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

Vol. 145 WASHINGTON, TUESDAY, APRIL 27, 1999 No. 58 House of Representatives The House met at 12:30 p.m. and was mental building block of a livable com- fact that the Universal Service Fund called to order by the Speaker pro tem- munity and that is a healthy education has been an accepted part of the Fed- pore (Mr. HASTINGS of Washington). system. eral communication landscape for over f The Federal Government has, 60 years. throughout our history, been a key Adding the E-Rate to this mechanism DESIGNATION OF SPEAKER PRO partner with the States and local com- TEMPORE munities in education. Some mistak- simply brought it up to date, to the modern challenges faced by both rural The SPEAKER pro tempore laid be- enly suggest that there is no Federal and urban America. It was exciting to fore the House the following commu- role. Yet from the Northwest Ordi- be a part of a coalition that included nication from the Speaker: nance of 1789, which set aside land in educational advocates, farsighted WASHINGTON, DC, each of the new States for educational April 27, 1999. purposes, to the GI Bill following members of the industry, libraries I hereby appoint the Honorable DOC World War II, to the important legisla- across the country, and over 100 Mem- HASTINGS to act as Speaker pro tempore on tion in the 1980s that expanded edu- bers of Congress who put their names this day. cational opportunities to the disabled, on the line as part of that effort. J. DENNIS HASTERT, the Federal Government has played an Speaker of the House of Representatives. Although scaled back somewhat, and instrumental role in the development with some important adjustments and f of American education. reform, we were able to hold the sys- One of the most important actions MORNING HOUR DEBATES tem intact. There were over 25,000 ap- Congress has taken in the last 10 years plications approved who received $1.66 The SPEAKER pro tempore. Pursu- to promote both the goal of quality billion. ant to the order of the House of Janu- education and connections to the ary 19, 1999, the Chair will now recog- broader world through the Internet is Well, the word is in for this year. nize Members from lists submitted by to be found in the Telecommunications There are even more applications than the majority and minority leaders for Act of 1996. This Act mandated that last year, over 36,000 from around the morning hour debates. The Chair will some of the billions of dollars in sav- country, more applications, and the alternate recognition between the par- ings for the telecommunications indus- total requests are over $2.4 billion. ties, with each party limited to 30 min- try be returned to our community in Even though we successfully resisted utes, and each Member, except the ma- the form of reduced rates for Internet efforts to eliminate the E-Rate in the jority leader, the minority leader, or access. the minority whip, limited to 5 min- Known as the E-Rate, short for edu- last Congress, and even though public utes. cational rate, it is part of the Federal opinion polls show overwhelming sup- The Chair recognizes the gentleman Universal Service Fund. It provides a port for it, we must not be complacent. from Oregon (Mr. BLUMENAUER) for 5 20 to 90 percent discount on tele- Once again, there is legislation circu- minutes. communications services, Internet ac- lating in this session of Congress that f cess, and internal connections for pub- would repeal the E-Rate and deny this lic schools, both public and private, as essential program. E-RATE well as our library systems. I am optimistic that we will prevail Mr. BLUMENAUER. Mr. Speaker, my One of the major battles in the last in protecting it. I am optimistic that goal in Congress is for the Federal Gov- Congress was to protect the E-Rate. this administration and this Congress ernment to be a better partner with There were some justifiable concerns will approve more money for school States, local government, business, and about the initial start-up, but these construction, and that we will do a bet- private citizens in promoting livable were turned into political issues that ter job being a partner to provide more communities. This means helping our threatened the future of the discount teachers in our classrooms. citizens guarantee their families they itself. are safe, economically secure, and Others tried to turn it for partisan But it is essential, as we focus on healthy. advantage, attacking the Vice Presi- education and livable communities, While we give much attention to the dent in his work to develop the infor- that we protect and enhance the capac- physical infrastructure in livability, mation superhighway, characterizing ity of every child in this country to roads, housing, transit, environmental the E-Rate as a ‘‘Gore tax.’’ While it gain computer skills and have access to protection, there is another funda- was a clever laugh line, it ignored the the worldwide Internet connection.

