mr. WARNER. Mr. President, I, first, them on Thursday or Friday. But we do the Budget Act be limited to 2 hours thank the distinguished leader and dis- not have that yet. equally divided in the usual form. tinguished Democratic whip, all of us Is there objection? I further ask consent that following who made this possible. We are within Mr. REID. Mr. Leader, if I could just the use or yielding back of time on the 1 millimeter of resolving this problem. say before you withdraw the consent motion to waive, the Senate proceed to It has just been addressed to me. This request, we would be willing, tonight, vote on the motion and, if waived, a is the first time I heard it. I know the to have you move to proceed to this vote occur immediately on adoption of Senator very well and we are going to measure. As I said, we would be agreeable to the conference report, without any in- see what we can do to work this thing move to proceed to this bill by a voice tervening action, motion, or debate. out. So I think the Senate can assume vote and start the debate tonight. We Mr. REID. Reserving the right to ob- that what the leadership has presented are not in any way trying to delay the ject, I say to the majority leader we here, this unanimous consent request, have no problem going to the bill. We consideration of this very important can be accepted in the course of the bill. have a problem with the time right day. now. There is one Senator over here Mr. LOTT. I think the Senator knows Mr. LOTT. OK. there is a great difference between trying to work something out with Mr. WARNER. This will be the 39th both majority and minority staff. We moving to proceed and asking unani- consecutive authorization bill for the mous consent. For now, obviously, we feel confident that can be done. But I Armed Forces of the United States by think it would be to everyone’s best in- cannot get the unanimous consent the Senate. And it is an absolute must agreement, so we will not be able to terest if we stop the unanimous con- piece of legislation, as our distin- proceed. sent agreement after the word ‘‘read’’ guished leader and the distinguished In light of the discussions we have on the first paragraph. Democratic whip said. just had, and since we cannot get an Mr. LOTT. Mr. President, I am sure The PRESIDING OFFICER. Without agreement on taking up Agriculture there is a good faith effort being made objection, it is so ordered. now, the next votes will occur at 12:30 here. So I will revise my unanimous f p.m. tomorrow regarding HUD-VA and consent request. related issues, and additional votes will But let me emphasize to all the Mem- UNANIMOUS CONSENT REQUEST— H.R. 4461 occur late tomorrow afternoon regard- bers that this is a very important bill. ing the DOD authorization conference Some people think: We have passed the Mr. LOTT. Mr. President, I ask con- report if we can get this time agree- Defense appropriations bill, the mili- sent that at 10 a.m. on Friday the Sen- ment worked out, and I assume we will tary construction appropriations bill; ate turn to the conference report to ac- be able to. With that, I yield the floor. what do we need an authorization bill company H.R. 4461, the Agriculture ap- f for? This is the bill that makes the law propriations conference report, and it that authorizes things for our military be considered under the following TRANSPORTATION RECALL EN- men and women, including an increase agreement, with the time equally di- HANCEMENT ACCOUNTABILITY in pay, including the very important, vided in the usual form. AND DOCUMENTATION ACT laboriously worked out provisions with I ask consent that debate continue The PRESIDING OFFICER. The Sen- regard to health benefits for our active beginning at 9:30 a.m. on Tuesday and ator from Arizona. duty men and women and their fami- proceed through the day. Mr. MCCAIN. Mr. President, in just a lies and our retirees. It also has the De- I ask consent the vote occur on adop- few minutes I will propound a unani- partment of Energy language in which tion of the Agriculture conference re- mous consent request concerning the

VerDate 11-MAY-2000 03:47 Oct 12, 2000 Jkt 089060 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 E:\CR\FM\A11OC6.068 pfrm01 PsN: S11PT1 S10230 CONGRESSIONAL RECORD — SENATE October 11, 2000 Transportation Recall Enhancement, and prevent injuries. I urge the full Senate I am pleased and gratified that the Accountability, and Documentation to pass H.R. 5164 before the end of this ses- Senator from South Carolina, who has Act. First, I ask unanimous consent sion. It is critically needed legislation. some differing views, as I do, on this that a letter I just received from the Sincerely, bill, wants to see it perfected, as does RODNEY E. SLATER. Secretary of Transportation be printed the Senator from Ohio. But I also agree C in the RECORD. Mr. M CAIN. Mr. President, I will with the Secretary of Transportation There being no objection, the letter quote parts of the letter from Sec- who says that this is an enormously was ordered to be printed in the retary Slater: important step forward to take. RECORD, as follows: DEAR MR. CHAIRMAN: As you know, the I take this opportunity to thank Sen- House acted early today to pass H.R. 5164, THE SECRETARY OF TRANSPORTATION, ator HOLLINGS for his efforts and the the Transportation Recall Enhancement, Ac- Washington, DC, October 11, 2000. way we worked in a bipartisan fashion countability, and Documentation Act. This Hon. JOHN MCCAIN, is another important step toward resolving to report a bill by a vote of 20–0 out of Chairman, Committee on Commerce, Science, issues raised by the National Highway Traf- the Commerce Committee. and Transportation, U.S. Senate, Wash- fic Safety Administration’s ongoing Fire- I will propound two unanimous con- ington, DC. stone tire investigation. sent requests, if the first one is ob- DEAR MR. CHAIRMAN: As you know, the We strongly support enactment of H.R. House acted early today to pass H.R. 5164, jected to. If the first one is objected to, 5164. The bill provides increased penalties for the Transportation Recall Enhancement, Ac- then I will try another unanimous con- safety defects and noncompliances in motor countability, and Documentation (TREAD) sent request. vehicles and motor vehicle equipment; Act. This is another important step toward Mr. HOLLINGS. Will the distin- lengthens the period for free remedy of de- resolving issues raised by the National High- fects and noncompliances; enhances the abil- guished Senator yield? way Traffic Safety Administration’s ity of NHTSA to obtain information from Mr. MCCAIN. I will be glad to yield to (NHTSA) ongoing Firestone tire investiga- foreign as well as domestic sources; and au- the Senator from South Carolina. tion. thorizes increased appropriations to enable Mr. HOLLINGS. Mr. President, the We strongly support enactment of H.R. NHTSA to carry out its additional respon- distinguished chairman of the com- 5164. The bill provides increased penalties for sibilities. These provisions were sought by mittee has led the way on this tire safety defects and noncompliances in motor the Administration in its proposed legisla- vehicles and motor vehicle equipment; safety measure on the Senate side. I tion. H.R. 5164 also directs NHTSA to review lengthens the period for free remedy of de- just had an opportunity to look at the and report on its procedures for opening de- fects and noncompliances; enhances the abil- House provision. There is no question fect investigations, a review which the agen- ity of NHTSA to obtain information from cy has already begun, and directs NHTSA to that there are two or three things in foreign as well as domestic sources; and au- conduct rulemaking to amend the safety there that should be cleared up. One, it thorizes increased appropriations to enable standards on tires, an action which is con- has certain reporting requirements, NHTSA to carry out its additional respon- sistent with the agency’s rulemaking plans. but then the National Highway Traffic sibilities. These provisions were sought by Safety Administration is supposed to the Administration in its proposed legisla- I will not read the whole letter, ex- tion. H.R. 5164 also directs NHTSA to review cept the last paragraph: keep them top secret. I want that ex- and report on its procedures for opening de- In the final days of the 106th Congress, we plained to me. We do not operate like fect investigations, a review which the agen- must not lose the opportunity to save lives the CIA. There is no reason to keep it cy has already begun, and directs NHTSA to and prevent injuries. I urge the full Senate from public knowledge. In fact, that is conduct rulemaking to amend the safety to pass H.R. 5164 before the end of this ses- exactly why we have this entity—to standards on tires, an action which is con- sion. It is critically needed legislation. collect reported defects that come to sistent with the agency’s rulemaking plans. Save lives and prevent injuries. the attention of the consumers in The early warning section in H.R. 5164 en- America. ables NHTSA to obtain information about I ask unanimous consent to print in potential defects earlier than under current the RECORD a letter that was sent from Secondly, there is another provision law. The agency will use the information in Ms. Claybrook, president of Public Cit- with respect to criminal penalties. I deciding whether to open an investigation izen, and others to the House of Rep- have tire manufacturers in my State, and will be able to release information in the resentatives on October 9. and I wanted to be absolutely clear context of its investigation, as it does today. That letter says: that we did not unduly threaten fine, Information that is not made a part of an in- DEAR REPRESENTATIVE: We are writing to good businessmen who are working to vestigation could be released if NHTSA de- urge the passage of H.R. 5164, despite its seri- produce a safe product. Or make it so termines it would assist in carrying out the ous deficiencies. that they would be faced with some agency’s investigative responsibilities. The bill contains a new section 30170 that aug- It ends up in the last part of the let- kind of criminal charge by way of a ments the penalties under section 1001 of ter: mistake that did not come to their title 18, United States Code, if a person in- We urge you to vote to send this bill for- knowledge. That was not the intent of tentionally misleads the Secretary con- ward, to encourage the House managers to the Senator from Arizona and the Sen- cerning a safety defect that results in death work with the Senate managers to improve ator from South Carolina as we worked or serious injury. A ‘‘Safe Harbor’’ provision the legislation, and to make sure the author- through this. would excuse the person from the augmented ity of NHTSA to protect the public safety is Obviously, that was taken out of the penalties, but would not excuse the person not degraded. Senate bill. Otherwise we would never from other penalties under section 1001. The Even though there may be objections Department of Justice will communicate have had a unanimous vote in report- separately its views on the criminal provi- from Ms. Claybrook and some of her ing this bill 20–0. But there is a provi- sions. colleagues, the fact is she wrote to the sion in that House bill whereby if there The focus now turns to the Senate, where House urging a vote for this legislation has been a willful and malicious re- you have been working diligently on passage at this time. I think it should be an im- porting to this agency—such as we saw of similar legislation, S. 3059, the Motor Ve- portant part of the RECORD. in the tobacco case where they all hicle and Motor Vehicle Equipment Defect Finally, I do not view this as a pan- raised their hands and you knew they Notification Improvement Act. Both of the acea. The Presiding Officer has signifi- were lying at the time—then there bills contain several key provisions proposed cant concerns. We had entered into a by the Clinton-Gore Administration. We are should be a criminal penalty. That committed to ensuring that NHTSA has the colloquy concerning his concerns. ought to be cleared up in the House authority to seek and receive information on Those concerns are legitimate. I assure bill. potential defects; receives sufficient funding the Senator from Ohio that the Sen- We are only asking that the Senate to carry out its expanded responsibilities; ator from South Carolina and I will bill be considered so we can amend the and has the authority to impose stiffer pen- continue to work on this issue next House bill and work this measure out alties to ensure compliance with U.S. motor year. I will tell the Senator from Ohio under the leadership of Senator vehicle safety laws. why: Because there is going to be more MCCAIN. Also, Senate confirmation of the Presi- people dying before this issue is re- The other provision with respect to dent’s nominee for Administrator of NHTSA would help implementation of this legisla- solved. Just this last weekend in Lou- the reporting of claims—after all that tion immeasurably. isiana, a young boy, who was in a roll- is the only way we found out about In the final days of the 106th Congress, we over accident from a tire that shred- these recent deaths that now approxi- must not lose the opportunity to save lives ded, went into a coma. mate 100 killed on the highways. As

VerDate 11-MAY-2000 03:47 Oct 12, 2000 Jkt 089060 PO 00000 Frm 00068 Fmt 4624 Sfmt 0634 E:\CR\FM\G11OC6.146 pfrm01 PsN: S11PT1 October 11, 2000 CONGRESSIONAL RECORD — SENATE S10231 they brought these claims down to a least in the view of the Secretary of relevant amendments. We would agree conclusion, the judge put them under Transportation. An opportunity to save to time limits. We would agree to a what we call a gag order where they lives and prevent injuries is occurring very short time limit on the relevant were not allowed to consider or consult here. I do not think we can let that amendments, but we do have two Sen- or even talk about the final settle- pass by. ators who wish to offer relevant ment. It was more or less kept top se- If there is objection, I will, again, ask amendments. cret from the press and media, and no- that the Senator who objects appear on Mr. MCCAIN addressed the Chair. body knew it was going on. the floor to object. We are not talking The PRESIDING OFFICER. The Sen- Of course, NHTSA has been prac- about a policy decision here; we are ator from Arizona. tically dormant. They have not oper- talking about the fact that over 100 Mr. MCCAIN. Mr. President, as I said ated the tire safety requirements since lives have been taken on America’s on Friday, this is not an ordinary piece the year 1973, and this reflects on us in highways over a defect that, in the of legislation. It is a piece of legisla- the committee. They have not had or view of every expert, we are making tion that, in the view of the Secretary ordered a single recall on tires in the significant progress in addressing. of Transportation, has to do with sav- last 5 years. So, Mr. President, I will begin with ing lives and preventing injuries. Over There have been 99 million overall my first unanimous consent request, 100 Americans have died on the high- safety vehicle recalls, but they have all and I will follow it with a second unan- ways of America already. been voluntary on account of the imous consent request if it is objected After the completion of Senator ROB- threats of lawsuits. We know that. It to. ERTS’ remarks, I will insist that the was only because of the word getting Mr. President, I ask unanimous con- two Senators come down and object in out about these lawsuits that we fi- sent that when the Senate receives person. This is too serious a business, I nally have gotten to pay attention to H.R. 5164 from the House, it be held at tell the Senator from Nevada, for them this, bringing out a bill, unanimously the desk. I ask further that it be in to assume a cloak of anonymity. If reported under the leadership of the order for the majority leader, after they want amendments, then I will be distinguished chairman of the Com- consultation with the Democratic lead- more than happy to hear their objec- merce Committee, which is totally bi- er, to proceed to consideration of the tions and see what their amendments partisan. bill, and that only relevant amend- are. But this is not acceptable. It is not I join in the Senator’s request, which ments be in order to the bill, and that acceptable, when lives are at stake, for I am confident he will make, that we the bill then, as amended, if amended, Senators—at least the Senator from be able to bring the Senate bill up, be advanced to third reading and Oklahoma objects and comes down and amend the House bill, work this out in passed. takes the responsibility for the objec- the next few days—it could be worked The PRESIDING OFFICER. Is there tion. It is not acceptable for Members out by tomorrow—and have a good objection? on the other side of the aisle to hide measure that would save lives in Amer- Mr. REID. Reserving the right to ob- behind the Senator from Nevada in ica. ject, I say to my friend from Arizona, I their objections. I yield the floor. Mr. NICKLES. Will the Senator yield Several Senators addressed the do not have a copy of the request, but for a question? Chair. it is my understanding, from hearing The PRESIDING OFFICER. The Sen- what the Senator read, it is a bill to Mr. MCCAIN. I am glad to yield to ator from Arizona. come before the Senate with relevant the Senator from Oklahoma for a ques- Mr. MCCAIN. Mr. President, I thank amendments. tion. the Senator from South Carolina. I un- Mr. MCCAIN. Yes, that is correct. The PRESIDING OFFICER. Is there derstand his concerns. The PRESIDING OFFICER. Is there objection? Let me quote from a letter from the objection? Mr. NICKLES. I am asking the Sen- Secretary of Transportation: Mr. NICKLES. I object. ator from Arizona a question. The early warning section of H.R. 5164, en- The PRESIDING OFFICER. Objec- The unanimous consent request that ables NHTSA to obtain information about tion is heard. you are now making is to take up and potential defects earlier than under current Mr. MCCAIN. Mr. President, I ask pass the bill that passed last night, law. The agency will use the information in unanimous consent that it be in order without objection. It passed by a voice deciding whether to open an investigation for the majority leader, after consulta- vote late last night, unanimously, and will be able to release information in the tion with the Democratic leader, to through the House of Representatives, context of its investigation, as it does today. proceed to consideration of H.R. 5164 and is the bill that the Secretary of Information that is not made a part of an in- and that it be immediately advanced to Transportation, Mr. Slater, urged that vestigation could be released if NHTSA de- termines it would assist in carrying out the third reading and passed, with no inter- the Senate and the Congress pass? agency’s investigative responsibilities. The vening action or debate. Mr. MCCAIN. I might add, it has to bill contains a new section 30170 that aug- The PRESIDING OFFICER. Is there do with saving lives and preventing in- ments the penalties under section 1001 of objection? juries. title 18, United States Code, if a person in- Mr. REID. Reserving the right to ob- Mr. NICKLES. I compliment my tentionally misleads the Secretary con- ject, would the Senator read that unan- friend from Arizona because, one, you cerning a safety defect that results in death imous consent request again, please? are showing flexibility. I compliment or serious injury. A ‘‘Safe Harbor’’ provision Mr. MCCAIN. I ask unanimous con- you because you have stated what your would excuse the person from the augmented sent that it be in order for the major- preference is. You have your preference penalties, but would not excuse the person from other penalties under section 1001. The ity leader, after consultation with the in the bill that passed out of the Com- Department of Justice will communicate Democratic leader, to proceed to con- merce Committee, of which you are the separately its views on the criminal provi- sideration of H.R. 5164 and that it be Chair and Senator HOLLINGS is the sions. immediately advanced to third reading ranking member. But you are also say- I point out again, this is not a perfect and passed, with no intervening action ing, if I cannot get that, realizing that bill. I want exactly what came out of or debate. we are on overtime right now and we the Senate. The House passed, unani- Mr. REID. Reserving the right to ob- are running out of days, you are will- mously, by a voice vote, H.R. 5164. ject, I say to my friend from Arizona, ing to say, let’s take the House-passed The Secretary of Transportation this has been signed off on by the rank- bill. The House-passed bill passed says: ‘‘We strongly support enact- ing member of the committee and unanimously. That does not happen all ment.’’ He finishes up by saying—and I signed off on by the leadership over that often around here for legislation hope my colleagues understand this— here. But we still have two Senators that is this significant. In the final days of the 106th Congress, we who want to offer relevant amend- The Senator from Arizona is saying must not lose the opportunity to save lives ments. We will work on that and see he is willing to take it and pass it. It is and prevent injuries. what we can do. But at this stage, be- the same bill that the administration This is not a perfect piece of legisla- cause of that, I am going to have to ob- says they want. And it will become law tion but an awesome responsibility, at ject unless the agreement allows for if we can get this consent agreed to.

VerDate 11-MAY-2000 04:14 Oct 12, 2000 Jkt 089060 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 E:\CR\FM\G11OC6.151 pfrm01 PsN: S11PT1 S10232 CONGRESSIONAL RECORD — SENATE October 11, 2000 So I compliment my colleague from this bill so dramatically that it will the Y2K bill, the trial lawyers had no Arizona. I hope our colleagues would have no effect, should be the ones who objection whatsoever. possibly even reconsider and let us pass are driving this problem. I have to correct the record because this bill tonight or tomorrow. This legislation is all about saving the chairman said that is the contest Mr. REID. Mr. President, under my lives and preventing injuries. So what that is going on, about the right to sue reservation, I remind the Senator from we are seeing here is that special inter- and everything else. They have the Arizona and the Senator from Okla- ests are winning again. I think it is right. The right is there and neither homa that on Friday of last week we wrong. I don’t know how you go back the Senate bill nor the House bill de- agreed on this side to have the Senate to the American people and say we nies that right. We strengthen it with bill brought before the Senate at that didn’t enact legislation—we could not the reporting and then make the re- time, pursuant to the unanimous con- get together after a unanimous vote in ports public so they can be attained, sent request of the Senator from Ari- the House—to resolve some concerns and they can avoid going to court on zona, to have relevant amendments. We over an issue that ‘‘would save lives cases and avoid trial lawyers. So this have no objection to that coming be- and prevent injuries.’’ particular bill is agreed to by this par- fore the Senate and working on it that Mr. REID. If the Senator will yield, I ticular trial lawyer—either the Senate way. say to my friend, he and I came to or the House version this evening, This matter which has just passed Washington at the same time 18 years right now. I would vote for either one the House, we just got it a matter of ago. I know he has more patience than of them. But I think we can get a much minutes ago—not hours ago; minutes I, but we have to have a little bit of pa- better bill with the Senate bill. I want- ago—and we have two Senators who tience. In this instance, I don’t think it ed to correct the comments made want to look at this legislation. They is going to require a great deal of pa- about the trial lawyers because they have some idea that they want to offer tience. We are going to be in session to- have been there bringing peace and jus- relevant amendments. We know that, morrow, and I think there is a very tice and safety to America’s con- come the light of day, they may not good possibility, as I see it, that the sumers. They got us this far, and I am want to offer those relevant amend- persuasive arguments Senators have proud to commend the trial lawyers for ments, but now they do. made today and last week will prevail doing their work and saving lives. So I say to my friend from Arizona and this legislation will pass. I yield the floor. that he can come back after Senator As things now stand, we have people Mr. McCAIN. Mr. President, I have ROBERTS speaks, but the same objec- who haven’t been able to read the bill. one comment in response to my friend. tion will be there unless we hear in the They may have some problems with it. I knew any comment about trial law- interim that the Senators, for some un- The ranking member, the Senator from yers would not go unnoticed by him. As known reason, withdraw their objec- South Carolina, and some of our people always, I am very appreciative of his tions. over here—and, of course, the Senator comments. On that, I object. from South Carolina works well with I yield the floor. The PRESIDING OFFICER. Objec- the Senator from Arizona, and we will The PRESIDING OFFICER. The Sen- tion is heard. see what we can do to get this wrapped ator from Virginia is recognized. Mr. McCAIN addressed the Chair. up. The PRESIDING OFFICER. The Sen- Mr. McCAIN. Mr. President, in clos- Mr. WARNER. Mr. President, I want ator from Arizona retains the floor. ing, I appreciate the efforts on the part to join the Democratic whip in pro- Mr. McCAIN. Let me just say that I of the Senator from Nevada. As he said, pounding the identical unanimous con- will be here on the floor. If the two he and I came to Congress together sent request with regard to the bring- Senators who object from the other many years ago, and we are good ing up of the DOD conference report as side of the aisle would like to come friends. I want to also, again, pay great stated to the Senate by the distin- guished majority leader just moments down, I would be glad to discuss their praise to Senator HOLLINGS, who has concerns. I would be glad to commit to really had to go a long way in compro- ago. holding hearings, along with Senator mising in order to see that this legisla- Mr. REID. Mr. President, we have no HOLLINGS, next year to try to perfect tion is passed. I will be seeking unani- objection. The staffs of Senator LEVIN this bill. mous consent tomorrow morning. I am and Senator WARNER have worked out I know my friend from South Caro- not exactly sure when, but it will be the problem. lina has serious concerns about the sometime in the morning when it fits Just a minute, Mr. President. safe harbor aspect of this bill. I intend in with the parliamentary procedures. I Reserving the right to object, Mr. to work with him to tighten it up. I hope the unanimous consent request President, we are not going to be able much would have preferred the bill can be agreed to. I thank my friend to do the agreement. There is a proce- pass through the Senate, let me tell from South Carolina and the Senator dural problem with the Agriculture au- you. from Nevada. I know we will be work- thorization, which goes first. We will We inaugurated a little phrase called ing assiduously to try to get these ob- work on that later. ‘‘straight talk’’ back when I was seek- jections solved. Mr. WARNER. Mr. President, I hand- ing another office. I will tell you, in I yield the floor. ed the Senator a colloquy which Sen- straight talk, what this is all about. The PRESIDING OFFICER. The Sen- ator LEVIN signed. The Senator raising This is the trial lawyers against the ator from South Carolina. the objection signed the colloquy. automotive interests. Trial lawyers do Mr. HOLLINGS. Mr. President, I Mr. REID. Why don’t we have the not want it because they do not like don’t want the Senator to take back Senator from Kansas speak, and we the provisions. They want to be able to his praise, but let me clear the record will see if anything can be done. sue anybody for anything under any relative to trial lawyers. Trial lawyers Mr. WARNER. I withdraw the re- circumstances. And the automotive in- got us where we are. If it hadn’t been quest. dustry wants this thing killed, figuring for trial lawyers bringing the cases and that the publicity surrounding these filing some of the reports made on the f accidents and these tragedies that are recoveries thereof, we would not have taking place will die out and they will awakened, literally, and awakened our MORNING BUSINESS be able to kill off this legislation next own Commerce Committee to have the year. hearings to put us on the floor this Mr. ROBERTS. Mr. President, I ask Straight talk, Mr. President, that is evening. unanimous consent that the Senate really what it is all about. It is another I am intimate with the trial lawyer now be in a period for morning business compelling argument for campaign fi- movement in this country. I can tell with Senators permitted to speak nance reform because neither the trial you that they have become a whipping therein for up to 10 minutes each. lawyers who want to make this bill un- boy for Tom Donahue and his blooming The PRESIDING OFFICER (Mr. tenable for the manufacturers, nor the Chamber of Commerce, and any time BURNS). Without objection, it is so or- manufacturers who want to water down you want to pass some measure like dered.

VerDate 11-MAY-2000 04:14 Oct 12, 2000 Jkt 089060 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 E:\CR\FM\G11OC6.154 pfrm01 PsN: S11PT1 October 11, 2000 CONGRESSIONAL RECORD — SENATE S10233 TRIBUTE TO BRUCE VENTO told him he was in my prayers, my voice to the voiceless and to defend Mr. GRAMS. Mr. President, today I wife’s prayers, our family’s prayers. He such interests as environmental pro- come to the floor to offer a tribute to was a good man. tection, human rights, working fami- a humble man. I was sad when I heard him announce lies and community building. Yesterday, while I was in Minnesota, he would not run for reelection because Congressman Vento’s career was a I received word that one of my former of his illness. Of course, we have been truly a remarkable one. He and I colleagues from the House of Rep- notified of his death. shared a profound affection for the resentatives, Congressman Bruce There are Senators and House Mem- Boundary Waters Canoe Area Wilder- Vento, had passed away after a battle bers who come here who, under the old ness, a place special to so many Wis- with cancer. saying, some are show horses and some consinites and Minnesotans. Congress- My tribute cannot adequately com- are workhorses. He was a workhorse. man Vento bravely agreed to chair the municate his successful career, because One of his priorities during his last Ely field hearings on the creation of to Bruce, words always paled in com- year in Congress was the plight of the the Boundary Waters wilderness in parison to acts. Hmong people, many of whom settled 1977, a courageous decision for someone Bruce was a tireless advocate for the in Minnesota. They are people from who was a Freshman member of the residents of St. Paul, first in the State Laos who had fought with the United House at the time, and was a vocal Legislature and, for the past 24 years, States and its allies in the Vietnam champion of that wilderness through- in the U.S. Congress. war and came to the United States out his career. As I work on wilderness He was a man of his word and a man afterwards. They very much wanted to issues, I am often reminded of Con- of principle. become citizens here but had great dif- gressman Vento’s comments on the He was a man committed to doing ficulty learning English because they House floor during consideration of the the right thing for the right reason, no come from a culture that does not have Boundary Waters bill. He said, ‘‘there matter how long it took. a written language. ought to be an opportunity where Take for example his work on behalf Bruce Vento was the primary House someone can go and have some soli- of Hmong veterans—a large number of sponsor of the Hmong Veterans’ Natu- tude, where someone can go and have whom reside in his Congressional dis- ralization Act, a bill that passed the an experience that is different.’’ trict. House and Senate earlier this year and Congressman Vento used his career He worked on it for over a decade: became law. This bill waives the to work to protect that ‘‘different’’ op- educating his colleagues about the English language requirement for natu- portunity for all Americans in the need to help their constituents and of- ralization, and provides special consid- Boundary Waters, the Arctic Refuge, fering the compromises needed to get eration for the civics requirement for Southern Utah and many other special the job done. Hmong veterans and their spouses and wilderness areas. These places and the I was pleased that after his tireless widows. It has been a small concession people who cherish them, myself in- work Congress after Congress, year on our part in return for the great sac- cluded, owe him a great debt. after year, Bruce’s effort paid off. rifices these men made in fighting for I also had the privilege of working Earlier this year, Congress passed the American cause in Southeast Asia. closely with Congressman Vento in and the President signed into law his I am pleased that with the help of Sen- this session of Congress on the Hmong legislation to facilitate citizenship to ators WELLSTONE, FEINGOLD, HAGEL, Veterans’ Naturalization Act which is Hmong veterans who served with us in MCCAIN, and others the bill became law now federal law. Congressman Vento the Vietnam War. before the Congressman’s untimely was actively involved in getting that Bruce was an effective Congressman death earlier this week. legislation through the House. for the St. Paul area. There is another bill that addresses I join with the Senate in letting Con- We worked together on a number of an outstanding issue in the Hmong gressman Vento’s family know how fronts to support Minnesota and the Veterans’ Naturalization Act. H.R. grateful we are for having known him, people of St. Paul such as improving 5234, cosponsored by Congressman and how committed we are to ensuring senior and low-income housing in St. Vento, will extend the benefits of the that the causes to which he gave his Paul, supporting St. Paul’s effort in be- new law to widows of Hmong veterans heart and his career remain protected. coming a Brownfields Showcase Com- who died in Laos, Thailand, or Viet- f munity, and pursuing projects to im- nam. The bill was passed by voice vote prove the St. Paul Community. in the House on September 25. The Sen- SUBMITTING CHANGES TO THE Bruce is best known for his efforts to ate companion bill is strongly bipar- BUDGETARY AGGREGATES AND protect the environment and to im- tisan with seven Democrats and five APPROPRIATIONS COMMITTEE prove our national parks and wilder- Republicans joining Senator ALLOCATION ness areas. WELLSTONE as sponsors. I urge my Mr. DOMENICI. Mr. President, sec- All Minnesotans will benefit from his friends on the other side of the aisle to tion 314 of the Congressional Budget work to ensure the outdoor activities lift the hold they have on this bill and Act, as amended, requires the Chair- we all enjoy will be there for our chil- allow it to pass so we can complete our man of the Senate Budget Committee dren and grandchildren. work on this important issue. We can to adjust the appropriate budgetary ag- That is his legacy, and we are all do this in Bruce Vento’s memory, but gregates and the allocation for the Ap- proud and grateful for his achieve- we can also rectify an injustice that propriations Committee to reflect ments. has been done to the Hmong people amounts provided for emergency re- Minnesotans were represented well who have come to this country. quirements. by Bruce Vento, and he will be missed. Mr. FEINGOLD. Mr. President, it is I hereby submit revisions to the 2001 To his family and friends, I extend with great sadness that I join my col- Senate Appropriations Committee allo- my deepest sympathy. league from Minnesota, Senator cations, pursuant to section 302 of the Mr. LEAHY. Mr. President, we all in WELLSTONE, in paying tribute to the Congressional Budget Act, in the fol- the Senate and the House have been life of our colleague, Congressman lowing amounts: saddened by the death of Bruce Vento. Bruce Vento. I learned of the Congress- [Dollars in millions] Congressman Vento came to the Con- man’s passing upon my return to Wash- gress 2 years after I did. We served to- ington. I send my condolences to his Budget Outlays gether and worked together on many wife Sue and his family, along with all authority issues. He belonged, proudly, to a sort of the people from the great state of Current Allocation: General purpose discretionary ...... $602,307 $593,714 of informal Italian-American caucus. Minnesota who mourn and who thank Highways ...... 26,920 We would talk about from which parts him for his many years of service in Mass transit ...... 4,639 of Italy our families had come, and we the House of Representatives. He is de- Mandatory ...... 327,787 310,215 became close friends. serving of special praise in recognition Total ...... 930,094 935,488 Adjustments: I remember talking with Bruce when of his tremendous efforts to use his sta- General purpose discretionary ...... +4,367 +3,384 he was first diagnosed with cancer. I tus as a federal legislator to bring a Highways ......

VerDate 11-MAY-2000 04:32 Oct 12, 2000 Jkt 089060 PO 00000 Frm 00071 Fmt 4624 Sfmt 0634 E:\CR\FM\A11OC6.073 pfrm01 PsN: S11PT1 S10234 CONGRESSIONAL RECORD — SENATE October 11, 2000 [Dollars in millions] Hispanic population is projected to ac- graduating from high school at rates count for 44 percent of the growth in Budget significantly lower than the general authority Outlays the nation’s population between 1995 population. Thankfully, many of these and 2025. Hispanics are literally chang- Mass transit ...... problems have abated in the last dec- Mandatory ...... ing the face of this nation. ade—unemployment among Hispanics The label ‘‘Hispanic-American’’ en- Total ...... +4,367 +3,384 is at historically low levels, for exam- Revised Allocation: compasses an enormous diversity of in- ple—but there’s still plenty of work to General purpose discretionary ...... 606,674 597,098 dividuals. Hispanics are not a single Highways ...... 26,920 be done. Mass transit ...... 4,639 ethnic group but are comprised of peo- Mandatory ...... 327,787 310,215 ple from Puerto Rico, Cuba, Mexico, That’s why I support the ‘‘2010 Alli- ance’’ crafted by Hispanic-American Total ...... 934,461 938,872 and the countries of Central and South America. This diversity has brought a leaders and key policymakers, and an- I hereby submit revisions to the 2001 tradition of resilience and excellence nounced by President Clinton this budget aggregates, pursuant to section to the United States, a country that June. The Alliance sets educational 311 of the Congressional Budget Act, in derives its strength from the diversity goals for Hispanic-Americans in five the following amounts: of its people. key areas, such as increasing the rate [Dollars in millions] There is an emerging awareness of of high school completion and increas- the contributions and achievements ing English language proficiency for Budget au- thority Outlays Surplus Hispanics have made. Hispanic individ- students. The President’s budget for uals are prominent in every aspect of 2001 contains more than $800 million Current Allocation: Budget Resolution ...... $1,528,412 $1,492,435 $10,765 American life. In the business world, for programs to enhance educational Adjustments: Emergencies ...... +4,367 +3,384 ¥3,384 such names as Adolfo Marzol, executive opportunities for Hispanic-Americans. Revised Allocation: Budget Resolution ...... 1,532,779 1,495,819 7,381 vice-president of Fannie Mae and George Munoz, CEO of the Overseas I am also hoping to see passage this f Private Investment Corporation, are session of the Latino and Immigrant Fairness Act. This important piece of HISPANIC HERITAGE MONTH 2000 being recognized. Oscar Hijuelos, the first American-born Hispanic to win legislation will insure that all immi- Mr. DURBIN. Mr. President, I rise to the Pulitzer Prize for fiction, is known grants from Latin America are treated offer some remarks on a timely and as one of literature’s award-winning equally in the eyes of the law. The cur- important topic—our national celebra- authors. Maria Hinojosa, a CNN cor- rent system that treats immigrants tion of Hispanic Heritage Month. respondent, was named one of the most from one country differently from Hundreds of years after the decline of influential Hispanic Americans by His- those from another country is cum- the Spanish Empire, a new Hispanic panic Business magazine, and has re- bersome, confusing and inherently un- presence is making itself felt on the ceived many awards for her reporting. fair. This Act will also restore some world stage. Democracy is taking deep These are just some of the extraor- important rights that have historically root throughout much of Latin Amer- dinary individuals who contribute to been offered to the immigrant popu- ica. Mexico just celebrated the selec- Hispanic-American culture in our lation, but that are now denied to them tion of a new President in an election country. due to the highly restrictive policies that is widely viewed as the freest and A few of the names of Hispanic-Amer- adopted in the past few years. The fairest election in that country’s his- icans from my home state of Illinois Latino and Immigrant Fairness Act as tory. Central America is largely at will resonate in history, like Luis Al- the support of virtually every Demo- peace. Free trade has spread south of varez, the Nobel Price-winning physi- cratic Senator as well as strong sup- our border, and will continue to spread cist, who studied at the University of further south. port from President Clinton and Vice Chicago before going on to become a President GORE. I am working hard to And Hispanic Americans are taking central figure in the Manhattan project their rightful place in this country as overcome Republican resistance to the during World War II. Others are heroes bill so that it can become law. an important part of our thriving econ- on a quieter scale, like Raymond omy, as a wonderful contributor to the Orozco who, until his retirement a few The Hispanic population has become diversity of American culture, and as a years back, headed the Chicago Fire an integral part of the American mo- powerful political force that deserves Department with distinction, or San- saic. We have become united by the as- attention. dra Cisneros whose beautiful stories of piration to make a better life for our- It is fitting, then—as National His- women’s courage in the midst of pov- selves and our children. We know that panic Heritage Month is upon us—to erty have won her international ac- America and what it stands for—free- recognize the Hispanic-American popu- claim. But most of all we benefit as a dom, prosperity, and hope—should ex- lation for its many important con- state and as a nation from the thou- tend to everyone the opportunity to tributions to the traditions and history sands of ordinary folks whose lives and achieve their dreams. of this nation. Started 32 years ago, dreams and everyday actions make this Through the celebration of Hispanic this festive month acknowledges the a richer, stronger, more interesting great history of the Hispanic people, Heritage Month we can deepen our un- place to live. derstanding and appreciation for a cul- celebrate their past achievements, and The emergence of a sizable Hispanic- ture that has been so influential in cre- recognizes that the Hispanic-American American population has been particu- community is an essential component larly notable in Illinois, to the great ating the America of today and that in the future of the United States. benefit of the state. More than a mil- will help shape the America of tomor- Hispanics have immigrated to the lion Illinoisans are of Hispanic herit- row. United States for many different per- age. They own 20,000 businesses in the sonal reasons. They have taken the state and generate more than $2 billion f journey to America in hope of a better in commerce. More than a quarter of a life for themselves and their families. million Hispanic-Americans are reg- JUDICIAL NOMINATIONS They have persevered throughout their istered to vote here, and the state can struggle to maintain their own iden- boast over 1,000 elected officials—from Mr. HATCH. Mr. President, during tity while learning to assimilate into school board members to members of the last several weeks I have listened American ways. Congress—of Hispanic heritage. as some of my Democratic colleagues Today, the Hispanic population in While celebrating Hispanic Heritage have taken the Senate floor to com- the United States has expanded and be- Month, we shouldn’t blind ourselves to plain about the Senate’s work on judi- come more diverse. It is now our fast- the problems that still beset the His- cial nominations. Some have com- est growing ethnic group, its popu- panic-American community. The pov- plained that there is a vacancy crisis in lation increasing almost four times as erty rate among Hispanics is still unac- the federal courts. Some have com- fast as the rest of the population. The ceptably high, and Hispanic youth are plained that the Republican

VerDate 11-MAY-2000 04:32 Oct 12, 2000 Jkt 089060 PO 00000 Frm 00072 Fmt 4624 Sfmt 0634 E:\CR\FM\A11OC6.074 pfrm01 PsN: S11PT1 October 11, 2000 CONGRESSIONAL RECORD — SENATE S10235 Senate has not confirmed enough of judgeships when President Bush left of- judges fewer than Democrats confirmed President Clinton’s judicial nominees. fice—far more than the current 63 va- in the last year of President Bush’s Some have complained that the con- cancies. presidency—when judicial vacancies firmation record of the Republican Senate Democrats often cite Chief were at an all time high. Senate compares unfavorably to the Justice Rehnquist’s 1997 remarks as Fourth, allegations of race or sex Democrats’ record when they con- evidence of a Republican slowdown. Re- bias in the confirmation process are ab- ferring to the 82 vacancies then exist- trolled this body. Some have accused solutely false and are offensive. Over ing, the Chief Justice said: ‘‘Vacancies the Republican Senate of being biased the last several months, I have listened cannot remain at such high levels in- against female and minority judicial with dismay as some have, with esca- definitely without eroding the quality nominees. These complaints and accu- lating invective, implied that Senate of justice that traditionally has been sations are wholly false and completely Republicans are biased against minor- without merit. associated with the federal Judiciary.’’ First, there is and has been no judi- Senators who cite this statement, how- ity or female judicial nominees. cial vacancy crisis. In 1994, when Sen- ever, do not also cite the Chief Jus- Just this month, President Clinton ate Democrats processed the nomina- tice’s similar statement in 1993, when issued a statement alleging bias by the tions of President Clinton, there were the Democrats controlled both the Senate. He said: ‘‘The quality of justice 63 vacancies and a 7.4 percent vacancy White House and the Senate: ‘‘There is suffers when highly qualified women rate. Today, when Republicans control perhaps no issue more important to the and minority candidates are denied an the Senate and process the nomina- judiciary right now than this serious opportunity to serve in the judiciary.’’ tions of President Clinton, there are 63 judicial vacancy problem.’’ As the head The White House, though, also issued a vacancies and a 7.4 percent vacancy of the Judicial Branch, the Chief Jus- statement boasting of the high number rate—exactly the same as in 1994. Of tice has continued to maintain pres- of women and minorities that Clinton the current vacancies, the President sure on the President and Senate to has appointed to the federal courts: has failed to make a nomination for 25 speedily confirm judges. He has not ‘‘The President’s record of appointing of them—strong evidence that, in fact, singled out the Republican Senate, women and minority judges is un- there is no vacancy crisis. Neverthe- however. matched by any President in history. less, despite the fact that there are the The Chief Justice made additional Almost half of President Clinton’s judi- same number of vacancies and the comments in 1997, which also under- cial appointees have been women or same vacancy rate now as in 1994, mine the claim of a vacancy crisis. minorities.’’ Democrats continue to claim that After calling attention to the existing The Senate, obviously, confirmed there is a vacancy crisis. vacancies, he wrote: ‘‘Fortunately for this record number of women and mi- Second, the Republican Senate has the Judiciary, a dependable corps of norities. That is hardly evidence of sys- been fair with President Clinton in senior judges has contributed signifi- temic bias. Indeed, it cannot credibly confirming his nominees. In fact, the cantly to easing the impact of unfilled be argued that President Clinton has Senate has confirmed President Clin- judgeships.’’ The 63 current vacancies, appointed a diverse federal bench and ton’s nominees at almost an identical in other words, are not truly vacant. that Republicans simultaneously have rate as it confirmed those of Presidents There are 363 senior judges presently prevented him from appointing a di- Reagan and Bush. President Reagan serving in the federal judiciary. Al- verse federal bench. appointed 382 Article III judges. By though judges’ seats are technically comparison, President Clinton has ap- counted as vacant, they continue to Last November, Senator JOSEPH pointed 377 Article III judges—only five hear cases at reduced workload. As- BIDEN, former Chairman of the Judici- fewer than were appointed by President suming that they maintain a 25 percent ary Committee, stated: Reagan. During the Reagan presidency, workload—the minimum required by There has been argumentation occasion- the Senate confirmed an average of 191 law—the true number of vacancies is ally made...that [the Judiciary] judges per term. During the one-term less than zero. Committee...has been reluctant to move Bush presidency, the Senate confirmed Last week, Senator HARKIN said that on certain people based upon gender or eth- 193 judges. During the Clinton presi- this year the Senate has confirmed nicity or race....[T]here is absolutely no distinction made [on these dency, the Senate has confirmed an av- only one circuit court nominee nomi- grounds]...[W]hether or not [a nominee erage of 189 judges per term. nated this year, and Senator LEAHY moves] has not a single thing to do with gen- Third, the confirmation record of the said that this year the Judiciary Com- der or race....I realize I will get political Republican Senate compares favorably mittee has reported only three circuit heat for saying that, but it happens to be to the Democrats’ record when they court nominees nominated this year. true. controlled this body. Comparing like to The fact is, however, the Senate has like, this year should be compared to Why then have Democrats insisted on confirmed eight circuit judges this repeating the insidious mantra that prior election years during times of di- year. By comparison, the Democrat- vided government. In 1988, the Demo- the Republican Senate is discrimi- controlled Senate confirmed seven of nating against women and minorities crat-controlled Senate confirmed 41 President Reagan’s circuit court nomi- Reagan judicial nominees. The Repub- in the confirmation process? Why did nees in 1988 and 11 of President Bush’s John Podesta, the President’s Chief of lican Senate this year has confirmed 39 circuit court nominees in 1992. of President Clinton’s nominees—a It is true that of the eight circuit Staff appear on CNN yesterday to com- nearly identical number. court nominees confirmed this year, plain that ‘‘women and minority can- The 1992 election year requires a bit some were nominated during the first didates for U.S. Court of Appeals are more analysis. The Democrat-con- session and some were nominated dur- sitting, stuck in the Senate Judiciary trolled Senate did confirm 64 Bush ing the second session of this Con- Committee’’? Why did Senator ROBB nominees that year, but this high num- gress—just as the seven Reagan circuit take the Senate floor to accuse Senate ber was due to the fact that Congress court nominees confirmed in 1988 and Republicans, in inflammatory lan- had recently created 85 new judgeships. the 11 Bush circuit court nominees con- guage, of ‘‘standing in the courthouse Examining the percentage of nominees firmed in 1992 were nominated in both door’’ and refusing to ‘‘desegregate the confirmed shows that compared to 1992, the first and second sessions of those Fourth Circuit’’? Why did Senator there is no slowdown this year. In 1992, Congresses. LEAHY take the Senate floor and list the Democrat-controlled Senate con- The fact that the Senate has con- all the female nominees currently firmed 33 of 73 individuals nominated firmed eight circuit court nominees in pending? that year—or 45 percent. This year, the this election year shows that we have Why? Because Democrats have made Senate has confirmed 25 of 46 individ- been at least as fair to President Clin- the crass political decision to attempt uals nominated in 2000—or 54 percent, ton with regard to appeals court nomi- to energize women and minority voters almost 10 percent higher than in 1992. nees, as Democrats were to Presidents by claiming that Senate Republicans Those who cite the 1992 high of 64 con- Reagan and Bush. The Senate has con- are biased against women and minori- firmations as evidence of an election- firmed one more circuit court nominee ties nominated for federal judgeships. year slowdown do not mention these in this last year of President Clinton’s This coordinated overture to female details. Nor do they mention that de- Presidency than Democrats confirmed and minority voters by the White spite those 64 confirmations, the Demo- in the last year of President Reagan’s House, the Gore campaign and Senate crat-controlled Senate left vacant 97 presidency, and only three circuit Democrats is unseemly.