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

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VerDate Aug 31 2005 03:55 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 J:\ODA15\MISCRE~1\1999\H27AP9.REC H27AP9 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS H2308 CONGRESSIONAL RECORD — HOUSE April 27, 1999 INTERNATIONAL RELIGIOUS Freedom House has said the already MEDICARE MUST NOT BE FREEDOM ACT intense persecution of the underground PRIVATIZED The SPEAKER pro tempore. Under church in China has intensified since The SPEAKER pro tempore. Under the Speaker’s announced policy of Jan- mid-1998. There was no mention of this the Speaker’s announced policy of Jan- uary 19, 1999, the gentleman from Vir- during the recent summit with the Chi- uary 19, 1999, the gentleman from Ohio ginia (Mr. WOLF) is recognized during nese Premier. Neither was there any (Mr. BROWN) is recognized during morn- morning hour debates for 5 minutes. discussion about the fact that China ing hour debates for 5 minutes. Mr. WOLF. Mr. Speaker, 6 months has stopped all dialogue with the Dalai Mr. BROWN of Ohio. Mr. Speaker, ago today President Clinton signed the Lama over the future status of Tibet, many in Congress have been on a cam- International Religious Freedom Act or the Chinese Government-sponsored paign to scare America’s seniors into into law. The law mandates that with- campaign to encourage Tibetan Bud- believing that Medicare is going bank- in 120 days of enactment individuals dhists to become atheists. rupt. They say Medicare must be shall be named to the Commission on And I was in Tibet last year, and the privatized in order to save it. Once International Religious Freedom cre- persecution of the Buddhists in Tibet is again, Medicare privatizers and their ated by the bill. horrible. It is more horrible than any- Mediscare campaign are wrong. The It has been 6 months since enactment body realizes. And yet no one from this trustees of the Medicare Trust Fund of the bill, 2 months past the deadline, administration has taken the time to have just reported that Medicare will and the White House has still not remain solvent through 2015, up from go to Tibet to see how the conditions named its three commissioners. Con- its earlier projection of 2008. are. gress has done its part, but we are still Those in Congress, the think tanks, waiting for the administration. When The church in Hong Kong is being and the Beltway pundits who want to will the White House get serious about squeezed. The war in Sudan, very little privatize Medicare are wringing their implementing this legislation? diplomatic effort, 2 million people, hands over the trustees’ latest report. In early February, the President mainly Christians, who have been They believe these new projections will spoke before a crowd of religious and killed for their faith in the last 15 lead Congress to do nothing towards re- political leaders from around the world years, and this administration has forming Social Security and Medicare. at the National Prayer Breakfast. He done nothing. They cannot even ap- With the programs projected to last praised the bill and he said he was point the people to the commission longer, we cannot rest on the our lau- proud to have signed it. But where is that we all passed in a bipartisan man- rels, they say. the implementation? Where is the en- ner. The real threat to Medicare, how- forcement? Where is the commitment? ever, is not its alleged pending bank- In Vietnam the situation is no bet- The commission’s first report on the ruptcy. That is not true. The real ter. And the administration has done condition of religious freedom around threat is a proposal just rejected by the nothing, nor have they appointed the the world is due on May 1, this Satur- National Medicare Commission to pri- people. In India, Pakistan, Indonesia, day. Because the administration has vatize Medicare and deliver it to the East Timor, atrocities taking place, wasted so much time in making the ap- private insurance market. pointments, there is no way that the and they do nothing. Under a proposal soon to be intro- commission will meet that date, and it There is so much going on around the duced called premium support, Medi- is unlikely that we will see a report world. There is no excuse for this com- care would no longer pay directly for this year. Another year wasted while mission not to be given a chance to do health care services. Instead, it would people are being maimed, tortured, its work. That is what Congress, Re- provide each senior with a voucher beaten, jailed and killed on account of publican and Democrat, wanted, that is good for part of the premium for pri- their faith. what the American people wanted vate coverage. Medicare beneficiaries I believe it was the administration’s when it passed the International Free- could use their voucher to buy into the intention to miss the May 1 deadline dom Religious Freedom Act, which has fee-for-service plan already in effect, for the commission’s report. This en- strong bipartisan support. sponsored by the Federal Government, sures this issue will not get a serious The House leadership, both majority or join a private HMO plan. examination by an independent entity To encourage consumer price sensi- and minority leadership, found time to as the bill intends. It ensures that the tivity, the voucher would track to the name the 6 commissioners, and the administration can continue to fudge lowest cost private plan. Ostensibly, leadership on both sides of the aisle the facts instead of taking serious ac- seniors would shop for the plan that supported this commission. Why can- tions against countries that refuse to best suits their needs, paying the bal- not the administration find time to ap- protect the human rights of religious ance of the premium and paying extra point these people? believers. if they want higher quality health The administration never really I hope the administration will at care. The proposal would create a sys- liked this bill. Secretary Albright least move to appoint people to the tem of health coverage but, most im- spoke out against the bill. Assistant commission, 120 days late, on Inter- portantly, it would abandon Medicare’s Secretary Eizenstat criticized the bill. national Religious Freedom. Too much fundamental principle of egali- But once Congress overwhelmingly, Re- time has been wasted. The lives of in- tarianism. publicans and Democrats, passed the nocent people are at stake every day in Today, the Medicare program is in- bill and sent it to the White House, the China, every day in the Sudan, every come-blind. All seniors have access to President had no choice but to sign it. day in East Timor, every day in Indo- the same level of quality care. The idea Then he praised it. Now they are nesia, and yet 120 days they have that vouchers would empower seniors stonewalling it on the implementation. missed the deadline. to choose a health plan that best suits All talk, no action. That is how I would their needs is a myth. The reality is They are basically in violation of the describe the action of this administra- that seniors will be forced to accept law. They have had 6 months. Because tion with regard to human rights: All whatever plan they can afford. this administration has taken so long, talk and no action. The goal of the Medicare Commission The administration’s record on pro- my guess is that they will appoint peo- was to ensure the program’s long-term moting human rights is miserable. Chi- ple who are weak and ineffectual on solvency. The premium support pro- na’s Catholic priests and bishops are this issue. posal simply will not do that. Sup- still in jail today and have been in Mr. Speaker, I hope I am wrong. And porters of this voucher plan say it there for decades, for decades, and no- if I am wrong, I will be glad to say they could shave 1 percent per year from the body has been appointed to this com- have appointed good people and decent Medicare budget over the next few dec- mission; Protestant pastors and lay people who care deeply about this. But ades. But Bruce Vladeck, a former people, decades, and nobody has been please appoint someone. Appoint some- Medicare administrator, doubted it appointed to the commission. Worship- one so the Commission can begin its would save the Federal Government pers being imprisoned, fined. action. even one dime.