VerDate 11-MAY-2000 04:32 Oct 12, 2000 Jkt 089060 PO 00000 Frm 00073 Fmt 4624 Sfmt 0634 E:\CR\FM\A11OC6.095 pfrm01 PsN: S11PT1 S10236 CONGRESSIONAL RECORD — SENATE October 11, 2000 The President’s determination to and minority nominees—indeed, the and women, such as Lillian BeVier, play politics with judicial nominations Senate has confirmed a record number Frederico Moreno and Judy Hope. appears as if it will only intensify. Just of such nominees for judicial office. I do not have any personal objection last Friday, the President nominated Furthermore, there is no evidence of a to the judicial nominees who my African-American Andre Davis to a confirmation slowdown because, in Democratic colleagues have spoken seat on the U.S. Court of Appeals for fact, the confirmation process has been about over the last few weeks. I am the Fourth Circuit, and it is my under- conducted in the normal fashion and at sure that they are all fine people. Simi- standing that he will nominate a the normal speed. larly, I do not think that my Demo- woman, Elizabeth Gibson, to that In conclusion, it always is the case cratic colleagues had any personal ob- Court today. that some nominations ‘‘die’’ at the jections to the 53 judicial nominees The President has persisted in mak- end of the Congress. In 1992, when whose nominations expired in 1992, at ing these nominations, even though I Democrats controlled the Senate, Con- the end of the Bush presidency. have made clear to him that the Judi- gress adjourned without having acted Many of the Republican nominees ciary Committee will not hold any ad- on 53 Bush nominations. I have a list whose confirmations were blocked by ditional nominations hearing this year. here of the 53 Bush nominees whose the Democrats have gone on to great The President nominated Mr. Davis nominations expired when the Senate careers both in public service and the and Ms. Gibson, knowing full well that adjourned in 1992, at the end of the private sector. Senator JEFF SESSIONS, they have no chance of being con- 102nd Congress. By comparison, there Governor Frank Keating and Wash- firmed. Mr. Davis and Ms. Gibson are are only 40 Clinton nominations that ington attorney John Roberts are just being used for political purposes, so the will expire when this Congress ad- a few examples that come to mind. President and Democrats can argue journs. My Democratic colleagues have I know that it is small comfort to the that Senate Republicans are biased discussed at length some of the current individuals whose nominations are against women and minorities. nominees whose nominations will ex- pending, but the fact of the matter is Senate Republicans, however, are not pire at the adjournment of this Con- that inevitably some nominations will biased against women and minority gress. Madam President, I ask unani- expire when the Congress adjourns. It nominees. Data comparing the median mous consent that this list of 53 Bush happens every two years. I personally time required for Senate action on nominations that Senate Democrats believe that Senate Republicans should male vs. female and minority vs. non- permitted to expire in 1992 be printed get some credit for keeping the number minority nominees shows only minor in the RECORD. of vacancies that will die at the end of differences. During President Bush’s There being no objection, the mate- this Congress relatively low. As things final two years in office, the Democrat- rial was ordered to be printed in the now stand, 13 fewer nominations will controlled Senate took 16 days longer RECORD, as follows: expire at the end of this year than ex- pired at the end of the Bush Presi- to confirm female nominees compared BUSH NOMINATIONS RETURNED BY THE DEMOCRAT-CON- dency. with males. This differential decrease TROLLED SENATE IN 1992 AT THE CLOSE OF THE 102D to only 4 days when Republicans gained CONGRESS f control of the Senate in 1994. During HAWAII’S PREPAREDNESS FOR A the subsequent 105th and 106th Con- Nominee Court WEAPON OF MASS DESTRUCTION gresses, it increased. Sidney A. Fitzwater of Texas ...... Fifth Circuit. TERRORIST INCIDENT The data concerning minority nomi- John G. Roberts, Jr. of Maryland ...... D.C. Circuit. nees likewise shows no clear trend. John A. Smietanka of Michigan ...... Sixth Circuit. Mr. AKAKA. Mr. President, I rise to Frederico A. Moreno of Florida ...... Eleventh Circuit. When Republicans gained control in Justin P. Wilson of Tennessee ...... Sixth Circuit. commend the joint efforts of the fed- 1994, it took 28 days longer to confirm Franklin Van Antwerpen of Penn...... Third Circuit. eral Department of Health and Human Francis A. Keating of Oklahoma ...... Tenth Circuit. minority nominees as compared to Jay C. Waldman of Pennsylvania ...... Third Circuit. Services, HHS, the Honolulu Emer- Terrence W. Boyle of North Carolina Fourth Circuit. gency Services Department, and Ha- non-minority nominees. This difference Lillian R. BeVier of Virginia ...... Fourth Circuit. decreased markedly during the 105th James R. McGregor ...... Western District of Pennsylvania. waii’s Department of Health, and Na- Edmund Arthur Kavanaugh ...... Northern District of New York. tional Guard for establishing one of the Congress so that minorities were con- Thomas E. Sholts ...... Southern District of Florida. firmed 10 days faster than non-minori- Andrew P. O’Rourke ...... Southern District of New York. Nation’s premier weapons of mass de- Tony Michael Graham ...... Northern District of Oklahoma. struction, WMD, containment, mitiga- ties. The present 106th Congress is tak- Carlos Bea ...... Northern District of California. ing only 11 days longer to confirm mi- James B. Franklin ...... Southern District of Georgia. tion and response capabilities. As the David G. Trager ...... Eastern District of New York. ranking member of the Governmental nority nominees than it is to confirm Kenneth R. Carr ...... Western District of Texas. non-minority nominees. James W. Jackson ...... Northern District of Ohio. Affairs Committee, Subcommittee on These minor differences are a matter Terral R. Smith ...... Western District of Texas. International Security, Proliferation, Paul L. Schechtman ...... Southern District of New York. of happenstance. They show no clear Percy Anderson ...... Central District of California. and Federal Services, I follow Federal trend. Senator BIDEN is right when he Lawrence O. Davis ...... Eastern District of Missouri. terrorism defense programs closely, es- Andrew S. Hanen ...... Southern District of Texas. says that ‘‘whether or not [a nominee Russell T. Lloyd ...... Southern District of Texas. pecially those that affect Hawaii. moves] has not a single thing to do John F. Walter ...... Central District of California. Terrorism, particularly the threat of Gene E. Voigts ...... Western District of Missouri. with gender or race.’’ And even if there Manual H. Quintana ...... Southern District of New York. domestic terrorism, remains at the were actual differences, a differential Chales A. Banks ...... Eastern District of Arizona. forefront of concern for all of us. Al- Robert D. Hunter ...... Northern District of Alabama. of a week or two is insignificant com- Maureen E.Mahoney ...... Eastern District of Virginia. though it has been 7 years since the pared to the average time that it takes James S. Mitchell ...... Nebraska. terrorist bombing of the World Trade Ronald B. Leighton ...... Western District of Washington. to select and confirm a nominee. On William D. Quarles ...... Maryland. Center and 5 years since the destruc- average, the Clinton White House James A. McIntyre ...... Southern District of California. tion of the Oklahoma City Federal Leonard E. Davis ...... Eastern District of Texas. spends an average of 315 days to select J. Douglas Drushal ...... Northern District of Ohio. Building, these unspeakable atrocities a nominee while the Senate requires an C. Christopher Hagy ...... Northern District of Georgia. left an indelible mark in the hearts of Louis J. Leonatti ...... Eastern District of Missouri. average of 144 days to confirm. James J. McMonagle ...... Northern District of Ohio. all Americans. In the intervening Under my stewardship, the Judiciary Katharine J. Armentrout ...... Maryland. years, the threat of terrorism has be- Larry R. Hicks ...... Nevada. Committee has considered President Richard Conway Casey ...... Southern District of New York. come more pronounced. The National Clinton’s judicial nominees more care- R. Edgar Campbell ...... Middle District of Georgia. Commission on Terrorism recently Joanna Seybert ...... Eastern District of New York. fully than the Democratic Senate did Robert W. Kostelka ...... Western District of Louisiana. concluded that ‘‘. . . international ter- in 1993 and 1994. Some individuals con- Richard E. Dorr ...... Western District of Missouri. rorism poses an increasingly dangerous James H. Payne ...... Oklahoma. firmed by the Senate then likely would Walter B. Prince ...... Massachusetts. and difficult threat to America—to- not clear the committee today. The George A. O’Toole, Jr...... Massachusetts. day’s terrorists seek to inflict mass William P. Dimitrouleas ...... Southern District of Florida. Senate’s power of advice and consent, Henry W. Saad ...... Eastern District of Michigan. casualties, and they are attempting to after all, is not a rubber stamp. do so both overseas and on American There is no evidence, however, of bias Mr. HATCH. I would note that the soil. This was underscored by the De- or of a confirmation slowdown. There Reagan and Bush nominations that cember 1999 arrests in Jordan and at is no evidence of bias because, in fact, Senate Democrats allowed to expire in- the U.S./Canadian border of foreign na- the Senate is not biased against female cluded the nominations of minorities tionals who were allegedly planning to

VerDate 11-MAY-2000 04:32 Oct 12, 2000 Jkt 089060 PO 00000 Frm 00074 Fmt 4624 Sfmt 0634 E:\CR\FM\A11OC6.097 pfrm01 PsN: S11PT1 October 11, 2000 CONGRESSIONAL RECORD — SENATE S10237 attack crowded millennium celebra- teams consisting of physicians, nurses, venting it from being on its way to the tions.’’ Fortunately, we have made paramedics, emergency medical techni- President at this moment: Partisan signifcant strides in enhancing our de- cians, and law enforcement officers, Politics. fense against and reducing our who provide initial on-site response I can understand the hesitation on vulnerabilities to terrorism. and care, provide for safe patient trans- the part of some to approve a measure The Defense Against Weapons of portation to hospital emergency that doesn’t include every single provi- Mass Destruction Act of 1996, Public rooms, provide definitive medical and sion they envision as necessary to ad- Law 104–201, Nunn-Lugar-Domenici mental health care to victims of var- dress pipeline safety improvements. amendment, authorized a coordinated ious types of attack, and can prepare But the Senate-passed bill is a good Federal response to train, equip, and patients for onward movement to other bill and would go a long way in pro- otherwise enhance the capability of regions, should this be required In Au- moting safety improvements. Senator Federal, State, and local emergency gust 2000, the HHS expanded Hawaii’s MURRAY said it best on the floor of the ‘‘first responders,’’ e.g., primarily po- MMRS program by directing and fund- Senate just two weeks ago: ‘‘Don’t let lice, fire, and emergency medical offi- ing an assessment of the unique needs the perfect be the enemy of the good.’’ cers, for terrorist incidents involving of geographically isolated jurisdictions But instead of heeding that advise, the mass casualties, or nuclear, biological, and an evaluation of long-term House has neither approved its own and chemical weapons. Most of our cur- sustainment of the MMRS. Both stud- version of a pipeline safety bill nor has rent antiterrorism programs are out- ies will serve as national models. This it approved the Senate’s unanimously- growths of this landmark legislation. is a further testament of the quality of passed bill. And now time is simply More than 40 Federal departments, Hawaii’s MMRS program and highly running out. agencies, and bureaus have some role complimentary of the personnel in- I do not relish voicing criticism to- in combating terrorism. The Justice volved in its development. ward the House opponents of S. 2438. Department, through the FBI, is the Fortunately, terrorism involving the But because of their actions, we will lead Federal agency for domestic ter- use of weapons of mass destruction is most likely fail to make any advance- rorism and provides on-site emergency likely to remain rare. Nevertheless, as ment in pipeline safety this year. And law enforcement response to all inci- in the case of other low probability/ if we are ultimately prevented from en- dents. However, State and local gov- high consequence risks, it remains a acting pipeline safety legislation in ernments and emergency responders very serious and highly complex na- these remaining few days of the ses- bear the primary responsibility for re- tional concern. The precautionary safe- sion, these and the other members sponding to terrorist incidents, aug- guards we have taken thus far are es- working with them will be even less mented by Federal resources. There- sential and prudent, but offer no guar- pleased by the criticisms I will be di- fore, Federal, State, and local coordi- antees. We need to remain vigilant and recting their way if even one more life nation and cooperation is critical to ensure that our antiterrorism and is lost because of our inaction. Be as- ensuring that our population centers counter terrorism programs continue sured, I will be back on this floor re- are properly safeguarded. I am particu- to be properly funded, adequately minding everyone of our missed oppor- larly pleased with terrorism prepared- maintained, and adjusted to meet the tunity to address identified pipeline ness efforts in Hawaii, which have been ever evolving threat. The American safety shortcomings due to the actions hailed by HHS as ‘‘exemplary’’ and public demands no less. of these few members. They will be ‘‘national models.’’ f held accountable. Two little known, but essential com- Mr. INSLEE from the State of Wash- ponents of the national antiterrorism PIPELINE SAFETY ington testified before the Senate Com- program and support to local commu- Mr. MCCAIN. Mr. President, I deeply merce Committee in May on the need nities are Civil Support Teams, CSTs, regret that the House of Representa- to pass comprehensive legislation, not- and Metropolitan Medical Response tives failed yesterday to favorably ap- ing that the ‘‘opportunity to pass com- Systems, MMRS. prove S. 2438, the Pipeline Safety Im- prehensive, meaningful legislation may Hawaii’s Civil Support Team is one of provement Act of 2000. That measure not come again until there is another 27 Army and Air National Guard CSTs was taken up under suspension of the tragedy’’. Sadly, since the time Mr. that will be deployed in 26 States by rules in the House, and therefore, need- INSLEE made those comments, two the spring of 2001. Each team consists ed two-thirds of the members present other accidents have occurred—claim- of 22 members who undergo 15 months and voting to support its passage. The ing a total of 13 more lives. How many of specialized training. Each team is final vote was 232 to 158. more lives are going to be lost before equipped with a mobile analytical lab As my colleagues know, the Senate Congress finally passes pipeline safety and a communications facility. Teams has worked long and hard to produce legislation? would be deployed to assist first re- comprehensive pipeline safety legisla- It is my understanding Mr. INSLEE sponders in the event of a WMD inci- tion. As a result of our bipartisan ef- has urged the Administration, mem- dent. The teams, under the command forts, we unanimously approved S. 2438 bers of his House delegation, and lead- of a State’s governor, provide support nearly four weeks ago. That measure ership on the House side, not to sup- to civilian agencies to assess the na- includes the best provisions from four port the Senate bill. It is also my un- ture of an attack, provide medical and separate proposals pending in the Sen- derstanding that he has ignored advice technical advice, and help coordinate ate, including legislation introduced by from his own Senate colleague, Senator subsequent State and Federal re- Senators MURRAY and GORTON, the MURRAY, on this matter. In doing so, sponses. Hawaii’s Weapons of Mass De- measure introduced by Senator HOL- he is dooming the months of effort that struction Civil Support Team, the 93rd LINGS on behalf of the Administration, a member of his own party, a Senator WMD–CST, is a composite Army/Air the bill introduced by Senator BINGA- from his own home state, has put into National Guard Unit, and component of MAN, and the bill I introduced along crafting a bill that will undoubtably the Hawaii Army National Guard, with Senators MURRAY and GORTON. improve pipeline safety. His actions Headquarters, State Area Command. While the final bill may not be the may have killed the only chance that The team is currently undergoing preference of every member, it is a fair pipeline safety legislation will pass training at Fort Leonard Wood, MO, and balanced compromise piece of leg- this year. And in doing so, he is ensur- and is expected to be fully trained and islation and, to quote Secretary Slater, ing that even more lives may be lost— deployed by May 2001. ‘‘is critical to make much-needed im- and that the unacceptable status quo In 1997, Honolulu was selected as one provements to the pipeline safety pro- will remain. of the first 25 cities in the Nation to gram. It provides for stronger enforce- I support passage of the strongest contract with HHS to develop a Metro- ment, mandatory testing of all pipe- safety bill possible, and I know the politan Medical Response System and lines, community right-to-know infor- House members I have mentioned are procure essential prophylactic pharma- mation, and additional resources.’’ fully aware of this fact. The strongest ceuticals and specialized equipment. There is one and only one reason the bill possible at this time is the bill we MMRS are multi-disciplinary medical Senate bill fell 28 votes short, pre- approved in the Senate three weeks

VerDate 11-MAY-2000 04:32 Oct 12, 2000 Jkt 089060 PO 00000 Frm 00075 Fmt 4624 Sfmt 0634 E:\CR\FM\A11OC6.075 pfrm01 PsN: S11PT1 S10238 CONGRESSIONAL RECORD — SENATE October 11, 2000 ago. Mr. INSLEE’s and others’ claims the choices available to them. The NIHAN graciously handed the gavel to that their efforts are driven by a desire West African region, currently engaged me so that I might preside over the for a stronger bill sound well and good. in a struggle between the forces of de- Vermont portion of the hearing. That But the reality is those efforts only mocracy and those of thuggery, cer- marked the first time I ever chaired a preclude any advancement in pipeline tainly does not need another thinly Senate hearing, and was made ever safety from occurring. The actions of disguised dictatorship in its ranks. The more memorable by the fact that DAN- these members not only ignore the sub- only interests served by the junta’s be- IEL PATRICK MOYNIHAN had bestowed stantial steps we’ve made to reach a havior are their own. the honor. fair, balanced pro-safety bill, but also f We had an enjoyable, productive day, could jeopardize the likelihood we’ll during the course of which Chairman TRIBUTE TO SENATOR DANIEL make any progress on pipeline safety MOYNIHAN entertained and enlightened PATRICK MOYNIHAN, CO-CHAIR for many years to come. the participants with his intimate I urge those members obstructing ac- OF THE NORTHEAST-MIDWEST knowledge of the history of Lake tion on pipeline safety legislation to SENATE COALITION Champlain, one our nation’s most his- think carefully about the consequences Mr. JEFFORDS. Mr. President, I rise toric water bodies. Moreover, he dem- of their obstructionist actions. Each today to commend the excellent serv- onstrated a keen knowledge of the day that passes without enactment of ice of Senator DANIEL PATRICK MOY- science, hydrology and ecology of Lake comprehensive pipeline safety legisla- NIHAN as co-chair of the bipartisan Champlain. Senator MOYNIHAN was be- tion places public safety at risk. Northeast-Midwest Senate Coalition. stowed a hero’s welcome by his con- f Senator MOYNIHAN, as we all know and stituents upon disembarking on the regret, will be retiring from the United Adirondack coast of Lake Champlain SITUATION IN THE IVORY COAST States Senate at the end of this year. that day. He earned an everlasting re- Mr. FEINGOLD. Mr. President, I rise Many people have commented on his spect among all who participated in to comment on the alarming situation excellent service to the nation and to the hearing. in the Ivory Coast. New York State. I want to pay tribute We returned to Washington to draft When General Robert Guei seized to his leadership on regional issues. the Lake Champlain Special Designa- power in a coup last December, he indi- Senator MOYNIHAN was elected co- tion Act, in concert with Senators cated that he intended to hand over chair of the Northeast-Midwest Senate LEAHY and D’Amato, and promptly power to a civilian government quick- Coalition in April 1987. A bipartisan moved the bill through the scrutiny of ly. Instead, and despite the urging of group of senators had formed the Coali- the Water Resources Subcommittee, distinguished African heads of state tion in 1978 with the goal of promoting then the full Environment Committee from South Africa, Nigeria, and Sen- regional economic and environmental and on to the Senate floor. Before the year had ended, that bill had become egal, Guei has chosen to run for Presi- interests. Senator MOYNIHAN replaced dent from his position of illegitimate Senator Alan Dixon, and served for sev- law. And it has proven to be a great authority, in which he can manipulate eral years with Senator John Heinz. success for the benefit of Lake Cham- his own chances of electoral success. Upon his election as co-chair, Senator plain, as well as a model for coopera- tion between different states, distinct Last Friday, the Ivory Coast’s Su- MOYNIHAN said, ‘‘States in the frost preme Court issued a ruling barring all belt have of late shared a burden of federal regional jurisdictions and sepa- rate nations. but five of twenty candidates seeking heavy losses in manufacturing jobs, Senator MOYNIHAN, I commend you to run in Presidential elections slated military installations and contracts. for later this month. The ruling dis- for your leadership on this important Environmental concerns, from the ris- law. And I thank you for the latitude qualified popular opposition leaders, ing waters of the Great Lakes to acid you gave me, in my first year in this most notably Former Prime Minister rain, occupy us all.’’ United States Senate, to put my mark Alassane Ouattara, and the former rul- Over the past seven Congresses, Sen- upon this legislation which continues ing party’s candidate, Emile Constant ator MOYNIHAN persistently has ad- to have a profound and positive influ- Bombey. Notably, Guei’s former legal vanced investments in our region’s in- ence on the ecology of Lake Champlain advisor is now serving as the court’s frastructure, job-training and edu- and the quality of life for the hundreds chief. The upcoming elections are look- cation programs, and basic industries. of thousands of people who live, work ing more and more like political farce, A stickler for accurate and timely data and recreate. and General Guei’s credibility is in tat- in order to judge our challenges and Aside from this example, there are ters. progress, he has documented the flow many others. Senator MOYNIHAN took Leading up to the Court’s ruling, the of federal funds from the Northeast and his assignment as co-chair of the General Guei’s government took ac- Midwest. Working with both Repub- Northeast-Midwest Senate Coalition tions clearly intended to intimidate licans and Democrats, he also has been during a time when our region was the opposition, instituting a state of a champion of the Great Lakes and the being less than affectionately referred emergency, banning opposition politi- region’s other great environmental as- to as the ‘‘rust belt.’’ Manufacturing cians from international travel, and sets. plants were closing, unemployment executing sweeps to round up immi- Now, Lake Champlain may not be a was high, and many workers needed to grants who have consistently sup- great Lake to the rest of you, but in be retrained for new challenges. Sen- ported elements of the opposition. The our part of the world, it is revered in ator MOYNIHAN led the Coalition in try- junta that claimed it stepped into the same way. And it is the reason be- ing to identify and promote public poli- power to save the country now appears hind my earliest work with Senator cies that would take advantage of the committed to a course of destruction. MOYNIHAN. region’s common assets—its plentiful One of Africa’s most stable and impor- In the summer of 1989, when I was a natural resources, distinguished uni- tant economies is threatened by the in- freshman Member of the minority versity and research centers, signifi- stability exacerbated by the junta’s po- party and Senator MOYNIHAN was Chair cant financial centers, and a history of litical machinations, and General of the Environment Subcommittee on entrepreneurship. Guei’s attempts to rally popular sup- Water Resources, he scheduled a field Although he would be the first to port have been characterized by mis- hearing to gather information on the admit that challenges remain, this re- guided, xenophobic rhetoric aimed at water quality status of Lake Cham- gion’s progress over the past decade threatening foreigners in a country plain. The hearing was split into two and a half results, in part, from Sen- that depends upon an immigrant work- sessions, one on each side of the lake. ator MOYNIHAN’s consistent leadership. force. We heard from Vermonters in Bur- With Senator MOYNIHAN’s leadership, The people of the Ivory Coast deserve lington, then enjoyed a boat ride across the Coalition has advanced numerous far better than this. At its core, demo- the lake to hear from upstate New policy initiatives. It authored the na- cratic government is about trusting Yorkers in Plattsburgh. tion’s first pollution prevention law citizens to choose their own destiny, As his first act after commencing the and promoted the National Invasive not about manipulating and restricting hearing in Burlington, Chairman MOY- Species Act to block the proliferation

VerDate 11-MAY-2000 05:38 Oct 12, 2000 Jkt 089060 PO 00000 Frm 00076 Fmt 4624 Sfmt 0634 E:\CR\FM\G11OC6.080 pfrm01 PsN: S11PT1 October 11, 2000 CONGRESSIONAL RECORD — SENATE S10239 of biological pollution. The Coalition and jobs with the promise of cheap I agree with the Department of the has protected the Low Income Home electricity. Interior’s interpretation that the key Energy Assistance Program, and Senator MOYNIHAN has paid par- phrase ‘‘not inconsistent with’’ means achieved increased appropriations for ticular attention to the flow of federal that so long as the final mining rule several energy efficiency programs. It funds to the states, tracking both fed- does not contradict the recommenda- held the first hearings and developed eral expenditures as well as taxes paid tions of the NRC report, the rule can legislation on brownfield redevelop- to Washington. In his own annual re- address whatever subject areas the ments, as well as on leaking gasoline ports and those by the Coalition, he BLM finds necessary to improve envi- storage tanks. The Coalition advanced documented the long-standing federal ronmental oversight of the hardrock increased trade with Canada, our na- disinvestment in New York State and mining industry. tion’s largest trading partner, and it throughout the Northeast and Midwest. For example, one of the recommenda- spearheaded a range of initiatives to The Northeast-Midwest groups, for in- tions made in the NRC report would enhance the region’s and the nation’s stance, found that our region’s tax- clarify the BLM’s authority to protect economic competitiveness. payers received only 88 cents in federal valuable natural resources not pro- Mr. President, allow me to highlight spending for every dollar in taxes that tected by other laws. Given that rec- a few other of Senator MOYNIHAN’s spe- they sent to the federal Treasury. In ommendation, it would be ‘‘not incon- cific efforts to advance economic vital- comparison, states of the South re- sistent with’’ the report to issue a rule ity and environmental quality in the ceived a $1.17 rate of return, while that would allow the disapproval of a Northeast-Midwest region. In recent western states obtained a $1.02 return. mine proposal if it would cause undue days, for instance, Senator MOYNIHAN In fiscal 1998, the Northeast-Midwest degradation of public lands, even if the has helped lead the Coalition’s efforts region’s subsidy to the rest of the na- proposal complied with all other stat- to prepare for this winter’s pending tion totaled some $76 billion. Senator utes and regulations. The final mining fuel crisis. Noting the rise in prices for MOYNIHAN has led the effort to reverse provision included in the report would heating oil and natural gas, he argued this trend. permit such a rule. effectively for an emergency allocation It has been a pleasure to work in a However, during earlier negotiations of Low Income Home Energy Assist- bipartisan coalition with Senator DAN- of the hardrock mining provision, min- ance Program funding. And he has been IEL PATRICK MOYNIHAN. He has dem- ing proponents attempted to include a consistent champion of Weatheriza- onstrated that good public policy re- language that would have effectively tion and energy conservation programs sults from cooperation among Demo- undermined the ability of the BLM to that help our region and nation to use crats and Republicans. His intellectual strengthen the 3809 regulations. This energy more efficiently. rigor and his demand for quality data original language would have bound In order to block the introduction of have elevated policy discussions within any final rule published by the BLM to invasive species in ballast water, Sen- both the Northeast-Midwest Coalition the recommendations of the NRC re- ator MOYNIHAN helped lead the charge and throughout the entire United port. This means that a final rule could for the National Invasive Species Act. States Senate. only address those recommendations He continues to work to expand that My colleagues from northeastern and made by the report and nothing else, legislation beyond aquatic nuisance midwestern states join me in thanking regardless of what actions the BLM species to address the array of foreign Senator MOYNIHAN for his consistent identified as necessary. The original plants and animals that cause biologi- leadership and effective advocacy. language is as follows: cal pollution and economic loss f BILL TEXT throughout this country. None of the funds in this Act or any other Senator MOYNIHAN and the North- TIME TO STRENGTHEN HARDROCK Act shall be used by the Secretary of the In- east-Midwest groups have highlighted MINING REGULATIONS terior to promulgate final rules to revise 43 the economic and environmental bene- Mr. DURBIN. Mr. President, I have CFR subpart 3809, except that the Secretary, fits of cleaning and redeveloping the strongly advocated strengthening so- following the public comment period re- contaminated industrial sites that called 3809 regulations, which governs quired by section 3002 of Public Law 106–31, may issue final rules to amend 43 CFR Sub- plague our communities. He has spon- hardrock mining on public lands. How- part 3809 which are not inconsistent with the sored Capitol Hill conferences on ever, attempts to update these regula- recommendations contained in the National brownfield reuse, and distributed tions have been subject to much de- Research Council report entitled ‘‘Hardrock scores of Northeast-Midwest publica- bate. Mining on Federal Lands’’ so long as these tions, including case studies of success- I am pleased to see that the Interior regulations are also not inconsistent with ful redevelopment projects. Senator conference report included a com- existing statutory authorities. Nothing in MOYNIHAN also has helped push several promise provision related to the regu- this section shall be construed to expand the bills that would provide financial, reg- lations, which should allow the BLM to existing statutory authority of the Sec- retary. ulatory, and technical assistance for move forward with their efforts to bet- REPORT LANGUAGE brownfield reuse. ter protect taxpayers and the environ- To help provide financing and tech- ment from the impacts of the hardrock Section xxx allows the Bureau of Land Management to promulgate new hardrock nical assistance to manufacturers, mining industry. mining regulations that are not inconsistent which remain critical to our region’s However, I am concerned about re- with the National Research Council Report economy, Senator MOYNIHAN and the cent statements made by my col- entitled ‘‘Hardrock Mining on Federal Northeast-Midwest Coalitions have ad- leagues, Senators REID and GORTON, Lands.’’ This provision reinstates a require- vanced the Manufacturing Extension which I feel distort the intent of the ment that was included in Public Law 106– Partnership, trade adjustment assist- provision and would weaken the 3809 113. In that Act, Congress authorized changes ance, and industrial technology pro- regulations. I would like to take this to the hardrock mining regulations that are grams. He has sponsored an array of opportunity to clarify my under- ‘‘not inconsistent with’’ the Report. The statutory requirement was based on a con- Capitol Hill briefings on robotics, standing of the meaning of this provi- sensus reached among Committee Members optoelectronics, machine tools, elec- sion. and the Administration. On December 8, 1999, tronics, and other industrial sectors. To paraphrase the language of the the Interior Solicitor wrote an opinion con- In an effort to protect the Northeast bill text included in the conference re- cluding that this requirement applies only to and Midwest, Senator MOYNIHAN has port, the mining provision permits the a few lines of the Report, and that it imposes been willing to face the criticism that BLM to prevent undue degradation of no significant restrictions on the Bureau’s comes from highlighting egregious sub- public lands with a new and stronger final rulemaking authority. This opinion is sidies going to other regions. He has rule governing hardrock mining on contrary to the intentions of the Committee noted, for instance, that taxpayers in public lands. The only requirement is and to the understanding reached among the parties in FY2000. The Committee clearly in- the Northeast and Midwest subsidize that the rule be ‘‘not inconsistent tended Interior to be guided and bound by the electricity bills of consumers in with’’ the recommendations contained the findings and recommendations of the Re- other regions, only to have those re- in a study completed by the National port. Accordingly, the statutory language is gions try to lure away our businesses Research Council, or NRC. included again in this Report and this action

VerDate 11-MAY-2000 05:38 Oct 12, 2000 Jkt 089060 PO 00000 Frm 00077 Fmt 4624 Sfmt 0634 E:\CR\FM\G11OC6.078 pfrm01 PsN: S11PT1 S10240 CONGRESSIONAL RECORD — SENATE October 11, 2000 should not be interpreted as a ratification of Michigan: Detroit, McNamara Federal Government Appropriations Act for fis- the Solicitor’s opinion. The Committee em- Building, $26,999,000; cal year 1999, made the assets of for- phasizes that it intends for the Bureau to Missouri: Kansas City, Richard Bolling eign terrorist states blocked by the adopt changes to its rules at 43 CFR part 3809 Federal Building, $25,882,000; Treasury Department under our sanc- Kansas City, Federal Building, 8930 Ward only if those changes are called for in the tions laws explicitly available for at- NRC report. Parkway, $8,964,000; Nebraska: Omaha, Zorinsky Federal Build- tachment by U.S. courts for the very Fortunately, this original language limited purpose of satisfying Anti-Ter- did not stand because it was so lim- ing, $45,960,000; New York: New York City, 40 Foley rorism Act judgments. iting. In fact, President Clinton threat- Square, $5,037,000; Unfortunately, when that provision ened to veto the entire Interior Appro- Ohio: Cincinnati, Potter Stewart U.S. came before the House-Senate Con- priations bill if the mining provision Courthouse, $18,434,000; ference Committee, I understand the unduly restricted the ability of the Pennsylvania: Pittsburgh, U.S. Post Office- administration insisted upon adding a BLM to update the regulations. The Courthouse, $54,144,000; national security interest waiver. The improved, final language indicates that Utah: Salt Lake City, Bennett Federal waiver, however, was unclear and con- the intent is not to limit the BLM’s au- Building, $21,199,000; Virginia: Reston, J.W. Powell Federal fusing. The President exercised that thority to strengthen the hardrock Building (Phase 2), $22,993,000. waiver within minutes of signing the mining regulations. Nationwide: bill into law. The Interior Department has been Design Program, $21,915,000; The scope of that waiver authority working for years to update the 3809 Energy Program, $5,000,000; added in the Appropriations Conference regulations after numerous review and Glass Fragment Retention Program, Committee in 1998 remains in dispute. comments from BLM task forces, con- $5,000,000. Presidential Determination 99–1 as- gressional committee hearings, public $276,400,000 for the following construction serted broad authority to waive the en- meetings, consultation with the states projects: tirety of the provision. But the District and interest groups, and public review District of Columbia, U.S. Courthouse Court of the Southern District of Flor- Annex; ida rejected the administration’s view of drafts of the proposed regulations. Florida, Miami, U.S. Courthouse; There is no longer any reason to delay Massachusetts, Springfield, U.S. Court- and held, instead, that the President’s improving these regulations. house; authority applied only to section 117’s f New York, Buffalo, U.S. Courthouse. requirement that the Secretaries of Mr. President, the criteria I use when State and Treasury assist a judgment JUSTICE FOR VICTIMS OF creditor in identifying, locating, and TERRORISM ACT reviewing our annual appropriations bills are not intended to reflect a judg- executing against non-blocked prop- Mr. MACK. Mr. President, as an ment on the merits of an item. They erty of a foreign terrorist state. The bill now before us, in its amend- original sponsor of the Justice for Vic- are designed to identify projects that ed form, would replace the disputed tims of Terrorism Act, I wish to make have not been properly reviewed. Un- waiver in section 117 of the fiscal year clear that the reference to June 7, 1999 fortunately, on occasion, items are in- 1999 Treasury Appropriations Act with in the anti-terrorism section of H.R. advertently included that should not a clearer but narrower waiver of 28 3244 is intended to refer to the case of be. Thomas M. Sutherland. U.S.C. section 1610(f)(1). In replacing f f the waiver, we are accepting that the JUSTICE FOR VICTIMS OF President should have the authority to LEGISLATIVE BRANCH APPRO- TERRORISM waive the court’s authority to attach PRIATIONS CONFERENCE RE- blocked assets. But to understand how Mr. LAUTENBERG. Mr. President, as PORT we intend this waiver to be used, it we adopt this valuable legislation, I must be read within the context of Mr. MCCAIN. Mr. President, on Sep- consider it important to clarify the other provisions of the legislation. tember 19, I submitted for the RECORD, history and intent of subsection 1(f) of a list of objectionable provisions in the A waiver of the attachment provision this bill, as amended, in the context of would seem appropriate for final and FY 2001 Legislative Branch Appropria- the bill as a whole. tions bill. Mr. President, these line pending Anti-Terrorism Act cases iden- This is a key issue for American vic- tified in subsection (a)(2) of this bill. In items do not violate any of the five ob- tims of state-sponsored terrorism who jective criteria I use for identifying these cases, judicial attachment is not have sued or who will in the future sue necessary because the executive branch spending that was not reviewed in the the responsible terrorism-list state, as appropriate merit-based prioritization will appropriately pay compensatory they are entitled to do under the Anti- damages to the victims from blocked process, and I regret they were in- Terrorism Act of 1996. Victims who al- cluded on my list. They are as follows: assets or use blocked assets to collect ready hold U.S. court judgments, and a the funds from terrorist states. $472,176,000 for construction projects at the few whose related cases will soon be de- following locations: This legislation also reaffirms the California, Los Angeles, U.S. Courthouse; cided, will receive their compensatory President’s statutory authority to vest District of Columbia, Bureau of Alcohol, damages as a direct result of this legis- foreign assets located in the United Tobacco and Firearms Headquarters; lation. It is my hope and objective that States for the purposes of assisting and Florida, Saint Petersburg, Combined Law this legislation will similarly help making payments to victims of ter- Enforcement Facility; other pending and future Anti-Ter- rorism. This provision restates the Maryland, Montgomery County, Food and rorism Act plaintiffs when U.S. courts Drug; President’s authority to assist victims Administration Consolidation; issue judgments against the foreign with pending and future cases. Our in- Michigan, Sault St. Marie, Border Station; state sponsors of specific terrorist acts. tent is that the President will review Mississippi, Biloxi-Gulfport, U.S. Court- I am particularly determined that the each case when the court issues a final house; families of the victims of Pan Am judgment to determine whether to use Montana, Eureka/Roosville, Border Sta- flight 103 should be able to collect dam- the national security waiver, whether tion; ages promptly if they can demonstrate to help the plaintiffs collect from a for- Virginia, Richmond, U.S. Courthouse; to the satisfaction of a U.S. court that Washington, Seattle, U.S. Courthouse. eign state’s non-blocked assets in the Repairs and alterations: Libya is indeed responsible for that U.S., whether to allow the courts to at- Arizona: Phoenix, Federal Building Court- heinous bombing. tach and execute against blocked as- house, $26,962,000; More than 2 years ago, I joined with sets, or whether to use existing au- California: Santa Ana, Federal Building, Senator CONNIE MACK to amend the fis- thorities to vest and pay those assets $27,864,000; cal year 1999 Treasury-Postal Appro- as damages to the victims of terrorism. District of Columbia: Internal Revenue priations bill to help victims of ter- Let me say that again: It is our in- Service Headquarters; (Phase 1), $31,780,000, Main State Building rorism who successfully sued foreign tention that the President will con- (Phase 3), $28,775,000; states under the Anti-Terrorism Act. sider each case on its own merits; this Maryland: Woodlawn, SSA National Com- That amendment, which became sec- waiver should not be applied in a rou- puter Center, $4,285,000; tion 117 of the Treasury and General tine or blanket manner.

VerDate 11-MAY-2000 05:38 Oct 12, 2000 Jkt 089060 PO 00000 Frm 00078 Fmt 4624 Sfmt 0634 E:\CR\FM\G11OC6.079 pfrm01 PsN: S11PT1 October 11, 2000 CONGRESSIONAL RECORD — SENATE S10241 I hope future Presidents will use the tion to this point. The national secu- Historically, the Florida Everglades waiver provision only as President rity interest waiver should be used system consisted of a natural flow of Clinton will use other provisions of the only when there is a specific national 1.7 billion gallons of fresh water drain- current bill: to aid victims of terrorism security interest greater than the in- ing into the Gulf of Mexico and the At- and make its state sponsors pay for terest in taking effective action to lantic Ocean on a daily basis. Begin- their crimes. combat terrorism against American ning in 1948, the system has been ad- Mr. MACK. I thank Senator LAUTEN- citizens; and it should be exercised on a versely impacted by a series of Federal BERG for making a point with which I case-by-case basis. The judiciary Com- flood control projects authorized by strongly agree: the waiver authority in mittee never intended to divide vic- Congress to redirect water flows this legislation is intended to be used tims, helping some and not others. We throughout the Everglades. Over a on each case or for each asset, but not must ensure that all American victims half-century of Army Corps of Engi- to be used as a de-facto veto. of terrorism able to successfully hold neers’ water infrastructure projects, In drafting this language and negoti- foreign states responsible to the satis- consisting of a series of levees and ca- ating with the administration over the faction of U.S. courts are treated fairly nals, have severely damaged the Ever- past several months, we believe firmly and aided by this and future adminis- glades system. This substantial diver- that using blocked assets of terrorist trations to collect their damages. sion of water resulting from the infra- states to satisfy judgments is com- Mr. HELMS. I congratulate Senators structure construction, coupled with pletely consistent with the intent of MACK, KYL, LAUTENBERG, and FEIN- increased development in the area, the Anti-Terrorism Act of 1996, and STEIN, for their fine work on getting threaten the overall environmental more significantly, is consistent with this anti-terrorism legislation through health and sustainability of the Ever- our national security interest. Simply the Congress and passed. I would like glades National Park. In 1992 and 1996, stated, making the terrorists who to point out the conferees agree with Congress directed the Army Corps of harm or kill Americans in acts of the comments mentioned by my col- Engineers to conduct a ‘‘Restudy’’ of international terrorism pay for their leagues and this has been so stated in the existing system and recommend acts makes for good policy. It should the conference report to accompany changes to improve the current state of deter future acts of terrorism, as well this bill. the Everglades. The results of the re- as provide some small measure of jus- f study and recommendations for restor- tice to current victims. ing the system are incorporated into Mr. KYL. I thank Senators MACK and VICTIMS OF GUN VIOLENCE the ‘‘Comprehensive Everglades Res- LAUTENBERG for their leadership on Mr. DURBIN. Mr. President, it has toration Plan’’. this issue. I would like to add that been more than a year since the Col- S. 2797 implements the Everglades from the beginning of my involvement umbine tragedy, but still this Repub- Restoration Plan. The bill was ap- on this issue in 1998, I have sought to lican Congress refuses to act on sen- proved by a bi-partisan majority of help Senator MACK provide a mecha- sible gun legislation. members of the Senate Committee on nism which would not only help cur- Since Columbine, thousands of Amer- Environment and Public Works and is rent victims, but also set in place a icans have been killed by gunfire. Until strongly supported by the Administra- procedure to ensure future victims will we act, Democrats in the Senate will tion and the State of Florida. Restor- be able to attain justice, provided read the names of some of those who ing the Everglades, an American Leg- blocked assets are held in the U.S. I have lost their lives to gun violence in acy Act is a $7.8 billion dollar package would therefore first like to associate the past year, and we will continue to that includes a broad framework for re- myself with the interpretation of the do so every day that the Senate is in pairing the system’s fragile ecosystem. waiver as expressed by Senators LAU- session. Additionally, the bill creates a new and TENBERG and MACK. I do not appreciate In the name of those who died, we significant partnership between the seeing laws in effect vetoed through a will continue this fight. Following are Federal Government and the State of waiver authority interpreted overly the names of some of the people who Florida. S. 2797 includes cost share pro- broadly. Indeed, the waiver used in this were killed by gunfire one year ago visions establishing a 50:50 Federal to language should be exercised on a case- today. non-Federal cost share requirement by-case basis only. October 11, 1999: and providing that operation and main- Second, I would also like to point out Clifton Aaron, 21, Kansas City, MO; tenance costs will also be split in half the precedent being set and the reaffir- Daniel Bennett, 23, Washington, DC; between the Federal and non-Federal mation of authority. The administra- Larry Clark, 51, Atlanta, GA; Mico sponsors. Most importantly, the bill tion assures us via a private letter that Curtis, 28, Atlanta, GA; Thomas balances the benefits to the natural the judgment creditors already holding Spivey, 22, Nashville, TN; Arthur system, while providing for water sup- final judgment will be paid their com- Strickland, 28, Gary, IN; Kristian Sul- ply and flood protection needs. pensatory awards within 60 days of the livan, 25, Detroit, MI; Lloyd Whitfield, I thank the Committee for moving enactment of this act. The administra- 28, Detroit, MI; and Arshon Young, 19, forward with this important legisla- tion will do so using executive author- Miami-Dade County, FL. tion. I would particularly like to thank ity to vest and pay from blocked as- We cannot sit back and allow such Chairman BOB SMITH for his leadership sets. In addition, the Congress statu- senseless gun violence to continue. The on restoring the Everglades and for torily reaffirms the President’s author- deaths of these people are a reminder crafting legislation that will ensure ity to vest and pay from blocked assets to all of us that we need to enact sen- the future preservation of this national in the future to help future victims of sible gun legislation now. treasure. terrorism. Let me state very clearly f f that there is no way, based upon the procedure now in place, that future vic- RESTORING THE EVERGLADES, AN COUNTY PAYMENTS BILL, H.R. 2389 tims will be forced to suffer the pro- AMERICAN LEGACY ACT Mrs. BOXER. Mr. President, on Fri- longed battle with their government Mr. L. CHAFEE. Mr. President, when day the Senate passed H.R. 2389, the that these first victims were forced to the Senate passed the Water Resources ‘‘Secure Rural Schools and Community bear. I am pleased with the justice Development Act of 2000 (WRDA) on Self-Determination Act of 1999.’’ I have being delivered today; but I am espe- September 25th, a landmark piece of paid close attention to the bill because cially pleased by the process in place to legislation was attached to the bill. it has significant implications for the help any future victims. Hopefully, This legislation—S. 2797, Restoring the State of California. H.R. 2389 is impor- with this process, the deterrent capa- Everglades, an American Legacy Act— tant to my State because it provides bility of this law will become more was introduced by Senators SMITH, substantial and desperately-needed powerful. BAUCUS, VOINOVICH, GRAHAM and MACK revenue to rural counties to be used for Mrs. FEINSTEIN. I am pleased have earlier this summer to restore the nat- schools, roads, and other beneficial worked with Senators LAUTENBERG, ural ecosystem of the Florida Ever- purposes. The bill also, however, cre- MACK, and KYL in getting this legisla- glades. ates unprecedented opportunities for

VerDate 11-MAY-2000 04:32 Oct 12, 2000 Jkt 089060 PO 00000 Frm 00079 Fmt 4624 Sfmt 0634 E:\CR\FM\A11OC6.072 pfrm01 PsN: S11PT1 S10242 CONGRESSIONAL RECORD — SENATE October 11, 2000 local stakeholders to play a role in de- RURAL TELECOMMUNICATIONS implementation. Far too often, the cision-making on Federal lands. It is POLICY Commission’s rules have gone beyond this latter feature of the bill that has Mr. GRAMS. Mr. President, I rise Congressional intent. In particular, I the potential to have a negative impact today to express my views toward Fed- am disappointed by the Commission’s on the health of our forests. eral implementation of the 1996 Tele- implementation of sections of the Act I am deeply disappointed at the communications Act and my support which are intended to preserve uni- version of the bill that was just passed. for a strong national rural tele- versal service assistance and the de- For months I worked closely with my communications policy. ployment of advanced telecommuni- Senate colleagues to negotiate a com- One of the most important respon- cations services. I am sure that my col- promise proposal that included safe- sibilities of a United States Senator is leagues would agree that universal guards to help ensure that the bill to exercise appropriate oversight of service assistance is the cornerstone of would not lead to increased exploi- Federal regulatory agencies to ensure an effective rural telecommunications tation of our federal timber resources. sound policy and the wisest use of tax- policy. This earlier version of the bill (S. 1608), payers dollars. Toward this end, I have In implementing the 1996 Act, the which passed the Senate by unanimous carefully monitored the Federal Com- Commission has thus far failed to ad- consent, benefitted greatly from munications Commission’s implemen- here to the important universal service changes that clarified the appropriate tation of the 1996 Telecommunications principles established by Congress role of local communities in Federal Act in an attempt to ensure that this under this law. The Act specifically re- land management decisions and di- agency follows the intent of Congress quired the joint board on universal rected local projects funded under this in developing a strong national rural service and the FCC to base their uni- bill towards environmentally beneficial telecommunications policy. versal service policies upon the fol- activities rather than commodity pro- I am proud to have supported the his- lowing principles: the ability of quality duction. Unfortunately, many improve- toric 1996 Telecommunications Act services to be provided at just, reason- ments that I fought for in the Senate- which deregulated the telecommuni- able and affordable rates; that all re- passed bill have either been discarded cations industry for the first time in 62 gions of the country should have access or weakened in H.R. 2389. years. I believe this Act has begun to to advanced telecommunications serv- reach its promise of a competitive mar- ices; that telecommunications services I pledge to monitor closely imple- ketplace, lower prices, and greater con- should be comparable to services in mentation of this Act to see if it re- sumer choice in services for every urban areas; and that universal service sults in local projects that involve American. Since its passage, the tele- should be supported by specific and unsustainable logging, salvage, and communications industry has grown predictable funding mechanisms. Con- other types of environmentally dam- dramatically, creating 230,000 more gress should clearly do more to hold aging activities. I hope this does not jobs nationwide, generating an addi- the Commission’s feet to the fire to en- materialize, but if it does, I will seek tional $57 billion in revenues, and fos- sure that there is proper implementa- to make improvements to the Act. tering an environment in which bil- tion of universal service support. lions of dollars has been invested in I have worked hard in Congress to en- f telecommunications infrastructure. sure that the decades-long policy of Despite this promising news, I am very universal service is preserved and ad- DEATH OF E.S. JOHNNY WALKER concerned that the FCC’s implementa- vanced and that there are adequate revenues to maintain rural networks. Mr. BINGAMAN. Mr. President, I rise tion of the Act has stifled the expan- Earlier this Congress, I wrote to FCC to advise Members of the Senate that sion of some of these benefits into Chairman Kennard to express my oppo- New Mexico lost a very distinguished rural parts of Minnesota. As a former small businessman, I sition to any proposal which would citizen and a good friend with the often hear about the regulatory bur- transfer authority over the Universal death of E.S. Johnny Walker on Sun- dens experienced by my state’s entre- Service Fund to the Department of day at the age of 89. His life of public preneurs and businesses. As someone Treasury. I believe that such an ap- service began with 4 years in the Army who spent 23 years in the broadcasting proach would undermine universal in World War II. Subsequently, it in- industry, I also understand their frus- service policy and could have an ad- cluded two terms in our State legisla- tration with the far-reaching regu- verse impact upon small telephone car- ture in the House of Representatives in latory authority of the Federal Com- riers and the communities they serve. Santa Fe, followed by service as com- munications Commission. It has be- More importantly, this plan would missioner of our public lands in New come very clear to me that the admin- place the Universal Service Fund at Mexico and commissioner of the bu- istrative and regulatory burdens im- great risk of manipulation by the fed- reau of revenue. He was elected to the posed upon small telecommunications eral government and the excessive U.S. House of Representatives in 1964 providers reflect the Commission’s ne- spending habits of Members of Con- and served two terms here in Wash- glect for the unique needs of rural tele- gress. I am pleased that the Adminis- ington representing New Mexico in the communications companies and their tration has finally agreed that is not House of Representatives. need for fairer regulatory treatment. ‘‘public money’’ and has withdrawn Johnny is survived by his wife Polly, The concerns of rural telecommuni- this ill-advised plan. to whom he was married for 63 years; cations companies are underscored in a I also believe that the Rural Utilities also by their two children, Mike Walk- letter sent to me by Farmers Mutual Service telephone loan program is vital er and Janet Walker Steele; also by Telephone Company General Manager to the development of a strong rural grandchildren and great-grandchildren, Robert Hoffman, who wrote, ‘‘My con- telecommunications infrastructure, colleagues, and, of course, many cern with the FCC is all the additional and an essential component of our na- friends. I am proud to say that his filings and requirements they are plac- tional commitment to universal serv- friends included my family and, of ing on small telephone companies. A ice. I have repeatedly written the Sen- course, me. We have known the Walk- couple of years ago we didn’t have any ate Appropriations Committee to urge ers for decades. filings with the FCC. Now we have funding for the Rural Utilities Service I fondly recall his friendship with my about ten annual filings which are con- telephone loan program. I firmly be- parents and with my uncle, John fusing and labor intensive, and thus ex- lieve that RUS telephone loans have Bingaman, during the time when I was pensive for companies of our size. The helped to improve telephone service in growing up in Silver City. He was a FCC has no sympathy for small rural rural and high cost areas. Through ‘‘man of the people’’ in the very best telecommunications companies.’’ RUS financing, telephone borrowers sense of that phrase. He worked very As my colleagues know, this de-regu- have made significant improvements to hard for the interest of the people of latory law has been the subject of liti- telecommunications services through- New Mexico, and he will be remem- gation from the moment it was enacted out rural Minnesota. bered warmly in our State for his hu- due to what many perceive to be the My oversight of the FCC has also in- manity and for his great service. FCC’s over-regulatory approach to its cluded efforts to make it easier for

VerDate 11-MAY-2000 04:32 Oct 12, 2000 Jkt 089060 PO 00000 Frm 00080 Fmt 4624 Sfmt 0634 E:\CR\FM\A11OC6.085 pfrm01 PsN: S11PT1 October 11, 2000 CONGRESSIONAL RECORD — SENATE S10243 rural telecommunications carriers to Support Act’’ introduced by Senator to Local Television Act of 2000.’’ The meet the requirements of the Commu- CONRAD BURNS and endorsed by the Na- LOCAL TV Act would establish a $1.25 nications Assistance for Law Enforce- tional Telephone Cooperative Associa- billion loan guarantee program to fa- ment Act, or CALEA. In meeting with tion. This legislation will lift the regu- cilitate access to local television pro- small telephone carriers from Min- latory caps imposed upon the Universal gramming in rural Minnesota commu- nesota earlier this year, I learned Service Fund that limit the amount of nities. I am very pleased that the Sen- about the difficulty many carriers face support that can be directed to rural ate unanimously passed my amend- in meeting the June 30, 2000 CALEA telephone companies that serve high- ment that will ensure that the Na- compliance date. I agree that the FCC cost areas of our state. These regu- tional Cooperative Finance Coopera- should grant a blanket extension of the latory caps are inconsistent with the tion is considered an eligible lender compliance date so that rural carriers de-regulatory framework established under the proposed loan guarantee pro- will not face a $10,000 penalty for each by the 1996 Act and an unnecessary bar- gram. The CFC is among several pri- day that they were not in compliance rier to allowing further the further de- vate sector lenders which have sub- with CALEA. ployment of advanced telecommuni- stantial experience providing multi- For these reasons, I was pleased to cations services in rural communities. million loans in a cooperative environ- join this past April with twenty-five of I believe that we can also prevent ment and which have a track record of my Senate colleagues in a writing the rural communities from becoming projects of this size in rural areas. I am Commission to urge that it extend the technology ‘‘have nots’’ through repeal confident that this legislation will be June 30, 2000 CALEA compliance date of the federal telephone excise tax. The signed into law later this month. for software upgrades by small carriers 3 percent telephone excise tax was first I am proud to have worked with con- by one year. I regret that the Commis- established to fund the Spanish-Amer- sumers and Minnesota’s rural tele- sion has a different interpretation of ican War of 1898 but has since become communications companies on these the needs of rural carriers in meeting an obstacle to community investment issues and other initiatives that will this compliance date. I expect that the in technology. I am proud to be a co- help our state and country to develop a Commission’s new process by which in- sponsor of legislation to repeal this strong rural telecommunications pol- dividual carriers could petition for and ‘‘Tax on Talking’’ and save taxpayers icy. receive extensions to comply with billions annually. CALEA has been time consuming and There is no single solution to closing f burdensome for small telephone car- the digital divide and I also support S. 2572, the ‘‘Facilitating Access to riers. I would be supportive of legisla- THE YUGOSLAVIAN ELECTIONS tive action to address problems with Speedy Transmission for Networks, E- CALEA compliance. commerce and Telecommunications Ms. LANDRIEU. Mr. President, ten During this Congress, I have also Act,’’ also known as the ‘‘FASTNET years ago this October, a wall came worked with the Minnesota Associa- Act.’’ This legislation will relieve mid- down in Eastern Europe which marked tion for Rural Telecommunications and size telephone companies of excessive a renaissance for democracy in that re- the Minnesota Telephone Association reporting requirements that are a bar- gion of the world. I believe we all re- to encourage local phone competition rier to additional company investment member the dramatic pictures from in Minnesota by urging the Commis- in Internet services that would serve Berlin, with crowds in celebration, and sion to address the petition filed by the rural communities. This legislation Beethoven’s ‘‘Ode to Joy’’ booming in State of Minnesota in 1997 on whether was passed unanimously by the House the background. On the 10th Anniver- its ‘‘Connecting Minnesota’’ proposal of Representatives and I hope that it sary of that celebration, I believe we between the state and a private com- will be considered by the Senate soon. have seen that promise of democracy pany was consistent with the rights-of- Congress should also consider proposals spread to one of the last tyrannies in way criteria established through Sec- that will authorize the Rural Utilities Europe. Last Thursday, we bore wit- tion 253 of the Act. Not surprisingly, it Service to provide low-interest loans to ness to similarly dramatic images of took the Commission nearly two years companies that are deploying the Serbian people united in the cause to analyze and rule upon the State of broadband technology, as well as legis- of freedom. Minnesota petition. Rural consumers lation that will analyze the feasibility Earlier in the week, I think we all re- may witness additional entrants into of allowing low power television sta- alized something dramatic had hap- local television markets following the tions to provide data services to rural pened in Serbia. I joined with my Federal Communications Commission’s areas. friend and colleague, the junior Sen- decision to deny the petition. As we embark on the 21st Century, it ator from Ohio to introduce a resolu- Bringing technology to rural areas is vital that Minnesota’s high-tech tion commending the People of Yugo- has always been a top priority for me. businesses serving rural areas are not slavia for the brave step they took in As a member of the Congressional left behind in our new e-commerce their elections. It showed the kind of Internet Caucus, I have supported poli- economy. During this session of Con- courage that a people must dem- cies to address the growing concern in gress, I was an early and strong sup- onstrate if they are truly determined Minnesota about the ‘‘digital divide’’ porter of the enactment of ‘‘E-SIGN,’’ to establish the rule of law and the rule and access to the Internet. High-speed electronic signature legislation that of the people. Internet access is a key to improved will facilitate the growth of electronic We woke up to the wonderful news economic development in rural com- commerce into rural Minnesota. This that the whole world acknowledges the munities and important to Minnesota’s new law grants legal effect to elec- new Yugoslav President, Vojislav farmers, schools, small businesses, and tronic online electronic signatures that Kostunica. As in the Phillipines, Indo- hospitals. For these reasons, I strongly will enhance the ability of rural com- nesia, Romania and even our nation, disagree with the Commission’s inter- panies to complete business trans- the will of an aroused people, deter- pretation of section 706 of the Act actions and compete in our emerging mined to secure their freedom, proved which requires the agency to encourage digital economy. Rather than spend irresistible. We will not soon forget the the deployment of high-speed Internet precious time and resources com- sight of ordinary men and women access and other advanced communica- pleting paper transactions, the E-SIGN storming the Yugoslav parliament—the tions services to rural Minnesota. In Act will also allow consumers to pay people’s house—to restore that symbol my view, inaction by the FCC in re- bills, trade securities, and shop online of democracy to its rightful owners. moving barriers to the deployment of for a home mortgage and complete the While we congratulate and appreciate advanced telecommunications services deal by striking a few keys on their these dramatic developments in Serbia, can be overcome through the enact- computer. it is important to reflect a little on our ment of incremental proposals that Finally, I am proud to have worked own democracy. This Presidential elec- complement marketplace solutions. with my colleagues on the Senate tion marks the 54th time in our na- More specifically, I am proud to be a Banking Committee to pass the tion’s history that executive power will cosponsor of the ‘‘Universal Service ‘‘Launching Our Communities Access change hands peacefully, and according

VerDate 11-MAY-2000 04:51 Oct 12, 2000 Jkt 089060 PO 00000 Frm 00081 Fmt 4624 Sfmt 0634 E:\CR\FM\G11OC6.075 pfrm01 PsN: S11PT1 S10244 CONGRESSIONAL RECORD — SENATE October 11, 2000 to the will of the people. In many re- made especially vulnerable to having their strengthening the provision to ensure spects, the amazing success of our in- pain and symptom management treatment states use a reasonable portion of the dustry, our science and even our mili- decisions questioned by law enforcement of- Pittman-Robertson money to provide tary might all rests on this simple fact. ficials not qualified to judge medical deci- hunter education programs. It was in- sion-making. This can result in unnecessary Without a foundation of freedom, investigation, and further disincentives to troduced as S. 2609 and garnered 14 co- Americans could never have achieved aggressively treat pain. sponsors. the boundless success we have known. Unfortunately, ‘intent’ cannot be easily Senators SMITH, CRAPO, BAUCUS, and We owe a great debt to men and women determined, particularly in the area of medi- BOXER worked hard on Senate legisla- who founded our nation for their fore- cine where effective dosage levels for pa- tion that everyone can agree on. I ap- sight and their sacrifice. tients may deviate significantly from the preciate their dedication to that work, The Balkans are a land of tragic his- norm. The question of deciding intent should and we have produced an excellent tory. It provided the spark for the remain in the hands of those properly product that will bring accountability trained to make such decisions—the medical First World War, and has been in tur- to a program that represents one-third community and state medical boards. The of the U.S. Fish and Wildlife Service’s moil ever since. I am reminded that on Pain Relief Promotion Act seeks to hold the eve of the start of World War I, the harmless any physician who treats a pa- budget, ensure the hunting and fishing British Foreign Minister looked out his tient’s pain even if death occurs, and the community that the money they pay in window upon a worker putting out the measure attempts to create a ‘safe harbor’ excise taxes is being used for its in- street lights, and remarked: provision in an effort to shield physicians tended purpose, and that the Pittman- whose use of federally-controlled drugs unin- The lamps are going out all over Europe; Robertson and Dingell-Johnson pro- tentionally hasten or cause death. However, we shall not see them lit again in our life- grams will continue to be this nation’s this provision does not change the fact that time. premier wildlife and fisheries conserva- the DEA would now explicitly be charged For the first time in a very long tion programs. with overseeing the medical use of con- I encourage all of my colleagues to time, the lamps of European freedom trolled substances, resulting in a negative support this substitute, and I encour- are lit across the entire continent. It is impact on cancer pain treatment. . . age the President of the United States a vindication of the sacrifice of two The American Cancer Society state- to sign this important piece of legisla- generations of Americans who risked ment concluded with the following ob- tion. their lives in war. It is a vindication of servation: f this nation’s principles, and most of The American Cancer Society has engaged all, it is a vindication of the aspira- in a deliberative process to evaluate the im- ADDITIONAL STATEMENTS tions of the Yugoslavian people. I hope pact of the Pain Relief Promotion Act on our that this body, when we return next Quality of Life goals for all people living year, will act quickly and generously with cancer. Its analysis included a review of KANSAN OLYMPIANS to welcome Serbia back to the commu- existing Society policies on pain and symp- ∑ Mr. BROWNBACK. Mr. President, I nity of nations. I also hope that we will tom management and opposition to physi- rise today to recognize the athletes cian assisted suicide. We have concluded from Kansas who participated in the take all necessary steps to secure a that as written, the Pain Relief Promotion lasting peace in the Balkans. I believe Act would ban the use of federally controlled 2000 Olympic Games in Sydney, Aus- it is important that we place a par- substances for physician-assisted suicide at tralia. Each of these athletes contrib- ticular focus on the children of this re- the expense of controlling pain and advanc- uted in his or her own way to the suc- gion. Like so many other conflicts, the ing symptom management. These issues are cess of the American Team. It is my wounds of the Balkans will take time both critically important, but are separate pleasure to recognize the following ath- to heal. Our best hope for that healing issues. While the Society strongly opposes letes from Kansas for their efforts in comes from the children. I look for- all patient deaths stemming from assisted the Olympic Games: Maurice Greene, suicides, we must give heavier weight to the ward to working with my colleagues so Nathan Leeper, Passion Richardson, more than 1500 individuals who die of cancer Christie Ambrosi, Sarah Noriega, Tara that our best hopes might be realized. every day in this country—more than half of f whom die in pain unnecessarily. Moreover, Nott, and Melvin Douglas. Each of these athletes deserves to be AMERICAN CANCER SOCIETY’S PO- the American Cancer Society believes that the best approach to help cancer patients commended on their perseverance and SITION ON THE PAIN RELIEF and reduce and prevent assisted suicide is dedication to their respective sports. PROMOTION ACT through the adoption of proactive policies The devotion of these athletes has been Mr. WYDEN. Mr. President, on Octo- and the provision of resources to prevent and rewarded with the opportunity to rep- ber 4, 2000, I did not correctly state the ameliorate pain and suffering in people with resent the United States as Olympic American Cancer Society’s position on cancer, especially for those at the end-of-life. Athletes. Not only have these athletes S. 1272, when I stated that they ‘‘. . . I appreciate this opportunity to clar- represented America, but they have strongly opposed . . . the Pain Relief ify the position of the American Cancer also made the citizens of their home Promotion Act.’’ Their actual position, Society on S. 1272. State of Kansas proud. taken directly from their recent state- f The spirit of these athletes is encour- aging and is to be applauded. America’s ment on the legislation, is as follows: THE WILDLIFE AND SPORT FISH team could not have finished on top . . . The American Cancer Society appre- RESTORATION PROGRAMS IM- without the help of these special Kan- ciates the commitment shown by the spon- PROVEMENT ACT OF 2000. sors of the legislation to address these sans. Every four years the world comes issues, but unfortunately is unable to sup- Mr. CRAIG. Mr. President, I rise together in this ultimate show of port this legislation as written . . . Careful today in support of the Environment athleticism. These Kansan athletes analysis of the House-passed measure and a and Public Works Committee’s sub- will be forever a part of this honorable substitute version of the Senate bill . . . stitute to H.R. 3671, the Wildlife and tradition. It gives me great pleasure to have serious potential to exacerbate the cur- Sport Fish Restoration Programs Im- recognize the accomplishments of rent problem of under treatment of pain. provement Act of 2000. While there are provisions to proactively ad- these athletes. dress pain and symptom management, the Chairman YOUNG and others did a Maurice Greene maintained his role Society maintains that any benefit from tremendous amount of investigative as the fastest man on Earth by winning such provisions would not outweigh the po- and legislative work to get us to this the Men’s 100 meter race. He also tential threat posed by the changes to CSA. point, and I want to thank them for all helped the 4x100 relay team run their Furthermore, neither section of the bill com- of their efforts. Their original bill way to another gold medal for the prehensively addresses the needs of pro- passed the House with tremendous bi- American Team. viders, patients, and families for ongoing partisan approval, garnering just two Nathan Leeper rose to high aspira- support and education to counter the current ‘‘no’’ votes. tions in the high jump competition. problem of under-treatment of pain—a prob- lem that often leads to requests for physi- Senator CRAPO and I took the House After leaving the sport for a short cian-assisted suicide . . . Under the Act, all bill and strengthened it by providing a time, Nathan made the ultimate come- physicians and particularly physicians who sensible level for grants for projects back as a member of this Olympic care for those with terminal illnesses will be that affect more than one state and Team.

VerDate 11-MAY-2000 05:38 Oct 12, 2000 Jkt 089060 PO 00000 Frm 00082 Fmt 4624 Sfmt 0634 E:\CR\FM\A11OC6.086 pfrm01 PsN: S11PT1 October 11, 2000 CONGRESSIONAL RECORD — SENATE S10245 Passion Richardson helped the wom- HONORING A COLUMBINE HERO, and parents murdering their children. The en’s 4x100m Relay team run their way BOY SCOUT EVAN TODD ingregient that has made America different is the last couple of ‘adult generations’, and out of the rounds into the finals. this ∑ Mr. ALLARD. Mr. President, I rise competition was Passion’s Olympic their changes towards what is right & wrong, today to share with my colleagues a good & evil. It appears to me that our soci- debut and her participation in this pair of statements I recently received ety is confused. The adult world seems as a event is the epitome of teamwork and from an exceptional young man in Col- ship with no rudder being cast around by the dedication. orado, Mr. Evan Todd of Littleton. wind and storms of our times, with no con- Christie Ambrosi helped the women’s Evan was one of the many unfortunate trol or understanding as to why. Many of softball team grab the gold medal for victims of the horrific shooting that these storms appear to have been caused by America. Her hard work as an out- took place at Columbine High School their own accord. It’s as if our adult society fielder and strong hitting skills has no compass, no bearing, no standards for on April 20, 1999. Evan was the first brought the team home with gold med- our society. I have found them confused. student shot in the library at Col- als along with their gloves. Even at our age, we can discern the dif- As a member of the Women’s umbine High School, and despite his in- ference between what you say and what you volleyball team, Sarah Noriega rose be- juries he assisted other students and do . . . administered first aid to a seriously In regard to the solution of watching what yond the expectations. Sarah helped comes out of us by monitoring closely our launch the team into the medal round, wounded peer until emergency services could arrive. Evan, an active Boy world with surveillance cameras, what we proving that the team has a great fu- say, how we look, etc., our society needs to ture ahead. Scout, was awarded the prestigious watch carefully what goes into us. In my Tara Nott made Olympic history as Boy Scouts of America Honor Medal room is a picture of the Grand Teton moun- the first woman to go home with gold for his inspiring actions. Still a Col- tain range in Wyoming. Below the picture is from a Women’s Olympic Weightlifting umbine student, Evan has dedicated a the following: competition. Christie had no problem tremendous amount of time to speak- THE ESSENCE OF DESTINY carrying her gold medal home to Kan- ing to other students and adults around ‘‘Watch your thoughts, for they become sas. the nation concerning the problems of words. Choose your words, for they become Melvin Douglas is no stranger to the youth violence and the cultural influ- actions. Understand your actions, for they Olympic games, as the Sydney com- ences on American youth. I am hon- become habits. Study your habits, for they petition as his second Olympic appear- ored that Evan took the time to write will become your character. Develop your character, for it becomes your destiny.’’ ance. His perseverance in the sport has to me and I ask that a copy of Evan The good news for those of us that are proven that great athletes can come at Todd’s letter to his fellow Scouts and a Scouts is that we are privileged to be a part any age. copy of a speech he delivered at ‘‘The of an organization that provides us the tools Again, Mr. President, I congratulate Gathering,’’ a meeting of victims of and instructions to put into us that which these Kansas Athletes on their out- school violence, be printed in the builds a better person, a better nation. Those standing accomplishments. All of these RECORD. tools are called the Scout Oath and Scout athletes have made Kansas and United LITTLETON, CO. Law. Robert Gates, former Director of the States of America very proud.∑ DEAR FELLOW SCOUTS: I have been told U.S. Central Intelligence Agency (CIA) and that into each life some rain must fall. Some our current President of the National Eagle f get rained on more than others. The rain Scout Association (NESA) recently stated RECOGNITION OF CLIFFORD that came down on us at Columbine High that there is a war going on for the souls of PIERCE MIDDLE SCHOOL IN School was a cloudburst of epic proportions. our boys and young men in this nation. He MERRILLVILLE, INDIANA, WIN- This act was senseless, tragic and without sees clearly. If you are to be a scout, don’t be a scout in word only. Learn and practice the NER OF THE PRESTIGIOUS BLUE justification, whatsoever. 13 murdered 25 wounded and 1,951 students youth destroyed. Oath & Law in everything you think, say and RIBBON SCHOOLS AWARD As a student who was shot and wounded in do. I understand well how hard that can be, ∑ Mr. BAYH. Mr. President, I rise the library, it has changed my life, forever. but ‘‘Do Your Best.’’ To the Boy Scouts of proudly today to congratulate Clifford I believe that the children of a society are America, thank you for defending our 90- Pierce Middle School in Merrillville, nothing more than the reflection of the soci- year record and not allowing the Oath & Law Indiana for its selection by the U.S. ety that they are brought into. The event to be redefined. As you say, it has stood the here at Columbine in Littleton Colorado, and test of time. The generation that wants to Secretary of Education as one of the the events at Moses Lake Washington, Pearl change the Oath & Law has not stood the nation’s outstanding Blue Ribbon Mississippi, Jonesboro Arkansas, Edinboro test of time. To all the scouts across Amer- Schools. Clifford Pierce Middle School Pennsylvania, Fayetteville Tennessee, ica that sent me & my troop cards, letters, is one of only two Indiana schools, and Springfield Oregon, Richmond Virginia, Con- posters, your thoughts and prayers, thank one of only 198 schools across the coun- yers Georgia, Los Angeles California and you from the bottom of my heart. To you try, to be awarded this prestigious rec- elsewhere indicate to me that our nation has here tonight, I bid you vaya con Dios mi ognition. a serious character flaw. Since the Col- amigos, God Bless you and God Bless the In order to be recognized as a Blue umbine tragedy, I have tried to stay abreast work you do. Ribbon School, Clifford Pierce Middle of the ‘‘adult society’’ debate as to the Thank You. EVAN TODD, School met rigorous criteria for overall ‘‘why’’ and ‘‘how’’ of these terrible incidents. The adults debate and argue over what con- Eagle Scout Troop 989.∑ excellence. The teachers and adminis- stitutes good and what constitutes evil; what tration officials demonstrated to the is right and what is wrong. At the time of REMARKS BY EVAN TODD AT ‘‘THE Secretary of Education the qualities the Columbine tragedy, our national leader, GATHERING’’ necessary to prepare successfully our the President, stated the youth of this na- I have been told that into each life some young people for the challenges of the tion need to learn to resolve our differences rain must fall. Some get rained on more than new century, and proved that the stu- with words, not weapons. At the time this others. The rain that came down on us at dents at Clifford Pierce Middle School statement was made, we as a nation, were Columbine and at Moses Lake Washington, effectively met local, state and na- bombing Yugoslavia. They tell us that the Pearl Mississippi, Jonesboro Arkansas, tional goals. youth of this nation need to be more toler- Edinboro Pennsylvania, Fayetteville Ten- Hoosiers can be very proud of our ant, kinder, gentler, more understanding. nessee, Springfield Oregon, Richmond Vir- Yet our entertainment, music, TV, movies, ginia, Conyers Georgia, Los Angeles Cali- Blue Ribbon schools. The students and games (and actions of) the adult world pro- fornia and elsewhere were cloudbursts of epic faculty of Clifford Pierce Middle vides for our consumption are all too often proportions. All of these acts were senseless, School have shown a consistent com- filled with violence, sex, death and destruc- tragic and without justification, whatsoever. mitment to academic excellence and tion. If we were to take into our lives what As a student who was shot and wounded in community leadership. Clifford Pierce is provided to us by our society, our actions the library at Columbine, who was literally Middle School has raised the bar for would also violate the Scout Oath & Law. trapped while 10 of my classmates were mur- educating our children and for nur- Other solutions to school violence have been dered, 4 of them my friends and 16 more of us turing strong values. This Hoosier nametags to be carried around our neck as were wounded, crippled, disfigured and para- millstones, metal detectors, increased video lyzed, it has changed my life, forever. school provides a clear example as we surveillance, etc. Our nation has always had I believe that the children of a society are work to improve the quality of edu- guns. Our nation has always had children. nothing more than the reflection of the soci- cation in Indiana and across the Na- What our nation hasn’t always had is chil- ety that they are brought into. These events tion.∑ dren murdering children and their parents, indicate to me that America has a serious

VerDate 11-MAY-2000 04:51 Oct 12, 2000 Jkt 089060 PO 00000 Frm 00083 Fmt 4624 Sfmt 0634 E:\CR\FM\A11OC6.048 pfrm01 PsN: S11PT1 S10246 CONGRESSIONAL RECORD — SENATE October 11, 2000 character flaw. Since the Columbine trag- actions. Understand your actions, for they and up by 4 a.m., and at the station before 5 edy, I have tried to stay abreast of the become habits. Study your habits, for they to prepare for the morning newscast. ‘‘adult society’’ debate as to the ‘‘why’’ of will become your character. Develop your Johnson is the news director of these terrible incidents. The adults debate character, for it becomes your destiny.’’ Brattleboro’s dominant radio station, and argue over what constitutes good, . . . Even before Columbine, my father told me WTSA-AM and FM. He works exhausting and what constitutes evil; what is right and that when a society opens the gates of hell hours, both locked in the studio and then out what is wrong. Our nation has always had for the pursuit of its’ happiness, for its’ on the streets getting the news. guns. Our nation has always had children. I pleasures and for its’ economy, the devil will This is a radio newsman who gets a tan. believe what our nation hasn’t had—is chil- come out and have his dance with us. We (Well, a little tan.) dren murdering children—and their parents, here today were the unfortunate ones who Johnson, 43, has been on the air since he . . . and parents murdering their children. had to dance. was a teenager at Brattleboro Union High The ingredient that has made American dif- I believe I have found the problem within School, working at WTSA’s cross-town com- ferent is the last couple of ‘‘adult genera- America. Each and every citizen can too. All petition, WKVT. He was 17 and making $1.60 tions’’ of Americans, and their changes to- they have to do is look into the mirror every an hour when he started working weekend wards what is right & wrong, good & evil. Is day to find the demon. They can also find shifts at the station, and gradually left be- hind disc jockey chores for the newsroom. God now sending forth demons to America in the solution in that same mirror. Ask your- Johnson is a self-taught radio expert who the form of its children, or have the demons self daily, ‘‘what am I thinking, saying and never went to college, whose first broadcast occupied our adult society, by invitation? doing in my life to call out the demons on challenge was to overcome a stutter. Friends How are we as kids treated differently than the youth of my nation?’’ In the final anal- say he overcame it by simple determination. the kids before us? As a generation, we are ysis, a nation is judged on how it treats its’ ‘‘The first word I stumbled over was Epis- unique. We have been slaughtered on our young and its’ old. Until we return to re- copal,’’ he said. ‘‘I mispronounced it three way into this world, we are murdered as we specting life as sacred, prepare yourself for more dances, more heartbreak, more death, times.’’ live and try to grow in this world, and we are His own name, Arsenault, and the prob- and more destruction. It also would be wise molested, assaulted, sexualized and drugged. lems he has pronouncing it, helped persuade to look into the future of America. It’s not The adult society has responded by creating him to choose something simpler for on-air. entire new industries and professions to re- that hard. The character a nation instills Johnson has been chasing the news in pair their damage to us. Even as I speak to into its youth today, will be the destiny of southern Vermont for more than 20 years. No ∑ you our adult society is setting the stage to our nation tomorrow. Rolodex for him. He has a memory for tele- murder us when we become old. We are even f phone numbers, perhaps a 1,000 or more. He taught that we evolved from slime. (An in- TRIBUTE TO TIM JOHNSON goes to house fires, car accidents, board teresting item that the public is not fully meetings, governor’s appearances and home- aware of is that the two cold-blooded mur- ∑ Mr. LEAHY. Mr. President, today I coming football games. derers in Littleton used the theory of evo- rise to tell you about a man I have ‘‘It’s the personal pride of putting a good lution as their foundation, ‘‘Survival Of The known for many years now who is a product out there,’’ said Johnson, who puts Fittest.’’ You’ve all heard of their uniforms, credit to his profession and to his com- the emphasis on community. the black trenchcoats, but the real uniform ‘‘We’re one of the few radio stations that that day was the T-shirt Eric Harris had on munity. He is a consummate profes- still do lost dog announcements,’’ said John- that said ‘‘NATURAL SELECTION’’ Has our sional and an even finer human being. son, who fields telephone calls on such topics adult society banned that?) It appears to me Tim Johnson has been bringing the ‘‘Is there softball tonight?’’ and ‘‘Is there that we have willingly become a culture of news to Brattleboro, VT and beyond for school?’’ and ‘‘Is Brattleboro Bowl open to- death and violence. Some adults blame the more than 20 years now. It is clear that night?’’ jocks like me, the cheerleaders and others, Vermonters know a good thing when He is also the technical wizard at the sta- . . . even the trenchcoats, . . . and some even they hear it. tion, and the ‘scanner head.’ He taught him- say if our country only offered 9 round ammo Tim, now the news director at WTSA, self as the station switched to cyber. There clips instead of 10 or more, things would be is no such thing as a piece of tape in radio better. is a Brattleboro institution. In these now; it’s all digital. At the time of the Columbine tragedy, our times of huge media conglomerates and The high and mighty came calling at West- national leader, the President, stated the syndicated radio programs, Tim John- ern Avenue, or rendezvous on the road. His youth of this nation need to learn to resolve son knows Brattleboro—he is a grad- ‘‘Live Mike’’ van allows him to get news on our differences with words, not weapons. At uate of Brattleboro Union High the spot and broadcast it first. In the com- the time this statement was made, we as a School—and residents have come to petitive Brattleboro news market, WTSA nation, were bombing Yugoslavia. They tell rules. rely on him for the news they care ‘‘You don’t know how many people call me us that the youth of this nation need to be about. Time, on a typical day, will re- more tolerant, kinder, gentler, more under- Mike,’’ laughs Johnson over soup and salad standing. Yet our entertainment, music, TV, port on everything from lost pets, to at the Jolly Butcher, a popular see-and-be- movies, games (and actions of) the adult school closings and national affairs. As seen restaurant a mile from the station. world provides for our consumption are all Vermont’s Senator for more than 20 With his distinctive deep voice, people in- too often filled with violence, sex, death and years, I have had the pleasure of work- stantly recognize Johnson, and his relaxed destruction. If I were to take into my life ing with Tim throughout the years and personality invites conversation, ‘‘You can’t what is provided to me by society, my ac- I have come to appreciate his keen in- brush anybody off; they might think you’re a tions too would violate the Heavenly & snob and word gets around fast in a town sights and his dogged pursuit of the like Brattleboro,’’ said Johnson, who seems Moral Laws my family have taught me. facts. Tim has demonstrated an unflag- Other solutions to school violence have been to enjoy the attention. nametags to be carried around our neck as ging commitment to keeping his com- At The Jolly Butcher, the jolly chef teases millstones, metal detectors, increased video munity informed and Brattleboro has Johnson about the station’s recent lobster- surveillance, etc. It appears to me that our been the better for it. While we hear so eating contest, which raised money for the society is confused. The adult world seems as much about what is wrong with the Winston Prouty Center, a school and day a ship with no rudder being cast around by media today, Tim Johnson is a shining care center for handicapped children. As he leaves, Johnson is hugged by Windham Coun- the wind and storms of our times, with no example of what is right. control or understanding as to why. Many of ty Side Judge Trish Hain, who once worked I ask to have printed in the RECORD a for him as an assistant news editor at these storms appear to have been caused by profile of Tim Johnson from The Times their own accord. It’s as if our adult society WKVT. Everybody, it seems, knows him. He’s chairman of the board of directors of has no compass, no bearing, no standards for Argus, dated October 1, 2000. BCTV, Brattleboro’s heavily watched com- our society. Even at our age, we can discern The article follows: munity television station. He’s moderator the difference between what you say and [From the Sunday Rutland Herald, Oct. 1, for his hometown, serving Vernon as a what you do. . . . 2000] steady hand during marathon town meet- In regard to the solution of watching what TIM JOHNSON: RADIO JOURNALIST KEEPS AN ings. He’s also the Windham County director comes out of us by monitoring closely our EAR ON BRATTLEBORO of the emergency alert system, which ac- world with surveillance cameras, what we (By Susan Smallheer) say, how we look, etc., our society needs to counts for the second of two beepers on his BRATTLEBORO.—The studios of WTSA in watch carefully what goes into us. In my belt. And he recently became the moderator Brattleboro are on the second floor of an old bedroom is a picture of the Grand Teton for the Brattleboro Union High School dis- Victorian home on Western Avenue. It’s Tim mountain range in Wyoming. Below the pic- trict. Johnson’s home away from home, sometimes He’s also a justice of the peace and ture is the following: for as long as 18 hours a day. He’s even slept Vernon’s representative to the Windham Re- THE ESSENCE OF DESTINY on a pull-out futon at the station. gional Commission. ‘‘Watch your thoughts, for they become When he’s home, though, he’s in bed by 10 Johnson relishes the pace, but health prob- words. Choose your words, for they become p.m.—unless there’s a close Red Sox game— lems have forced him to scale back to 55–60