VerDate Aug 31 2005 03:55 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 J:\ODA15\MISCRE~1\1999\H27AP9.REC H27AP9 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 27, 1999 CONGRESSIONAL RECORD — HOUSE H2309 Efforts to privatize Medicare are, of It is also worth noting, while we are Indeed, I think of the recent past course, nothing new. Medicare bene- in the neighborhood, Mr. Speaker, that when I was a private citizen in the ficiaries have long been able to enroll the bipartisan commission, headed by 1980s, the mid- to late-1980s, seeing on in private Medicare plans. Their expe- the gentleman from Louisiana in the public television gavel-to-gavel cov- rience, however, does not bode well in a other body, and the gentleman from erage of the confirmation hearings of full-fledged privatization effort. California with whom I am pleased to Judge Bork, the confirmation hearings b 1245 serve on the House Committee on Ways eventually of Mr. Justice Thomas, and and Means offered a variety of avenues all the mainstream media scrutiny. These managed care plans are al- that give seniors, our most honored How much more important it is then, ready calling for higher government citizens, a variety of choices. It is re- Mr. Speaker, that the media devote its payments, they are dropping out of un- vealing that there are those who would considerable energies and its agenda- profitable markets, they are cutting like to limit the freedom of Americans setting ability to checking into these back on benefits to America’s elderly. to make choices in their own interests. disturbing allegations that go to the Managed care plans obviously are But I rise today, Mr. Speaker, to very fabric of our constitutional Re- profit-driven and they simply do not speak of another matter that goes di- public. tough it out when their profits are not rectly to the core of our survival as a For, Mr. Speaker, if there are those realized. We learned this the hard way constitutional republic. It is, Mr. both within and outside government last year when 96 Medicare HMOs de- Speaker, the people’s right to know. who seek to influence decisions and serted more than 400,000 Medicare bene- Mr. Speaker, in the very near future, it policy for another government that ficiaries because the HMOs were not is my understanding that Johnny wishes us ill, the consequences for our meeting their profit objectives. Chung will testify before the House national survival are grave indeed. Before Medicare was launched in 1965, Committee on Government Reform f more than one-half of the Nation’s sen- about contributions, political contribu- COMPREHENSIVE ELECTRIC iors had no health insurance. Private tions the Communist Chinese Govern- RESTRUCTURING BILL insurance was then the only option for ment made to the Clinton/Gore cam- the elderly. But insurers did not want paign and to the Democratic National The SPEAKER pro tempore. Under seniors to join their plans because they Committee in 1996. It has been inter- the Speaker’s announced policy of Jan- knew that seniors would use their cov- esting, Mr. Speaker, to note the cov- uary 19, 1999, the gentleman from Flor- erage. The private insurance market erage, or perhaps lack thereof, of this ida (Mr. STEARNS) is recognized during has changed considerably since then important issue in the Nation’s press. morning hour debates for 5 minutes. but it still avoids high-risk enrollees Now, to be sure, Mr. Speaker, I un- Mr. STEARNS. Mr. Speaker, deregu- and, whenever possible, dodges the bill derstand full well the nature and the lation of the airlines, natural gas, rail- for high cost medical services. scope of the first amendment to the roads, telecommunications, and truck- The problem is not malice or greed, Constitution, Congress shall make no ing industries yields annual savings it is the expectation that private insur- law abridging freedom of the press, nor equal to nearly 1 percent of America’s ers can serve two masters: the bottom would I ever advocate such a derelic- gross domestic product. This Congress, line and the common good. Logically tion or disruption of our first amend- we will attempt to craft a measure looking at the bottom line, our system ment rights. But it is fair, Mr. Speak- that will finally and successfully un- leaves 43 million people without health er, in the marketplace of ideas to ask leash competition and savings from insurance, 11 million of whom are chil- my former colleagues in television, utility reform, electric deregulation. dren. Only Medicare can insure the el- where will they be when Johnny Chung In recent years, competition has re- derly and disabled population because comes before the congressional com- placed regulation for the electric power the private market has failed to do so. mittee to testify about these contribu- industry in a number of nations, in- If we privatize Medicare, we are tell- tions? cluding the United Kingdom, New Zea- ing America that not all seniors de- We should also say in passing, a tip land, Norway, Chile and Argentina. serve the same level of health care. We of the rhetorical hat is necessary to Many took a very long-term approach are betting on a private insurance sys- many publications, whether the New to this process. The United States faces tem that puts its own private interests York Times, the Washington Times, a unique situation in that our electric ahead of health care quality and ahead the Los Angeles Times, the Washington power industry is largely already of a balanced Federal budget. Post, many mainstream publications privatized. So we must focus on alter- The goal is simple, Mr. Speaker. Let who have chronicled the abuses. nating our current system and effec- us keep Medicare the successful public But now, Mr. Speaker, it is time for tively fostering more competition. program it has always been. my former colleagues in television to This should not be done through a f step up, specifically those news net- Federal mandate. Clearly, we would be works that are available via cable with wise to make the State-mandated re- THE PEOPLE’S RIGHT TO KNOW 24-hour-a-day coverage. Without trying structuring more efficient instead of The SPEAKER pro tempore (Mr. to set their agenda, but in the spirit of imposing a separate Federal mandate. I HASTINGS of Washington). Under the constructive criticism and open dia- see the ideal measure as one that fos- Speaker’s announced policy of January logue in a free republic, I would chal- ters competition, avoids Federal man- 19, 1999, the gentleman from Arizona lenge the cable news networks, I would dates and lowers rates for all con- (Mr. HAYWORTH) is recognized during challenge public broadcasting, to fol- sumers. To create this legislation, we morning hour debates for 5 minutes. low the example of C-SPAN. must eliminate outdated laws, inject Mr. HAYWORTH. Mr. Speaker, I rise And from this vantage point I can fairness into the process, and delineate this afternoon, and first let me offer a say, Mr. Speaker, that we congratulate the proper roles of the Federal Govern- debt of gratitude to my friend from C-SPAN on 20 years of service to the ment and State governments. But do Ohio who, in very Orwellian fashion, American people, bringing to the peo- not misunderstand me: Reforming the has offered the rhetoric of fear rather ple of our Nation an unvarnished, electric industry is no simple matter. than facts that we will hear in Cam- straight conduit of what happens in the This is an enormous undertaking. Con- paign 2000. Indeed, it is very revealing halls of Congress, what happens on the gress considers the livelihoods of entire to now hear the ‘‘Mediscare’’ tactics of floor of this House and what happens in industries constitutional questions and the left, to deny the fact that the very the many committee rooms. the interests of the entire rate-paying reason the Medicare trustees say that But I would welcome far more expo- public in addressing this very complex Medicare’s life has been lengthened sure of these hearings. Indeed, Mr. issue. Accordingly, we must address was because of the new majority’s plan Speaker, one is tempted to look at the these points to fully realize the bene- to save Medicare that we successfully recent promotional campaign of the fits of energy reform. Every consumer enacted after the jihad that was waged Public Broadcasting Service and the must benefit from this deregulation, against us, politically speaking, in 1996 rhetorical question that is asked: ‘‘If not just the large industrial users of with a liberal Mediscare plan. PBS won’t do it, who will?’’ electricity. I am concerned that any

VerDate Aug 31 2005 03:55 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 J:\ODA15\MISCRE~1\1999\H27AP9.REC H27AP9 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS H2310 CONGRESSIONAL RECORD — HOUSE April 27, 1999 rush in reforming the electric utility nates the existing federal barriers to competi- House for 1 minute and to revise and industry could result in large indus- tion: it encourages the establishment of inde- extend his remarks.) trial users seeing greater benefits while pendent transmission system operators, and it Mr. YOUNG of Florida. Mr. Speaker, residential users and small businesses deregulates the wholesale market by making I am very proud to introduce today the would pay for that benefit. the FERC wholesale open access rules appli- chaplain who delivered our opening We must honor past regulatory cable to non-jurisdictional entities. prayer. Pastor Charlie Martin is the schemes and commitments and allow I think everyone will agree that we are inevi- pastor of the First Baptist Church of recovery of stranded investments. Elec- tably moving toward an electricity industry Indian Rocks, which is in Largo, Flor- tric utilities incurred ‘‘stranded costs’’ based on competition, market force, and lower ida, which is right in the heart of the under a regulatory scheme not of their rates. This is certainly my goal as I introduce Tenth Congressional District that I choosing. These utilities made long- this legislation today. have the privilege to represent. term decisions based upon decades of f Like many of my colleagues, I have regulation. To deny industry the recov- an opportunity to visit with many RECESS ery of these costs would go against the churches throughout the district and fairness I spoke of earlier. That being The SPEAKER pro tempore. Pursu- throughout our State, and I must say said, lower costs should be fostered by ant to clause 12 of rule I, the Chair de- that I have found no one who is more real deregulation and industrial and clares the House in recess until 2 p.m. inspiring in their message and delivery regulatory innovation, not by simply Accordingly (at 12 o’clock and 58 of the Bible than Pastor Charlie Mar- shifting costs. We should not merely minutes p.m.), the House stood in re- tin. He is a dynamic religious leader, ‘‘reshuffle the deck’’ to see who pays. cess until 2 p.m. and he makes going to church a lot of A significant hurdle to deregulation f fun. is the diverse nature of power genera- b 1400 He delivers his messages in such an tors, including public power providers, entertaining way that people clamor to municipalities, investor-owned utili- AFTER RECESS come to the church to the effect that ties, and power marketing associa- The recess having expired, the House he has to have at least three services tions. Reconciling these disparate was called to order by the Speaker pro every Sunday morning. He is respected views will be a monumental task, yet tempore (Mr. STEARNS) at 2 p.m. and loved in our community. His min- fairness demands that we produce a f istry is very unique. He reaches out to level playing field for all energy pro- everyone. He has a community out- PRAYER viders and transmitters. reach program that goes far beyond the So reforming the energy industry on The Reverend Charlie Martin, Indian county limits of our county back a Federal level demands clarifying, Rocks Baptist Church, Largo, Florida, home. It is worldwide, in effect. simply clarifying the roles of the Fed- offered the following prayer: Mr. Speaker, I would just like