VerDate 11-MAY-2000 04:51 Oct 12, 2000 Jkt 089060 PO 00000 Frm 00084 Fmt 4624 Sfmt 0634 E:\CR\FM\A11OC6.050 pfrm01 PsN: S11PT1 October 11, 2000 CONGRESSIONAL RECORD — SENATE S10247 hour work weeks. He’s devoting more time the 150th anniversary of its first meet- statehood for Hawaii. In 1959, The now to his wife, family, and three grand- ing, on October 15, 1850, of a group of Chamber joined other local advocates children, not to mention their dog Loretta. Honolulu businessmen at the behest of in celebrating Hawaii’s statehood. Both he and Sue, the activities programmer Hawaii’s King Kamehameha III. They In 1978, The Chamber of Commerce of at the special needs unit at the Vernon Green Nursing Home, were married before, founded the Hawaiian Chamber of Com- Hawaii played a leading role in Ha- he said, and family means a great deal to merce, an organization that would lead waii’s State Constitutional Conven- both of them. the Hawaiian Islands’ growth in trade, tion. Johnson divorced in his 20s, and his only commerce, economic and social devel- Throughout its 150-year history, and child, 3-year-old son Jeremiah, was murdered opment through the years. The Cham- continuing today, The Chamber of 18 years ago in Texas by his ex-wife’s drunk- ber of Commerce of Hawaii is the sec- Commerce of Hawaii has helped to sup- en half-brother. Johnson says his grief al- ond-oldest chamber of commerce west port a strong U.S. economic and mili- most destroyed him. of the Rockies, and the only American tary presence in the Asia-Pacific re- But his renewed interest in his Christian chamber founded under a monarchy. gion. As the economies of the region religion has made him forgive his former The history of The Chamber of Com- brother-in-law, who is out of prison after grow, The Chamber’s continued sup- serving most of a 10-year sentence. ‘‘I forgive merce of Hawaii includes many, many port for a strong, forward based mili- him. In God’s eyes he’s forgiven. But do I accomplishments. I wish to provide a tary presence that provides the sta- think he’s a nice person? No. glimpse of their more notable achieve- bility prerequisite to prosperity will be ‘‘I don’t believe in the death penalty. I’m a ments which I believe merit recogni- important. The Chamber’s continued death penalty opponent,’’ he says. tion. work to promote economic develop- Religion helps him, he says, deal with his In 1867, The Chamber of Commerce of ment in the region will play a vital personal tragedy and job stress. And he uses Hawaii initiated negotiations for the role in aiding the goals and interests of his voice—‘‘I sing tenor’’—in the choir of the first treaty of reciprocity in trade be- South Vernon Advent Christian Church, Hawaii and the United States in the tween the United States of America Asia-Pacific region. where both his grandfathers were pastors. and the Kingdom of Hawaii. Back after lunch, Johnson makes a few Congratulations to The Chamber of The Chamber of Commerce of Hawaii calls to get the proverbial sound bite to flesh Commerce of Hawaii on its 150th anni- authored the Hawaiian National Bank- out a story from the AP about an issue in versary, and best wishes for continued ing Act of 1884, allowing the establish- the governor’s race relating to homosex- success in the years ahead.∑ uality and public education. ment of the banking system that has This afternoon, he will even do double evolved into Hawaii’s current system. f duty, cueing up CDs for a missing DJ, In 1898, The Chamber of Commerce of expertly flipping through the playlist, se- Hawaii began its successful advocacy TRIBUTE TO EDMUND F. BALL lecting a song to fit the time slot and sliding for a Hawaii-San Francisco Trans- ∑ it into the stacked CD players, all with sec- Pacific cable. Mr. LUGAR. Mr. President, Hoosiers onds to go. The Hawaii Visitors Bureau, today have been remembering and cele- He dashes between music and news, cueing known as the Hawaii Visitors and Con- brating the remarkable life and up disks and editing the sound bites he gar- achievements of one of our greatest nered from Vernon NEA President Angelo ventions Bureau, was founded by the Chamber of Commerce of Hawaii in citizens, Edmund F. Ball. I want to Dorta, all at amazing speed. share with the nation a most appro- He’s in his element.∑ 1903. This agency has led the develop- priate tribute published in the Muncie f ment of Hawaii’s visitor industry, which today is the largest sector of Ha- Star Press of October 3, 2000 by Phil SUGAR BEETS waii’s economy. Ball. The article follows: ∑ Mr. BURNS. Mr. President, I rise In 1907, The Chamber of Commerce of today to bring attention to a disaster Hawaii conducted a survey of the Pearl Ed Ball took his last flight Sept. 30. This River to facilitate the construction of was an unscheduled flight but with a good facing many Eastern Montanans. As pilot who probably let Ed handle the con- you are aware, Montana has faced a harbor and dry dock that is now Pearl Harbor. The United States Pa- trols for some of the trip. wildfires and drought this summer. An- This was a flight into history—a flight into other type of disaster has struck the cific Command today provides a strong, legend. upper Yellowstone Valley. This region forward based U.S. defense in the Asia- Ed died in Ball Memorial Hospital. Just grows and processes about one million Pacific region from this great harbor. across the street is the Edmund F. Ball Med- In 1919, The Chamber of Commerce of tons of sugar beets a year. Sugar beets ical Education Center. And a half-mile away Hawaii founded Aloha United Way, Ha- stands the Edmund F. Ball Building on the must be harvested before the ground waii’s leading charitable organization Ball State campus. A mile and a half away in freezes to ensure the quality of the which annually collects millions of dol- Community Civic Center (once the Masonic product. On October 4, 2000, tempera- lars for the needy in Hawaii. Temple) is an assembly room named the Ed- tures dropped very low and a heavy The Chamber of Commerce of Hawaii mund Ball Auditorium. Those are just a few frost impacted the area. The growers of the monuments to this most important became the trustee of Hawaii’s Public who are under contract to Holly Sugar citizen who has ever lived in our hometown Health Fund in 1923. The Public Health are now left without a viable crop that, of Muncie. Fund provides seed money for approxi- under normal conditions, would bring But Ed’s life and times and image and mately 20 public health projects each $40 million to the area. This is the achievements and generosities were his most year. important monuments. major cash crop for this part of Mon- In 1928, The Chamber of Commerce of Ed wasn’t one to brag. Those who knew tana. Without this revenue, futures, Hawaii’s aviation committee sought him knew his modesty and his tendency to- jobs, and businesses will be in jeopardy. out airlines to provide the first inter- ward self-deprecating humor. One of Ed’s I bring this important matter to your island air service. witticisms was to say that after his life was attention today, so that you will be In 1929, The Chamber of Commerce of over, all he had done was ‘‘to cross the street.’’ To explain this, he pointed out that prepared to assist me in getting the Hawaii drafted a plan to increase the necessary financial help to these pro- he was born on East Washington Street and depth of Honolulu Harbor to accommo- when he died he would be laid out and pre- ducers whose very future may hinge on date modern ships and facilitate inter- ∑ pared for burial at Meeks Mortuary across the help we can provide. national trade. Today, Honolulu Har- the other side of East Washington Street. f bor is our primary port of entry for the But in almost 96 years between those two vast majority of all goods to Hawaii. events, Ed accomplished more than any 10 TO COMMEMORATE THE 150TH AN- In 1941. The Chamber of Commerce of people and became a legend in his own time, NIVERSARY OF THE CHAMBER Hawaii founded the Blood Bank of Ha- although he would be the first to deny any OF COMMERCE OF HAWAII waii. Later that year, the services of such words of grandiloquence. This home- ∑ Mr. INOUYE. Mr. President, the year town of his and mine and yours has been the the Blood Bank helped to save many beneficiary of countless works of his mind 2000 marks an occasion that is worthy lives when Pearl Harbor was attacked and his generosity. of recognition by the Senate. The on December 7th, 1941. The last time I saw Ed was when he was Chamber of Commerce of Hawaii cele- The Chamber of Commerce of Hawaii hospitalized in June 1999 with a minor prob- brates its sesquicentennial, marking was an active and vocal advocate for lem—heart trouble. I am glad that at that

VerDate 11-MAY-2000 05:47 Oct 12, 2000 Jkt 089060 PO 00000 Frm 00085 Fmt 4624 Sfmt 0634 E:\CR\FM\A11OC6.089 pfrm01 PsN: S11PT1 S10248 CONGRESSIONAL RECORD — SENATE October 11, 2000 time I did something to boost his morale and aircraft repair and maintenance units. County Prosecutor from 1956 through help erase one of his lifelong regrets. I made As a donation to the war effort, Mr. 1964 and in his service to the City of him an honorary member of my Old and Roberts turned the Grand Hotel and its Detroit as presiding Traffic Court Ref- Original and Valid Muncie Ball family. facilities over to the US Army Air eree. Many people in the past have thought that Ed might be somehow related to me—it isn’t Force to be used as its Maritime Train- In 1968, Roman Gribbs’ career in the really so. Ed’s family were frost-bitten im- ing School. Operation Ivory Soap train- law took a new turn when he was ap- migrants from Buffalo in 1887, whereas my ing began on July 10, 1944. pointed, then elected, Sheriff of Wayne family were already here and cultivating the Using the Grand Hotel, officers and County. His commitment to strong and soil in Delaware County by 1830. men moved in and began living in fair enforcement of the law earned him Ed wrote me on June 12, 1999, and said he ‘‘Navy style.’’ All personnel referred to respect far beyond the boundaries of was pleased that he at long last had finally the floors as decks, kept time by a Michigan’s most populous county. achieved good genealogic status—even ship’s bell and indulged in the use of In 1969, Sheriff Gribbs was elected though it was just honorary. tobacco only when the ‘‘smoking mayor of the city of Detroit, just 2 His type of man will not be seen again any- time soon, if ever. He was Muncie’s man of lamp’’ was lit. The courses included years after the city had endured one of the millennium. swimming, special calisthenics, march- the most destructive civil disturbances Shakespeare said it best when he wrote the ing, drill, navigation, ship identifica- in the Nation’s history. Under his lead- last words of Hamlet, the Prince of Den- tion, signaling, cargo handling, ship ership, the people of Detroit began to mark, who lay dying. This is what Hamlet orientation, sail making, amphibious heal the city’s wounds, to bridge their said: ‘‘The rest is silence.’’∑ operations, and more. Two men from differences and to build their common f each ship were also trained to be un- future. As a newly elected member of OPERATION IVORY SOAP derwater divers. During a five month Detroit’s City Council in those years, I period, the school turned out 5,000 can testify with first hand knowledge ∑ Mr. SESSIONS. Mr. President, I rise highly-trained Air Force seamen. When to the debt this great American city today in tribute to the men and women they and their ships went to war, so did owes to the calm, determined leader- who participated in a little known cov- Colonel Thompson. The men of the op- ship of Mayor Roman Gribbs. ert operation in World War II—Oper- eration participated in the landings in After stepping down as mayor, ation Ivory Soap. During World War II, the Philippines, Guam, Tinian, Saipan, Roman Gribbs followed his love for the ‘‘island hopping’’ was a critical ele- Iwo Jima, and Okinawa. Fighter air- law and won a seat on the bench of the ment in the U.S. Pacific strategy. The craft and B–29s taking off from these Third Judicial Circuit and then on the idea was to capture Japanese held is- bases flew continuous missions over Michigan Court of Appeals where he lands of tactical or strategic impor- Japan. Many lives, as well as aircraft, has served the people of Michigan with tance and by-pass any far-flung or in- were saved because of the men of the a high standard of ethics and courage. consequential bases. Once an island aircraft repair and maintenance units. In addition to being a dedicated man was taken it was used as a forward air- Perhaps the greatest tribute I can of the bench, Judge Gribbs also finds field for aircraft returning from long- make to the exploits of these sea-going solace in his involvement in the arts. range missions where they were re- airmen is to paraphrase the Merchant His interest in the humanities and the paired, rearmed, and made ready for Marines who worked with them and cultural arts is evidenced through his the next vital mission. who praised them as ‘‘equal to any sea- service as a member of the Founders General Henry H. ‘‘Hap’’ Arnold, going combatants they had ever served Society of the Detroit Institute of Art, Commander of the Army Air Forces, with.’’ This is a testament to their the Detroit Historical Society and the recognized the need for forward-based, skill and professionalism and the abil- Michigan Opera Theater. mobile air depots to support American ity of this nation to adjust its re- Despite all that Judge Gribbs has ac- bombers and fighters in the Pacific sources to defeat the enemy. The complished in a life of service to others war. General Arnold and a panel of Grand Hotel still stands elegantly on those of us fortunate enough to have military officers determined the need the banks of the Mobile Bay. A hotel enjoyed his friendship may admire him for converting naval repair ships into whose rich southern history embodies most for the quiet qualities we have hybrid aircraft depot ships. Eventually, the best traditions of this country.∑ seen in him over many years—his six 440-foot-long Liberty ships and 18 f unyielding integrity, his uncommon smaller 180-foot-long auxiliary vessels decency and perhaps most amazingly, would be modified into Aircraft Repair JUDGE ROMAN S. GRIBBS, JUDGE given the tumultuous times he has Units, carrying 344 men, and Aircraft FOR THE MICHIGAN COURT OF lived in, his gentleness. Maintenance Units, manned by 48 APPEALS Judge Gribbs can take pride in his troops. Everything from the smallest ∑ Mr. LEVIN. Mr. President, I am de- long career of service and dedication to aircraft parts to complete fighter lighted to rise today to acknowledge a the law and to the people of Michigan. wings were carried on these ships. The distinguished public servant, from my I know my colleagues will join me in repair and maintenance facilities were home state of Michigan, Judge Roman saluting this man from Michigan, and manned 24-hours a day and the Liberty S. Gribbs, who will be retiring from the in wishing him well in the years ships included platforms to land the bench of the Michigan Court of Ap- ahead.∑ ‘‘new’’ helicopter for quick ship-to- peals, at the close of this year. In No- f shore repair transport. vember, hundreds of his colleagues, The Army Air Force crews that friends and family will celebrate the TRIBUTE TO COMMANDER manned these ships had to be trained career of this gentleman of the bench CATHERINE A. WILSON to understand the nautical aspect of who played a distinct role in shaping ∑ Mr. INOUYE. Mr. President, as the life at sea. Colonel Matthew Thompson Michigan’s history. 106th Congress draws to a close, I stand of the Army Air Force was given the Judge Gribbs dedicated his academic to pay tribute to a distinguished Navy mission to turn airmen into seamen. and professional life to studying, officer who served as a Congressional Called back from Anzio in Italy, the teaching, enforcing, practicing and in- Science Detail on my staff during this Colonel had less than two weeks to or- terpreting the laws that govern the Congress. Commander Catherine Wil- ganize the training program. citizens of Michigan. He excelled in his son, United States Navy, was selected The Grand Hotel in Point Clear, AL, studies at the University of Detroit for this highly coveted position as a re- was the focal point for ‘‘Operation where he received his Juris Doctorate sult of her outstanding training, expe- Ivory Soap’’ training. Colonel Thomp- in 1954, graduating Magna Cum Laude. rience, and accomplishments. Her su- son contacted the then owner, Mr. He taught at his alma mater from 1954 perb performance and impeccable cre- Strat White-Spunner, regarding the use through 1956 and served as an Adjunct dentials earned her the respect and ad- of the hotel as his base of operations Professor and Faculty member at the miration of the Senate staff. She dis- where he intended to instill basic sea- University of Michigan and the Thom- tinguished herself rapidly as a profes- manship, marine and aquatic training as M. Cooley Law School. He imple- sional who possessed a pleasant de- in the Army officers and men of the mented the law as an Assistant Wayne meanor, tremendous integrity, decisive

VerDate 11-MAY-2000 05:47 Oct 12, 2000 Jkt 089060 PO 00000 Frm 00086 Fmt 4624 Sfmt 0634 E:\CR\FM\G11OC6.083 pfrm01 PsN: S11PT1 October 11, 2000 CONGRESSIONAL RECORD — SENATE S10249 leadership style, political savvy, and Corps of Engineers’ master operating not fully support efforts to research unending energy. The ultimate Naval manual for the Missouri River. In addi- and develop nonpolluting, domestic officer, Commander Wilson is a vision- tion, it fails to provide funding for the sources of energy through solar and re- ary thinker who has the innate ability California-Bay Delta initiative and in- newable technologies that are vital to to implement these visions. Com- cludes nearly $700 million for over 300 America’s energy security. mander Wilson is the consummate pro- unrequested projects. Finally, the bill provides nearly $700 fessional and nursing has never had a Section 103 would prevent the Army million for over 300 unrequested better ambassador nor patients a more Corps of Engineers from revising the projects, including: nearly 80 devoted advocate. operating manual for the Missouri unrequested projects totaling more Commander Wilson forged strong al- River that is 40 years old and needs to than $330 million for the Department of liances and affiliations with staff from be updated based on the most recent Energy; nearly 240 unrequested a myriad of Congressional offices, com- scientific information. In its current projects totaling over $300 million for mittees, and federal and civilian agen- form, the manual simply does not pro- the Corps of Engineers; and, more than cies that fostered a cohesive approach vide an appropriate balance among the 10 unrequested projects totaling in ex- to legislative proposals. She worked competing interests, both commercial cess of 10 million for the Bureau of closely with staff members on the Ap- and recreational, of the many people Reclamation. For example, more than propriations Subcommittees on De- who seek to use this great American 80 unrequested Corps of Engineers con- fense and Labor, Health and Human river. The bill would also undermine struction projects included in the bill Services and Education in support of implementation of the Endangered would have a long-term cost of nearly military health issues and national Species Act by preventing the Corps of $2.7 billion. These unrequested projects nursing and health care agendas. Engineers from funding reasonable and and earmarks come at the expense of As an advocate of Tri-Service nursing much-needed changes to the operating other initiatives important to tax- and military health issues, Commander manual for the Missouri River. The paying Americans. Wilson championed independent prac- Corps and the U.S. Fish and Wildlife The American people deserve Govern- tice for nurse anesthetists, the con- Service are entering a critical phase in ment spending based upon a balanced tinuation of the Bachelor of Science their Section 7 consultation on the ef- approach that maintains fiscal dis- degree as the minimum level of edu- fects of reservoir project operations. cipline, eliminates the national debt, cation for entry into military nursing This provision could prevent the Corps extends the solvency of Social Security practice, continued funding for a grad- form carrying out a necessary element and Medicare, provides for an appro- uate school of nursing at the Uni- of any reasonable and prudent alter- priately sized tax cut, establishes a formed Services University of the native to avoid jeopardizing the contin- new voluntary Medicare prescription Health Sciences, and the Tri-Service ued existence of the endangered least drug benefit in the context of broader Nursing Research Program. She was in- tern and pallid sturgeon, and the reforms, expands health care coverage strumental in securing appropriations threatened piping plover. to more families, and funds critical in- language for a wide variety of health In addition to the objectionable re- vestments for our future. I urge the care initiatives including telemedicine, striction placed upon the Corps of En- Congress to work expeditiously to de- advanced medical technologies, and gineers, the bill fails to provide fund- velop a bill that addresses the needs of distance learning. ing for the California-Bay Delta initia- the Nation. More than fifty years ago, as I was tive. This decision could significantly WILLIAM J. CLINTON. recovering in a military hospital, I hamper ongoing Federal and State ef- THE WHITE HOUSE, October 7, 2000. began a unique relationship with mili- forts to restore this ecosystem, protect f the drinking water of 22 million Cali- tary nurses. Commander Wilson em- MESSAGES FROM THE HOUSE bodies what I know military nurses to fornians, and enhance water supply and be—strong, dedicated professional lead- reliability for over 7 million acres of ENROLLED BILLS SIGNED At 11:07 a.m., a message from the ers stepping to the forefront to serve highly productive farmland and grow- House of Representatives, delivered by our country and committed to caring ing urban areas across California. The Ms. Niland, one of its reading clerks, for our Sailors, Marines, Airmen, Sol- $60 million budget request, all of which announced that the Speaker has signed diers, and their family members during would be used to support activities the following enrolled bills: peacetime and at war. that can be carried out using existing Commander Wilson is an officer of authorities, is the minimum necessary S. 2311. An act to amend the Public Health to ensure adequate Federal participa- Service Act to revise and extend programs whom the military and our nation can established under the Ryan White Com- and should be justifiably proud: a tion in these initiatives, which are es- sential to reducing existing conflicts prehensive AIDS Resources Emergency Act unique combination of talent and devo- of 1990, and for other purposes. tion to duty. I want to personally ac- among water users in California. This H.R. 1509. An act to authorize the Disabled knowledge my sincere appreciation to funding should be provided without leg- Veterans’ LIFE Memorial Foundation to es- Commander Wilson for her exemplary islative restrictions undermining key tablish a memorial in the District of Colum- months of service, and to bid her a fond environmental statutes or disrupting bia or its environs to honor veterans who be- came disabled while serving in the Armed aloha and heartfelt mahalo.∑ the balanced approach to meeting the needs of water users and the environ- Forces of the United States. f ment that has been carefully developed H.R. 2302. An act to designate the building of the United States Postal Service located REPORT OF THE VETO MESSAGE through almost 6 years of work with at 307 Main Street in Johnson City, New ON (H.R. 4733), ‘‘ENERGY AND the State of California and interested York, as the ‘‘James W. McCabe. Sr. Post Of- WATER DEVELOPMENT APPRO- stakeholders. fice Building.’’ PRIATIONS ACT, 2001’’—MESSAGE The bill also fails to provide suffi- H.R. 2496. An act to reauthorize the Junior FROM THE PRESIDENT—PM 132 cient funding necessary to restore en- Duck Stamp Conservation and Design Pro- dangered salmon in the Pacific North- gram Act of 1994. The PRESIDING OFFICER laid be- west, which would interfere with the H.R. 2641. An act to make technical correc- tions to title X of the Energy Policy Act of fore the Senate the following message Corps of Engineers’ ability to comply from the President of the United 1992. with the Endangered Species Act, and H.R. 2778. An act to amend the Wild and States, together with an accompanying provides no funds to start the new con- report; which was referred to the Com- Scenic Rivers Act to designate segments of struction project requested for the the Taunton River in the Commonwealth of mittee on Appropriations. Florida Everglades. The bill also fails Massachusetts for study for potential addi- To the House of Representatives: to fund the Challenge 21 program for tion to the National Wild and Scenic Rivers I am returning herewith without my environmentally friendly flood damage System, and for other purposes. H.R. 2938. An act to designate the facility approval, H.R. 4733, the ‘‘Energy and reduction projects, the program to of the United States Postal Service located Water Development Appropriations modernize Corps recreation facilities, at 424 South Michigan Street in South Bend, Act, 2001.’’ The bill contains an unac- and construction of an emergency out- Indiana, as the ‘‘John Brademas Post Of- ceptable rider regarding the Army let at Devil’s Lake. In addition, it does fice.’’

VerDate 11-MAY-2000 05:47 Oct 12, 2000 Jkt 089060 PO 00000 Frm 00087 Fmt 4624 Sfmt 0634 E:\CR\FM\G11OC6.103 pfrm01 PsN: S11PT1 S10250 CONGRESSIONAL RECORD — SENATE October 11, 2000 H.R. 3030. An act to designate the facility H.R. 4615. An act to redesignate the facility H.R. 5136. An act to make permanent the of the United States Postal Service located of the United States Postal Service located authority of the Marshal of the Supreme at 757 Warren Road in Ithaca, New York, as at 3030 Meredith Avenue in Omaha, Ne- Court and the Supreme Court Police to pro- the ‘‘Matthew F. McHugh Post Office.’’ braska, as the ‘‘Reverend J.C. Wade Post Of- vide security beyond the Supreme Court H.R. 3201. An act to authorize the Sec- fice.’’ building and grounds. retary of the Interior to study the suit- H.R. 4658. An act to designate the facility H.R. 5164. An act to amend title 49, United ability and feasibility of designating the of the United States Postal Service located States Code, to require reports concerning Carter G. Woodson Home in the District of at 301 Green Street in Fayetteville, North defects in motor vehicles or tires or other Columbia as a National Historic Site, and for Carolina, as the ‘‘J.L. Dawkins Post Office motor vehicle equipment in foreign coun- other purposes. Building.’’ tries, and for other purposes. H.R. 3454. An act to designate the United H.R. 4884. An act to redesignate the facil- H.R. 5229. An act to designate the facility States post office located at 451 College ity of the United States Postal Service lo- of the United States Postal Service located Street in Macon, Georgia, as the ‘‘Henry cated at 200 West 2nd Street in Royal Oak, at 219 South Church Street in Odum, Geor- McNeal Turner Post Office.’’ Michigan, as the ‘‘William S. Broomfield gia, as the ‘‘Ruth Harris Coleman Post Office H.R. 3632. An act to revise the boundaries Post Office Building.’’ Building.’’ of the Golden Gate National Recreation H.R. 4975. An act to designate the post of- H.R. 5314. An act to amend title 10, United Area, and for other purposes. fice and courthouse located at 2 Federal States Code, to facilitate the adoption of re- H.R. 3745. An act to authorize the addition Square, Newark, New Jersey, as the ‘‘Frank tired military working dogs by law enforce- of certain parcels to the Effigy Mounds Na- R. Lautenberg Post Office and Courthouse.’’ ment agencies, former handlers of these tional Monument, Iowa. H.R. 5036. An act to amend the Dayton dogs, and other persons capable of caring for H.R. 3817. An act to dedicate the Big South Aviation Heritage Preservation Act of 1992 these dogs. Trail in the Comanche Peak Wilderness Area to clarify the areas included in the Dayton of Roosevelt National Forest in Colorado to Aviation Heritage National Historical Park The message further announced that the legacy of Jaryd Atadero. and to authorize appropriations for that the House has agreed to the following H.R. 3909. An act to designate the facility park. concurrent resolutions, in which it re- of the United States Postal Service located quests the concurrence of the Senate: at 4601 South Cottage Grove Avenue in Chi- At 2:15 p.m., a message from the H. Con. Res. 328. Concurrent resolution ex- cago, Illinois, as the ‘‘Henry W. McGee Post House of Representatives, delivered by pressing the sense of the Congress in recogni- Office Building.’’ one of its clerks, announced that the tion of the 10th anniversary of the free and H.R. 3985. An act to redesignate the facil- House has agreed to the report of the ity of the United States Postal Service lo- fair elections in Burma and the urgent need cated at 14900 Southwest 30th Street in committee of conference on the dis- to improve the democratic and human rights Miramar City, Florida, as the ‘‘Vicki agreeing votes of the two Houses on of the people of Burma. H. Con. Res. 376. Concurrent resolution ex- Coceano Post Office Building.’’ the amendment of the Senate to the H.R. 4157. An act to designate the facility bill (H.R. 4205) to authorize appropria- pressing the sense of the Congress regarding support for the recognition of a Liberty Day. of the United States Postal Service located tions for fiscal year 2001 for military at 600 Lincoln Avenue in Pasadena, Cali- H. Con. Res. 404. Concurrent resolution activities of the Department of De- calling for the immediate release of Mr. Ed- fornia, as the ‘‘Matthew ‘Mack’ Robinson fense, for military construction, and Post Office Building.’’ mund Pope from prison in the Russian Fed- H.R. 4169. An act to designate the facility for defense activities of the Depart- eration for humanitarian reasons, and for of the United States Postal Service located ment of Energy, to prescribe personnel other purposes. at 2000 Vassar Street in Reno, Nevada, as the strengths for such fiscal year for the H. Con. Res. 408. Concurrent resolution ex- ‘‘Barbara F. Vucanovich Post Office Build- Armed Forces, and for other purposes. pressing appreciation for the United States ing.’’ The message also announced that the service members who were aboard the Brit- H.R. 4286. An act to provide for the estab- ish transport HMT Rohna when it sank, the House has passed the following bills, in families of these service members, and the lishment of the Cahaba River National Wild- which it requests the concurrence of life Refuge in Bibb County, Alabama. rescuers of the HMT Rohna’s passengers and H.R. 4435. An act to clarify certain bound- the Senate: crew. aries on the map relating to Unit NC–01 of H.R. 762. An act to amend the Public The message also announced that the the Coastal Barrier Resources System. Health Service Act to provide for research House has agreed to the amendment of H.R. 4447. An act to designate the facility and services with respect to lupus. the Senate to the bill (H.R. 150) to H.R. 1042. An act to amend the Controlled of the United States Postal Service located amend the Act popularly known as the at 919 West 34th Street in Baltimore, Mary- Substances Act to provide civil liability for land, as the ‘‘Samuel H. Lacy, Sr. Post Office illegal manufacturers and distributors of Recreation and Public Purposes Act to Building.’’ controlled substances for the harm caused by authorize disposal of certain public H.R. 4448. An act to designate the facility the use of those controlled substances. lands or national forest lands to local of the United States Postal Service located H.R. 3621. An act to provide for the post- education agencies for use for elemen- at 3500 Dolfield Avenue in Baltimore, Mary- humous promotion of William Clark of the tary or secondary schools, including land, as the ‘‘Judge Robert Bernard Watts, Commonwealth of Virginia and the Common- public charter schools, and for other wealth of Kentucky, co-leader of the Lewis Sr. Post Office Building.’’ purposes, with an amendment. H.R. 4449. An act to designate the facility and Clark Expedition, to the grade of captain of the United States Postal Service located in the Regular Army. The message further announced that at 1908 North Ellamont Street in Baltimore, H.R. 3756. An act to establish a standard the House has agreed to the amend- Maryland, as the ‘‘Dr. Flossie McClain time zone for Guam and the Commonwealth ments of the Senate to the bill (H.R. Dedmond Post Office Building.’’ of the Northern Mariana Islands, and for 208) to amend title 5, United States H.R. 4475. An act making appropriations other purposes. Code, to allow for the contribution of for the Department of Transportation and H.R. 4441. An act to amend title 49, United certain rollover distributions to ac- States Code, to provide a mandatory fuel related agencies for the fiscal year ending counts in the Thrift Savings Plan, to September 30, 2001, and for other purposes. surcharge for transportation provided by cer- H.R. 4484. An act to designate the facility tain motor carriers, and for other purposes. eliminate certain waiting-period re- of the United States Postal Service located H.R. 4788. An act to amend the United quirements for participating in the at 500 North Washington Street in Rockville, States Grain Standards Act to extend the Thrift Savings Plan, and for other pur- Maryland, as the ‘‘Everett Alvarez, Jr. Post authority of the Secretary of Agriculture to poses. Office Building.’’ collect fees to cover the cost of services per- The message also announced that the H.R. 4517. An act to designate the facility formed under the Act, to extend the author- House has agreed to the amendment of ization of appropriations for the Act, and to of the United States Postal Service located the Senate to the amendment of the at 24 Tsienneto Road in Derry, New Hamp- improve the administration of the Act, to re- shire, as the ‘‘Alan B. Shepard, Jr. Post Of- enact the United States Warehouse Act to House to the amendment of the Senate fice Building.’’ require the licensing and inspection of ware- to the bill (H.R. 707) to amend the Rob- H.R. 4534. An act to redesignate the facil- houses used to store agricultural products ert T. Stafford Disaster Relief and ity of the United States Postal Service lo- and provide for the issuance of receipts, in- Emergency Assistance Act to authorize cated at 114 Ridge Street in Lenoir, North cluding electronic receipts, for agricultural a program for predisaster mitigation, Carolina, as the ‘‘James T. Broyhill Post Of- products or handled in licensed warehouses, to streamline the administration of fice Building.’’ and for other purposes. disaster relief, to control the Federal H.R. 4554. An act to redesignate the facil- H.R. 4831. An act to redesignate the facil- ity of the United States Postal Service lo- ity of the United States Postal Service lo- costs of disaster assistance, and for cated at 1602 Frankford Avenue in Philadel- cated at 2339 North California Street in Chi- other purposes. phia, Pennsylvania, as the ‘‘Joseph F. Smith cago, Illinois, as the ‘‘Roberto Clemente Post The message further announced that Post Office Building.’’ Office.’’ the House has passed the bill (S. 2812)

VerDate 11-MAY-2000 05:47 Oct 12, 2000 Jkt 089060 PO 00000 Frm 00088 Fmt 4624 Sfmt 0634 E:\CR\FM\A11OC6.077 pfrm01 PsN: S11PT1 October 11, 2000 CONGRESSIONAL RECORD — SENATE S10251 to amend the Immigration and Nation- sions and personnel overseas, to au- EC–11084. A communication from the Dep- ality Act to provide a waiver of the thorize appropriations for the Depart- uty Associate Administrator of the Environ- oath of renunciation and allegiance for ment of State for fiscal year 2000, and mental Protection Agency, transmitting, naturalization of aliens having certain for other purposes, and agree to the pursuant to law, the report of a rule entitled ‘‘Flucarbazone-sodium; Time-Limited Pes- disabilities, with an amendment. conference asked by the Senate on the ticide Tolerances’’ (FRL #6745–9) received on The message also announced that the disagreeing votes of the two Houses September 28, 2000; to the Committee on Ag- House has agreed to the amendment of thereon. riculture, Nutrition, and Forestry. the Senate to the bill (H.R. 2389) to re- That Mr. HYDE, Mr. GEKAS, Mr. EC–11085. A communication from the Dep- store stability and predictability to the ARMEY, Mr. CONYERS, and Mr. NADLER, uty Associate Administrator of the Environ- annual payments made to States and be the managers of the conference on mental Protection Agency, transmitting, counties containing National Forest the part of the House. pursuant to law, the report of a rule entitled System lands and public domain lands ‘‘Indoxacarb; Pesticide Tolerance’’ (FRL f #6747–8) received on September 28, 2000; to managed by the Bureau of Land Man- ENROLLED BILL PRESENTED the Committee on Agriculture, Nutrition, agement for use by the counties for the and Forestry. benefit of public schools, roads, and The Secretary of the Senate reported EC–11086. A communication from the Dep- other purposes. that on today, October 11, 2000, he had uty Associate Administrator of the Environ- The message further announced that presented to the President of the mental Protection Agency, transmitting, the House has agreed to the amend- United States the following enrolled pursuant to law, the report of a rule entitled ment of the Senate to the bill (H.R. bill: ‘‘Propamacarb hydrochloride; Pesticide Tol- erance’’ (FRL #6745–8) received on September S. 2311. An act to amend the Public Health 2879) to provide for the placement at 28, 2000; to the Committee on Agriculture, Service Act to revise and extend programs the Lincoln Memorial of a plaque com- Nutrition, and Forestry. established under the Ryan White Com- memorating the speech of Martin Lu- EC–11087. A communication from the Dep- prehensive AIDS Resources Emergency Act ther King, Jr., known as the ‘‘I have A uty Associate Administrator of the Environ- of 1990, and for other purposes. Dream’’ speech. mental Protection Agency, transmitting, The message also announced that the f pursuant to law, the report of a rule entitled House has agreed to the amendments of EXECUTIVE AND OTHER ‘‘Triallate, (S–2, 3, 3-trichloroally the Senate to the bill (H.R. 3767) to COMMUNICATIONS diisopropylthiocarbamate); Pesticide Toler- ance’’ (FRL #6744–8) received on September amend the Immigration and Nation- The following communications were 28, 2000; to the Committee on Agriculture, ality Act to make improvements to, laid before the Senate, together with Nutrition, and Forestry. and permanently authorize, the visa accompanying papers, reports, and doc- EC–11088. A communication from the waiver pilot program under section 217 uments, which were referred as indi- Chair, Farm Credit System Insurance Cor- poration, transmitting, pursuant to law, a of such Act. cated: The message further announced that report relative to the updated strategic plan EC–11078. A communication from the Dep- for fiscal years 2000 through 2005; to the Com- the House has agreed to the resolution uty Associate Administrator, Environmental (H. Res. 618) expressing the condolences mittee on Agriculture, Nutrition, and For- Protection Agency, transmitting, pursuant estry. of the House of Representatives on the to law, the report of a rule entitled ‘‘Acquisi- EC–11089. A communication from the Act- death of the Honorable Bruce F. Vento, tion Regulation; Administrative Amend- ing Executive Director, Profile Documents a Representative from the State of ments’’ (FRL #6878–9) received on September for Commodity Pools, transmitting, pursu- Minnesota. 28, 2000; to the Committee on Environment ant to law, the report of a rule entitled ‘‘Pro- and Public Works. file Documents for Commodity Pools’’ At 4:18 p.m., a message from the EC–11079. A communication from the Dep- (RIN3038–AB60) received on October 10, 2000; House of Representatives, delivered by uty Associate Administrator, Environmental to the Committee on Agriculture, Nutrition, Protection Agency, transmitting, pursuant and Forestry. Ms. Niland, one of its reading clerks, to law, the report of a rule entitled ‘‘Consoli- announced that the House having pro- EC–11090. A communication from the Sec- dated Federal Air Rule (CAR): Synthetic Or- retary of Transportation, transmitting, a ceeded to reconsider the bill (H.R. 4733) ganic Chemical Manufacturing Industry’’ draft of proposed legislation entitled ‘‘Motor making appropriations for energy and (FRL #6576–9) received on September 28, 2000; Vehicle Safety’’ and ‘‘Odometers’’; to the water development for fiscal year end- to the Committee on Environment and Pub- Committee on Commerce, Science, and ing September 30, 2001, and for other lic Works. Transportation. purposes, returned by the President of EC–11080. A communication from the Dep- EC–11091. A communication from the Di- the United States with his objections, uty Associate Administrator, Environmental rector of the Office of Sustainable Fisheries, Protection Agency, transmitting, pursuant to the House of Representatives, in National Marine Fisheries Service, Depart- to law, the report of a rule entitled ‘‘Grant ment of Commerce, transmitting, pursuant which it originated resolved that the Conditions for Indian Tribes and Insular to law, the report of a rule entitled ‘‘Fish- said bill pass, two-thirds of the House Area Recipients’’ received on September 28, eries of the Exclusive Economic Zone Off of Representatives agreeing to pass the 2000; to the Committee on Environment and Alaska; Shortraker and Rougheye Rockfish same. Public Works. in the Eastern Regulatory Area of the Gulf Under the authority of the order of EC–11081. A communication from the Chief of Alaska’’ received on October 10, 2000; to the Senate of January 6, 1999, the Sec- Operating Officer, Chemical Safety and Haz- the Committee on Commerce, Science, and retary of the Senate, on October 11, ard Investigation Board, transmitting, pur- Transportation. suant to law, a report relative to the stra- 2000, during the recess of the Senate, EC–11092. A communication from the Dep- tegic plan for fiscal year 2001 through 2005; to uty Assistant Administrator for Fisheries, received a message from the House of the Committee on Environment and Public Department of Commerce, transmitting, pur- Representatives announcing that the Works. suant to law, the report of a rule entitled House insists on its amendment to the EC–11082. A communication from the Di- ‘‘Fisheries off West Coast States and in the amendment of the Senate to the bill rector of the Office of Congressional Affairs, Western Pacific; 2000 Quota and Associated (H.R. 2614) to amend the Small Busi- Nuclear Material Safety and Safeguards, Nu- Management Measures for Yellowfin Tuna in ness Investment Act to make improve- clear Regulatory Commission, transmitting, the Eastern Pacific Ocean’’ (RIN0648–AN73) ments to the certified development pursuant to law, the report of a rule entitled received on October 10, 2000; to the Com- ‘‘List of Approved Spent Fuel Storage Casks: company program, and for other pur- mittee on Commerce, Science, and Transpor- HI–STAR 100 Revision’’ (RIN3150–AG61) re- tation. poses, disagreed to by the Senate, and ceived on October 6, 2000; to the Committee EC–11093. A communication from the Di- agree to the conference asked by the on Environment and Public Works. rector of the National Science Foundation, Senate on the disagreeing votes of the EC–11083. A communication from the Dep- transmitting, pursuant to law, a report rel- two Houses thereon. uty Associate Administrator of the Environ- ative to the strategic plan for fiscal years mental Protection Agency, transmitting, 2001 through 2006; to the Committee on Com- That Mr.´ TALENT, Mr. ARMEY, and Ms. VELAZQUEZ, be the managers of the pursuant to law, the report of a rule entitled merce, Science, and Transportation. conference on the part of the House. ‘‘Dimethomorph, (E,Z) -[3-(4-Chlorophenyl) EC–11094. A communication from the -3-(3 ,4-dimethoxyphenyl) -1-oxo-2-propenyl] Chairman of the Federal Communications The message also announced that the morpholine; Pesticide Tolerance’’ (FRL Commission, transmitting, pursuant to law, House disagrees to the amendment of #6747–9) received on September 28, 2000; to the report entitled ‘‘A New FCC for the 21st the Senate to the bill (H.R. 2415) to en- the Committee on Agriculture, Nutrition, Century’’; to the Committee on Commerce, hance security of United States mis- and Forestry. Science, and Transportation.

VerDate 11-MAY-2000 05:47 Oct 12, 2000 Jkt 089060 PO 00000 Frm 00089 Fmt 4624 Sfmt 0634 E:\CR\FM\A11OC6.080 pfrm01 PsN: S11PT1 S10252 CONGRESSIONAL RECORD — SENATE October 11, 2000 EC–11095. A communication from the Asso- EC–11107. A communication from the Di- gate upper payment limits to non-State pub- ciate Administrator for Equal Opportunity rector of the National Gallery of Art, trans- licly owned or operated facilities under the Programs, National Aeronautics and Space mitting, pursuant to law, the report relative medicaid program; read the first time. Administration, transmitting, pursuant to to the annual management and commercial By Mr. KYL (for himself and Mrs. FEIN- law, the report of a rule entitled ‘‘Non- activities inventory; to the Committee on STEIN): discrimination on the Basis of Sex in Edu- Governmental Affairs. S. 3188. A bill to facilitate the protection of cation Programs or Activities Receiving EC–11108. A communication from the Exec- the critical infrastructure of the United Federal Financial Assistance’’ (RIN1190– utive Director of the Federal Reserve Em- States, to enhance the investigation and AA28) received on October 10, 2000; to the ployee Benefits System, transmitting, pursu- prosecution of computer-related crimes, and Committee on Commerce, Science, and ant to law, a report relative to the retire- for other purposes; to the Committee on the Transportation. ment plan for employees of the Federal Re- Judiciary. EC–11096. A communication from the serve System prepared as of December 31, By Ms. SNOWE (for herself, Mr. BAYH, Chairman of the Federal Trade Commission, 1999; to the Committee on Governmental Af- Mr. KOHL, Mr. L. CHAFEE, Mr. MOY- transmitting, pursuant to law, a report rel- fairs. NIHAN, and Mr. BREAUX): ative to the strategic plan for fiscal years EC–11109. A communication from the Ad- S. 3189. A bill to provide more child sup- 2000 through 2005; to the Committee on Com- ministrator of the General Services Adminis- port money to families leaving welfare, to merce, Science, and Transportation. tration, transmitting, pursuant to law, a re- simplify the rules governing the assignment EC–11097. A communication from the As- port relative to the strategic plan; to the and distribution of child support collected by sistant Secretary for Communications and Committee on Governmental Affairs. States on behalf of children, to improve the Information, Department of Commerce, f collection of child support, to promote mar- transmitting, pursuant to law, a notice of riage, and for other purposes; to the Com- the Technology Opportunities Program REPORTS OF COMMITTEES mittee on Finance. grants for fiscal year 2000; to the Committee The following reports of committees on Commerce, Science, and Transportation. f EC–11098. A communication from the As- were submitted: sistant Secretary for Communications and By Mr. JEFFORDS, from the Committee SUBMISSION OF CONCURRENT AND Information, Department of Commerce, on Health, Education, Labor, and Pensions, SENATE RESOLUTIONS transmitting, pursuant to law, a notice of with an amendment in the nature of a sub- the Public Telecommunications Facilities stitute: The following concurrent resolutions Program grants for fiscal year 2000; to the S. 1495: A bill to establish, wherever fea- and Senate resolutions were read, and Committee on Commerce, Science, and sible, guidelines, recommendations, and reg- referred (or acted upon), as indicated: Transportation. ulations that promote the regulatory accept- By Mr. ROTH: EC–11099. A communication from the Sec- ance of new and revised toxicological tests S. Con. Res. 147. A concurrent resolution to retary of the Treasury, transmitting, pursu- that protect human and animal health and make a technical correction in the enroll- ant to law, the report relative to the audit of the environment while reducing, refining, or ment of the bill H.R. 4868; to the Committee the Telecommunications Development Fund; replacing animal tests and ensuring human on Finance. safety and product effectiveness (Rept. No. to the Committee on Commerce, Science, By Mr. MCCONNELL (for himself, Mr. 106–496). and Transportation. DODD, and Mr. LOTT): By Mr. CAMPBELL, from the Committee EC–11100. A communication from the Di- S. Con. Res. 148. A concurrent resolution to on Indian Affairs, with an amendment in the rector of the Office of Management and provide for the disposition and archiving of nature of a substitute: Budget, Executive Office of the President, the records, files, documents, and other ma- S. 2580: A bill to provide for the issuance of transmitting, pursuant to law, the report en- terials of joint congressional committees on bonds to provide funding for the construc- titled ‘‘Agency Compliance with the Un- inaugural ceremonies; considered and agreed tion of schools of the Bureau of Indian Af- funded Mandates Reform Act of 1995’’; to the to. fairs of the Department of the Interior, and Committee on Governmental Affairs. By Mr. MACK: for other purposes (Rept. No. 106–497). EC–11101. A communication from the Di- S. Con. Res. 149. A concurrent resolution to S. 2920: A bill to amend the Indian Gaming rector of the Office of Personnel Manage- correct the enrollment of H.R. 3244; consid- Regulatory Act, and for other purposes ment, transmitting, pursuant to law, the re- ered and agreed to. port of a rule entitled ‘‘Cost-of-Living Allow- (Rept. No. 106–498). ances (Nonforeign Areas); Hawaii County, f Kauai County, Maui County, Guam (Com- INTRODUCTION OF BILLS AND STATEMENTS ON INTRODUCED missary/Exchange), Puerto Rico, and the BILLS AND JOINT RESOLUTIONS U.S. Virgin Islands’’ (RIN3206–AJ26) received JOINT RESOLUTIONS on October 10, 2000; to the Committee on The following bills and joint resolu- Ms. LANDRIEU: Governmental Affairs. tions were introduced, read the first S. 3183. A bill to require the Sec- EC–11102. A communication from the Di- retary of the Treasury to mint coins in rector of the Office of Personnel Manage- and second times by unanimous con- sent, and referred as indicated: commemoration of the contributions of ment, transmitting, a draft of proposed legis- Dr. Martin Luther King, Jr., to the By Ms. LANDRIEU: lation entitled ‘‘Federal Employees; Over- United States; to the Committee on time Pay Limitation Amendments Act of S. 3183. A bill to require the Secretary of 2000’’; to the Committee on Governmental the Treasury to mint coins in commemora- Banking, Housing, and Urban Affairs. Affairs. tion of the contributions of Dr. Martin Lu- MARTIN LUTHER KING, JR. COMMEMORATIVE EC–11103. A communication from the Di- ther King, Jr., to the United States; to the COIN ACT OF 2000 rector of the Office of Personnel Manage- Committee on Banking, Housing, and Urban Ms. LANDRIEU. Mr. President, today ment, transmitting, pursuant to law, a re- Affairs. I introduce a bill which is long overdue port entitled ‘‘Federal Human Resources By Mr. DURBIN: but now appropriate as our Nation pre- Management for the 21st Century’’; to the S. 3184. A bill to amend the Federal Food, Committee on Governmental Affairs. Drug, and Cosmetic Act to require pre- pares to face the challenges of a new EC–11104. A communication from the Di- market consultation and approval with re- century. rector of the Office of Personnel Manage- spect to genetically engineered foods, and for During the 1960s, a young and gifted ment, transmitting, pursuant to law, a re- other purposes; to the Committee on Agri- preacher from Georgia gave a voice to port relative to the commercial activities in- culture, Nutrition, and Forestry. the voiceless by bringing the struggle ventory; to the Committee on Governmental By Mr. HARKIN: for freedom and civil rights into the Affairs. S. 3185. A bill to end taxpayer support of living rooms of all Americans. Dr. Mar- EC–11105. A communication from the Chief Federal Government contractors against Operating Officer, Chemical Safety and Haz- whom repeated civil judgments or criminal tin Luther King, Jr. raised his voice ard Investigation Board, transmitting, pur- convictions for certain offenses have been rather than his fists as he helped lead suant to law, a report relative to the annual entered; to the Committee on Governmental our Nation into a new era of tolerance inventory of agency activities; to the Com- Affairs. and understanding. He ultimately gave mittee on Governmental Affairs. By Mr. GRASSLEY (for himself, Mr. his life for this cause, but in the proc- EC–11106. A communication from the Dis- TORRICELLI, Mr. HATCH, and Mr. ess brought America closer to his trict of Columbia Auditor, transmitting, pur- BIDEN): dream of a nation without racial divi- suant to law, the report entitled ‘‘Certifi- S. 3186. A bill to amend title 11, United sions. cation of the Fiscal Year 2000 Revised Rev- States Code, and for other purposes; to the enue Estimate of $3,225,180,000 in Support of Committee on the Judiciary. It has been said that, ‘‘Those who do the District’s $189 Million Multimodal Gen- By Mr. ROTH: not understand history are condemned eral Obligation Bonds’’; to the Committee on S. 3187. A bill to require the Secretary of to repeat it.’’ America’s history in- Governmental Affairs. Health and Human Services to apply aggre- cludes dark chapters—chapters in

VerDate 11-MAY-2000 05:47 Oct 12, 2000 Jkt 089060 PO 00000 Frm 00090 Fmt 4624 Sfmt 0634 E:\CR\FM\A11OC6.082 pfrm01 PsN: S11PT1 October 11, 2000 CONGRESSIONAL RECORD — SENATE S10253 which slavery was accepted and dis- great American pass time, and the way would strengthen consumer confidence crimination against African-Ameri- he lived his life. in the safety of genetically engineered cans, women and other minorities was Booker T. Washington, who founded foods, and in the ability of the federal commonplace. It is in acknowledgment Tuskegee Institute in Alabama and government to exercise effective over- of that history, and in honor of Dr. served as a role model for millions of sight of this important technology. King’s bright beacon of hope which has African-Americans who thought a for- This bill requires an FDA pre-market lead us to a more enlightened era of mal education would forever be outside review of all genetically engineered civil justice, that I introduce the Mar- of their grasp. foods, and grants FDA important au- tin Luther King Commemorative Coin George Washington Carver, whose thorities to conduct oversight. In addi- Act of 2000. scientific experiments began as a way tion, the Genetically Engineered Foods This bill would instruct the Sec- to improve the lot in life of share- Act creates a transparent process that retary of the Treasury to mint coins in croppers, but ended up revolutionizing will better inform and involve the pub- commemoration of Dr. King’s contribu- agriculture throughout the South. lic as decisions are made regarding the And the Black Revolutionary War tions to the United States. Revenues safety of genetically engineered foods. from the surcharge of the coin would Patriots, a commemorative half-dollar In the past five years, genetically en- be used by the Library of Congress to which recognized the 275th anniversary purchase and maintain historical docu- of the birth of Crispus Attucks, who gineered foods have become a major ments and other materials associated was the first revolutionary killed in part of the American food supply. with the life and legacy of Dr. Martin the Boston Massacre. Many foods on the grocery store Luther King, Jr. The Martin Luther King, Jr. Com- shelves now contain genetically engi- As we start the 21st Century, I can- memorative Coin will give us the op- neered ingredients such as corn, soy, not think of better way to honor the portunity to recognize the valuable and potatoes. These foods have been civil and human rights legacy of Dr. contributions of all Americans who enhanced with important qualities that Martin Luther King, Jr. stood and were counted during our Na- help farmers grow crops more effi- Today, Dr. King’s message goes be- tion’s civil rights struggle. ciently. But they have also raised sig- yond any one group, embracing all who Americans like the late Reverend nificant concerns as to the safety of have been denied civil or human rights Avery C. Alexander, who was a patri- these new foods, and the adequacy of because of their race, religion, gender, arch of the New Orleans’ civil rights government oversight. These concerns sexual orientation or creed. This Con- movement. He championed anti-dis- were heightened by the recent recall of gress, as well as previous Congresses, crimination, voter registration, labor taco shells that contained a variety of has taken important steps to put these rights, and environmental regulations genetically engineered corn that was beliefs into civil code. as a six-term state legislator and as an not approved for human use. However, upholding Dr. King’s dream adviser to Governor Morrison of Lou- isiana in the 1950s. Up until now, genetically engineered is a continuing struggle. Just last foods have been screened by the federal month, the House of Representatives Heroes like Dr. C.O. Simpkins from Shreveport, LA, whose home was Food and Drug Administration under a passed hate crimes legislation making voluntary program. The Genetically crimes based on race, religion, gender, bombed simply because he dared to stand by Dr. King and demand that the Engineered Foods Act will make this and sexual orientation federal offenses. pre-market review program manda- Champions of hate crimes legislation buses in Shreveport be integrated, and Reverend T. J. Jemison of Baton tory, and strengthen government over- in the Senate and our colleagues in the sight in several important ways. House of Representatives gave powerful Rouge, a front-line soldier and good examples of the hatred that exists in friend of Dr. King who helped coordi- Mandatory Review: Companies devel- our nation even today. As a society, we nate one of the earliest boycotts of the oping genetically engineered foods will must always remember Dr. King’s mes- civil rights movement. receive approval from FDA before new Louisiana also was fortunate enough foods could be marketed. FDA will sci- sage, ‘‘that one day this nation will to have elected leaders such as my fa- rise up and live out the true meaning entifically ensure that genetically en- ther Moon Landrieu and Dutch Morial, gineered foods are just as safe as con- of its creed: ‘We hold these truths to be both former mayors of New Orleans self-evident; that all men are created ventional foods before allowing them during those turbulent times. They led on the market. equal.’ ’’ the way when the personal and polit- Dr. King’s majestic and inspiring ical stakes were very high. Clear-cut Authority: FDA will be voice as he made this speech will re- These are just a few of the great civil given authority to review all geneti- main in our collective memory forever. rights leaders from my State. However, cally engineered foods, whether pro- His writings and papers compliment throughout Louisiana and all across duced domestically or imported, in- the visual history of his legacy. Keep- America thousands of citizens—black cluding authority over genetically en- ing Dr. King’s papers available for pub- and white, young and old, rich and gineered food supplements (such as gin- lic access will serve to remind us of poor—listened to Dr. King, followed his seng extract, for example). Genetically what our country once was, and how a voice and dreamed his dreams. It is in engineered foods not approved for mar- solitary voice changed the path of a na- memory of all of our struggles that I ket will be considered ‘‘adulterated’’ tion. It also would be a constant re- introduce this bill. and subject to FDA recall. minder of the vigilance needed to en- The great Dutch philosopher Baruch Public Involvement: Scientific stud- sure we never return to such a time. Spinoza said, ‘‘If you want the present This legislation has been developed ies and other materials submitted to to be different from the past, study the FDA in their review of genetically en- in consultation with the King family, past.’’ This legislation not only ensures the Library of Congress, the Citizens gineered foods will be available for we are able to preserve and study our public review and comment. Members Commemorative Coin Advisory Com- past, but also honors Dr. King, who mittee, and the U.S. Mint. Similar leg- of the public can submit any new infor- played such an integral role in shaping mation on genetically engineered foods islation has been introduced in the both our present and our future. House of Representatives by the Chair- not previously considered by FDA and request a new review of a genetically man of the House Banking and Finan- Mr. DURBIN: cial Services Committee, Congressman S. 3184. A bill to amend the Federal engineered food, even after the food is on the market. JIM LEACH of Iowa. Food, Drug, and Cosmetic Act to re- Although African-Americans have quire premarket consultation and ap- Testing: FDA, in conjunction with played a vital role in our Nation’s his- proval with respect to genetically engi- other federal agencies, will be given tory, African-Americans were included neered foods, and for other purposes; to the authority to conduct scientifically- on only four out of 157 commemorative the Committee on Agriculture, Nutri- sound food testing to determine wheth- coins: tion, and Forestry. er genetically engineered foods are in- Jackie Robinson, who broke base- GENETICALLY ENGINEERED FOODS ACT OF 2000 appropriately entering the food supply ball’s color barrier and brought about a Mr. DURBIN. Mr. President, today I (for instance, whether a food cleared cultural revolution with the courage am introducing the Genetically Engi- for use only as an animal feed is show- and dignity in which he played the neered Foods Act. This legislation ing up in food for humans).

VerDate 11-MAY-2000 05:47 Oct 12, 2000 Jkt 089060 PO 00000 Frm 00091 Fmt 4624 Sfmt 0634 E:\CR\FM\G11OC6.001 pfrm01 PsN: S11PT1 S10254 CONGRESSIONAL RECORD — SENATE October 11, 2000 Communication: FDA and other fed- ‘‘(1) GENETIC ENGINEERING.—The term ‘ge- ‘‘(ii) a copy of the research, test results, eral agencies will establish a registry netic engineering’ means the application of a and other materials. of genetically engineered foods for recombinant DNA technique or a related ‘‘(B) DISSEMINATION.—On receipt of a re- easy, one-stop access to information on technology to modify genetic material with quest for the initiation of a consultation and a degree of specificity or precision that is approval process, or on receipt of such sum- which foods have been cleared for mar- not usually available with a conventional mary, research, results, or other materials ket, and what restrictions are in place breeding technique or another form of ge- for a food, the Secretary shall provide public on their use. Federal agencies will re- netic modification. notice regarding the initiation of the proc- port regularly to Congress on the sta- ‘‘(2) GENETICALLY ENGINEERED FOOD.—The ess, including making the notice available tus of genetically engineered foods in term ‘genetically engineered food’ means a on the Internet. The Secretary shall make use. The genetically engineered food food or dietary supplement that— the summaries, research, results, and other review process will be fully transparent ‘‘(A)(i) is produced in a State; or materials relating to the food publicly avail- so that the public has access to all non- ‘‘(ii) is offered for import into the United able, including, to the extent practicable, States; and available on the Internet, prior to making confidential information. any determination under paragraph (4). Research: An existing genetically en- ‘‘(B) is created by genetic engineering. ‘‘(3) PRODUCER.—The term ‘producer’, used ‘‘(C) PROTECTION OF TRADE SECRETS.—The gineered foods research program will with respect to a genetically engineered food regulations shall ensure that laws in effect be expanded to focus research on pos- means a person, company, or other entity on the date of enactment of the Genetically sible risks from genetically engineered that develops, manufactures, imports, or Engineered Foods Act that protect trade se- foods, with a specific emphasis on po- takes other action to introduce into inter- crets apply with respect to the information tential allergens. Research is also di- state commerce, a genetically engineered submitted to the Secretary under subpara- rected at understanding impacts, to food. graph (A). Such regulations may provide for ‘‘(4) SAFE.—The term ‘safe’, used with re- the submission of sanitized information in farmers and to the overall economy, of appropriate cases, and the dissemination of the growing use of genetically engi- spect to a genetically engineered food, means that the food is considered to be as such sanitized information. neered foods. ‘‘(4) DETERMINATIONS.—The regulations Mr. President, I urge my colleagues safe as the appropriate comparable food that is not created by genetic engineering. shall require that, as part of the consulta- to join me in cosponsoring this impor- tion and approval process for a genetically tant legislation. The American people ‘‘(b) REGULATIONS FOR GENETICALLY ENGI- engineered food, the Secretary shall— NEERED FOODS.— should be assured that the food they ‘‘(A) determine whether the producer of ‘‘(1) PREMARKET CONSULTATION AND AP- the food has submitted, during the consulta- feed their families is the safest in the PROVAL.— world. The Genetically Engineered tion, materials and information that are ade- ‘‘(A) IN GENERAL.—The Secretary shall quate to enable the Secretary to fully assess Foods Act can help provide that assur- issue regulations that require a producer of a the safety of the food, and make a descrip- ance. I ask unanimous consent that a genetically engineered food, in order to ob- tion of the determination publicly available; copy of the legislation be printed in the tain the approval described in subparagraph and RECORD. (B), to use a premarket consultation and ap- ‘‘(B) if the Secretary determines that the There being no objection, the bill was proval process described in subparagraph (C). producer has submitted adequate materials ‘‘(B) APPROVAL.—The regulations shall re- ordered to be printed in the RECORD, as and information, conduct a review of the ma- quire the producer to use the process in follows: terials and information, and, in conducting order to obtain approval to introduce the the review— S. 3184 food into interstate commerce, except in ‘‘(i) prepare a response that— Be it enacted by the Senate and House of Rep- cases where the producer has previously suc- ‘‘(I) summarizes the materials and infor- resentatives of the United States of America in cessfully completed the process described in mation; Congress assembled, subparagraph (C) or the voluntary premarket ‘‘(II) explains the determination; and SECTION 1. SHORT TITLE. consultation process described in paragraph ‘‘(III) contains a finding by the Secretary This Act may be cited as the ‘‘Genetically (2). that the genetically engineered food— Engineered Foods Act’’. ‘‘(C) PROCESS.—The regulations shall re- ‘‘(aa) is considered to be safe and may be SEC. 2. FINDINGS. quire the producer to use a premarket con- introduced into interstate commerce; Congress finds that— sultation and approval process that— ‘‘(bb) is considered to be conditionally safe (1) genetically engineered food is rapidly ‘‘(i) includes the procedures of the vol- and may be so introduced if certain stated becoming an integral part of the United untary premarket consultation process de- conditions are met; or States and international food supplies; scribed in paragraph (2); and ‘‘(cc) is not considered to be safe and may (2) the potential positive effects of geneti- ‘‘(ii) meets the requirements of this sub- not be so introduced; cally engineered foods are enormous; section. ‘‘(ii) make the response publicly available; (3) the potential for negative effects, both ‘‘(2) VOLUNTARY PREMARKET CONSULTATION and anticipated and unexpected, exists with ge- PROCESS.—The process referred to in para- ‘‘(iii) provide an opportunity for the sub- netic engineering of foods; graph (1)(C)(i) is the voluntary premarket mission of additional views or data by inter- (4) evidence suggests that unapproved ge- consultation process described in— ested persons on the response. netically engineered foods are entering the ‘‘(A) the guidance document entitled ‘Guid- ‘‘(5) REVIEW FOR CAUSE.— food supply; ance on Consultation Procedures: Foods De- ‘‘(A) REQUEST FOR ADDITIONAL REVIEW.— (5) it is essential to maintain public con- rived From New Plant Varieties’, issued in The regulations shall provide that any per- fidence in the safety of the food supplies and October 1997, by the Office of Premarket Ap- son may request that the Secretary conduct in the ability of the Federal government to proval of the Center for Food Safety and Ap- an additional review, of the type described in exercise adequate oversight of genetically plied Nutrition, and the Office of Surveil- paragraph (4)(B), for a food on the basis of engineered foods; lance and Compliance of the Center for Vet- materials and information that were not (6) public confidence can best be main- erinary Medicine, of the Food and Drug Ad- available during an earlier review described tained through careful review of new geneti- ministration (or any corresponding similar in paragraph (4)(B) or that were not consid- cally engineered foods, and monitoring of the guidance document); ered during the review. positive and negative effects of genetically ‘‘(B) the statement of policy entitled ‘‘(B) FINDING FOR ADDITIONAL REVIEW.—The engineered foods as the foods become inte- ‘Foods Derived From New Plant Varieties’, Secretary shall conduct the additional re- grated into the food supplies, through a re- published in the Federal Register on May 29, view, on the basis of the materials and infor- view and monitoring process that is scientif- 1992, 57 Fed. Reg. 22984 (or any corresponding mation described in subparagraph (A) if the ically sound, open, and transparent, and that similar statement of policy); and Secretary finds that the materials and fully involves the general public; and ‘‘(C) such other documents issued by the information— (7) since genetically engineered foods are Commissioner relating to such process as the ‘‘(i) are scientifically credible; developed worldwide and imported into the Secretary may determine to be appropriate. ‘‘(ii) represent significant materials and United States, it is also imperative to ensure ‘‘(3) SUBMISSION AND DISSEMINATION OF MA- information that was not available or con- that imported genetically engineered foods TERIALS.— sidered during the earlier review; and are subject to the same level of oversight as ‘‘(A) SUBMISSION.—The regulations shall ‘‘(iii) suggest potential negative impacts domestic genetically engineered foods. require that, as part of the consultation and relating to the food that were not considered SEC. 3. PREMARKET REVIEW OF GENETICALLY approval process, each producer of a geneti- in the earlier review or demonstrate that the ENGINEERED FOODS. cally engineered food submit to the materials and information considered during Chapter IV of the Federal Food, Drug, and Secretary— the earlier review were inadequate for the Cosmetic Act (21 U.S.C. 341 et seq.) is amend- ‘‘(i) each summary of research, test re- Secretary to make a safety finding. ed by adding at the end the following: sults, and other materials that the producer ‘‘(C) ADDITIONAL MATERIALS AND INFORMA- ‘‘SEC. 414. GENETICALLY ENGINEERED FOODS. is required to submit under the process de- TION.—In conducting the additional review, ‘‘(a) DEFINITIONS.—In this section: scribed in paragraph (2); and the Secretary may require the producer of

VerDate 11-MAY-2000 04:51 Oct 12, 2000 Jkt 089060 PO 00000 Frm 00092 Fmt 4624 Sfmt 0634 E:\CR\FM\A11OC6.093 pfrm01 PsN: S11PT1 October 11, 2000 CONGRESSIONAL RECORD — SENATE S10255 the genetically engineered food to provide as the covered officers may determine to be mitted to the Secretary for premarket ap- additional materials and information, as appropriate, shall jointly prepare and submit proval and that meets the requirements of needed to facilitate the review. to the appropriate committees of Congress subsection (b). ‘‘(D) FINDING.—In conducting the review, reports on genetically engineered foods and ‘‘(b) REQUIREMENT.—The registry estab- the Secretary shall— related concerns. lished under subsection (a) shall— ‘‘(i) issue a response described in paragraph ‘‘(c) CONTENTS.—The reports shall ‘‘(1) identify all genetically engineered (4)(B) that revises the finding made in the contain— food that have been submitted to the Sec- earlier review with respect to the safety of ‘‘(1) information on the types and quan- retary for premarket approval; the food; or tities of genetically engineered foods being ‘‘(2) contain the technical and common ‘‘(ii) make a determination, and issue an offered for sale or being developed, domesti- names of each of the foods identified under explanation stating, that no revision to the cally and internationally; paragraph (1) finding is needed. ‘‘(2) information on current and emerging ‘‘(3) contain a description of the regulatory ‘‘(E) ACTION OF SECRETARY.—If, based on a issues of concern relating to genetic engi- status under this Act of each of the foods review under this paragraph, the Secretary neering, including issues relating to— identified under paragraph (1); determines that the food involved is not safe, ‘‘(A) the ecological impacts of, antibiotic ‘‘(4) contain a technical and non-technical the Secretary may withdraw the approval of markers for, insect resistance to, nongermi- summary of the types of genetic changes the food for introduction into interstate nating or terminator seeds for, or cross-spe- made to each of the foods identified under commerce or take other action under this cies gene transfer for, genetically engineered paragraph (1) and the reasons for such Act as the Secretary determines to be appro- foods; changes; priate. ‘‘(B) foods from animals created by genetic ‘‘(5) identify an appropriate public contact ‘‘(6) EXEMPTIONS.— engineering; official at each entity that has created each ‘‘(A) CATEGORIES OF GENETICALLY ENGI- ‘‘(C) non-food crops, such as cotton, cre- of the foods identified in paragraph (1); NEERED FOODS.— ated by genetic engineering; and ‘‘(6) identify an appropriate public contact ‘‘(i) PROPOSED RULE.—The Secretary may ‘‘(D) socioeconomic concerns (such as the official at each Federal agency with over- issue a proposed rule that exempts a cat- impact of genetically engineered foods on sight responsibility over each of the foods egory of genetically engineered foods from small farms), and liability issues; identified in paragraph (1); and the regulations described in paragraph (1) ‘‘(3) information on options for labeling ge- ‘‘(7) be accessible by the public.’’. if— netically engineered foods, the benefits and SEC. 4. PROHIBITED ACTS. ‘‘(I) the rule contains a narrowly specified drawbacks of each option, and an assessment Section 402 of the Federal Food, Drug, and definition of the category; of the authorities under which such labeling Cosmetic Act (21 U.S.C. 342) is amended by ‘‘(II) the rule specifies the particular foods might be required; adding at the end the following: included in the category; ‘‘(4) a response to and information on the ‘‘(h) If it is a food containing a genetically ‘‘(III) the rule specifies the particular status of implementation of the rec- engineered food as an ingredient, or is a ge- genes, proteins, and adjunct technologies ommendations contained in a report entitled netically engineered food (as defined in sec- (such as use of markers or promoters) that ‘Genetically Modified Pest Protected tion 414(a)) that is subject to section 414(b) are involved in the genetic engineering for Plants’, issued in April 2000, by the National that— the foods included in the category; and Academy of Sciences; ‘‘(1) does not meet the requirements of sec- ‘‘(IV) not less than 10 foods in the category ‘‘(5) an assessment of data needs relating tion 414(b); and have been reviewed under paragraph (4)(B) to genetically engineered foods; ‘‘(2)(A) is produced in the United States and found to be safe. ‘‘(6) a projection of the number of geneti- and introduced into interstate commerce by ‘‘(ii) PUBLIC COMMENT PERIOD.—The Sec- cally engineered foods that will require regu- a producer (as defined in section 414(a)); or retary shall provide an opportunity, for not latory review in the next 5 years, and the ‘‘(B) is introduced into interstate com- less than 90 days, for the submission of com- adequacy of the resources of the Food and merce by an importer.’’. ments by interested persons on the proposed Drug Administration, Environmental Pro- SEC. 5. GRANTS FOR RESEARCH ON ECONOMIC rule. tection Agency, and Department of Agri- AND ENVIRONMENTAL RISKS AND ‘‘(iii) FINAL RULE.—At the end of the com- culture to conduct the review; and BENEFITS OF USING BIO- ment period described in clause (ii), the Sec- ‘‘(7) an evaluation of the national capacity TECHNOLOGY IN FOOD PRODUC- TION. retary shall issue a final rule described in to test foods for the presence of genetically (a) IN GENERAL.—Section 1668 of the Food, clause (i). engineered ingredients. Agriculture, Conservation, and Trade Act of ‘‘(B) REGULATED GENETICALLY ENGINEERED ‘‘(d) SUBMISSION OF REPORTS.—The covered 1990 (7 U.S.C. 5921) is amended by striking FOODS.— officers shall submit reports described in subsections (a) and (b) and inserting the fol- ‘‘(i) PROPOSED RULE.—The Secretary may this section not later than 2 years, 4 years, lowing: issue a proposed rule that exempts from the and 6 years after the date of enactment of ‘‘(a) PURPOSES.—The purposes of this sec- regulations described in paragraph (1) ge- the Genetically Engineered Foods Act. netically engineered foods that the Sec- tion are— ‘‘SEC. 416. MARKETPLACE TESTING. retary determines are subject to regulation ‘‘(1) to authorize and support research in- ‘‘(a) IN GENERAL.—The Secretary, in con- under Federal law other than this section, tended to identify and analyze technological junction with the Secretary of Agriculture such as foods from pharmaceutical-pro- developments in the area of biotechnology and the Administer of the Environmental ducing plants. for the purpose of evaluating the potential Protection Agency, shall establish a program ‘‘(ii) PUBLIC COMMENT PERIOD.—The Sec- positive and adverse effects of the develop- to conduct testing, as determined necessary retary shall provide an opportunity, for not ments on the United States farm economy by the Secretary, to identify genetically en- less than 90 days, for the submission of com- and the environment, and addressing public gineered foods at all stages of production ments by interested persons on the proposed concerns about potential adverse environ- (from the farm to the retail store). rule. mental effects, of using biotechnology in ‘‘(b) PERMISSIBLE TESTING.—Under the pro- ‘‘(iii) FINAL RULE.—At the end of the com- food production; and gram under subsection (a), the Secretary ment period described in clause (ii), the Sec- ‘‘(2) to authorize research to help regu- may conduct tests on foods — retary shall issue a final rule described in latory agencies develop policies, as soon as ‘‘(1) to identify genetically engineered in- clause (i). practicable, concerning the introduction and gredients that have not been approved for ‘‘(7) ISSUANCE DATES.—The Secretary shall use of biotechnology. use pursuant to this Act, including foods issue proposed regulations described in para- ‘‘(b) GRANT PROGRAM.—The Secretary of that are developed in foreign countries that graph (1) not later than 6 months after the Agriculture, acting through the Cooperative have not been approved for marketing in the date of enactment of the Genetically Engi- State Research, Education, and Extension United States under this Act; and neered Foods Act, and final regulations de- Service and the Agricultural Research Serv- ‘‘(2) to identify the presence of genetically scribed in paragraph (1) not later than 18 ice, shall establish a competitive grant pro- engineered ingredients the use of which is re- months after such date of enactment. gram to conduct research to promote the stricted under this Act (including approval purposes described in subsection (a).’’. ‘‘SEC. 415. REPORTS ON GENETICALLY ENGI- for animal feed only, approval only if prop- NEERED FOODS. (b) TYPES OF RESEARCH.—Section 1668(c) of erly labeled, approval for growing or mar- ‘‘(a) DEFINITIONS.—In this section, the the Food, Agriculture, Conservation, and terms ‘genetic engineering’ and ‘genetically keting only in selected regions). Trade Act of 1990 (7 U.S.C. 5921(c)) is engineered food’ have the meanings given ‘‘SEC. 417. GENETICALLY ENGINEERED FOOD amended— the terms in section 414. REGISTRY. (1) by redesignating paragraph (4) as para- ‘‘(b) GENERAL AUTHORITY.—The Secretary, ‘‘(a) ESTABLISHMENT.—The Secretary, in graph (5); and the Administrator, and the Secretary of Ag- conjunction with the Secretary of Agri- (2) by inserting after paragraph (3) the fol- riculture (referred to in this section as the culture and the Administer of the Environ- lowing: ‘covered officers’), after consultation with mental Protection Agency, shall establish a ‘‘(4) Research designed to evaluate— the Secretary of Commerce, the Secretary of registry for genetically engineered foods ‘‘(A) the potential effect of biotechnology the Interior, the Council on Environmental that contains a description of the regulatory developments on the United States farm Quality, and the heads of such other agencies status of all such foods that have been sub- economy;

VerDate 11-MAY-2000 04:51 Oct 12, 2000 Jkt 089060 PO 00000 Frm 00093 Fmt 4624 Sfmt 0634 E:\CR\FM\A11OC6.101 pfrm01 PsN: S11PT1 S10256 CONGRESSIONAL RECORD — SENATE October 11, 2000 ‘‘(B) the competitive status of United cyber security issues. Although we re- Centers, ISACs, for the private sector States agricultural commodities and foods in ceived many recommendations from to share information on cyber foreign markets; and experts at these hearings and from Ex- vulnerabilities and attacks. ‘‘(C) consumer confidence in the healthful- ecutive Branch commissions, I have Finally, on January 7th, 2000, Presi- ness and safety of agricultural commodities and foods.’’. only included those ideas in this bill dent Clinton released the first edition (c) PRIORITY.—Section 1668(d)(1) of the that I thought would clearly improve of the national plan to protect our crit- Food, Agriculture, Conservation, and Trade cyber security efforts. ical infrastructures. The plan was a Act of 1990 (7 U.S.C. 5921(d)(1)) is amended by In particular, this bill would allow modest first step towards addressing inserting before the semicolon the following: companies to voluntarily submit infor- the cyber security challenges before ‘‘, but giving priority to projects designed to mation on cyber vulnerabilities, the nation. Like the PCCIP, its key develop improved methods for identifying threats, and attacks to the federal gov- element was the call for a public-pri- potential allergens in pest-protected plants, ernment, without this information with particular emphasis on the development vate partnership. In February of 2000, I of tests with human immune-system being subject to Freedom of Informa- chaired a hearing in my Judiciary Sub- endpoints and of more reliable animal mod- tion Act disclosure. The bill would also committee on Technology, Terrorism, els’’. clarify anti-trust law to permit compa- and Government Information on the (d) CONFORMING AMENDMENTS.— nies to share information with each national plan and its privacy implica- (1) Section 1668 of the Food, Agriculture, other on these cyber security issues. In tions. I plan to hold additional over- Conservation, and Trade Act of 1990 (7 U.S.C. addition, the bill would authorize the sight hearings on the plan in the fu- 5921) is amended by striking the section Attorney General to issue administra- ture. heading and inserting the following: tive subpoenas in order to swiftly trace Overall protection from cyber attack ‘‘SEC. 1668. GRANTS FOR RESEARCH ON ECO- NOMIC AND ENVIRONMENTAL RISKS the source of a cyber attack. It then re- necessitates that information about AND BENEFITS OF USING BIO- quires the Attorney General to report cyber vulnerabilities, threats, and at- TECHNOLOGY IN FOOD PRODUC- to Congress on a plan to standardize re- tacks be communicated among compa- TION.’’. quests from law enforcement agencies nies, and with government agencies. (2) Section 1668(g)(2) of the Food, Agri- culture, Conservation, and Trade Act of 1990 to private companies for electronic in- Two major legal obstacles towards ac- (7 U.S.C. 5921(g)(2)) is amended by striking formation and records used during a complishing this goal have been re- ‘‘for research on biotechnology risk assess- cyber investigation. Finally, it re- peatedly identified. ment’’. quires the Attorney General and the A company which voluntarily sub- Secretary of Commerce to report on ef- mits cyber vulnerability and attack in- Mr. KYL (for himself and Mrs. forts to encourage the utilization of formation to the federal government in FEINSTEIN): technologies that prevent the use of order to help raise overall security S. 3188. A bill to facilitate the protec- false Internet addresses. must be assured that this information tion of the critical infrastructure of I would like to provide a brief back- is protected from disclosure or they the United States, to enhance the in- ground some of the actions by the gov- will not voluntarily submit such infor- vestigation and prosecution of com- ernment that have helped to highlight mation. My legislation provides a nar- puter-related crimes, and for other pur- the impediments addressed by the rowly defined exemption from the poses; to the Committee on the Judici- Cyber Security Enhancement Act: Freedom of Information Act for this ary. Because of my concern for America’s purpose. CYBER SECURITY ENHANCEMENT ACT OF 2000 new ‘‘Achilles heel’’, I authored an In its report, the PCCIP specifically Mr. KYL. Mr. President, today I rise amendment to the 1996 Defense Author- addressed the legal impediments to in- to introduce the Cyber Security En- ization Act, directing the President to formation sharing. In that section, the hancement Act of 2000. This legislation submit a report to Congress ‘‘setting Commission stated: is designed to enhance America’s abil- forth the results of a review of the na- We envision the creation of a trusted envi- ity to protect our critical infrastruc- tional policy on protecting the na- ronment that would allow the government tures from attack by hackers, terror- tional information infrastructure and private sector to share sensitive infor- ists, or hostile nations. It is a result of against strategic attacks.’’ mation openly and voluntarily. Success will many meetings and hearings I have In July 1996, the President’s Commis- depend upon the ability to protect as well as held as the Chairman of the Judiciary sion on Critical Infrastructure Protec- disseminate needed information. We propose Subcommittee on Technology, Ter- tion, PCCIP, was established. It was re- altering several legal provisions that appear to inhibit protection and thus discourage rorism, and Government Information quired to report to the President on participation. that focused on cyber security and crit- the scope and nature of the The Freedom of Information Act, FOIA, ical infrastructure protection. vulnerabilities and threats to the na- makes information in the possession of the As we all know, the Information Rev- tions critical infrastructures. It was federal government available to the public olution has transformed virtually also charged to recommend a com- upon request. Potential participants in an every aspect of our daily lives. How- prehensive national policy and imple- information sharing mechanism may require ever, advancements in technology have mentation plan for critical infrastruc- assurances that their sensitive information not been accompanied by adequate se- ture protection and determine legal will remain confidential if shared with the curity. Today, our nation’s critical in- federal government. and policy issues raised by their pro- We recommend: The proposed Office of Na- frastructures have all become inter- posals. The Cyber Security Enhance- tional Infrastructure Assurance (now the dependent, with vulnerable computer ment Act implements some of their Critical Infrastructure Assurance Office) re- networks as the backbone. These net- legal recommendations. quire appropriate protection of specific pri- works, and the vital services they sup- The Commission released its report vate sector information. This might require, port like transportation, electric in October of 1997. It called for an un- for example, inclusion of a b(3) FOIA exemp- power, air traffic control, and tele- precedented partnership between the tion in enabling legislation. communications, are vulnerable to dis- public and private sector to better se- Currently, there are over 100 exemp- ruption or destruction by anyone with cure our information infrastructure. tions to FOIA that have been created a computer and a modem. And an at- This partnership is essential because by other laws. My legislation creates tack on one sector can cascade to oth- approximately 90 percent of the crit- another so called ‘‘(b)(3)’’ exemption ers, causing significant loss of revenue, ical infrastructures are owned and op- that would ensure that Federal enti- disruption of services, or loss of life. erated by private industry. ties, agencies, and authorities that re- The Cyber Security Enhancement In May 1998, the President issued ceive information submitted under the Act seeks to remove some of the im- Presidential Decision Directive 63, statute can offer the strongest possible pediments to effective cooperation be- PDD 63, as a response to the Commis- assurances that information received tween the private sector and the gov- sions recommendations. This directive will be protected from FOIA disclosure. ernment that prevent effective cyber set 2003 as the goal for protecting our Our legislation would not allow sub- security. Over the past three years, critical infrastructures from attack. mitters to hide information from the Senator FEINSTEIN and I have held Among other provisions, PDD–63 cre- public. If current reporting obligations seven hearings in our subcommittee on ated Information Sharing and Analysis require that certain information be

VerDate 11-MAY-2000 04:51 Oct 12, 2000 Jkt 089060 PO 00000 Frm 00094 Fmt 4624 Sfmt 0634 E:\CR\FM\A11OC6.101 pfrm01 PsN: S11PT1 October 11, 2000 CONGRESSIONAL RECORD — SENATE S10257 submitted to a particular agency, this is inhibited by concern over anti-trust is of the essence in catching a cyber non-disclosure provision would not violations. According to the PCCIP, criminal. Philippine authorities inves- alter that requirement. The legislation ‘‘Potential contributors from the pri- tigating the ‘‘Love Bug’’ computer would only protect voluntarily sub- vate sector are reluctant to share spe- virus wanted to search the suspects’ mitted information that the govern- cific threat and vulnerability informa- apartment sooner, but were unable to ment would otherwise not have. tion because of impediments they per- find a judge over the weekend. The There is tremendous support for this ceive to arise from antitrust and unfair delay apparently gave the apartment’s FOIA exemption. My subcommittee business practice laws.’’ residents time to dispose of the per- held a hearing in March to address the The Cyber Security Enhancement sonal computer and key evidence. impediments to information sharing. Act includes an assurance that compa- The administrative subpoena provi- At that hearing, I asked Harris Miller, nies who share information with each sion in my legislation is very narrowly President of the Information Tech- other on the narrow issues of cyber limited to cybercrime investigations nology Association of America (the threats, vulnerabilities, and attacks involving violations of nine federal largest and oldest association of its will not be subject to anti-trust pen- statues that address computer crimes. kind in the nation): ‘‘With respect to alties. This protection was similarly This provision is only concerned with FOIA, is it fair to say that we won’t provided to companies during the prep- obtaining information about the source have adequate information sharing aration for Y2K. There is also a great of the electronic communication. It until we offer an exemption to FOIA deal of support for this provision. specifically protects privacy rights by for critical information infrastructure David Aucsmith, Intel’s chief secu- prohibiting the disclosure of the con- protection?’’ Mr. Miller responded: rity officer, testified at a Scottsdale, tents of an electronic message. Admin- ‘‘Absolutely. As long as companies be- AZ field hearing of my subcommittee istrative subpoenas will provide law en- lieve that by cooperating with the gov- on cyber security on April 22. In ref- forcement with the speed and the ernment they’re facing the risk of very erence to information sharing between means to enhance the protection of our sensitive and confidential information companies, he stated, ‘‘However, there critical infrastructures from attack in about proprietary secrets or about cus- are problems with that cooperation. We cyberspace. tomer records, however well inten- are now having a collection of industry The Cyber Security Enhancement tioned, ending up in the public record, competitors coming together to share Act will remove roadblocks to informa- that is going to be, to use your phrase, information. This brings up anti-trust tion sharing and investigation of cyber a show stopper.’’ issues.’’ attacks. It will foster greater coopera- FBI Director Louis Freeh testified at In the op-ed by Nunn and Cilluffo, tion among the private sector and with they stated, ‘‘Likewise, we need to ad- the same hearing. He was asked if he the government on cyber security dress legislatively the multitude of supported a FOIA exemption and said: issues by providing limited protection issues related to liability, including ‘‘I would certainly tend to favor it in from FOIA and anti-trust laws. It will anti-trust exposure that may arise in the limited area of trade secrets, pro- take away the current ability of cyber sector-to-sector cooperation in cyber- prietary information, intellectual criminals to evade law enforcement’s space.’’ property, much like my comments Harris Miller, President of the ITAA, efforts to catch them by authorizing about the Economic Espionage Act, wrote an op-ed on cyber security for administrative subpoenas. It will en- where that is carved out as an area the Washington Post in May. In his courage standardization in requests for that protects things that are critical to section on information sharing, he information by law enforcement to the conduct an investigation, but would be commented, ‘‘Part of the answer will private sector. It will encourage the devastating economically and other- require new approaches to the Freedom use of technologies that inhibit a cyber wise to the owner of that property, if it of Information Act and the anti-trust attacker from utilizing a false Internet was disclosed or made publicly avail- laws so that sensitive information can address. able.’’ be protected.’’ Ultimately, this legislation enhances The Critical Infrastructure Assur- Companies need assurance that their the protection of our nation’s critical ance Office has sponsored the ‘‘Part- participation in information sharing infrastructures from cyber attack by nership for Critical Infrastructure Se- activities about cyber vulnerabilities, hackers, terrorists, or hostile nations. curity’’, which is a collaborative effort threats, and attacks will not result in I am committed to doing what I can to of industry and government to address punishment. The Cyber Security En- secure our nation’s way of life in the risks to national critical infrastruc- hancement Act provides the assurance Information Age. This legislation is a tures and assure delivery of essential that such narrow areas of cooperation critical first step. services. It has representation from all will not result in unwarranted anti- By Ms. SNOWE (for herself, Mr. sectors of private industry. During trust prosecution. their meeting in February, five work- Cyber attacks often leave no wit- BAYH, Mr. KOHL, Mr. L. CHAFEE, ing groups were formed, one of which nesses. When an attack does occur, its Mr. MOYNIHAN, and Mr. addressed legal impediments to infor- origin, scope, and objective are usually BREAUX): mation sharing. FOIA was raised as a not obvious at first. Time is a critical S. 3189. A bill to provide more child primary impediment. factor in the pursuit of a cyber support money to families leaving wel- Former Senator Sam Nunn and attacker, and new tools are needed to fare, to simplify the rules governing Frank Cilluffo, of the Center for Stra- fight this problem. At the March hear- the assignment and distribution of tegic and International Studies, wrote ing of my subcommittee, FBI Director child support collected by States on be- an op-ed on cyber security in the At- Louis Freeh testified about the need half of children, to improve the collec- lanta Journal-Constitution last month. for law enforcement to have adminis- tion of child support, to promote mar- In the article, they stated: ‘‘We need to trative subpoena authority in order to riage, and for other purposes; to the review and revise the Freedom of Infor- swiftly trace the source of a cyber at- Committee on Finance. mation Act, which now constitutes an tack. The Cyber Security Enhancement CHILD SUPPORT DISTRIBUTION ACT OF 2000 obstacle to the sharing of information Act will permit law enforcement to use Ms. SNOWE. Mr. President, I rise between the public and private sec- administrative subpoenas to gain today to introduce the Child Support tors.’’ source information of an attack. Under Distribution Act. This is companion We clearly need to assure private current law, the authority to issue ad- legislation to Congresswoman NANCY companies that information they share ministrative subpoenas is limited to JOHNSON’s bill in the House, which with the government in order to im- cases involving violations of Title 21 passed the House overwhelmingly on prove cyber security and protect our (i.e. drug controlled substances’ cases), September 7, 2000. I want to begin by critical infrastructures will be pro- investigations concerning a federal thanking Senator KOHL for his leader- tected from public disclosure. This leg- health care offenses, or cases involving ship on child support issues; I am de- islation provides that assurance. child sexual exploitation or abuse. lighted to have been able to team up Information-sharing activities be- The ‘‘Love Bug’’ virus investigation with him again in this important area. tween companies in the private sector is an excellent example of where speed The child support provisions of this bill