to eral and State governments. Where Lord, we humbly pray for Your bless- mention an example of the worldwide does the Federal responsibility end and ings upon our people today. America outreach. Many of us know the prob- the States’ begin? The diverse situa- needs what only You can provide. We lems of the people in Bosnia, the refu- tion among the States adds to these re- want Your will, we need Your direc- gees and orphans that are housed with form difficulties. Some States have al- tion, we desire Your peace, and we ask very little clothing, very little sup- ways supported regulation, others have Your protection for all people. We read plies. We called this to the attention of taken progressive stances, while still where You said, ‘‘If my people which Pastor Charlie and he and the members others, like my home State of Florida, are called by my name shall humble of the church turned out in large num- enjoy the benefits of moderately priced themselves and pray, and seek my face bers, collected an airplane full of shoes electricity and see little need for major and turn from their wicked ways, I will and sweaters and supplies for babies, reform. hear from heaven and will forgive their and we had it delivered to Bosnia to Eliminating the barriers to entry sins and heal their land.’’ the orphanages. That is just one exam- into the electric market is funda- Please bring healing to America and ple of many, many more. mental to this reform. We must repeal to all of our world. For our leaders, O As I said, Pastor Charlie is the pastor the Public Utilities Regulatory Policy God, grant wisdom for each decision of our people, he is our pastor at home, Act, PURPA, and the Public Utility and bless their families with Your love. and wherever I go throughout my con- Holding Company Act, PUHCA, to en- This we pray in the name of Christ our gressional district, people are ap- sure that any transition to retail com- Lord. Amen. proaching me constantly saying, ‘‘Con- petition is truly competitive. The en- f gressman, it is nice to see you in Pas- tire efficacy of PURPA centered on the THE JOURNAL tor Charlie’s church,’’ or ‘‘Congress- supposition that producing electricity man, I am a member of Pastor Char- The SPEAKER pro tempore. The would become more expensive. In fact, lie’s church,’’ and everyone knows who Chair has examined the Journal of the Mr. Speaker, it has become cheaper. Pastor Charlie is. last day’s proceedings and announces Thanks to PURPA, Americans will pay Now my colleagues have had an op- to the House his approval thereof. $38 billion in higher electric bills over portunity to meet him and have him Pursuant to clause 1, rule I, the Jour- the next 10 years than they should. here today. I am very proud to have nal stands approved. Deregulation of the electric industry him as our guest here today, Pastor requires consideration of a myriad of f Charlie Martin of the Indian Rocks factors. The stakes are very high, but PLEDGE OF ALLEGIANCE Baptist Church in Largo, Florida. so are the benefits. To that end, I am The SPEAKER pro tempore. Will the f introducing today a piece of Federal gentleman from Ohio (Mr. TRAFICANT) legislation that will change all that. It THE TIME IS NOW FOR PRAYER IN come forward and lead the House in the is called the Electric Energy Empower- OUR SCHOOLS Pledge of Allegiance. ment Act of 1999. It will not mandate Mr. TRAFICANT led the Pledge of (Mr. TRAFICANT asked and was the States to act, but instead will em- Allegiance as follows: given permission to address the House power and encourage them to enact for 1 minute.) I pledge allegiance to the Flag of the measures providing these customers re- United States of America, and to the Repub- Mr. TRAFICANT. Mr. Speaker, an- tail competition and choice. lic for which it stands, one nation under God, other school tragedy, another scape- My legislation amends the Federal Power indivisible, with liberty and justice for all. goat. This time it is guns. Littleton is Act to clarify jurisdictional boundaries between f not just about guns, parents or dis- state and federal authorities, thus empowering cipline. Littleton is much to do with the states to enact competitive retail electricity WELCOME TO PASTOR CHARLIE Congress. markets. As an incentive for the states to MARTIN That is right. A Congress that allows move forward, the legislation includes a reci- (Mr. YOUNG of Florida asked and God to be banned from our schools procity condition. Further, the legislation elimi- was given permission to address the while our schools can teach about

VerDate Aug 31 2005 03:55 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 J:\ODA15\MISCRE~1\1999\H27AP9.REC H27AP9 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 27, 1999 CONGRESSIONAL RECORD — HOUSE H2311 cults, Hitler, and even devil worship is tem would end that guaranteed in- ANNOUNCEMENT BY THE SPEAKER wrong, out of touch, and needs some come. PRO TEMPORE common sense. Mr. Speaker, we must not privatize The SPEAKER pro tempore. The gen- It is time for Congress to look in the Social Security. Let us keep Social Se- tlewoman is reminded not to refer to mirror, and it is time for Congress to curity the very important public pro- the gallery, but to address the Chair. allow local school boards to make gram that it has been for 60 years. those decisions. f f f MILITARY READINESS KEEP U.S. TROOPS OUT OF TIME FOR REFORM OF THE (Mr. PITTS asked and was given per- KOSOVO SATELLITE HOME VIEWERS ACT mission to address the House for 1 (Mr. KUYKENDALL asked and was (Mr. GIBBONS asked and was given minute and to revise and extend his re- given permission to address the House permission to address the House for 1 marks.) for 1 minute and to revise and extend minute and to revise and extend his re- Mr. PITTS. Mr. Speaker, the dis- his remarks.) marks.) honest demagoguery about Social Se- Mr. KUYKENDALL. Mr. Speaker, I Mr. GIBBONS. Mr. Speaker, the Sec- curity has begun. However, I continue would like to share some thoughts of ond Congressional District of Nevada is to be troubled by the state of our