VerDate 11-MAY-2000 04:51 Oct 12, 2000 Jkt 089060 PO 00000 Frm 00095 Fmt 4624 Sfmt 0634 E:\CR\FM\G11OC6.121 pfrm01 PsN: S11PT1 S10258 CONGRESSIONAL RECORD — SENATE October 11, 2000 closely resemble his original legisla- tween the state and federal govern- over five years in child support to fam- tion—the Children First Child Support ments as payment for the welfare the ilies while they are still on welfare. Reform Act—of which I am a proud co- family has received. The 1996 Welfare Children are the leaders of tomorrow; sponsor. I also want to thank Senator Reform Act gave states the option to they are the very future of our great BAYH for his leadership on new father- decide how much, if any, of the state nation. We owe them nothing less than hood initiatives. I am pleased that we share of child support payments col- the sum of our energies, our talents, could work together and incorporate lected on behalf of TANF families to and our efforts in providing them a their ideas into this vital legislation. I send to the family. foundation on which to build happy, am pleased to have Senators CHAFEE, The 1996 Welfare Reform law also re- healthy and productive lives. And, MOYNIHAN, and BREAUX as original co- quired that in order to qualify for when appropriate, we need to help par- sponsors on this bill. TANF benefits, beneficiaries must ‘‘as- ents financially support and provide for There is no question that children sign’’—or give—their child support their children. Because it simply are the very future of our country and rights to the state for periods before makes little sense to ask people to be I believe fundamentally that every and while the family is on welfare. This self-sufficient, to pay their child-sup- child has the right to grow up healthy, means that the State is allowed to port bills, and then to allow the State happy, and safe. Throughout my ca- keep (and divide with the federal gov- to collect all of that child-support. reer, promoting children’s well-being ernment) child support arrearages that I encourage my colleagues to take a and keeping our children safe is a mis- were owed even before the family went serious look at this bill and pass it be- sion that has been close to my heart. on TANF if they are collected while fore we adjourn. While we cannot expect the govern- the family is receiving welfare bene- Mr. BAYH. Mr. President, I rise ment to ensure that every child re- fits. today with the hope that this impor- ceives parental love and attention, we The original intent of these assign- tant legislation will be addressed prior can ensure that parents pay court-or- ment and distribution strategies was to to the adjournment of this Congress. dered child support, and we can ensure reimburse the state and federal govern- As an original cosponsor of the ‘‘Child that the custodial parent—not the gov- ments for their outlays to the welfare Support Distribution Act of 2000,’’ I ernment—receives this vital financial family. But how much sense does it strongly support the promotion of re- support. make to tell a family that is on welfare sponsible fatherhood and putting more Ending poverty and promoting self- or trying to get off welfare that the money in the hands of families for sufficiency is an on-going national State is entitled to the first cut of any their children. The House of Represent- commitment. Four years ago Congress child support payment, even if the ab- atives has done their part by passing a restored welfare to a temporary assist- sent parent begins to pay back the similar bill 405 to 18. It is time for the ance program, rather than a program child support that was owed before the Senate to act. that entangles and traps generation family went on welfare? This bill incorporates provisions after generation. Today, the welfare This means that the state gets the from a bill I authored, S. 1364, the caseload has fallen by six million re- support before a parent can buy new ‘‘Promoting Responsible Fatherhood cipients from 12.6 million in 1996 to 6.6 shoes for her child, before she can buy Act,’’ a bipartisan bill to help fathers million in September 1999. This reflects her child a new coat for the approach- and noncustodial parents provide emo- a drop of 49 percent in just three years. ing winter, before she can buy gro- tional and financial support for their We also have the lowest percentage ceries for her family, or pay the rent children. The provision in this bill to (2.4) of the American population on for the next month. So in the real provide states with grants for father- welfare since 1967. world, not just a policy-oriented world, hood programs is essential to ensure Unfortunately, while we are suc- our current law regarding child support smaller more localized programs re- ceeding in promoting self-sufficiency payments provides a disincentive for ceive funding and to provide each state and self-reliance through welfare re- struggling parents to leave welfare, with seed money to expand upon cur- form, we are sending out a double- and it certainly provides no incentive rent fatherhood initiatives. edged message on the need to pay child for the absent parent to pay, much less With the inclusion of fatherhood and support. Current law regarding the as- catch up with, their child support bills. media grants, this bill strikes an ap- signment and distribution of child sup- I wonder how we can realistically ex- propriate balance to address ‘‘dead- port for families on welfare is ex- pect to foster a positive relationship broke’’ fathers and ‘‘deadbeat’’ fathers. tremely complicated—depending on between a custodial parent, and the In order to help dead-broke fathers act when families applied for welfare, when parent paying child support, when the responsibly, this bill authorizes grants the child support was paid, whether State is entitled to all of the support to fatherhood programs to provide em- that child support was for current or money. ployment training and build upon par- past-due payments, and depending on The key provisions of the bill I am enting skills. Last year, I visited the how the child support was collected, in introducing today will allow states to Father Resource Program, run by Dr. other words, through direct payments, pass through the entire child support Wallace McLaughlin in Indianapolis, through garnishing wages or other gov- collected on their behalf while a person Indiana. This program is a wonderful ernment assistance programs, or the is on welfare; will change how and example of a local, private/public part- federal income tax return intercept when child support is ‘‘owed’’ to the nership that delivers results. It has program. states for reimbursement for welfare served more than 500 fathers, primarily The ‘‘Child Support Distribution Act benefits; and will expand the child sup- young men between the ages of 15 and of 2000’’ would provide more child sup- port collection provisions such as re- 25, by providing father peer support port money to families leaving welfare; voking passports for past-due child meetings, premarital counseling, fam- would simplify the rules governing the support. ily development forums and family assignment and distribution of child We must ensure both non-custodial support services, as well as co-par- support collected by States; would im- and custodial parents that child sup- enting, employment, job training, edu- prove the collection of child support; port payments are directly benefitting cation, and life skills classes. would authorize demonstration pro- their children. This bill will enable The fathers there were eager to tell grams encouraging public agencies to families to keep more of the past-due me when I asked about the difference help collect child support; and would child support owed to them and it will these programs have made in their implement a fatherhood grant program further the goals of the 1996 Welfare lives and the lives of their children. to promote marriage, encourage suc- Reform Act by helping families to re- One said to me, ‘‘After the six-week cessful parenting, and help fathers find main self-sufficient. This bill will give fatherhood training program, the sup- jobs and increase their earnings. mothers leaving welfare an additional port doesn’t stop . . . I was wild before. Under current law, when child sup- $4 billion child support collections over The program taught me self-discipline, port is collected for families receiving the first five years of full implementa- parenting skills, responsibility.’’ Temporary Assistance for Needy Fami- tion. It will also lead to the voluntary Another said, ‘‘As fathers, we would lies, TANF, the money is divided be- payment by states of about $900 million like to interact with our kids. When

VerDate 11-MAY-2000 04:51 Oct 12, 2000 Jkt 089060 PO 00000 Frm 00096 Fmt 4624 Sfmt 0634 E:\CR\FM\G11OC6.147 pfrm01 PsN: S11PT1 October 11, 2000 CONGRESSIONAL RECORD — SENATE S10259 they grow into something, we want to ally transmitted diseases have been es- the President to make pass-through ex- feel proud and say that we were a part timated at more than $21 billion per pansion part of his budget for fiscal of that.’’ year. year 2001, which he agreed to do. I also And yet another, ‘‘The program All this adds up to a staggering price worked to reach consensus on pass- showed me how to have a better rela- we pay for the consequences of our through expansion with the states, tionship with my child’s mother, and a fraying social fabric, broken families children’s advocates and fatherhood better relationship with my child. Be- and too many men not being involved groups. These efforts led to my intro- fore those relationships were just fi- with their kids. ducing bipartisan legislation last year nancial.’’ The number of kids living in house- on child support financing reform, S. While the program’s emotional bene- holds without fathers has tripled over 1036, that advanced many of the poli- fits to families are difficult to meas- the last forty years, from just over 5 cies and principles incorporated into ure, we do know it is helping fathers million in 1960 to more than 17 million this legislation. I also testified on child enter the workforce. Over 80 percent of today. Children need positive role mod- support pass-through policy at a hear- the men who have graduated from the els. ing before the Senate Finance Com- program are currently employed. The House overwhelmingly declared mittee on July 25, 2000. In addition, to grant programs that their support for child support and fa- Though we’ve come a long way since provide parenting skills, employment therhood measures. I urge the Senate the 1997 beginning of an expanded pass- related training, and encourage to declare their support for these meas- through program in Wisconsin, we now healthy child-parent relationships ures and pass this legislation this year. have a key opportunity to encourage there needs to be a cultural shift. This I yield the remaining time to the floor. other states to follow Wisconsin’s ex- shift will only take place when society Mr. KOHL. Mr. President, I rise ample. A House version of this child deems it unacceptable to evade one’s today as an original co-sponsor of this support/fatherhood legislation passed responsibility as a father. This shift is important legislation, the ‘‘Child Sup- the House on September 7th by an necessary to motivate the ‘‘deadbeat’’ port Distribution Act of 2000,’’ and am overwhelming bipartisan vote of 405 to fathers to take responsibility for their pleased to join with Senators SNOWE, 18. On September 25th, I sent a letter children. In an effort to achieve this BAYH, CHAFEE, MOYNIHAN and BREAUX to the Senate leadership, a letter co- cultural shift, the ‘‘Child Support Dis- in this effort to help build stronger signed by 21 of my Senate colleagues, tribution Act of 2000’’ includes $25 mil- families and improve our public child urging the leadership to take action on lion for a media grant program that support system. child support and fatherhood policy re- will allow each state to air television I want to thank and commend Sen- forms before the end of this legislative ads that convey the importance of fa- ator SNOWE and the other co-sponsors session. And it is our goal and my sin- therhood. for working with me to present this cere hope that this bipartisan ‘‘Child In addition, this bill expands upon combined child support/fatherhood leg- Support Distribution Act,’’ which so the provision in S. 1364 to encourage islative package, containing child sup- closely resembles the House bill, will states to pass-through child support port provisions that are similar to my be approved by the Senate unani- funds directly to families that are cur- legislation, S. 1036, the ‘‘Children First mously. This legislation will deliver rently on government assistance. This Child Support Reform Act.’’ Both my over $6 billion in increased child sup- provision would provide an additional bill and the legislation we are intro- $6.2 billion in the hands of families and port payments to families over the ducing today take significant steps to children over the next ten years. In ad- next ten years. And as my 21 Senate increase child support collections and dition, it will increase the likelihood colleagues and I emphasized in our let- to increase the support dollars that are that noncustodial parents will pay ter, we can and should move this legis- delivered directly—or passed-through— child support and allow children to lation this year because our nation’s to families involved in the public sys- benefit from their noncustodial par- children need and deserve nothing less. tem. While we all agree that the level of ents’ financial contributions. Making In Fiscal Year 1998, the public child over-due child support is unacceptable, families self sufficient through the par- support system collected child support ticipation of both parents in their chil- we also know that poor collection rates payments for only 23 percent of its dren’s lives is the next step in welfare don’t tell a simple story. There are caseload. This means that our nation’s reform. many reasons why non-custodial par- Society has been aware of the con- children are owed roughly $47 billion in ents may not be paying support for nection between fatherlessness and over-due child support. Though every their children. Some are not able to children experiencing social ills such year we collect more, it is clear that pay because they don’t have jobs or as poverty, crime, and teen pregnancy our child support system is still not have fallen on hard times. Others may for sometime now. However, the Fed- working as it should and that too many not pay because they are unfairly pre- eral Government continues to spend children still lack the support they vented from spending time with their billions of dollars to address these so- need and deserve. children. cial ills and very little to address the In 1997, I worked with my State of But other fathers don’t pay because root causes of such social ills. In order Wisconsin to institute an innovative the public system actually discourages to break the cycle of poverty, govern- program of passing through child sup- them from paying. As my colleagues ment dependance, and crime Congress port payments directly to families— may know, under the current system, needs to address fatherlessness and the and they have with great success. Wis- nearly $2 billion in child support is re- breakdown of the family structure. consin has found that when child sup- tained every year as repayment for The investment called for in this leg- port payments are delivered to fami- public assistance, rather than delivered islation is fiscally responsible—it helps lies, non-custodial parents are more to the children to whom it is owed. deal with the root causes, not just the apt to pay, and to pay more. In addi- This policy has existed since 1975 when symptoms, of many of the social prob- tion, Wisconsin has found that, overall, we designed the public child support lems that cost our society a great deal this policy does not increase govern- system to recover the costs of welfare of money. ment costs. That makes sense because assistance. Once collected, those sup- The cost to society of drug and alco- ‘‘passing through’’ support payments port dollars are split between the state hol abuse is more than $110 billion per to families means they have more of and federal governments as reimburse- year. their own resources, and are less apt to ment for welfare costs. The federal government spends $8 bil- depend on public help to meet other Since the money doesn’t benefit their lion a year on dropout prevention pro- needs such as food, transportation or kids, fathers are either discouraged grams. child care. from paying support altogether or at Last year we spent more than $105 And since 1997, I have worked to pro- least discouraged from paying through billion on poverty relief programs for mote expansion of this policy to the the formal system. And on the other families and children. other states. I contributed to the Ad- side of the equation, mothers have no The social and economic costs of ministration’s child support financing incentive to push for payment since teenage pregnancy, abortion and sexu- reform consultation process and urged the support doesn’t go to them.

VerDate 11-MAY-2000 04:51 Oct 12, 2000 Jkt 089060 PO 00000 Frm 00097 Fmt 4624 Sfmt 0634 E:\CR\FM\G11OC6.149 pfrm01 PsN: S11PT1 S10260 CONGRESSIONAL RECORD — SENATE October 11, 2000 Our ‘‘Child Support Distribution isiana. According to the Children’s De- which the public gains access to and Act,’’ just like my ‘‘Children First fense Fund, there are almost 366,000 occupancy and use of Federal land, and Child Support Reform Act,’’ attempts children living in poverty in the State for other purposes. to address this problem. The legisla- of Louisiana, almost 30 percent of the S. 2773 tion reforms child support policy so state’s children. Over 33 percent of At the request of Mr. FEINGOLD, the that families working their way off—or families in Louisiana have no father in name of the Senator from Vermont just off—public assistance, keep more the home and 40 percent of babies are (Mr. JEFFORDS) was added as a cospon- of their own child support payments. born out-of-wedlock. Studies show that sor of S. 2773, a bill to amend the Agri- With this bill, the federal-state child children who are raised with no father cultural Marketing Act of 1946 to en- support partnership will embark upon are five times more likely to live in hance dairy markets through dairy a new policy era with a mission focused poverty and twice as likely to commit product mandatory reporting, and for both on promoting self-sufficiency, a crime or commit suicide, as well as other purposes. rather than cost recovery, and on mak- more likely to use drugs and alcohol or S. 3009 ing child support payments truly to become pregnant. It is time to break At the request of Mr. HUTCHINSON, meaningful for families. this cycle of child poverty. Strength- the name of the Senator from South We know that creating the right in- ening the child support system, ensur- Dakota (Mr. JOHNSON) was added as a centives for non-custodial parents to ing that money gets into the hands of cosponsor of S. 3009, a bill to provide pay support and increasing collections the families that need it, and sup- funds to the National Center for Rural has long-term benefits. People who can porting programs that encourage re- Law Enforcement. count on child support are more likely sponsible parenthood are important S. 3050 to stay in jobs and stay off public as- steps in addressing child poverty. I am At the request of Mr. HATCH, the sistance. pleased to cosponsor the Child Support name of the Senator from Alabama Delivering or passing through child Distribution Act and encourage the (Mr. SHELBY) was added as a cosponsor support directly to families would sim- Senate to act on it this Congress. of S. 3050, a bill to amend title XVIII of plify the job for states as well. The Thank you for this opportunity to the Social Security Act to make im- states currently devote six to eight voice my support for this important provements to the prospective payment percent of what they spend to run the legislation. system for skilled nursing facility entire child support program—$250 mil- f services. lion per year—on distributing collec- S. 3101 tions. This has created an administra- ADDITIONAL COSPONSORS At the request of Mr. ASHCROFT, the tive nightmare. Right now, the states S. 206 name of the Senator from Kansas (Mr. divvy up child support dollars into as At the request of Mr. ASHCROFT, his BROWNBACK) was added as a cosponsor many as nine pots. Under my proposal, name was added as a cosponsor of S. of S. 3101, a bill to amend the Internal states would have greater freedom to 206, a bill to amend title XXI of the So- Revenue Code of 1986 to allow as a de- adopt a straightforward policy of col- cial Security Act to provide for im- duction in determining adjusted gross lecting child support and delivering it proved data collection and evaluations income the deduction for expenses in to families, without costly and burden- of State Children’s Health Insurance connection with services as a member some regulations. Programs, and for other purposes. of a reserve component of the Armed Moving towards a simpler child sup- S. 768 Forces of the United States. port system that puts greater emphasis At the request of Mr. SESSIONS, the S. 3119 on getting funds to families is the right name of the Senator from Georgia (Mr. At the request of Mr. WYDEN, the and most fair approach —for fathers, MILLER) was added as a cosponsor of S. names of the Senator from Washington mothers, and children, and for all of us 768, a bill to establish court-martial ju- (Mr. GORTON) and the Senator from interested in making the child support risdiction over civilians serving with Washington (Mrs. MURRAY) were added program work. I urge my Senate col- the Armed Forces during contingency as cosponsors of S. 3119, a bill to amend leagues to support this legislation this operations, and to establish Federal ju- the Act entitled ‘‘An Act to provide for year, and I look forward to our work- risdiction over crimes committed out- the establishment of Fort Clatsop Na- ing to deliver more child support re- side the United States by former mem- tional Memorial in the State of Or- sources to the children to whom they bers of the Armed Forces and civilians egon, and for other purposes.’’ are owed so that all our communities accompanying the Armed Forces out- S. 3131 benefit from healthier, happier chil- side the United States. At the request of Mr. MURKOWSKI, the dren and stronger, more stable fami- name of the Senator from Arizona (Mr. S. 1159 lies. KYL) was added as a cosponsor of S. At the request of Mr. STEVENS, the Mr. BREAUX. Mr. President, I would 3131, a bill to amend title XVIII of the name of the Senator from Tennessee like to express my strong support for Social Security Act to ensure that the the Child Support Distribution Act of (Mr. FRIST) was added as a cosponsor of Secretary of Health and Human Serv- 2000 introduced today in the Senate. I S. 1159, a bill to provide grants and ices provides appropriate guidance to would also like to commend my col- contracts to local educational agencies physicians and other health care pro- leagues on their efforts to reconcile the to initiate, expand, and improve phys- viders that are attempting to properly House-passed Child Support Distribu- ical education programs for all kinder- submit claims under the medicare pro- tion Act, H.R. 4678, with similar bills garten through 12th grade students. gram and to ensure that the Secretary introduced in the Senate. I agree that S. 1536 targets truly fraudulent activity for it is imperative for the Senate to join At the request of Mr. DEWINE, the enforcement of medicare billing regula- the House in passing strong bipartisan name of the Senator from Colorado tions, rather than inadvertent billing legislation to strengthen the child sup- (Mr. ALLARD) was added as a cosponsor errors. port system and assist low income fam- of S. 1536, a bill to amend the Older S. 3147 ilies by allowing them to retain child Americans Act of 1965 to extend au- At the request of Mr. ROBB, the name support payments. I also believe that it thorizations of appropriations for pro- of the Senator from West Virginia (Mr. is important to encourage noncustodial grams under the Act, to modernize pro- BYRD) was added as a cosponsor of S. fathers to take responsibility for their grams and services for older individ- 3147, a bill to authorize the establish- children’s well-being and I am pleased uals, and for other purposes. ment, on land of the Department of the that this legislation includes funding S. 1969 Interior in the District of Columbia or to states to develop programs pro- At the request of Mr. CRAIG, the its environs, of a memorial and gardens moting responsible parenthood. name of the Senator from Alaska (Mr. in honor and commemoration of Fred- I feel so strongly about this legisla- STEVENS) was added as a cosponsor of erick Douglass. tion because of the significance of child S. 1969, a bill to provide for improved S. 3152 poverty in the United States, and par- management of, and increases account- At the request of Mr. ROTH, the ticularly in my own State of Lou- ability for, outfitted activities by names of the Senator from Georgia

VerDate 11-MAY-2000 04:51 Oct 12, 2000 Jkt 089060 PO 00000 Frm 00098 Fmt 4624 Sfmt 0634 E:\CR\FM\G11OC6.150 pfrm01 PsN: S11PT1 October 11, 2000 CONGRESSIONAL RECORD — SENATE S10261 (Mr. CLELAND), the Senator from Ohio SECTION 1. RECORDS OF EACH JOINT CONGRES- The PRESIDING OFFICER. Without SIONAL COMMITTEE ON INAUGURAL (Mr. DEWINE), the Senator from Indi- objection, it is so ordered. CEREMONIES. AYH ana (Mr. B ), the Senator from New (a) IN GENERAL.—Upon the conclusion of f York (Mr. SCHUMER), and the Senator the business of a joint congressional com- TRIBUTE TO THE LATE from Nevada (Mr. REID) were added as mittee on Presidential inaugural ceremonies CONGRESSMAN HERB BATEMAN cosponsors of S. 3152, a bill to amend and the closing out of its affairs, all records, the Internal Revenue Code of 1986 to files, documents, and other materials in the Mr. ROBERTS. Mr. President, I rise provide tax incentives for distressed possession, custody, or control of the joint on the Senate floor today to pay trib- areas, and for other purposes. committee shall be transferred subject to— ute and to really eulogize one of our (1) such terms and conditions relating to S. 3178 colleagues from the House of Rep- access and use of such materials as the Com- resentatives and a personal friend. I am At the request of Mrs. FEINSTEIN, the mittee on Rules and Administration of the speaking of Herb Bateman, the late name of the Senator from Mississippi Senate shall prescribe; and Congressman from America’s First Dis- (Mr. COCHRAN) was added as a cospon- (2) the provisions of Senate Resolution 474 sor of S. 3178, a bill to amend title 5, (96th Congress, 2d Session). trict, the First District of Virginia. United States Code, to provide that the (b) PRIOR RECORDS.—The records, files, As most of my colleagues know, Herb mandatory separation age for Federal documents, and other materials of any joint passed away last month following a congressional committee on Presidential in- firefighters be made the same age that rich life of public service, family com- augural ceremonies in the custody of the mitment, and 18 years of distinguished applies with respect to Federal law en- Senate on the date of adoption of this resolu- forcement officers. service in the House of Representa- tion shall be shall be transferred subject to— tives. Herb had announced his retire- S.J. RES. 30 (1) such terms and conditions relating to access and use of such materials as the Com- ment last January, and in doing so, he At the request of Mr. KENNEDY, the had received well-deserved accolades name of the Senator from Maine (Ms. mittee on Rules and Administration of the Senate shall prescribe; and and awards and letters of appreciation. COLLINS) was added as a cosponsor of (2) the provisions of Senate Resolution 474 They were from virtually everyone S.J. Res. 30, a joint resolution pro- (96th Congress, 2d Session). whose life he touched—and he touched posing an amendment to the Constitu- f many from all walks of life. I might tion of the United States relative to add, the letters of appreciation and SENATE CONCURRENT RESOLU- equal rights for women and men. thanks are still being sent to news- TION 149—TO CORRECT THE EN- AMENDMENT NO. 4303 papers in his district. ROLLMENT OF H.R. 3244 At the request of Mr. CAMPBELL, the From September 12 through 14, Mem- names of the Senator from New Mexico Mr. MACK submitted the following bers of the House paid a very deserved (Mr. BINGAMAN) and the Senator from concurrent resolution; which was con- tribute to Herb, and in doing so, really New Mexico (Mr. DOMENICI) were added sidered and agreed to: captured the essence of the man. The as cosponsors of Amendment No. 4303 S. CON. RES. 149 essence, simply put, is that Herb epito- intended to be proposed to S. 2508, a Resolved by the Senate (the House of Rep- mized integrity in public service. I bill to amend the Colorado Ute Indian resentatives concurring), That the Clerk of the commend these moving and very accu- Water Rights Settlement Act of 1988 to House of Representatives, in the enrollment rate portrayals of Herb Bateman to the provide for a final settlement of the of the bill (H.R. 3244) to combat trafficking attention of my Senate colleagues. claims of the Colorado Ute Indian of persons, especially into the sex trade, Let me also say that the comments Tribes, and for other purposes. slavery, and slavery-like conditions, in the by our colleagues in the House also United States and countries around the f world through prevention, through prosecu- represented a most appropriate segue to the services that were held for Herb SENATE CONCURRENT RESOLU- tion and enforcement against traffickers, in his hometown of Newport News. I TION 147—TO MAKE A TECHNICAL and through protection and assistance to am compelled to say that I have never CORRECTION IN THE ENROLL- victims of trafficking, shall make the fol- lowing correction: attended services more appropriate, MENT OF THE BILL H.R. 4868 (1) In section 2002(a)(2)(A)(ii), strike ‘‘June more moving, and more fitting in cele- Mr. ROTH submitted the following 7, 1999,’’ and insert ‘‘December 13, 1999,’’. brating the life of someone so re- concurrent resolution; which was re- f spected and so loved. I was privileged ferred to the Committee on Finance: AMENDMENTS SUBMITTED to join many of Herb’s colleagues and S. CON. RES. 147 my former colleagues in the House; Resolved by the Senate (the House of Rep- Senator BUNNING; the distinguished resentatives concurring), That, in the enroll- EXPORT ADMINISTRATION MODI- senior Senators from Virginia, Senator ment of the bill (H.R. 4868) to amend the FICATION AND CLARIFICATION WARNER and Senator ROBB; and hun- Harmonized Tariff Schedule of the United ACT OF 2000 dreds of friends and relatives who were States to modify temporarily certain rates in attendance. of duty, to make other technical amend- There simply wasn’t enough room in ments to the trade laws, and for other pur- poses, the Clerk of the House of Representa- GRAMM (AND ENZI) AMENDMENT Our Lady of Carmel Catholic Church in tives shall make the following correction: NO. 4305 Newport News last September 15 to hold all of Herb Bateman’s friends and On page 160, line 8, strike ‘‘: and’’ and all Mr. WARNER (for Mr. GRAMM (for constituents who joined his wife Laura that follows through line 10, and insert a pe- himself and Mr. ENZI)) proposed an riod. amendment to the bill (H.R. 5239) to and their family, yes, to mourn his f provide for increased penalties for vio- loss, but also to pay tribute and cele- brate his life. SENATE CONCURRENT RESOLU- lations of the Export Administration The remarks by Monsignor Michael TION 148—TO PROVIDE FOR THE Act of 1979, and for other purposes; as D. McCarron were not only appropriate DISPOSITION AND ARCHIVING OF follows: and especially uplifting in their reli- THE RECORDS, FILES, DOCU- Strike all after the enacting clause and in- gious context, providing Herb and Lau- MENTS, AND OTHER MATERIALS sert in lieu thereof the following: ra’s family and all of us in attendance OF JOINT CONGRESSIONAL COM- ‘‘Section 20 of the Export Administration the strength and faith that we needed, MITTEES ON INAUGURAL CERE- Act of 1979 (50 U.S.C. App. 2419) is amended but they also captured with humor and MONIES by striking ‘‘August 20, 1994’’ and inserting in lieu thereof ‘‘August 20, 2001’’.’’. grace the perspective of one’s life de- Mr. MCCONNELL (for himself Mr. f voted to public service. DODD, and Mr. LOTT) submitted the fol- Herbert H. Bateman Jr., ‘‘Bert’’ Bate- lowing concurrent resolution; which PRIVILEGE OF THE FLOOR man, eulogized his Dad in moving re- was considered and agreed to: Mr. BROWNBACK. Mr. President, I marks that only a loving son could S. CON. RES. 148 ask unanimous consent that Joseph give. Bert’s eulogy was a gift of solace Resolved by the Senate (the House of Rep- Reese be allowed floor privileges dur- and comfort to his mother, his family, resentatives concurring), ing this debate. his sister Laura and her family, to all

VerDate 11-MAY-2000 04:51 Oct 12, 2000 Jkt 089060 PO 00000 Frm 00099 Fmt 4624 Sfmt 0634 E:\CR\FM\A11OC6.104 pfrm01 PsN: S11PT1 S10262 CONGRESSIONAL RECORD — SENATE October 11, 2000 of the relatives present—and with re- Boss. Golfing Partner. Friend. than just the weekends in Newport News. gard to that special father-son rela- And lest no one forget: ‘‘America’s First There would be no more of this nomadic life tionship we all would hope for—it was District.’’ of leaving for Washington every Monday There also is the much more private side of a gift to us all. morning only to return home sometime Fri- Herb Bateman. day—then do it all over again two days later. The last speaker during the service Husband. Father. Grandfather. But look around this church. Look how for Herb Bateman, was his long time One of the first things that struck me many people are here. Everyone here loved Chief of Staff, Dan Scandling. And, it is about Mr. Bateman when I came to work for your ‘‘Poppy.’’ Dan’s eulogy that I am going to ask to him 10 years ago was his unwavering devo- It’s like one huge ‘‘thank you’’ for sharing be put in the RECORD today. tion to Laura. him with us. I do so for a special reason. Dan I can still vividly remember one of the first Thank you for all those times he left you— his family—to go work an 80-hour week in Scandling’s remarks are not only a fit- times she came into the office. We were just wrapping up one of those marathon meetings Washington; ting tribute to his boss, Congressman that all you Members so deeply cherish when To go to a parade somewhere at the other Herb Bateman, they also speak for all Laura walked in. end of the District on a Saturday morning; of the Bateman staff members during Herb got up from behind his desk, walked To go to some god-awful chicken dinner 18 years of Herb’s distinguished service. over to her, reached for her hand, gave her a fund raiser; They speak for Dan, and they speak for kiss on her cheek and then asked how her To go shake hands at the shipyard gates at his long-time and valued executive as- day was. 6 a.m. on some rain-soaked morning in the dead of winter. sistant, Peggy Haar, and for all of the I quickly learned this wasn’t just a one- time thing. Thank you for sharing him with us. Thank staffers who served Herb so well during Nothing was as important as making sure you for the sacrifices you made. his 18 years in the House of Represent- Laura had had a good day. I worked for Herb Bateman for 10 years. atives. After hearing Dan speak, I be- I only wish I was half as attentive to the Over that time we grew to be pretty close. I lieve his comments also represent that needs of my wife. think it would probably be fair to say he special relationship that most congres- Laura was the most important thing in considered me part of the family. Herb’s life. The two were inseparable. Wher- There aren’t too many places in America’s sional staff members have with their First District that he and I haven’t been to congressman or their senator. ever Herb went, Laura went. Whether it was travel overseas, a trip to the Eastern Shore together, and there aren’t too many things My appreciation for Dan Scandling’s or back and forth to Washington, the two of we haven’t discussed. remarks, like others who are privileged them were always together. Of all the things that have been ingrained to serve in this body, are because I am Laura was very important to Herb’s polit- in my head over the last 10 years, it’s that a former staffer—or as we say in Kan- ical career—particularly when it came to credibility is everything. sas, a bucket toter, if you will, in my keeping names and faces straight. Once you lose your credibility, you lose ev- erything. If people cannot take you at your case working for both a Senator and Herb was terrible with names. He always insisted on name tags at every event he word, then your word is nothing. my predecessor in the House of Rep- Perhaps that explains why he was such an resentatives. In each case, my boss was hosted. Laura, on the other hand, is the master of effective legislator, and why when he an- the Senator or the Congressman. So it remembering names and faces. No matter nounced his retirement last January, letters, was and is for Dan and all of the Bate- where they were, or who they ran into, it is faxes and e-mails poured into his office man staff. They admired and loved him like instant recall. She can always place a thanking him for his dedicated service. and their work demonstrated that and name with a face. You politicians in the au- He got letters from Admirals, Generals, captains of industry and politicians on both in turn their work earned the respect dience today should be jealous. I know one certain Chief of Staff who owes sides of the aisle. He got letters from long- and gratitude of the people of Amer- time friends and associates. And most sig- ica’s First District. his congressional career to Laura because she remembered his name and face. nificantly, he got letters from hundreds of I am fond of saying that there are no Bert and Laura, you have no idea how his constituents. All them were effusive in self-made men or women in public of- proud your father was of you. Not a day went their praise. fice; that it is your friends who make by that he wasn’t telling me about how one Credibility meant everything to Herb Bate- you what you are. In this respect Herb of you had gotten a better job, or a pro- man. I know that first hand. I know it guided was indeed a self-made man but also motion, or had landed a big, new account. each of his decisions, whether it was on a controversial issue before Congress or a con- made better by his friends, more par- Bert, he was particularly proud of your de- sire—and commitment—to make Newport tentious political issue. ticularly his staff. I am also fond of He would have been pleased to hear how News a better place to live and work. He was saying you are only as good—in terms his colleagues described him during Tuesday proud that you were willing to give so much evening’s tribute on the floor of the House. of accomplishment and making a dif- of yourself to your community. I couldn’t help but smile as I saw Member ference—as your staff. Herb accom- And he also was proud of how good a hus- after Member get up and talk about his in- plished much and made a difference. band—and father—you are. tegrity. Laura, nothing brought a bigger smile to Dan Scandling captured those Perhaps Congressman Burton said it best: thoughts and much more in his moving your father’s face than for him to run into ‘‘Herb was a man, who if he gave his word tribute to his boss, Congressman Herb one of his former colleagues from the Vir- on anything, you could take it to the bank. Bateman. His personal tribute to Laura ginia Senate and have them tell him how Herb was not one of those guys that played Bateman, a great lady, was especially great a job you do in Richmond and beyond. both sides of the fence. He was a man of in- He was so proud of how successful you have tegrity—impeccable integrity—and one that appropriate and captured Herb’s com- become. mitment and love for his wife. all of us respected.’’ Then there is ‘‘Poppy.’’ Herb loved his More than anything else—any aircraft car- Dan summed up the life of Herb Bate- grandchildren. Emmy, Hank and Sam—you rier, any submarine, any bridge, any Corps of man and his public service attributes were the apples of his eye. Engineers’ project—Herb would want to be as only a trusted aid could do—Herb’s Just last week he was boasting how Emmy known for his integrity. credibility, integrity, his hard work had won a tennis tournament at the club and Obviously, he has. and commitment to his fellow man. He was so pleased that Hank had taken up run- Herb had two vices in life. A good steak, ning cross country. Every summer I would and golf. also reflects on their personal relation- get the updates on all the ribbons the two of ship with honor and affection. Man, did he love a good steak. New York you would win at swim meets. Strip. Medium rare. Mr. President, I ask unanimous con- Hank, I think your grandfather has high He always ordered french fries with his sent that the eulogy given by Dan expectations from you on the athletic field. steak—extra crisp, please or potato sticks if Scandling on behalf of his friend, men- I know you won’t let him down. you have them. tor and boss, Congressman Herb Bate- Emmy, I know your ‘‘Poppy’’ wishes for If I was invited over to Shoe Lane for din- man be printed in the RECORD. you the same success that his daughter has ner it usually meant a good steak on the There being no objection, the mate- had. grill—and potato sticks! Sam, your ‘‘Poppy’’ was so excited about rial was ordered to be printed in the If I was invited out for a steak in Wash- your first day at school. He was looking for- ington, it usually meant someone in the of- RECORD, as follows: ward to getting home last weekend to hear fice was in trouble. So many things come to mind when you all about it first-hand. I used to cringe when he would come up be- think of Herb Bateman. I know this week has not been easy. It hind me, put his hand on my shoulder and Congressman. State Senator. Colleague. wasn’t supposed to happen this way. I know say, ‘‘Dan, let’s go have a steak.’’ Statesman. Virginia Gentleman. Devoted you feel somewhat cheated because ‘‘Poppy’’ He always enjoyed his meal. I can’t say the Public Servant. was finally going to be able to spend more same.

VerDate 11-MAY-2000 04:51 Oct 12, 2000 Jkt 089060 PO 00000 Frm 00100 Fmt 4624 Sfmt 0634 E:\CR\FM\A11OC6.109 pfrm01 PsN: S11PT1 October 11, 2000 CONGRESSIONAL RECORD — SENATE S10263 The there was golf. Next to Laura, golf was more especially all staff in both the am accorded the privilege of being the his passion. House and Senate. It captures that spe- chairman, was meeting with several Like most us, he wasn’t very good, but cial relationship—the analogy might other subcommittee chairmen because that didn’t matter. He just loved to play. He be—my boss, right or wrong—my boss. the House does not follow suit in terms loved being outdoors. He loved meeting new In the case of Herb Bateman and Dave playing partners. of our organization or duties and we And he loved mulligans! Scandling the rightness of their work think the Emerging Threats Sub- Herb played golf to relax. He didn’t talk was 100 percent—there was no wrong. committee, which was largely formed about work on the golf course. He didn’t In closing, I would like to quote out of the leadership of the distin- take a cell phone. He never carried a pager. Helen Steiner Rice to Laura Bateman, guished chairman, encompasses so Golf was for fun. If you were on the golf to the family, to the staff, and to the many different things that are so im- course, you were there to enjoy yourself. friends and constituents of Herb Bate- portant to our national security. We If Herb were ever elected President, I bet man, my friend. one of the first things he would do would be were meeting in conference. The distin- When I must leave you for a little while, to issue an Executive Order prohibiting cell guished gentleman from the First Dis- Please go on bravely with a gallant smile phones on the golf course. trict of Virginia came in, and he was a And for my sake and in my name, For all those golfers here today, I have one tad late. The only amendment we had Live on and do all things the same— special request. The next time you play golf, Spend not your life in empty days, that was still outstanding was the as tribute to Herb, leave your cell phones But fill each waking hour in useful ways— Bateman amendment. I asked Herb if it and pagers in the car. Reach out your hand in comfort and in was a little late for his tee time. He Take the time to relax and enjoy the peo- cheer, laughed and said: No, not today but to- ple you are playing with. I have made a And I in turn will comfort you and hold you promise to myself never to take a cell phone morrow. near. with me on the golf course again. I hope I I informed all those present that the can live up to it. I would be happy to yield to the dis- Senate had strong feelings about Mr. Oh, and take a couple of mulligans too. tinguished Senator from Virginia. Bateman’s amendment—very strong I want to close by touching on some of the Mr. WARNER. Mr. President, I sim- feelings—and, despite that, we would things that Herb did that no one knew about, ply want to say to my very dear friend, accept the amendment under one res- that never made any headlines, that never I ask that I be associated with his re- ervation. Herb was a little concerned got him a vote. marks. It was a privilege to be on the because it was a very fine amendment. Herb liked helping people. He always floor at the time the Senator from stressed to his staff that constituent service He looked at me and said: Well, Mr. Kansas delivered his remarks. In my 22 Chairman, PAT, friends and colleagues was the most important part of his job—and years in this great institution, the Sen- their job. from the House, what would that res- He always reminded us that he worked for ate, I have never known a Member of ervation be? I said: Only if we call your the people of America’s First District and it Congress who tried harder to work on amendment the ‘‘Herb Bateman Com- was his job to help them when they had a personal relationships than my good mon Sense Amendment.’’ Obviously, it problem. friend from Kansas. was agreed to and passed. I could recount hundreds—if not thou- He is so respected in this institution, That was on a Thursday. We lost sands—of cases where Herb got personally in- as he was in the House. To have him Herb over that weekend—something I volved. One that always comes to mind in- stand in tribute to one of our mutual could not believe as I came to work on volved a woman from Williamsburg whose friends of long standing for all of these Monday. But as I reflect back on that, husband had died and was buried in Arling- years I have been in the Senate—I it was probably his last amendment, ton Cemetery. The woman’s husband had think maybe Herb’s 20 years versus my been an Air Force pilot and she asked that and it was ‘‘common sense,’’ as he al- 22 years. Whatever it is, it is incon- he be buried in the section in Arlington ways stood for. sequential. I worked with him. where you could have different types of So from that standpoint, I think the tombstones. I was so pleased to go down to visit his lovely wife and his children. I have distinguished chairman’s suggestion Soon after his funeral she went about de- about what we do in the next Congress signing a tombstone that she thought would seen his children grow, as the Senator be a fitting tribute. The cemetery approved from Kansas has, and I was privileged is most appropriate. I appreciate his the design and she had the stone carved. to be at the service with the Senator contribution. When the store arrived at the cemetery sev- and some others from the Congress of Mr. President, I yield the floor. eral weeks later, cemetery officials did a the United States. What a fine, fine Mr. WARNER. Mr. President, if I complete 180 and told her she couldn’t use person he was, and most deserving of might say to my good friend, Herb and the stone. the outpouring of heartfelt expressions I played a game of golf, which he dear- Somehow, a columnist at the Washington ly loved. He had his priorities—his fam- Post caught wind of the situation and a at that memorial service. I spoke to his widow not too long ago. She is a ily, his church, and work in Congress. story appeared in the paper. Herb saw it and He was the only man I played with, as asked me what I knew about it. After a few woman of great strength, as are the quick calls, it was evident the woman hadn’t children, and it will carry on. others have, and whom I ever knew of, contacted us. But to Herb, that didn’t mat- I would like to work with my col- who could miss a 2-foot putt and still ter. league and other Members of the House walk off the green with a smile on his Within a matter of minutes, Herb, me and and the Senate at the appropriate face. He always said, well, tomorrow, another staffer were in a car headed over to time—which I think will have to be or the next putt on the green, it will be Arlington. We drove through the cemetery next year—to name something related a better day. But that was the sort of where the woman’s husband was buried, got wonderful, even-tempered, absolutely out looked at some of the other tombstones to defense in honor of our most re- then headed back across the river. cently departed colleague and friend. beautiful man he was in terms of his Upon returning to the office, Herb imme- I thank the Senator. character. diately called the Superintendent at Arling- Mr. ROBERTS. Mr. President, I I thank my colleague. I have enjoyed ton and presto, the issue was resolved. thank the distinguished chairman, my these few moments. He loved the Navy. When I called the woman to tell her the friend and colleague, for his comments. He loved everything connected with cemetery officials had relented, I asked why I wasn’t planning on doing this. But the sea and maritime. How many times she didn’t call us. She said she didn’t want to I might just provide the chairman with we heard him give the speech: And I’m burden the Congressman with her problem. a reflection. As he knows, we were in the Congressman from the First Con- To Herb, it wasn’t a bother; it was a pleas- conference on the Defense authoriza- gressional District. ure. It was all about helping the people he represented. tion bill—the bill we are trying to get I yield the floor, and I suggest the ab- The Congress has lost more than an out- finished here. It is so essential to our sence of a quorum. standing Member, it has lost a warm, caring Nation and our national security. The PRESIDING OFFICER. The individual who served his nation with great There was not anybody in Congress clerk will call the roll. honor and distinction. who worked harder or who was more ef- The legislative clerk proceeded to God bless Herb, his family, and America’s fective in regard to national security call the roll. First District. than our dear friend, Herb Bateman. Mr. VOINOVICH. Mr. President, I ask Mr. ROBERTS. Mr. President, I com- The Subcommittee on Emerging unanimous consent that the order for mend his remarks to all Senators and Threats on the Senate side, of which I the quorum call be rescinded.