mili- one of my 12-year-old constituents on a vast area containing about 110,000 tary readiness. For years the Clinton Kosovo, and I quote: square miles and 1.2 million people, administration has reduced spending ‘‘I would like to know why our gov- many of whom are spread out over a for national defense while sending our ernment is thinking about sending large portion of rural Nevada. troops on more and more deployments. troops to Kosovo. This sounds a lot So today I rise to support meaningful The result, our military readiness has like a Vietnam type of war which reform of the Satellite Home Viewers declined. lasted 9 years. I am 12 now, and if this Act. Every American, no matter where Case in point: A Lieutenant Junior lasts for 6 more years, then I might be they live, deserves access to their local Grade in our Navy was recently quoted drafted and have to go to war. In my television networks. Our office has re- as saying, and I quote, ‘‘It took us two parents’ generation almost everyone ceived thousands of phone calls and let- days to complete what should have knows someone who served in the Viet- ters from frustrated constituents in my been a two-hour procedure for all of nam War. Not too many people speak home State. These honest, hard-work- these reasons: We could not get a hy- highly of our involvement in Vietnam. ing Nevadans are frustrated over the draulic test stand that worked cor- I want to be a successful person and a current Federal law which prevents rectly. The support equipment people good citizen when I grow up. I want to them from receiving local program- could not fix the hydraulic test stand uphold those great ideals I read about ming with a satellite dish. They often because they did not have the correct in Washington, D.C. that our Founding ask, ‘‘Why will the Federal Govern- publications. The publications had not Fathers set down in the Declaration of ment not let me watch my local been updated to reflect the new tool re- Independence, the Constitution, the news?’’ The only answer is because of quirements. Nobody knew how to oper- Bill of Rights, as well as many other outdated, misconstrued Federal regula- ate the new test equipment. If we do places. I would like my country to be tions. not have the people or tools to fix the seen as doing the ‘right thing’ or fight- We need to reform the Satellite aircraft, then the aircraft cannot fly.’’ ing for a ‘noble’ cause. Right now in Home Viewers Act to reflect the Mr. Speaker, we need to commit to Kosovo it does not look like that to all changes in technology, to change the restoring our military to a level capa- of the nations of the world. mistakes of the Federal Government ble of defending the United States of ‘‘I visited the Vietnam War Memorial and adhere to the needs of the Amer- America. We need to support our and the Korean War Memorial and ican people. Today I urge my col- troops, our young sons and daughters toured Arlington National Cemetery. I leagues to join me in helping reform who lay their lives on the line to de- saw monuments to thousands of Ameri- the Satellite Home Viewers Act. fend this great country. cans who gave their lives for freedom. f f My father spoke with me about the WE MUST NOT PRIVATIZE SOCIAL WELCOME TO DELTA SIGMA meaning of these monuments and the SECURITY THETA SORORITY sacrifices Americans made during these conflicts. How Kosovo a part of (Mr. BROWN of Ohio asked and was (Mrs. JONES of Ohio asked and was that duty?’’ given permission to address the House given permission to address the House To Justin Kawahara, I say that is an for 1 minute.) for 1 minute. excellent question. Mr. BROWN of Ohio. Mr. Speaker, Mrs. JONES of Ohio. Mr. Speaker, I conservatives in the Republican Party rise to welcome Delta Sigma Theta So- f are proposing that Congress privatize rority, Incorporated to Delta Days on Social Security, turning it over to Wall Capitol Hill. If my colleagues will look COMMITMENT TO END VIOLENCE Street, even though Social Security up in the viewing area, there are some IN OUR NATION will be solvent at least until 2034. 550 Deltas here on the Hill. This is our (Mr. MARKEY asked and was given Privatization in many parts of gov- tenth anniversary, and we have come permission to address the House for 1 ernment has simply gone too far. The to talk about issues that impact the minute and to revise and extend his re- purpose of public prisons, for example, African American community. Delta marks.) is to protect the public, to punish and Sigma Theta is a sorority of 180,000 Mr. MARKEY. Mr. Speaker, the trag- to rehabilitate. The purpose of women nationwide with some 900 chap- edy in Colorado has saddened our coun- privatized prisons is to maximize profit ters. try and has highlighted a deadly mix of by reducing staff and too often cutting Our colors are crimson and cream violent imagery and guns. Addressing back on security. The purpose of public and red and white. Our national presi- the cumulative effects of years of vio- medical systems is to provide the best dent is Marcia Fudge. The head of our lent imagery means addressing issues health care possible to all people. The Social Action Committee is Devarieste on TV, in the movies, and on the Inter- purpose of privatized medical systems Curry. net. is to maximize profit, often meaning There are two Members of the House Dealing with children’s access to that the quality of care is com- that are members of the Delta Sigma guns and explosive materials is some- promised. Theta Sorority. They are my colleague, thing we must do as a society. An ef- The purpose of a public pension sys- the gentlewoman from Florida (Mrs. fective, proactive response must in- tem, a public Social Security system is MEEK) and myself. On behalf of the clude a willingness on the part of in- to provide a bedrock source of income Congress, we welcome you to the Hill dustry leaders to deal pragmatically for the elderly to keep them out of pov- and we hope to hear all you have to tell with access to certain content on the erty. A privatized Social Security sys- us. Internet.