VerDate 11-MAY-2000 04:51 Oct 12, 2000 Jkt 089060 PO 00000 Frm 00101 Fmt 4624 Sfmt 0634 E:\CR\FM\A11OC6.112 pfrm01 PsN: S11PT1 S10264 CONGRESSIONAL RECORD — SENATE October 11, 2000 The PRESIDING OFFICER. Without that many of my colleagues on the growing economy. And as far as I’m objection, it is so ordered. other side of the aisle defeated the bill, concerned, paying down the national Mr. VOINOVICH. Mr. President, I ask Congress did, though, for the first time debt is the best way that we can foster unanimous consent to speak as in in three decades, not spend a dime of a robust growing economy. morning business for up to 20 minutes. the Social Security surplus. Mr. President, in today’s Washington The PRESIDING OFFICER. Without I have to say that I take great of- Post, columnist David Broder, touched objection, it is so ordered. fense at the fact that the Vice Presi- on this same theme in reporting about f dent is out there taking credit for the need to exhibit fiscal responsi- ‘‘lock boxing’’ Social Security and bility. In case my colleagues have not DEBT REDUCTION AND SPENDING Medicare. My colleagues—and indeed read the article, I ask unanimous con- CUTS the American people—should be aware sent that it be printed in the RECORD at Mr. VOINOVICH. Mr. President, in a that, in fact, it was this administra- the conclusion of my remarks. few short weeks, it will have been two tion—the Clinton-Gore administra- The PRESIDING OFFICER. Without years since the people of Ohio elected tion—that sent a veto threat to the objection, it is so ordered. me to represent them in the United Senate regarding the Abraham/Domen- (See Exhibit 1) States Senate. One of the main reasons ici Social Security ‘‘lock box’’ amend- Mr. VOINOVICH. In addition, just I wanted to serve in this body was to ment that we considered in April of yesterday, the Congressional Budget have an opportunity to bring fiscal re- 1999. Office released its report, entitled ‘‘The sponsibility to the nation’s capital and Here is the direct quote from that Long-Term Budget Outlook.’’ That report states that, ‘‘projected eliminate the gigantic debt burden veto threat: ‘‘. . . If the Abraham/ growth in spending on the federal gov- that we have put on the backs of our Domenici amendment or similar legis- ernment’s big health and retirement children and grandchildren. lation is passed by the Congress, the programs—Medicare, Medicaid and So- As my colleagues know, for decades, President’s Senior Advisors will rec- cial Security—dominates the long-run successive Congresses and Presidents ommend to the President that he veto budget outlook. If current policies con- spent money on things that, while im- the bill.’’ I would presume that the tinue, spending is likely to grow sig- portant, they were unwilling to pay term ‘‘Senior Advisors’’ would include for, or, in the alternative, do without. nificantly faster than the economy as a the Vice President. whole over the next few decades. By In the process, Washington ran up stag- Although Congress has agreed by 2040, CBO projects those outlays will gering debt, and mortgaged our future. consensus not to use the Social Secu- rise to about 17 percent of gross domes- Today, we have a $5.7 trillion na- rity surplus for more spending, Con- tic product—more than double their tional debt that is costing us $224 bil- gress, still has not been able to pass lion in interest payments a year, and current share.’’ ‘‘lock box’’ legislation. And because The report goes on to say, ‘‘ ‘saving’ that translates into $600 million per Congress has not passed a ‘‘lock box’’ most or all of the budget surpluses that day just to pay the interest. bill, I am fearful that if things get CBO projects over the next 10 years— Out of every federal dollar that is tight in the future, Congress will re- using them to pay down debt—would spent, 13 cents will go to pay the inter- vert to its old ways. have a positive impact on the projec- est on the national debt. Think of that. Probably the best news from fiscal tions and substantially delay the emer- In comparison, 16 cents will go for na- year 2000 is that despite spending gence of a serious fiscal imbalance.’’ tional defense; 18 cents will go for non- roughly $20 billion of the on-budget I believe that each of my colleagues defense discretionary spending; and 53 surplus this past summer, Congress did should read this report because it cents will go for entitlement spending. not touch the additional $60 billion on- might make them consider the con- Right now, we spend more federal tax budget surplus that CBO announced in sequences of all the spending that’s dollars on debt interest than we do on July. In other words, when fiscal year going on in this body and help make the entire Medicare program. 2000 came to an end on September 30th, the argument for more fiscal restraint As the end of the 106th Congress that $60 billion on-budget surplus had in these last days of the 106th Congress. draws near, I look back with mixed not been spent nor used for tax cuts. Therefore, Mr. President, I encourage feelings at the actions that this Con- Instead, it will go towards reducing the my colleagues to look up the CBO re- gress has made towards bringing our fi- national debt. port, ‘‘The Long-Term Budget Out- nancial house in order. While we have When on-budget surplus funds are look,’’ at the CBO website, made some strides in paying down the used to lower the debt, it sends a posi- www.cbo.gov. national debt, there is a lot more that tive signal to Wall Street and to Main Mr. President, I am a firm believer in we could have done. For example, we Street that the federal government is the phrase, ‘‘prepare for tomorrow, could have done a much better job of serious about fiscal discipline. It en- today,’’ and I believe that anytime we reining-in federal spending. Regret- courages more savings and investment have an opportunity to enhance our fu- fully, we have done the opposite. which, in turn, fuels productivity and ture economic position, we cannot What many Americans don’t realize continued economic growth. squander that opportunity. That is why is the fact that Congress increased All the experts say that paying down I am deeply disappointed that the Sen- overall non-defense domestic discre- the debt is the best thing we could do ate is not going to consider the Debt tionary spending in fiscal year 2000 to with our budget surpluses. Indeed, CBO Relief Lock-Box Reconciliation Act for $328 billion. That’s a 9.3 percent boost Director Dan Crippen said earlier this Fiscal Year 2001, H.R. 5173. This is a over the previous fiscal year, and the year: ‘‘most economists agree that sav- bill that passed in the House of Rep- largest single-year increase in non-de- ing the surpluses and paying down the resentatives by a vote of 381–3, and fense discretionary spending since 1980. debt held by the public is probably the which would have taken 90 percent of In an effort to bring spending under best thing that we can do relative to the fiscal year 2001 surplus and used it control, my friend, Senator ALLARD, the economy.’’ strictly for debt reduction. and I offered an amendment this past I would like to say Mr. President, in As my colleagues know, the Congres- June to direct $12 billion of the FY 2000 the last month or so, I have had the op- sional Budget Office has projected that on-budget surplus dollars toward debt portunity to meet with director in fiscal year 2001, the United States reduction. While that amendment Crippen in my office a couple of times, will have a surplus of $268 billion, in- passed by a vote of 95–3, the victory did including, most recently, this morning. cluding an on-budget surplus of $102 not last long—all but $4 billion of that He said that the only way we were billion. $12 billion was used for other spending going to be able to deal with the wave Under H.R. 5173—or the ‘‘90–10’’ bill in the Military Construction Appro- of Social Security and Medicare bene- as it has been called—$240 billion of the priations Conference Report. fits that we will have to pay when the $268 billion projected surplus would go Nevertheless, we have had reason to ‘‘baby boomers’’ start to retire, is to toward paying down the national debt. celebrate some good news. Just last reform Social Security and Medicare, By using such a substantial amount of year, many of us fought to ‘‘lock box’’ and most important, we should under- the surplus for debt reduction, Con- Social Security. In spite of the fact take policies that encourage a robust, gress would be officially ‘‘lock boxing’’

VerDate 11-MAY-2000 04:51 Oct 12, 2000 Jkt 089060 PO 00000 Frm 00102 Fmt 4624 Sfmt 0634 E:\CR\FM\G11OC6.165 pfrm01 PsN: S11PT1 October 11, 2000 CONGRESSIONAL RECORD — SENATE S10265 not only the Social Security surplus, impeached me. The editorial writers which will also take part of the 10 year but the Medicare surplus as well. Thus, would have said I had gone crazy, espe- budget surplus. some $198 billion—the amount CBO pre- cially when my mantra when I came If you add up all of the numbers, in- dicts—will be in surplus for those two into office was, ‘‘gone are the days cluding appropriations bills that have funds. when public officials are measured by passed and those that are anticipated In addition to ‘‘lock-boxing’’ Social how much they spend on a problem. to pass and include the projected $200 Security and Medicare, the legislation The new realities dictate that public billion worth of tax reductions for the would appropriate $42 billion of the fis- officials are now judged on whether next 10 years, as well as the additional cal year 2001 on-budget surplus projec- they can work harder and smarter and interest costs generated by Congress’ tion toward debt reduction. do more with less.’’ spending and reducing taxes, then Con- The remaining 10 percent—or $28 bil- And Mr. President I hate to think gress will have reduced the 10 year pro- lion—would be divided and used to what the voters would have done to jected budget surplus by some $750 bil- cover whatever tax cuts or necessary me. lion. Let’s not let that happen. and reasonable spending increases that Many of my colleagues do not seem If Congress intends to spend money needed to be made. to consider that each separate appro- on implementing programs, we need to Even though it is not perfect legisla- priations bill adds-up. There is no sense tighten our belts on our current spend- tion, I support H.R. 5173, because in my of concern that one particular appro- ing and not squander our on-budget view, it is the best chance for Congress priations bill increases its spending surplus on the kinds of wasteful spend- this year to make another significant from FY 2000 by 20 percent, because it’s ing included in the various fiscal year payment on the national debt while only $2 billion to $3 billion more than 2001 appropriations bills. We cannot keeping a tight lid on spending. Unfor- last year. Or, some may say we need to forget that we are facing a Social Secu- tunately, the ‘‘90–10’’ bill has never spend an extra billion dollars or so on rity and Medicare funding crisis in the achieved the same kind of support here this or that program because we have a near future, and if we can’t prioritize in the Senate as it did in the House, huge surplus and we can afford it. our spending now, we will not be able and therefore, the types of controls the In a $1.7 trillion overall budget, I can to keep these programs solvent at their bill would have put on spending will see how someone may got caught up in current level of benefits. The young not be enacted in the Senate. that logic. people here who are pages will have Instead, I fear that with the end of However, in the words of Everett that burden right on their backs. session ‘‘rush to get out of town,’’ Con- Dirksen: That’s why I believe the best course gress and the President are engaged in A billion here, and a billion there, and of action we can take is to use what- a spending spree the likes of which we pretty soon you’re talking about real money. ever on-budget surplus we achieve to haven’t seen since LBJ’s Great Soci- It is all real money—real taxpayer’s pay down the national debt. ety. While I am concerned that the money. Congress and the President For three decades, we borrowed from President wants additional spending, I have got to admit that we cannot fund our children, mortgaging their future am particularly alarmed at the fact everything that we want. We have got for our present. And now, when times that many of my colleagues are trying to make hard choices with respect to are good and we have the most ideal their hardest to outspend the Presi- spending if we are ever going to bring situation to set things right, we cannot dent. Under this scenario, it’s no won- our debt under control. continue down the same flawed path as der H.R. 5173 never had a chance. The American people know that the before. Have we learned nothing? Although we have not yet passed all spending Congress is engaged in right Our current economic situation is of the fiscal year 2001 appropriations now must be accounted for somewhere, our second chance to pay our children bills, the amount that spending has in- because they know there is no such what we owe and ensure fiscal solvency creased in the bills that have been thing as a free lunch. They know that for future generations. We have an ob- passed is quite disturbing: particularly ultimately they are the ones paying for ligation to our children—indeed, a when compared to the Consumer Price what I like to refer to as a Congres- moral obligation—to pay down the na- Index, which is 2.7 percent. sional ‘‘feeding frenzy.’’ tional debt and rein-in our spending in For instance, the fiscal year 2001 En- They want us to make the hard deci- order to give them back their competi- ergy and Water appropriations bill that sions and most of all, they want us to tive edge. If we do not act now, I fear was just vetoed spends 12 percent more pay down the national debt. When I go we will not get another chance to do than its FY 2000 counterpart; the FY home to Ohio my constituents say to the right thing. 2001 Interior appropriations bill rep- me: Senator, we want you to pay down EXHIBIT 1 resents a 26 percent increase; and the the national debt. [From the Washington Post, Oct. 11, 2000] FY 2001 Transportation appropriations On one other last note, Mr. Presi- HEEDLESS OF THE DEFICITS AHEAD bill that we passed last Friday in- dent—if you take the 9.3 percent in- creased its discretionary spending by crease in non-defense discretionary (By David S. Broder) about 25 percent. So far, Congressional spending from fiscal year 1999 to fiscal On the morning after last week’s vice pres- spending in fiscal year 2001 is on-track year 2000, and the rate of increase pro- idential debate, Charles O. Jones, the Uni- versity of Wisconsin political scientist and to make the 9.3 percent fiscal year 2000 jected in the fiscal year 2001 budget, we scholar of the presidency, remarked that the non-defense discretionary spending in- are blowing a big hole in the CBO 10 nation had witnessed ‘‘a great civic event,’’ a crease look like ‘‘chump change.’’ year projected budget surplus. civil, substantive discussion of serious policy I would like to say to the citizens of The 10 year CBO budget surplus is matters between two highly competent pub- Ohio that there are many good things predicated on a 2.7 percent increase in lic officials, Joe Lieberman and Dick Che- in those bills that I would have liked to Federal spending over 10 years. ney. support, but spending increases of this We must remember that the on-budg- In fact, Jones said, ‘‘we are having a good kind are just outrageous. et surplus also includes the Medicare election, something you don’t often get in What we should have been doing with surplus, and if we are ever successful at good times.’’ Contrast the contest being waged by Al Gore and George W. Bush, he these appropriations bills is passing Medicare ‘‘lock box’’ legisla- went on, with the last race conducted in a prioritizing our spending and living tion, those funds will be off the table healthy economy and at a time when no in- within the budget resolution that we for spending. Consider also the Medi- cumbent president was on the ballot. passed in the beginning of the year. care giveback which we must have to That would be 1988, when the father of the Maybe I should ask my colleagues, if stabilize this country’s healthcare sys- current Republican nominee squared off, as we are not going to live within the pa- tem which will also take part of the 10 vice president, against Massachusetts Gov. rameters of the budget resolution, then year budget surplus; a prescription Michael Dukakis. If the winning campaign of drug benefit that everyone agrees we 1988 is remembered at all, the enduring im- why did we spend to much time on it? ages are the flag factories the elder George If, when I was Governor, I had ever must implement which will also take Bush visited in an implicit challenge to gone to the Ohio legislature and told part of the 10 year budget surplus; we Dukakis’s patriotism and the Willie Horton them I wanted to increase the budget must spend more money to stabilize ads his supporters aired. And the hapless by 25 or 26 percent, they would have and improve our national defense Democratic effort was symbolized by

VerDate 11-MAY-2000 04:51 Oct 12, 2000 Jkt 089060 PO 00000 Frm 00103 Fmt 4624 Sfmt 0634 E:\CR\FM\A11OC6.117 pfrm01 PsN: S11PT1 S10266 CONGRESSIONAL RECORD — SENATE October 11, 2000 Dukakis’s tank ride and his lame, emotion- I yield the floor and suggest the ab- AMENDMENT NO. 4305 less answer to Bernard Shaw’s question sence of a quorum. Mr. WARNER. Mr. President, Sen- about how he would respond if someone The PRESIDING OFFICER. The ators GRAMM and ENZI have an amend- raped and murdered Kitty Dukakis. We’ve come a long way from that, with the clerk will call the roll. ment at the desk, and I ask for its im- four nominees for president and vice presi- The legislative clerk proceeded to mediate consideration. dent arguing about such genuinely impor- call the roll. The PRESIDING OFFICER. The tant topics as defense, education, Social Se- Mr. WARNER. Mr. President, I ask clerk will report. curity and health care. unanimous consent that the order for The legislative clerk read as follows: But before we get too giddy in celebrating the quorum call be rescinded. The Senator from Virginia [Mr. WARNER], our good fortune, let it be noted that histo- for Mr. GRAMM, for himself and Mr. ENZI, rians are almost certain to remark on the The PRESIDING OFFICER. Without purposeful myopia of the candidates in this objection, it is so ordered. proposes an amendment numbered 4305. first election of the new millennium, their f The amendment is as follows: deliberate refusal to acknowledge and dis- (Purpose: To provide for a simple one-year cuss one of the biggest realities of our na- APPOINTMENT extension of the Export Administration tional life: The glorious federal budget sur- The PRESIDING OFFICER. The Act of 1979) pluses they are happily parceling out for Strike all after the enacting clause and in- their favorite programs and tax cuts are a Chair, on behalf of the Vice President, sert in lieu thereof the following: short-term phenomenon, soon to be followed in accordance with 22 U.S.C. 1928a– Section 20 of the Export Administration by crippling deficits, unless we make some 1928d, as amended appoints the fol- Act of 1979 (50 U.S.C. App. 2419) is amended hard choices in the next few years. lowing Senators as members of the In this respect, the 2000 campaign is remi- by striking ‘‘August 20, 1994’’ and inserting Senate Delegation to the NATO Par- in lieu thereof ‘‘August 20, 2001’’. niscent of 1988—but worse. In that year, liamentary Assembly during the Sec- Dukakis and the elder Bush avoided dis- ond Session of the 106th Congress, to be Mr. WARNER. Mr. President, I ask cussing the savings and that year, Dukakis unanimous consent that the amend- and the elder Bush avoided discussing the held in Berlin, Germany, November 17– 22, 2000: The Senator from Iowa, Mr. ment be agreed to, the bill, as amend- savings and loan crisis both of them knew ed, be read the third time and passed, was around the corner. The reason: There GRASSLEY; the Senator from Arkansas, the motion to reconsider be laid upon were no easy answers, just bad news and an Mr. HUTCHINSON; the Senator from the table, and any statements relating expensive bailout in store. Maryland, Mr. SARBANES, and the Sen- to the bill be printed in the RECORD. What we now confront is much, much big- ator from Maryland, Ms. MIKULSKI. ger than the savings and loan bailout. Its di- The PRESIDING OFFICER. Without mensions were outlined last week in a report f objection, it is so ordered. from the nonpartisan Congressional Budget NATIONAL MUSEUM OF THE The amendment (No. 4305) was agreed Office (CBO)—a report that did not make the to. front page of any of the papers I read and AMERICAN INDIAN COMMEMORA- that was ignored by most of the TV news TIVE COIN ACT OF 2000 The bill (H.R. 5239), as amended, was read the third time and passed. shows. Mr. WARNER. Mr. President, I ask Here’s what it said: Assuming that the new f president uses the expected surplus in Social unanimous consent that the Senate Security of $2.4 trillion over the next 10 proceed to the consideration of H.R. PROVIDING FOR DISPOSITION AND years to pay down the national debt, as Gore 4259, which is at the desk. ARCHIVING OF RECORDS OF and Bush say they will do, the government The PRESIDING OFFICER. The JOINT CONGRESSIONAL COMMIT- may be able to balance its books until about clerk will report the bill by title. TEES ON INAUGURAL CERE- 2020. The legislative clerk read as follows: MONIES But then the retirement and health care costs of the huge baby boom generation and A bill (H.R. 4259) to require the Secretary Mr. WARNER. Mr. President, I ask the shrinkage in the number of Americans of the Treasury to mint coins in commemo- unanimous consent that the Senate working and paying taxes will once again ration of the National Museum of the Amer- proceed to the immediate consider- ican Indian of the Smithsonian Institution, create a serious imbalance—and push us ation of S. Con. Res. 148, submitted back into debt. and for other purposes. earlier today by Senator MCCONNELL. In the estimate of the CBO, ‘‘If the na- There being no objection, the Senate tion’s leaders do not change current policies The PRESIDING OFFICER. The proceeded to consider the bill. clerk will report the concurrent resolu- to eliminate that imbalance, federal deficits Mr. WARNER. Mr. President, I ask are likely to reappear and eventually drive tion by title. federal debt to unsustainable levels.’’ A unanimous consent that the bill be The legislative clerk read as follows: chart accompanying the report shows the read the third time and passed, the mo- tion to reconsider be laid upon the A concurrent resolution (S. Con. Res. 148) public debt in 2040 rising to 60 percent of the to provide for the disposition and archiving estimated size of that year’s economy—cre- table, and any statements relating to of the records, files, documents, and other ating a burden on the next generation of the bill be printed in the RECORD. materials of Joint Congressional Commit- Americans half again as large as the accu- The PRESIDING OFFICER. Without tees on inaugural ceremonies. mulated debt of the past is on us. As The Post’s Glenn Kessler noted in his objection, it is so ordered. There being no objection, the Senate news story, ‘‘The report underscores how The bill (H.R. 4259) was read the third proceeded to consider the concurrent campaign rhetoric has become increasingly time and passed. resolution. separated from the budget reality that will f Mr. MCCONNELL. Mr. President, ear- face the next president.’’ While Bush pushes lier this year the Joint Congressional his trillion-dollar tax cut and tries to keep EXPORT ADMINISTRATION MODI- up with Gore’s promises of new prescription Committee on Inaugural Ceremonies FICATION AND CLARIFICATION held an organizational meeting to offi- drug benefits, 100,000 teachers and 50,000 ACT OF 2000 cops, neither one is preparing the public for cially begin preparations for the next the steps that are needed to rein in runaway Mr. WARNER. Mr. President, I ask Presidential Inauguration hosted by health care costs—the largest single force unanimous consent that the Banking Congress to be held on Saturday, Janu- driving us back into deficits. Committee be discharged from further ary 20, 2001. By 2040, according to the best available consideration of H.R. 5239 and the Sen- Next year marks more historic mile- data, the percentage of Americans over 65 ate then proceed to its immediate con- will rise from 13 percent to almost 21 per- stones as it will be the 200th anniver- cent. The share of working-age Americans, sideration. sary of the first Presidential Inaugura- between 20 and 64, will decline by 3 points of The PRESIDING OFFICER. Without tion in our Nation’s Capital, the first slightly over 55 percent. The ratio of workers objection, it is so ordered. The clerk Presidential Inauguration of the 21st to retirees will drop from almost 5 to 1 down will report the bill by title. Century, and, not least of all, the first to less than 3 to 1. Unless we begin now to re- The legislative clerk read as follows: inauguration of the new millennium. organize our dysfunctional health care sys- A bill (H.R. 5239) to provide for increased 2001 also marks the 100th birthday of tem and take steps to rationalize provisions penalties for violations of the Export Admin- the Joint Congressional Committee on for retirement income, the demographic istration Act of 1979, and for other purposes. wave will sink us. Inaugural Ceremonies, an entity which Someone has to force the candidates to There being no objection, the Senate I am greatly honored to serve as Chair- confront that reality. proceeded to consider the bill. man.

VerDate 11-MAY-2000 04:51 Oct 12, 2000 Jkt 089060 PO 00000 Frm 00104 Fmt 4624 Sfmt 0634 E:\CR\FM\A11OC6.121 pfrm01 PsN: S11PT1 October 11, 2000 CONGRESSIONAL RECORD — SENATE S10267 As we approach adjournment for this U.S. SENATOR MITCH MCCONNELL NAMED The PRESIDING OFFICER. Without Congress, let us look forward with CHAIRMAN OF THE JOINT CONGRESSIONAL objection, it is so ordered. great anticipation and excitement to COMMITTEE ON INAUGURAL CEREMONIES The concurrent resolution (S. Con. our Nation’s 54th Presidential Inau- WASHINGTON, DC.—U.S. Senator Mitch Res. 148) was agreed to, as follows: McConnell (R–KY), Chairman of the Senate guration and celebrate this remarkable S. CON. RES. 148 Committee on Rules and Administration, American tradition in which the peace- today was appointed Chairman of the Joint Resolved by the Senate (the House of Rep- ful transference of power takes place Congressional Committee on Inaugural Cere- resentatives concurring), with all our citizens as witnesses. monies. SECTION 1. RECORDS OF EACH JOINT CONGRES- SIONAL COMMITTEE ON INAUGURAL In 1789, our Nation’s Father and first Joining McConnell on the committee are Majority Leader Trent Lott (R–MS), Senator CEREMONIES. President, George Washington, recited Christopher Dodd (D–CT), Speaker of the (a) IN GENERAL.—Upon the conclusion of the oath of office on the Balcony of House J. Dennis Hastert (R–IL), House Ma- the business of a joint congressional com- Federal Hall in New York City. By 1801, jority Leader Richard Armey (R–TX) and mittee on Presidential inaugural ceremonies the seat of the U.S. Government had House Minority Leader Richard Gephardt and the closing out of its affairs, all records, moved from New York City, to Phila- (D–MO). files, documents, and other materials in the The members met today and appointed possession, custody, or control of the joint delphia, and finally to Washington, committee shall be transferred subject to— D.C. McConnell as the Chairman of the Joint Con- gressional Committee, approved the commit- (1) such terms and conditions relating to On March 4, 1801, Thomas Jefferson tee’s budget and selected the West Front of access and use of such materials as the Com- became the first President to be inau- the Capitol for the location of the ceremony. mittee on Rules and Administration of the McConnell is the third Kentuckian to Chair Senate shall prescribe; and gurated at the U.S. Capitol in Wash- (2) the provisions of Senate Resolution 474 ington, D.C., in a room now known as the Congressional Committee since it was formed in 1901. (96th Congress, 2d Session). the ‘‘Old Supreme Court Chamber.’’ In ‘‘I am truly honored to have been selected (b) PRIOR RECORDS.—The records, files, 1829, Andrew Jackson became the first as Chairman of this Congressional Inaugural documents, and other materials of any joint President to be inaugurated on the Committee,’’ said McConnell. ‘‘I look for- congressional committee on Presidential in- East Front of the Capitol, where the ward to the extraordinary privilege of plan- augural ceremonies in the custody of the majority of swearing-in ceremonies ning the first Presidential Inauguration of Senate on the date of adoption of this resolu- the 21st century.’’ tion shall be shall be transferred subject to— continued to take place until the late (1) such terms and conditions relating to twentieth century. It was not until The JCCIC is charged with the planning and execution of the Inaugural activities at access and use of such materials as the Com- President Ronald Reagan’s inaugura- the Capitol: the swearing-in ceremony and mittee on Rules and Administration of the tion on January 20, 1981, that the the traditional luncheon which follows. Senate shall prescribe; and swearing-in ceremony moved to the The Presidential Inauguration will be held (2) the provisions of Senate Resolution 474 West Front of the Capitol where larger Saturday, January 20, 2001. (96th Congress, 2d Session). crowds could be accommodated. f S. CON. RES. 89 Though below-freezing temperatures in COMMEMORATING THE 20TH ANNI- 1985 forced the second Reagan inau- Resolved by the Senate (the House of Rep- resentatives concurring), VERSARY OF THE WORKERS’ gural ceremony inside to the Capitol SECTION 1. ESTABLISHMENT OF JOINT COM- STRIKES IN POLAND Rotunda, the West Front set the stand- MITTEE. Mr. WARNER. Mr. President, I ask ard for the next three Congressionally There is established a Joint Congressional unanimous consent that the Senate hosted ceremonies. The 2001 Presi- Committee on Inaugural Ceremonies (in this now proceed to the immediate consid- dential inaugural ceremonies will con- resolution referred to as the ‘‘joint com- eration of Calendar No. 727, S. Con. tinue that tradition. mittee’’) consisting of 3 Senators and 3 Rep- resentatives, to be appointed by the Presi- Res. 131. It is interesting to note that until dent of the Senate and the Speaker of the The PRESIDING OFFICER. The 1901 the Presidential inaugural cere- House of Representatives, respectively. The clerk will report the concurrent resolu- monies were planned and conducted joint committee is authorized to make the tion by title. solely by the Senate. A century later, necessary arrangements for the inauguration The legislative clerk read as follows: of the President-elect and Vice President- the Joint Congressional Committee on A bill (S. Con. Res. 131) commemorating elect of the United States on January 20, Inaugural Ceremonies brings together the 20th anniversary of the workers’ strikes 2001. the Senate and the House of Represent- in Poland that led to the creation of the atives in welcoming America’s Presi- SEC. 2. SUPPORT OF THE JOINT COMMITTEE. independent trade union Solidarnosc, and for The joint committee— other purposes. dent-elect to the Capitol for the public (1) is authorized to utilize appropriate swearing-in ceremony. equipment and the services of appropriate There being no objection, the Senate proceeded to consider the concurrent Upon undertaking this endeavor, it personnel of departments and agencies of the Federal Government, under arrangements resolution, which had been reported became apparent that steps needed to between the joint committee and the heads from the Committee on Foreign Rela- be taken to direct that the important of those departments and agencies, in con- tions, with an amendment, amend- historic materials generated by the nection with the inaugural proceedings and ments to the preamble, and an amend- JCCIC were preserved. For a com- ceremonies; and ment to the title. mittee reconstituted every four years, (2) may accept gifts and donations of goods (Omit the part in bold face brackets these documents are critical tools for and services to carry out its responsibilities. and insert the part printed in italic.) conducting this massive quadrennial event. To ensure these materials are S. CON. RES. 90 S. CON. RES. 131 preserved in an appropriate manner, I Resolved by the Senate (the House of Rep- Whereas, in July and August of 1980, Polish resentatives concurring), am introducing a resolution to estab- workers went on strike to protest com- SECTION 1. USE OF THE ROTUNDA OF THE CAP- munist oppression and demand greater polit- lish the procedures for archiving the ITOL. ical freedom; records of the Joint Congressional The rotunda of the United states Capitol is Whereas, in the shipyards of Gdansk and Committee on Inaugural Ceremonies. authorized to be used on January 20, 2001, by Szczecin, workers’ committees coordinated Mr. President, I ask unanimous con- the Joint Congressional Committee on Inau- these strikes and ensured that the strikes gural Ceremonies in connection with the pro- sent that a press release which docu- were peaceful and orderly and did not pro- ceedings and ceremonies conducted for the mote acts of violence; ments the May 24 organizational meet- inauguration of the President-elect and the Whereas workers’ protests against the ing of the Joint Congressional Com- Vice President-elect of the United States. communist authorities in Poland were sup- mittee on Inaugural Ceremonies and Mr. WARNER. Mr. President, I ask ported by the Polish people and the inter- the text of Senate Concurrent Resolu- unanimous consent that the concur- national community of democracies; tions 89 and 90 be printed in the rent resolution be agreed to, the mo- Whereas, on August 30 and 31 of 1980, the RECORD. communist government of the People’s Re- tion to reconsider be laid upon the public of Poland yielded to the 21 demands of There being no objection, the mate- table, and any statements relating to the striking workers, including the release of rial was ordered to be printed in the the concurrent resolution be printed in all political prisoners, including Jacek RECORD, as follows: the RECORD. Kuron and Adam Michnik, the broadcasting

VerDate 11-MAY-2000 04:51 Oct 12, 2000 Jkt 089060 PO 00000 Frm 00105 Fmt 4624 Sfmt 0634 E:\CR\FM\A11OC6.125 pfrm01 PsN: S11PT1 S10268 CONGRESSIONAL RECORD — SENATE October 11, 2000 of religious services on television and radio, The amendment to the resolution Resolved by the Senate (the House of Rep- and the right to establish independent trade was agreed to. resentatives concurring), That Congress— unions; The resolution (S. Con. Res. 131), as (1) commemorates the 20th anniversary of Whereas´ ´from these agreements emerged amended, was agreed to. the workers’ strikes in Poland that led to Solidarnosc, the first independent trade The amendments to the preamble the creation´ ´ of the independent trade union union in the communist bloc, led by Lech were agreed to. Solidarnosc; and Walesa, an electrician ´from´ Gdansk; (2) honors the leaders of Poland who risked Whereas Solidarnosc and its 10,000,000 The preamble, as amended, was and lost their lives in attempting to restore members became a great social movement in agreed to. democracy in their country and to return Poland that was committed to promoting The resolution, as amended, with its Poland to the democratic community of na- fundamental human rights, democracy, and preamble, as amended, reads as follows: tions. Polish independence; S. CON. RES. 131 The title was amended so as to read: Whereas,´ ´ during its first congress in 1981, Whereas, in July and August of 1980, Polish Solidarnosc issued a proclamation urging ‘‘Concurrent resolution commemo- workers went on strike to protest com- rating the 20th anniversary of the workers in Soviet-bloc countries to resist munist oppression and demand greater polit- their communist governments and to strug- ical freedom; workers’ strikes in Poland that led to gle for freedom and democracy; Whereas, in the shipyards of Gdansk and the creation of the independent trade Whereas the communist government of Po- Szczecin, workers’ committees coordinated union Solidarnosc, and for other pur- land introduced martial law in December these strikes and ensured that the strikes poses.’’ 1981 in an attempt to block the growing po- were peaceful and orderly and did not pro- f litical and´ ´ social influence of the mote acts of violence; Solidarnosc movement;´ ´ Whereas workers’ protests against the SANTO DOMINGO PUEBLO CLAIMS Whereas Solidarnosc remained a powerful communist authorities in Poland were sup- SETTLEMENT ACT OF 2000 and political force that resisted the efforts of ported by the Polish people and the inter- Mr. WARNER. Mr. President, I ask Poland’s communist government to suppress national community of democracies; the desire of the Polish people for freedom, Whereas, on August 30 and 31 of 1980, the unanimous consent that the Energy democracy, and independence from the So- communist government of the People’s Re- Committee be discharged from further viet Union; public of Poland yielded to the 21 demands of consideration of S. 2917, and the Senate Whereas, in February ø1999¿ 1989, the com- the striking workers, including the release of then proceed to its immediate consid- munist government of Poland agreed to´ ´ con- all political prisoners, including Jacek eration. duct roundtable talks with Solidarnosc that Kuron and Adam Michnik, the broadcasting led to elections to the National Assembly in The PRESIDING OFFICER. Without of religious services on television and radio, objection, it is so ordered. The clerk June of that year, in which nearly all open and the right to establish independent trade will report the bill by title. seats were´ ´ won by candidates supported by unions; Solidarnosc; The legislative clerk read as follows: Whereas´ ´from these agreements emerged Whereas, on August 19, ø1999¿ 1989, Soli- Solidarnosc, the first independent trade A bill (S. 2917) to settle the land claims of darity leader Tadeusz Mazowiecki was asked union in the communist bloc, led by Lech the Pueblo of Santo Domingo. to serve as Prime Minister of Poland and on Walesa, an electrician from Gdansk; There being no objection, the Senate September 12, ø1999¿ 1989, the Polish Sejm ´ ´ Whereas Solidarnosc and its 10,000,000 proceeded to consider the bill. voted to approve Prime Minister Mazowiecki members became a great social movement in and his cabinet, Poland’s first noncommu- Poland that was committed to promoting Mr. WARNER. I ask unanimous con- nist government in 4 decades; fundamental human rights, democracy, and sent that the bill be read a third time Whereas, on December 9, 1990, Lech Walesa Polish independence; and passed, the motion to reconsider be was elected President of Poland; ´ ´ Whereas,´ ´ during its first congress in 1981, laid upon the table, and that any state- Whereas the Solidarnosc movement, by its Solidarnosc issued a proclamation urging ments relating to the bill be printed in courage and example, initiated political workers in Soviet-bloc countries to resist the RECORD. transformations in other countries in Cen- their communist governments and to strug- The PRESIDING OFFICER. Without tral and Eastern Europe and thereby initi- gle for freedom and democracy; objection, it is so ordered. ated the collapse of the Soviet Bloc in 1989; Whereas the communist government of Po- and land introduced martial law in December The bill (S. 2917) was read the third Whereas, since the time Poland freed itself 1981 in an attempt to block the growing po- time and passed, as follows: from communist domination, Polish-Amer- litical and´ ´ social influence of the S. 2917 ican relations have transformed from part- Solidarnosc movement;´ ´ Be it enacted by the Senate and House of Rep- nership to alliance, a transition marked by Whereas Solidarnosc remained a powerful resentatives of the United States of America in Poland’s historic accession to the North At- and political force that resisted the efforts of Congress assembled, lantic Treaty Organization in March 1999: Poland’s communist government to suppress SECTION 1. SHORT TITLE. Now, therefore, be it the desire of the Polish people for freedom, This Act may be cited as the ‘‘Santo Do- Resolved by the Senate (the House of Rep- democracy, and independence from the So- mingo Pueblo Claims Settlement Act of resentatives concurring), That Congress— viet Union; 2000’’. (1) commemorates the 20th anniversary of Whereas, in February 1989, the communist the workers’ strikes in Poland that ølead¿ government of Poland agreed to conduct SEC. 2. FINDINGS AND PURPOSES. ´ ´ (a) FINDINGS.—Congress makes the fol- led to the creation´ ´ of the independent trade roundtable talks with Solidarnosc that led union Solidarnosc; and to elections to the National Assembly in lowing findings: (2) honors the leaders of Poland who risked June of that year, in which nearly all open (1) For many years the Pueblo of Santo Do- and lost their lives in attempting to restore mingo has been asserting claims to lands seats were´ ´ won by candidates supported by democracy in their country and to return Solidarnosc; within its aboriginal use area in north cen- Poland to the democratic community of na- Whereas, on August 19, 1989, Solidarity tral New Mexico. These claims have been the tions. leader Tadeusz Mazowiecki was asked to subject of many lawsuits, and a number of Amend the title to read as follows: ‘‘Con- serve as Prime Minister of Poland and on these claims remain unresolved. current resolution commemorating the 20th September 12, 1989, the Polish Sejm voted to (2) In December 1927, the Pueblo Lands anniversary of the workers’ strikes in Po- approve Prime Minister Mazowiecki and his Board, acting pursuant to the Pueblo Lands land that led to the creation of the inde- ´ ´ cabinet, Poland’s first noncommunist gov- Act of 1924 (43 Stat. 636) confirmed a survey pendent trade union Solidarnosc, and for ernment in 4 decades; of the boundaries of the Pueblo of Santo Do- other purposes.’’. Whereas, on December 9, 1990, Lech Walesa mingo Grant. However, at the same time the Mr. WARNER. Mr. President, I ask Board purported to extinguish Indian title to was elected President of Poland;´ ´ unanimous consent that the amend- Whereas the Solidarnosc movement, by its approximately 27,000 acres of lands within ment to the resolution be agreed to, courage and example, initiated political those grant boundaries which lay within 3 and the resolution, as amended, be transformations in other countries in Cen- other overlapping Spanish land grants. The agreed to, the amendments to the pre- tral and Eastern Europe and thereby initi- United States Court of Appeals in United amble be agreed to, and the preamble, ated the collapse of the Soviet Bloc in 1989; States v. Thompson (941 F.2d 1074 (10th Cir. as amended, be agreed to, the motion and 1991), cert. denied 503 U.S. 984 (1992)), held Whereas, since the time Poland freed itself that the Board ‘‘ignored an express congres- to reconsider be laid upon the table, from communist domination, Polish-Amer- sional directive’’ in section 14 of the Pueblo the amendment to the title be agreed ican relations have transformed from part- Lands Act, which ‘‘contemplated that the to, and any statements relating to this nership to alliance, a transition marked by Pueblo would retain title to and possession resolution be printed in the RECORD. Poland’s historic accession to the North At- of all overlap land’’. The PRESIDING OFFICER. Without lantic Treaty Organization in March 1999: (3) The Pueblo of Santo Domingo has as- objection, it is so ordered. Now, therefore, be it serted a claim to another 25,000 acres of land

VerDate 11-MAY-2000 04:51 Oct 12, 2000 Jkt 089060 PO 00000 Frm 00106 Fmt 4624 Sfmt 0634 E:\CR\FM\A11OC6.128 pfrm01 PsN: S11PT1 October 11, 2000 CONGRESSIONAL RECORD — SENATE S10269

based on the Pueblo’s purchase in 1748 of the (3) PUEBLO.—The term ‘‘Pueblo’’ means the (B) to expand, reduce, or otherwise impair Diego Gallegos Grant. The Pueblo possesses Pueblo of Santo Domingo. any rights which the Pueblo or its members the original deed reflecting the purchase (4) SANTO DOMINGO PUEBLO GRANT.—The may have under existing Federal statutes under Spanish law but, after the United term ‘‘Santo Domingo Pueblo Grant’’ means concerning religious and cultural access to States assumed sovereignty over New Mex- all of the lands within the 1907 Hall-Joy Sur- and uses of the public lands. ico, no action was taken to confirm the vey, as confirmed by the Pueblo Lands Board (3) CONFIRMATION OF DETERMINATION.—The Pueblo’s title to these lands. Later, many of in 1927. Pueblo Lands Board’s determination on page these lands were treated as public domain, (5) SECRETARY.—The term ‘‘Secretary’’ 1 of its Report of December 28, 1927, that and are held today by Federal agencies, the means the Secretary of the Interior unless Santo Domingo Pueblo title, derived from State Land Commission, other Indian tribes, expressly stated otherwise. the Santo Domingo Pueblo Grant to the and private parties. The Pueblo’s lawsuit as- (6) SETTLEMENT AGREEMENT.—The term lands overlapped by the La Majada, Sitio de serting this claim, Pueblo of Santo Domingo ‘‘Settlement Agreement’’ means the Settle- Juana Lopez and Mesita de Juana Lopez v. Rael (Civil No. 83–1888 (D.N.M.)), is still ment Agreement dated May 26, 2000, between Grants has been extinguished is hereby con- pending. the Departments of the Interior, Agri- firmed as of the date of that Report. (4) The Pueblo of Santo Domingo’s claims culture, and Justice and the Pueblo of Santo (4) TRANSFERS PRIOR TO ENACTMENT.— against the United States in docket No. 355 Domingo to Resolve All of the Pueblo’s Land (A) IN GENERAL.—In accordance with the under the Act of August 13, 1946 (60 Stat. Title and Trespass Claims. Settlement Agreement, any transfer of land 1049; commonly referred to as the Indian SEC. 4. RATIFICATION OF SETTLEMENT AGREE- or natural resources, prior to the date of en- Claims Commission Act) have been pending MENT. actment of this Act, located anywhere with- since 1951. These claims include allegations The Settlement Agreement is hereby ap- in the United States from, by, or on behalf of of the Federal misappropriation and mis- proved and ratified. the Pueblo, or any of the Pueblo’s members, management of the Pueblo’s aboriginal and SEC. 5. RESOLUTION OF DISPUTES AND CLAIMS. shall be deemed to have been made in ac- Spanish grant lands. (a) RELINQUISHMENT, EXTINGUISHMENT, AND cordance with the Act of June 30, 1834 (4 (5) Litigation to resolve the land and tres- COMPROMISE OF SANTO DOMINGO CLAIMS.— Stat. 729; commonly referred to as the Trade pass claims of the Pueblo of Santo Domingo (1) EXTINGUISHMENT.— and Intercourse Act), section 17 of the Act of would take many years, and the outcome of (A) IN GENERAL.—Subject to paragraph (2), June 7, 1924 (43 Stat. 641; commonly referred such litigation is unclear. The pendency of in consideration of the benefits provided to as the Pueblo Lands Act), and any other these claims has clouded private land titles under this Act, and in accordance with the provision of Federal law that specifically ap- and has created difficulties in the manage- Settlement Agreement pursuant to which plies to transfers of land or natural resources ment of public lands within the claim area. the Pueblo has agreed to relinquish and com- from, by, or on behalf of an Indian tribe, and (6) The United States and the Pueblo of promise certain claims, the Pueblo’s land such transfers shall be deemed to be ratified Santo Domingo have negotiated a settlement and trespass claims described in subpara- effective as of the date of the transfer. to resolve all existing land claims, including graph (B) are hereby extinguished, effective (B) RULE OF CONSTRUCTION.—Nothing in the claims described in paragraphs (2) as of the date specified in paragraph (5). subparagraph (A) shall be construed to affect through (4). (B) CLAIMS.—The claims described in this or eliminate the personal claim of any indi- (b) PURPOSE.—It is the purpose of this subparagraph are the following: vidual Indian which is pursued under any law Act— (i) With respect to the Pueblo’s claims of general applicability that protects non-In- (1) to remove the cloud on titles to land in against the United States, its agencies, offi- dians as well as Indians. the State of New Mexico resulting from the cers, and instrumentalities, all claims to (5) EFFECTIVE DATE.—The provisions of claims of the Pueblo of Santo Domingo, and land, whether based on aboriginal or recog- paragraphs (1), (3), and (4) shall take effect to settle all of the Pueblo’s claims against nized title, and all claims for damages or upon the entry of a compromise final judg- the United States and third parties, and the other judicial relief or for administrative ment, in a form and manner acceptable to land, boundary, and trespass claims of the remedies pertaining in any way to the Pueb- the Attorney General, in the amount of Pueblo in a fair, equitable, and final manner; lo’s land, such as boundary, trespass, and $8,000,000 in the case of Pueblo of Santo Do- (2) to provide for the restoration of certain mismanagement claims, including any claim mingo v. United States (Indian Claims Com- lands to the Pueblo of Santo Domingo and to related to— confirm the Pueblo’s boundaries; (I) any federally administered lands, in- mission docket No. 355). The judgment so en- (3) to clarify governmental jurisdiction cluding National Forest System lands des- tered shall be paid from funds appropriated over the lands within the Pueblo’s land ignated in the Settlement Agreement for pursuant to section 1304 of title 31, United claim area; and possible sale or exchange to the Pueblo; States Code. (4) to ratify a Settlement Agreement be- (II) any lands owned or held for the benefit (b) TRUST FUNDS; AUTHORIZATION OF AP- tween the United States and the Pueblo of any Indian tribe other than the Pueblo; PROPRIATIONS.— which includes— and (1) ESTABLISHMENT.—There is hereby estab- (A) the Pueblo’s agreement to relinquish (III) all claims which were, or could have lished in the Treasury a trust fund to be and compromise its land and trespass claims; been brought against the United States in known as the ‘‘Pueblo of Santo Domingo (B) the provision of $8,000,000 to com- docket No. 355, pending in the United States Land Claims Settlement Fund’’. Funds de- pensate the Pueblo for the claims it has pur- Court of Federal Claims. posited in the Fund shall be subject to the sued pursuant to the Act of August 13, 1946 (ii) With respect to the Pueblo’s claims following conditions: (60 Stat. 1049; commonly referred to as the against persons, the State of New Mexico (A) The Fund shall be maintained and in- Indian Claims Commission Act); and its subdivisions, and Indian tribes other vested by the Secretary of the Interior pur- (C) the transfer of approximately 4,577 than the Pueblo, all claims to land, whether suant to the Act of June 24, 1938 (25 U.S.C. acres of public land to the Pueblo; based on aboriginal or recognized title, and 162a). (D) the sale of approximately 7,355 acres of all claims for damages or other judicial re- (B) Subject to the provisions of paragraph national forest lands to the Pueblo; and lief or for administrative remedies per- (3), monies deposited into the Fund may be (E) the authorization of the appropriation taining in any way to the Pueblo’s land, such expended by the Pueblo to acquire lands of $15,000,000 over 3 consecutive years which as boundary and trespass claims. within the exterior boundaries of the exclu- would be deposited in a Santo Domingo (iii) All claims listed on pages 13894–13895 sive aboriginal occupancy area of the Pueb- Lands Claims Settlement Fund for expendi- of volume 48 of the Federal Register, pub- lo, as described in the Findings of Fact of the ture by the Pueblo for land acquisition and lished on March 31, 1983, except for claims Indian Claims Commission, dated May 9, other enumerated tribal purposes. numbered 002 and 004. 1973, and for use for education, economic de- (c) RULE OF CONSTRUCTION.—Nothing in (2) RULE OF CONSTRUCTION.—Nothing in this velopment, youth and elderly programs, or this Act shall be construed to effectuate an Act (including paragraph (1)) shall be for other tribal purposes in accordance with extinguishment of, or to otherwise impair, construed— plans and budgets developed and approved by the Pueblo’s title to or interest in lands or (A) to in any way effectuate an extinguish- the Tribal Council of the Pueblo and ap- water rights as described in section 5(a)(2). ment of or otherwise impair— proved by the Secretary. SEC. 3. DEFINITIONS. (i) the Pueblo’s title to lands acquired by (C) If the Pueblo withdraws monies from In this Act: or for the benefit of the Pueblo since Decem- the Fund, neither the Secretary nor the Sec- (1) FEDERALLY ADMINISTERED LANDS.—The ber 28, 1927, or in a tract of land of approxi- retary of the Treasury shall retain any over- term ‘‘federally administered lands’’ means mately 150.14 acres known as the ‘‘sliver sight over or liability for the accounting, lands, waters, or interests therein, adminis- area’’ and described on a plat which is appen- disbursement, or investment of such with- tered by Federal agencies, except for the dix H to the Settlement Agreement; drawn monies. lands, waters, or interests therein that are (ii) the Pueblo’s title to land within the (D) No portion of the monies described in owned by, or for the benefit of, Indian tribes Santo Domingo Pueblo Grant which the subparagraph (C) may be paid to Pueblo or individual Indians. Pueblo Lands Board found not to have been members on a per capita basis. (2) FUND.—The term ‘‘Fund’’ means the extinguished; or (E) The acquisition of lands with monies Pueblo of Santo Domingo Land Claims Set- (iii) the Pueblo’s water rights appurtenant from the Fund shall be on a willing-seller, tlement Fund established under section to the lands described in clauses (i) and (ii); willing-buyer basis, and no eminent domain 5(b)(1). and authority may be exercised for purposes of

VerDate 11-MAY-2000 04:51 Oct 12, 2000 Jkt 089060 PO 00000 Frm 00107 Fmt 4624 Sfmt 0634 E:\CR\FM\A11OC6.130 pfrm01 PsN: S11PT1 S10270 CONGRESSIONAL RECORD — SENATE October 11, 2000 authority may be exercised for purposes of agement practices on such lands, including Instead, last week HCFA released a acquiring lands for the benefit of the Pueblo the harvest of timber in the event of fire, notice of proposed rulemaking that pursuant to this Act. disease, or insect infestation; and sanctions the de facto abuse of this vi- (F) The provisions of Public Law 93–134, (5) once the Pueblo has acquired title to governing the distribution of Indian claims the former National Forest System lands, tally important program—a program judgment funds, and the plan approval re- these lands may be conveyed by the Pueblo that provides health care coverage to quirements of section 203 of Public Law 103– to the Secretary of the Interior who shall ac- 40 million low-income pregnant 412 shall not be applicable to the Fund. cept and hold such lands in the name of the women, children, individuals with dis- (2) AUTHORIZATION OF APPROPRIATIONS.— United States in trust for the benefit of the abilities, and senior citizens. This Ad- There are authorized to be appropriated Pueblo. ministration has failed to live up to its $15,000,000 for deposit into the Fund, in ac- SEC. 6. AFFIRMATION OF ACCURATE BOUND- responsibility to protect the financial cordance with the following schedule: ARIES OF SANTO DOMINGO PUEBLO integrity of the Medicaid program. Ac- (A) $5,000,000 to be deposited in the fiscal GRANT. year which commences on October 1, 2001. (a) IN GENERAL.—The boundaries of the cordingly, I am introducing legislation (B) $5,000,000 to be deposited in the next fis- Santo Domingo Pueblo Grant, as determined today to do the right thing and stop cal year. by the 1907 Hall-Joy Survey, confirmed in the draining of potentially tens of bil- (C) The balance of the funds to be depos- the Report of the Pueblo Lands Board, dated lions of dollars from this program for ited in the third consecutive fiscal year. December 28, 1927, are hereby declared to be our most vulnerable citizens. (3) LIMITATION ON DISBURSAL.—Amounts au- the current boundaries of the Grant and any thorized to be appropriated to the Fund lands currently owned by or on behalf of the The problem confronting the pro- under paragraph (2) shall not be disbursed Pueblo within such boundaries, or any lands gram is a complicated one. Through until the following conditions are met: hereinafter acquired by the Pueblo within the inappropriate use of aggregated (A) The case of Pueblo of Santo Domingo v. the Grant in fee simple absolute, shall be upper payment limits, some states Rael (No. CIV–83–1888) in the United States considered to be Indian country within the meaning of section 1151 of title 18, United have been using the Medicaid program District Court for the District of New Mex- inappropriately, including for purposes ico, has been dismissed with prejudice. States Code. (b) LIMITATION.—Any lands or interests in such as filling in holes in state budg- (B) A compromise final judgment in the lands within the Santo Domingo Pueblo amount of $8,000,000 in the case of Pueblo of ets. This has turned a program in- Grant, that are not owned or acquired by the Santo Domingo v. United States (Indian tended to provide health insurance cov- Pueblo, shall not be treated as Indian coun- Claims Commission docket No. 355) in a form erage to vulnerable populations into a try within the meaning of section 1151 of and manner acceptable to the Attorney Gen- title 18, United States Code. bank account for state projects having eral, has been entered in the United States (c) ACQUISITION OF FEDERAL LANDS.—Any nothing to do with health care. Court of Federal Claims in accordance with Federal lands acquired by the Pueblo pursu- subsection (a)(5). In fact, as I examine the current situ- ant to section 5(c)(1) shall be held in trust by ation I am vividly reminded of the (4) DEPOSITS.—Funds awarded to the Pueb- the Secretary for the benefit of the Pueblo, lo consistent with subsection (c)(2) in docket and shall be treated as Indian country within Medicaid spending scandals we con- No. 355 of the Indian Claims Commission the meaning of section 1151 of title 18, United fronted 10 years ago when dispropor- shall be deposited into the Fund. States Code. tionate share hospital program dollars (c) ACTIVITIES UPON COMPROMISE.—On the (d) LAND SUBJECT TO PROVISIONS.—Any date of the entry of the final compromise were used to build roads, bridges and lands acquired by the Pueblo pursuant to judgment in the case of Pueblo of Santo Do- highways. Let me be very clear—this section 5(c), or with funds subject to section mingo v. United States (Indian Claims Com- cannot be permitted to continue with- 5(b), shall be subject to the provisions of sec- mission docket No. 355) in the United States out endangering the program. Court of Federal Claims, and the dismissal tion 17 of the Act of June 7, 1924 (43 Stat. 641; with prejudice of the case of Pueblo of Santo commonly referred to as the Pueblo Lands The use of this complicated account- Domingo v. Rael (No. CIV–83–1888) in the Act). ing mechanism may seem dry and tech- United States District Court for the District (e) RULE OF CONSTRUCTION.—Nothing in nical—but let me assure you that the of New Mexico, whichever occurs later— this Act or in the Settlement Agreement consequences are enormous. If un- (1) the public lands administered by the shall be construed to— (1) cloud title to federally administered checked, both the General Accounting Bureau of Land Management and described Office and the Office of Inspector Gen- in section 6 of the Settlement Agreement, lands or non-Indian or other Indian lands, and consisting of approximately 4,577.10 with regard to claims of title which are ex- eral at the Department of Health and acres of land, shall thereafter be held by the tinguished pursuant to section 5; or Human Services agree that we face a United States in trust for the benefit of the (2) affect actions taken prior to the date of situation that fundamentally under- Pueblo, subject to valid existing rights and enactment of this Act to manage federally mines the fiscal integrity of the Med- rights of public and private access, as pro- administered lands within the boundaries of icaid program and circumvents the tra- vided for in the Settlement Agreement; the Santo Domingo Pueblo Grant. f ditional partnership of financial re- (2) the Secretary of Agriculture is author- sponsibility shared between the federal ized to sell and convey National Forest Sys- MEASURE READ THE FIRST and state governments. tem lands and the Pueblo shall have the ex- TIME—S. 3187 clusive right to acquire these lands as pro- I have been advised that what states Mr. WARNER. Mr. President, I un- vided for in section 7 of the Settlement are doing through upper payment lim- derstand that S. 3187 is at the desk, and Agreement, and the funds received by the its is technically not illegal. The states I ask for its first reading. Secretary of Agriculture for such sales shall are taking advantage of a loophole in be deposited in the fund established under The PRESIDING OFFICER. The the Act of December 4, 1967 (16 U.S.C. 484a) clerk will report the bill by title. HCFA regulations. It is time to close and shall be available to purchase non-Fed- The legislative clerk read as follows: that loophole fully. eral lands within or adjacent to the National A bill (S. 3187) to require the Secretary of We must act because nearly 40 mil- Forests in the State of New Mexico; Health and Human Services to apply aggre- lion of the neediest Americans rely on (3) lands conveyed by the Secretary of Ag- gate upper payment limits to non-State pub- Medicaid for needed health care serv- riculture pursuant to this section shall no licly owned or operated facilities under the ices. It is nothing short of a safety net. longer be considered part of the National medicaid program. Forest System and upon any conveyance of The program must not be undermined National Forest lands, the boundaries of the Mr. WARNER. Mr. President, I now and weakened by clever consultants Santa Fe National Forest shall be deemed ask for its second reading and object to and state budgeters. What looks like modified to exclude such lands; my own request. loopholes to some are holes in Med- The PRESIDING OFFICER. Objec- (4) until the National Forest lands are con- icaid safety net for 40 million Ameri- tion is heard. veyed to the Pueblo pursuant to this section, cans. or until the Pueblo’s right to purchase such Mr. ROTH. Mr. President, over the lands expires pursuant to section 7 of the past several months, the Finance Com- Several months ago, I began working Settlement Agreement, such lands are with- mittee has been focusing its oversight with the Administration to respond to drawn, subject to valid existing rights, from attention on an urgent problem in the this scandal. We must stop it in its any new public use or entry under any Fed- Medicaid program related to the use of tracks—while of course at the same eral land law, except for permits not to ex- time working thoughtfully and care- ceed 1 year, and shall not be identified for upper payment limits to exploit federal any disposition by or for any agency, and no Medicaid spending. The Health Care Fi- fully with those states that have be- mineral production or harvest of forest prod- nancing Administration, HCFA, had as- come dependent on the revenues gen- ucts shall be permitted, except that nothing sured me that it would solve the prob- erated through the use of upper pay- in this subsection shall preclude forest man- lem. It has not. ment limits to help them transition to

VerDate 11-MAY-2000 05:47 Oct 12, 2000 Jkt 089060 PO 00000 Frm 00108 Fmt 4624 Sfmt 0634 E:\CR\FM\A11OC6.130 pfrm01 PsN: S11PT1 October 11, 2000 CONGRESSIONAL RECORD — SENATE S10271 a more sustainable payment relation- schemes to exploit federal funding be SEC. 2. SOUTHEAST FEDERAL CENTER DEFINED. ship between the state and federal gov- tolerated. Even if HCFA is willing to In this Act, the term ‘‘Southeast Federal ernment. look the other way, I am not. We must Center’’ means the site in the southeast quadrant of the District of Columbia that is Finally, last week, after repeated think about the long-term interests of under the control and jurisdiction of the delays, this Administration released its the program and act now to stop the General Services Administration and ex- notice of proposed rulemaking—in a abuse. We should save the safety net tends from Issac Hull Avenue on the east to form much weaker than it originally for those that depend on it and save 1st Street on the west, and from M Street on intended when I first started working $127 billion over the next decade for he the north to the Anacostia River on the with HCFA on this problem last spring. American taxpayer at the same time. south, excluding an area on the river at 1st The proposed regulation is inadequate. f Street owned by the District of Columbia Instead of stopping a burgeoning Med- and a building west of Issac Hull Avenue and CORRECTING THE ENROLLMENT south of Tingey Street under the control and icaid spending scandal, the proposed OF H.R. 3244 jurisdiction of the Department of the Navy. regulation looks the other way and tol- SEC. 3. SOUTHEAST FEDERAL CENTER DEVELOP- erates the abuse of the program. Mr. WARNER. Mr. President, I ask MENT AUTHORITY. The proposed regulation permits fa- unanimous consent that the Senate (a) IN GENERAL.—The Administrator of cilities to be reimbursed for providing proceed to the immediate consider- General Services may enter into agreements services at a rate one and a half times ation of S. Con. Res. 149, which is at (including leases, contracts, cooperative that Medicare would have paid for a the desk. agreements, limited partnerships, joint ven- The PRESIDING OFFICER. The tures, trusts, and limited liability company given service. Then states are free to agreements) with a private entity to provide pocket the difference between the pay- clerk will report the concurrent resolu- tion by title. for the acquisition, construction, rehabilita- ment level and the often much lower tion, operation, maintenance, or use of the Medicaid payment rates through inter- The legislative clerk read as follows: Southeast Federal Center, including im- governmental transfers. Not only does A concurrent resolution (S. Con. Res. 149) provements thereon, or such other activities the regulation allow those who are ex- to correct the enrollment of H.R. 3244. related to the Southeast Federal Center as ploiting the program to continue to do There being no objection, the Senate the Administrator considers appropriate. so, it also invites all others to come in proceeded to consider the concurrent (b) TERMS AND CONDITIONS.—An agreement resolution. entered into under this section— and help themselves. The regulation (1) shall have as its primary purpose en- permits the scam to continue while Mr. WARNER. Mr. President, I ask unanimous consent that the resolution hancing the value of the Southeast Federal only modestly attempting to contain Center to the United States; its magnitude. be agreed to, and the motion to recon- (2) shall be negotiated pursuant to such Simply containing wasteful spending sider be laid upon the table. procedures as the Administrator considers is not sufficient. The American tax- The PRESIDING OFFICER. Without necessary to ensure the integrity of the se- payer who pays the bills should not objection, it is so ordered. lection process and to protect the interests The resolution (S. Con. Res. 149) was stand for it, nor should the bene- of the United States; agreed to, as follows: (3) may provide a lease option to the ficiaries who depend on the program. In S. CON. RES. 149 United States, to be exercised at the discre- fact, the Center on Budget and Policy tion of the Administrator, to occupy any Priorities, whose advocacy on social Resolved by the Senate (the House of Rep- resentatives concurring), That the Clerk of the general purpose office space in a facility cov- policy issues is well-known, agrees that House of Representatives, in the enrollment ered under the agreement; the scam must be shut down or the of the bill (H.R. 3244) to combat trafficking (4) shall not require, unless specifically de- long-term health of the program will of persons, especially into the sex trade, termined otherwise by the Administrator, be jeopardized. slavery, and slavery-like conditions, in the Federal ownership of a facility covered under Not only does the proposed regula- United States and countries around the the agreement after the expiration of any tion fail to protect the financial integ- world through prevention, through prosecu- lease of the facility to the United States; (5) shall describe the consideration, duties, rity of the Medicaid program, it also tion and enforcement against traffickers, and through protection and assistance to and responsibilities for which the United has a very low probability of ever being States and the private entity are respon- implemented. There is virtually no victims of trafficking, shall make the fol- lowing correction. sible; chance this Administration will be able (1) In section 2002(a)(2)(A)(ii), strike ‘‘June (6) shall provide— to finalize the proposed regulation be- 7, 1999,’’ and insert ‘‘December 13, 1999.’’. (A) that the United States will not be lia- fore it leaves office in January. Until f ble for any action, debt, or liability of any the regulation is finalized, nothing entity created by the agreement; and changes. No abuser state has to modify SOUTHEAST FEDERAL CENTER (B) that such entity may not execute any instrument or document creating or evidenc- its behavior one bit, and more and PUBLIC-PRIVATE DEVELOPMENT ACT OF 2000 ing any indebtedness unless such instrument more states will be under pressure to or document specifically disclaims any li- take advantage of the windfall their Mr. WARNER. Mr. President, I ask ability of the United States under the instru- neighbor states are enjoying. If any- unanimous consent that the Senate ment or document; and thing, the White House action may now proceed to the consideration of (7) shall include such other terms and con- spur greater abuse in the Medicaid pro- Calendar No. 905, H.R. 3069. ditions as the Administrator considers ap- gram. The PRESIDING OFFICER. The propriate. The Congressional Budget Office esti- clerk will report the bill by title. (c) CONSIDERATION.—An agreement entered The legislative clerk read as follows: into under this section shall be for fair con- mates that truly solving the problem sideration, as determined by the Adminis- A bill (H.R. 3069) to authorize the Adminis- will save taxpayers $127 billion over the trator. Consideration under such an agree- trator of General Services to provide for re- next decade. the stakes are high and we ment may be provided in whole or in part development of the Southeast Federal Cen- owe it to the 40 million Medicaid bene- through in-kind consideration. In-kind con- ter in the District of Columbia. ficiaries to protect the program so it sideration may include provision of space, remains strong and viable for the years There being no objection, the Senate goods, or services of benefit to the United to come. proceeded to consider the bill, which States, including construction, repair, re- Accordingly, today I am introducing had been reported from the Committee modeling, or other physical improvements of on Governmental Affairs with amend- Federal property, maintenance of Federal legislation that does what HCFA property, or the provision of office, storage, should have done but failed to do. My ments, as follows: (Omit the part in boldface brackets or other usable space. bill does not sanction abuse—it stops (d) AUTHORITY TO CONVEY.—In carrying out and insert the part printed in italic.) it. It closes the loophole, and treats an agreement entered into under this sec- non-state governmental facilities the H.R. 3069 tion, the Administrator is authorized to con- same way state facilities are already Be it enacted by the Senate and House of Rep- vey interests in real property, by lease, sale, resentatives of the United States of America in treated. For those states with upper or exchange, to a private entity. Congress assembled, (e) OBLIGATIONS TO MAKE PAYMENTS.—Any payment limits approved by HCFA al- SECTION 1. SHORT TITLE. obligation to make payments by the Admin- ready in place, it gives them two years This Act may be cited as the ‘‘Southeast istrator for the use of space, goods, or serv- to fully transition into compliance Federal Center Public-Private Development ices by the General Services Administration with the law. But no longer will Act of 2000’’. on property that is subject to an agreement

VerDate 11-MAY-2000 04:51 Oct 12, 2000 Jkt 089060 PO 00000 Frm 00109 Fmt 4624 Sfmt 0634 E:\CR\FM\A11OC6.131 pfrm01 PsN: S11PT1 S10272 CONGRESSIONAL RECORD — SENATE October 11, 2000 under this section may only be made to the minus the expenses incurred by the Adminis- (1) welcomes the constitutional transition extent that necessary funds have been made trator with respect to the agreement. of power in Mexico; available, in advance, in an annual appro- (b) RECOVERY OF EXPENSES.—The Adminis- (2) congratulates the people of Mexico and priations Act, to the Administrator from the trator may retain from the proceeds of an their elected representatives for this historic Federal Buildings Fund established by sec- agreement entered into under section 3 change; and tion 210(f) of the Federal Property and Ad- amounts necessary to recover the expenses (3) expresses its intent to continue to work ministrative Services Act of 1949 (40 U.S.C. incurred by the Administrator with respect cooperatively with Mexican authorities to 490(f)). to the agreement. Such amounts shall be de- promote broad and effective efforts for the (f) NATIONAL øCAPITOL¿ CAPITAL PLANNING posited in the account in the Treasury from health and welfare of United States and COMMISSION.— which the Administrator incurs expenses re- Mexican citizens endangered by inter- (1) STATUTORY CONSTRUCTION.—Nothing in lated to disposals of real property. national drug trafficking, use, and produc- this section may be construed to limit or Mr. WARNER. Mr. President, I ask tion. (b) SENSE OF THE SENATE.—It is the sense otherwise affect the authority of the Na- unanimous consent that the committee tional Capital Planning Commission with re- of the Senate that the incoming new govern- spect to the Southeast Federal Center. amendments be agreed to, the bill be ments in both Mexico and the United States (2) VISION PLAN.—An agreement entered read the third time and passed, the mo- must develop and implement a counterdrug into under this section shall ensure that re- tion to reconsider be laid upon the program that more effectively addresses the development of the Southeast Federal Cen- table, and that any statements relating official corruption, the increase in drug traf- ter is consistent, to the extent practicable to the bill be printed in the RECORD. fic, and the lawlessness that has resulted (as determined by the Administrator, in con- The PRESIDING OFFICER. Without from illegal drug trafficking, and that a one- sultation with the National Capital Planning objection, it is so ordered. year waiver of the requirement that the Commission), with the objectives of the Na- The committee amendments were President certify Mexico is warranted to per- tional Capital Planning Commission’s vision mit both new governments time to do so. agreed to. plan entitled ‘‘Extending the Legacy: Plan- Mr. WARNER. Mr. President, before ning America’s Capital in the 21st Century’’, The bill (H.R. 3069), as amended, was read the third time and passed. entering the closing statement, I yield adopted by the Commission in November to the distinguished Democratic assist- 1997. f (g) RELATIONSHIP TO OTHER LAWS.— ant leader. (1) IN GENERAL.—The authority of the Ad- CERTIFICATION OF MEXICO Mr. REID. Mr. President, I was off ministrator under this section shall not be Mr. WARNER. Mr. President, I ask the floor. I appreciate very much the subject to— unanimous consent that the Com- patience of my friend, the Senator (A) section 321 of the Act of June 30, 1932 mittee on Foreign Relations be dis- from Virginia. I know he wanted to va- (40 U.S.C. 303b); cate the premises more than an hour (B) sections 202 and 203 of the Federal charged from further consideration of S. Res. 366 and the Senate then proceed ago. I am confident early in the morn- Property and Administrative Services Act of ing we will be able to enter into an 1949 (40 U.S.C. 483, 484); to its immediate consideration. (C) section 7(a) of the Public Buildings Act The PRESIDING OFFICER. Without agreement relating to his bill. of 1959 (40 U.S.C. 606(a)); or objection, it is so ordered. The clerk Mr. WARNER. That would be the (D) any other provision of law (other than will report the resolution by title. DOD conference on authorization. Federal laws relating to environmental and The legislative clerk read as follows: Mr. REID. We are getting close to historic preservation) inconsistent with this that. I apologize for not being able to section. A resolution (S. Res. 366) expressing the do that tonight. Sense of the Senate on the certification of (2) UNUTILIZED OR UNDERUTILIZED PROP- Mexico. Mr. WARNER. No apology is needed. ERTY.—Any facility covered under an agree- This bill has had a unique course ment entered into under this section may There being no objection, the Senate through the Senate. I know of no one not be considered to be unutilized or under- proceeded to consider the resolution. who has tried harder on a procedural utilized for purposes of section 501 of the Mr. WARNER. Mr. President, I ask Stewart B. McKinney Homeless Assistance basis to see that this bill has forward unanimous consent that the resolution momentum than our distinguished col- Act (42 U.S.C. 11411). be agreed to, the preamble be agreed SEC. 4. REPORTING REQUIREMENT. league from Nevada. I hereby express to, the motion to reconsider be laid my profound respect and thanks to (a) IN GENERAL.—Before entering into an upon the table, and any statements re- agreement under section 3, the Adminis- him. trator of General Services shall transmit to lating to the resolution be printed in Mr. REID. I already bragged earlier the Committee on Transportation and Infra- the RECORD. in the day about my colleague and Sen- structure of the House of Representatives The PRESIDING OFFICER. Without ator LEVIN, and I would like that ø and the Committee on Environment and objection, it is so ordered. spread across the RECORD again. Public Works¿ Governmental Affairs of the The resolution (S. Res. 366) was Mr. President, Senator MCCAIN is on Senate a report on the proposed agreement. agreed to. his way. We have a unanimous consent (b) CONTENTS.—A report transmitted under The preamble was agreed to. this section shall include a summary of a agreement that he asked for earlier in cost-benefit analysis of the proposed agree- The resolution, with its preamble, the day. We are now able to clear it. ment and a description of the provisions of reads as follows: Mr. WARNER. Mr. President, given the proposed agreement. S. RES. 366 that, I suggest the absence of a (c) REVIEW BY CONGRESS.—A proposed Whereas Mexico will inaugurate a new gov- quorum. agreement under section 3 may not become ernment on 1 December 2000 that will be the The PRESIDING OFFICER. The effective until the end of a 30-day period of first change of authority from one party to clerk will call the roll. continuous session of Congress following the another; The legislative clerk proceeded to date of the transmittal of a report on the Whereas the 2nd July election of Vincente call the roll. agreement under this section. For purposes Fox Quesada of the Alliance for Change of the preceding sentence, continuity of a Mr. MCCAIN. Mr. President, I ask marks an historic transition of power in unanimous consent that the order for session of Congress is broken only by an ad- open and fair elections; journment sine die, and there shall be ex- Whereas Mexico and the United States the quorum call be rescinded. cluded from the computation of such 30-day share a 2,000-mile border, Mexico is the The PRESIDING OFFICER. Without period any day during which either House of United States’ second largest trading part- objection, it is so ordered. Congress is not in session during an adjourn- ner, and the two countries share historic and f ment of more than 3 days to a day certain. cultural ties; SEC. 5. USE OF PROCEEDS. Whereas drug production and trafficking AMENDING TITLE 49, U.S. CODE, (a) IN GENERAL.—Net proceeds from an are a threat to the national interests and the TO REQUIRE REPORTS CON- agreement entered into under section 3 shall well-being of the citizens of both countries; CERNING DEFECTS IN MOTOR be deposited into, administered, and ex- and VEHICLES pended, subject to appropriations Acts, as Whereas United States-Mexican coopera- Mr. MCCAIN. Mr. President, I ask part of the fund established by section 210(f) tion on drugs is a cornerstone for policy for of the Federal Property and Administrative both countries in developing effective pro- unanimous consent that the Senate Services Act of 1949 (40 U.S.C. 490(f)). In this grams to stop drug use, drug production, and now proceed to the consideration of subsection, the term ‘‘net proceeds from an drug trafficking: Now, therefore, be it H.R. 5164, which is at the desk. agreement entered into under section 3’’ Resolved, That (a) the Senate, on behalf of The PRESIDING OFFICER. The means the proceeds from the agreement the people of the United States— clerk will state the bill by title.

VerDate 11-MAY-2000 04:51 Oct 12, 2000 Jkt 089060 PO 00000 Frm 00110 Fmt 4624 Sfmt 0634 E:\CR\FM\A11OC6.133 pfrm01 PsN: S11PT1 October 11, 2000 CONGRESSIONAL RECORD — SENATE S10273 The legislative clerk read as follows: Mr. MCCAIN. I thank my friend from some members of this body will pre- A bill (H.R. 5164) to amend title 49, United Nevada. vent us from even considering the Sen- States Code, to require reports concerning I should not be speaking off the top ate measure. The reality we face in the defects in motor vehicles or tires or other of my head, but perhaps a hearing out remaining days of Congress because of motor vehicle equipment in foreign coun- in the city of Las Vegas, where really these tactics is that we pass the House tries, and for other purposes. 90 percent of the major boxing is con- bill or we pass nothing. Left with that There being no objection, the Senate ducted in America, might be something decision, I would prefer we move for- proceeded to consider the bill. he and I could do together in the next ward with the House bill. Mr. MCCAIN. I ask unanimous con- couple of months to get the ball roll- Some people have raised concerns sent that the bill be read the third ing. I thank my friend from Nevada. that the House bill would weaken cur- time and passed, the motion to recon- Mr. REID. I thank my friend from rent law in several respects and it sider be laid upon the table, and that Arizona. would be better to do nothing. Specifi- any statements regarding the bill be Mr. MCCAIN. Mr. President, last cally, concerns have been raised that printed at this point in the RECORD. week I was blocked in my efforts to the bill would inhibit the release of in- The PRESIDING OFFICER. Without gain unanimous consent for the Senate formation collected by Department of objection, it is so ordered. to schedule a time for consideration of Transportation to the public, that Mr. REID. Reserving the right to ob- S. 3059, the Motor Vehicle and Motor manufacturers could destroy informa- ject, what was the request? Vehicle Equipment Defect Notification tion to avoid the reporting require- Mr. MCCAIN. That the Senate pro- Act. As you know, the Act is in re- ments, and that the safe harbor provi- ceed to H.R. 5164. sponse to the recent Ford/Firestone re- sions for the enhanced penalties could Mr. REID. Is this the same request call of 6.5 million tires and the more apply to existing penalties. I strongly the Senator entered earlier today? than 100 deaths associated with these disagree with these assertions. More Mr. MCCAIN. Yes. tires. importantly, the supporters of the Mr. REID. Reserving the right to ob- Today, we are in the midst of what House bill both Democratic and Repub- ject, as I said to my friend—and he was may likely be the last week of this leg- licans disagree with those assertions as so persuasive—I indicated that we have islative session. The remaining days to does the Department of Transportation to be patient and I thought his pa- enact legislation to remedy indis- which will be charged with carrying tience would require more than an putable flaws in the Federal Motor Ve- out the provisions of the Act. hour or so. But as a result of our work hicle Safety Act are dwindling to a pre- House supporters of the bill such as on this side, we were able to get the cious few. Congressmen MARKEY and TAUZIN ad- agreement cleared, and we have no ob- When we began this process more dressed some of these concerns in a col- jection to this matter proceeding to- than six weeks ago, I made a commit- loquy upon final passage of the House night, as indicated in the earlier con- ment to seek the enactment of legisla- bill last night. I ask unanimous con- sent agreement. tion this year to remedy this problem. sent that the entire colloquy from the Mr. MCCAIN. I thank my friend from I also stated that we would not make House bill be included in the RECORD Nevada. the perfect the enemy of the good. Last following my remarks. Two portions of May I just say that one thing I have night, the House passed by voice vote the colloquy refute these assertions. learned about my friend from Nevada is H.R. 5164, the Transportation Recall First, Mr. MARKEY asks if the ‘‘special that when he gives his word on an Enhancement Accountability and Doc- disclosure provision for new early stage issue, he pursues that in a sincere and umentation (TREAD) Act. The legisla- information is not intended to protect dedicated fashion. When he gives his tion is similar to S. 3059 and has the from disclosure [information] that is word that he is going to oppose, as he support of both Republicans and Demo- currently disclosed under existing law has on several occasions, he is a formi- crats in the House. such as information about actual de- dable opponent. I thank the Senator While the House bill does not go as fects or recalls?’’ Congressman TAUZIN from Nevada for working on this. He far as the Senate bill in some respects, responds by saying, ‘‘the gentleman is could have easily held this over until it will nevertheless advance the cause correct.’’ Second, Congressman MAR- tomorrow and we could have gotten of safety. It will ensure that the De- KEY asks if it is in the ‘‘Secretary’s dis- caught up, perhaps, in other issues. In- partment of Transportation will re- cretion to require a manufacturer to stead, the Senator from Nevada said he ceive the information it needs to de- maintain records that are in fact in the would be working on this issue. He did tect defects, including information manufacturer’s possession and that it that, and we have it resolved. I express about foreign recalls. It will increase would be a violation of such a require- my deep and sincere thanks to him. penalties for manufacturers that fail to ment to destroy such a record?’’ Again, I look forward to next year when we comply with the statute and its regula- Congressman TAUZIN responds ‘‘the again have our differences on the issue tions. The maximum civil penalty gentleman is correct.’’ of college gambling being ventilated under the current statute is $980,000. Congressman TAUZIN wrote to me and work together on that issue as The House bill will increase that today to further clarify that this provi- well. amount to $15 million. It will also di- sion would not enable manufacturers Mr. REID. Also, we can work to- rect the Secretary to develop a pro- to destroy or conceal information. gether to do more on boxing. If there gram to conduct dynamic rollover tests In explaining the safe harbor provi- were ever a requirement that we have of motor vehicles and make that infor- sion under the enhanced penalty sec- spread before us, it would be to do mation available to consumers. It will tion, the intent of the House sponsors something about the abysmal state of direct NHTSA to upgrade the current is not necessary because it is clear on boxing in the world, which is con- tire standard for the first time in 30 the face of the language that it would trolled by the United States. years. Finally, the House bill incor- not apply to an underlying violation of Also, the work the Senator from Ari- porates a measure sponsored by Sen- existing criminal law. The language of zona and the Senator from Wisconsin ator FITZGERALD and recently reported Section 4(b)(2) clearly states that the have done on campaign finance re- by the Senate Commerce Committee, safe harbor only applies to criminal form—when the history books are writ- which will improve the design of child penalties ‘‘under this subsection.’’ I am ten about what has happened in Gov- safety seats. not a supporter of the safe harbor pro- ernment during the past hundred Many of the provisions in the House visions under this bill. I believe that years, there is no question in my mind bill are an improvement upon current they create a loophole rendering the that one of the main chapters will be law. The House bill is supported by the enhanced penalties meaningless, but it the work that has been done on cam- Secretary of Transportation. Neverthe- is clear that they do not weaken exist- paign finance reform. It will happen, less, let me be clear, I would prefer to ing law. and it was instigated and initiated by have the Senate complete action on the As I said earlier, NHTSA has linked the Senator from Arizona and the Sen- bill reported by the Senate Commerce more than 100 deaths to the failure of ator from Wisconsin. It is only a ques- Committee with unanimous support. Bridgestone/Firestone tires that are tion of when; it will happen. But holds and stalling tactics used by subject to the current recall. Each day

VerDate 11-MAY-2000 04:51 Oct 12, 2000 Jkt 089060 PO 00000 Frm 00111 Fmt 4624 Sfmt 0634 E:\CR\FM\G11OC6.177 pfrm01 PsN: S11PT1 S10274 CONGRESSIONAL RECORD — SENATE October 11, 2000 it becomes more apparent that these lation to be passed. They are both re- 10 minutes before the HUD-VA appro- deaths may have been avoided had the markable legislators. I appreciate very priations bill is voted on. Department of Transportation pos- much all they did. The PRESIDING OFFICER. Without sessed vital safety-related information I say to my colleagues again that objection, it is so ordered. that the law does not currently require this issue isn’t over. Tragically, I am manufacturers to report. in fear that there will be more deaths f The House bill falls short of the Sen- and injuries on America’s highways be- ate bill, but it will improve the Depart- fore we finally make it much safer for PROGRAM ment of Transportation’s ability to de- Americans to be on America’s high- Mr. MCCAIN. Mr. President, for the tect defects earlier. As Chairman of the ways. I think we have taken a major information of all Senators, the Senate Senate Commerce Committee, I com- step forward, and one that hopefully will begin consideration of the HUD- mit to revisiting this issue next Con- will save lives and prevent injuries. If VA appropriations bill at 9:30 a.m. gress and resolve the issues left in the that is the case, as I think most ex- There are three amendments in order House bill. But it would be a serious perts view this legislation, then I think and up to three stacked rollcall votes mistake to prevent even this modest we will have done something good will occur at approximately 12:30 p.m. reform to go forward. I ask my col- today. Following the final vote on the HUD- I thank you, Mr. President, for your leagues to support the passage of H.R. VA bill, the Senate is expected to begin patience. 5164. consideration of the conference report The bill (H.R. 5164) was passed. f to accompany the Department of De- Mr. MCCAIN. Mr. President, we went through a great deal of work in order ORDERS FOR THURSDAY, OCTOBER fense authorization bill. There are ap- to have the legislation passed con- 12, 2000 proximately 6 hours of debate re- cerning Bridgestone/Firestone. I thank Mr. MCCAIN. Mr. President, I ask quested on the conference report. the administration and Secretary unanimous consent that when the Sen- Therefore, Senators should expect Slater for all of his efforts. ate completes its business today, it re- votes later in the afternoon in ref- I thank Senator HOLLINGS, who had cess until the hour of 9:30 a.m. on erence to the DOD authorization con- strongly held views on this issue and Thursday, October 12. I further ask ference report. yet came together with me and others. consent that on Thursday, imme- f I thank the Consumers Union for diately following the prayer, the Jour- what they did. They are an advocacy nal of proceedings be approved to date, RECESS UNTIL 9:30 A.M. group that, again, didn’t see a perfect the time for the two leaders be re- TOMORROW piece of legislation but supported this served for their use later in the day, legislation. Mr. Kimmelman is a man and the Senate then proceed to H.R. Mr. MCCAIN. Mr. President, if there of remarkable talents. I thank him. 4635, the HUD-VA appropriations bill as is no further business to come before I also want to thank Congressman under the previous order. the Senate, I ask unanimous consent UPTON and Congressman TAUZIN, who The PRESIDING OFFICER. Without that the Senate stand in recess under were able to get that legislation objection, it is so ordered. the previous order. through the House of Representatives Mr. MCCAIN. Mr. President, I ask There being no objection, the Senate, in this late period by a voice vote and unanimous consent that the Senator at 6:50 p.m., recessed until Thursday, thereby made it possible for this legis- from Arizona, Mr. MCCAIN, be allowed October 12, 2000, at 9:30 a.m.

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