VerDate Aug 31 2005 03:55 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 J:\ODA15\MISCRE~1\1999\H27AP9.REC H27AP9 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS H2312 CONGRESSIONAL RECORD — HOUSE April 27, 1999 b 1415 Communications Act of 1934, relating section, and such other regulations as are necessary to administer the limitations con- I strongly encourage the industry to to copyright licensing and carriage of broadcast signals by satellite, as tained in paragraph (2). The Commission begin a dialogue with parents and com- shall complete all actions necessary to pre- munity leaders on this issue. amended. scribe such regulations within one year after The reality is that the Internet has a The Clerk read as follows: such date of enactment. Such regulations Dickensian quality to it. It is the best H.R. 1554 shall— of wires and the worst of wires, simul- Be it enacted by the Senate and House of Rep- ‘‘(i) establish election time periods that correspond with those regulations adopted taneously. It has the ability to ennoble resentatives of the United States of America in Congress assembled, under subparagraph (B) of this paragraph; and enable, and at the same time to and SECTION 1. SHORT TITLE. debase and degrade. It is time for our ‘‘(ii) until January 1, 2006, prohibit tele- country to begin the discussion as to This Act may be cited as the ‘‘Satellite vision broadcast stations that provide re- how we are going to resolve this ten- Copyright, Competition, and Consumer Pro- transmission consent from engaging in dis- tection Act of 1999’’. sion in favor of the children in our so- criminatory practices, understandings, ar- ciety. TITLE I—SATELLITE COMPETITION AND rangements, and activities, including exclu- CONSUMER PROTECTION sive contracts for carriage, that prevent a f SEC. 101. SHORT TITLE. multichannel video programming distributor CANCER RESEARCH VITALLY This title may be cited as the ‘‘Satellite from obtaining retransmission consent from Competition and Consumer Protection Act’’. such stations.’’; IMPORTANT (3) in paragraph (4), by adding at the end SEC. 102. RETRANSMISSION CONSENT. (Mr. TAUZIN asked and was given the following new sentence: ‘‘If an origi- Section 325(b) of the Communications Act nating television station elects under para- permission to address the House for 1 of 1934 (47 U.S.C. 325(b)) is amended— minute and to revise and extend his re- graph (3)(C) to exercise its right to grant re- (1) by amending paragraphs (1) and (2) to transmission consent under this subsection marks.) read as follows: with respect to a satellite carrier, the provi- Mr. TAUZIN. Mr. Speaker, I take ‘‘(b)(1) No cable system or other multi- sions of section 338 shall not apply to the this moment for very personal reasons. channel video programming distributor shall carriage of the signal of such station by such At this moment my mother, Enola, is retransmit the signal of a television broad- satellite carrier.’’; recovering in a hospital in New Orle- cast station, or any part thereof, except— (4) in paragraph (5), by striking ‘‘614 or 615’’ ‘‘(A) with the express authority of the orig- and inserting ‘‘338, 614, or 615’’; and ans, Ochsner Clinic, from her third inating station; very important cancer surgery. (5) by adding at the end the following new ‘‘(B) pursuant to section 614, in the case of paragraph: In 1960 she was operated on for breast a station electing, in accordance with this ‘‘(7) For purposes of this subsection, the cancer, and survived that awful plague. subsection, to assert the right to carriage term ‘television broadcast station’ means an In 1980 she was operated on for lung under such section; or over-the-air commercial or noncommercial cancer, and survived that awful condi- ‘‘(C) pursuant to section 338, in the case of television broadcast station licensed by the tion. Today the doctors reported to me a station electing, in accordance with this Commission under subpart E of part 73 of just a few minutes ago that Mom has subsection, to assert the right to carriage title 47, Code of Federal Regulations, except under such section. that such term does not include a low-power come through successful uterine cancer ‘‘(2) The provisions of this subsection shall or translator television station.’’. surgery with at least a 90 percent not apply— SEC. 103. MUST-CARRY FOR SATELLITE CAR- chance of recovery. ‘‘(A) to retransmission of the signal of a RIERS RETRANSMITTING TELE- Mom, to you and to all the cancer noncommercial television broadcast station; VISION BROADCAST SIGNALS. survivors across America, what an in- ‘‘(B) to retransmission of the signal of a Title III of the Communications Act of 1934 spiration you are to your family and to television broadcast station outside the sta- is amended by inserting after section 337 (47 U.S.C. 337) the following new section: this country in the fights you wage tion’s local market by a satellite carrier di- ‘‘SEC. 338. CARRIAGE OF LOCAL TELEVISION SIG- against this awful disease. rectly to its subscribers, if— ‘‘(i) such station was a superstation on NALS BY SATELLITE CARRIERS. To all who struggle in the fields of May 1, 1991; ‘‘(a) CARRIAGE OBLIGATIONS.— research, and who raise the monies and ‘‘(ii) as of July 1, 1998, such station was re- ‘‘(1) IN GENERAL.—Subject to the limita- spend those critically short dollars to transmitted by a satellite carrier under the tions of paragraph (2), each satellite carrier find a cure for this awful disease, I ask statutory license of section 119 of title 17, providing secondary transmissions to sub- them to keep up their great work. United States Code; and scribers located within the local market of a ‘‘(iii) the satellite carrier complies with all television broadcast station of a primary They have given me my mother all transmission made by that station shall network nonduplication, syndicated exclu- these years, and I deeply appreciate carry upon request all television broadcast sivity, and sports blackout rules adopted by them. stations located within that local market, the Commission pursuant to section 712 of subject to section 325(b), by retransmitting Mom, God bless you, and a speedy re- this Act; the signal or signals of such stations that are covery, dear. ‘‘(C) until 7 months after the date of enact- identified by Commission regulations for ment of the Satellite Competition and Con- f purposes of this section. sumer Protection Act, to retransmission of ‘‘(2) EFFECTIVE DATE.—No satellite carrier ANNOUNCEMENT BY THE SPEAKER the signal of a television network station di- shall be required to carry local television PRO TEMPORE rectly to a satellite antenna, if the sub- broadcast stations under paragraph (1) until The SPEAKER pro tempore (Mr. scriber receiving the signal is located in an January 1, 2002. area outside the local market of such sta- STEARNS). Pursuant to clause 8 of rule ‘‘(b) GOOD SIGNAL REQUIRED.— tion; or ‘‘(1) COSTS.—A television broadcast station XX, the Chair announces that he will ‘‘(D) to retransmission by a cable operator postpone further proceedings today on asserting its right to carriage under sub- or other multichannel video provider, other section (a) shall be required to bear the costs each motion to suspend the rules on than a satellite carrier, of the signal of a tel- associated with delivering a good quality which a recorded vote or the yeas and evision broadcast station outside the sta- signal to the designated local receive facility nays are ordered, or on which the vote tion’s local market if such signal was ob- of the satellite carrier or to another facility is objected to under clause 6 of rule tained from a satellite carrier and— that is acceptable to at least one-half the XX. ‘‘(i) the originating station was a supersta- stations asserting the right to carriage in Such rollcall votes, if postponed, will tion on May 1, 1991; and the local market. ‘‘(ii) as of July 1, 1998, such station was re- be taken after debate has concluded on ‘‘(2) REGULATIONS.—The regulations issued transmitted by a satellite carrier under the under subsection (g) shall set forth the obli- all motions to suspend the rules. statutory license of section 119 of title 17, gations necessary to carry out this sub- f United States Code.’’; section. (2) by adding at the end of paragraph (3) ‘‘(c) DUPLICATION NOT REQUIRED.— SATELLITE COPYRIGHT, COMPETI- the following new subparagraph: ‘‘(1) COMMERCIAL STATIONS.—Notwith- TION, AND CONSUMER PROTEC- ‘‘(C) Within 45 days after the date of enact- standing subsection (a), a satellite carrier TION ACT OF 1999 ment of the Satellite Competition and Con- shall not be required to carry upon request sumer Protection Act, the Commission shall the signal of any local commercial television Mr. ARMEY. Mr. Speaker, I move to commence a rulemaking proceeding to revise broadcast station that substantially dupli- suspend the rules and pass the bill the regulations governing the exercise by cates the signal of another local commercial (H.R. 1554) to amend the provisions of television broadcast stations of the right to television broadcast station which is second- title 17, United States Code, and the grant retransmission consent under this sub- arily transmitted by the satellite carrier

VerDate Aug 31 2005 03:55 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 J:\ODA15\MISCRE~1\1999\H27AP9.REC H27AP9 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 27, 1999 CONGRESSIONAL RECORD — HOUSE H2313 within the same local market, or to carry station, to begin carriage of the station and C.F.R. 73.683). For purposes of this section, upon request the signals of more than 1 local to continue such carriage for at least 12 the standard established under this para- commercial television broadcast station in a months, or, in the case of the failure to meet graph is referred to as the ‘Network Non- single local market that is affiliated with a other obligations under this section, shall duplication Signal Standard’. particular television network. take other appropriate remedial action. If ‘‘(2) ESTABLISHMENT OF IMPROVED PRE- ‘‘(2) NONCOMMERCIAL STATIONS.—The Com- the Commission determines that the sat- DICTIVE MODEL REQUIRED.—Within 180 days mission shall prescribe regulations limiting ellite carrier has fully met the requirements after the date of enactment of the Satellite the carriage requirements under subsection of this chapter, the Commission shall dis- Competition and Consumer Protection Act, (a) of satellite carriers with respect to the miss the complaint. the Commission shall take all actions nec- carriage of multiple local noncommercial ‘‘(g) REGULATIONS BY COMMISSION.—Within essary, including any reconsideration, to de- television broadcast stations. To the extent 180 days after the date of enactment of this velop and prescribe by rule a point-to-point possible, such regulations shall provide the section, the Commission shall, following a predictive model for reliably and presump- same degree of carriage by satellite carriers rulemaking proceeding, issue regulations im- tively determining the ability of individual of such multiple stations as is provided by plementing this section. locations to receive signals in accordance cable systems under section 615. ‘‘(h) DEFINITIONS.—As used in this section: with the Network Nonduplication Signal ‘‘(d) CHANNEL POSITIONING.—No satellite ‘‘(1) SUBSCRIBER.—The term ‘subscriber’ Standard. In prescribing such model, the carrier shall be required to provide the sig- means a person that receives a secondary Commission shall ensure that such model nal of a local television broadcast station to transmission service by means of a sec- takes into account terrain, building struc- subscribers in that station’s local market on ondary transmission from a satellite and tures, and other land cover variations. The any particular channel number or to provide pays a fee for the service, directly or indi- Commission shall establish procedures for the signals in any particular order, except rectly, to the satellite carrier or to a dis- the continued refinement in the application that the satellite carrier shall retransmit tributor. of the model by the use of additional data as the signal of the local television broadcast ‘‘(2) DISTRIBUTOR.—The term ‘distributor’ it becomes available. For purposes of this stations to subscribers in the stations’ local means an entity which contracts to dis- section, such model is referred to as the market on contiguous channels and provide tribute secondary transmissions from a sat- ‘Network Nonduplication Reception Model’, access to such station’s signals at a non- ellite carrier and, either as a single channel and the area encompassing locations that discriminatory price and in a nondiscrim- or in a package with other programming, are predicted to have the ability to receive inatory manner on any navigational device, provides the secondary transmission either such a signal of a particular broadcast sta- on-screen program guide, or menu. directly to individual subscribers or indi- tion is referred to as that station’s ‘Recep- ‘‘(e) COMPENSATION FOR CARRIAGE.—A sat- rectly through other program distribution tion Model Area’. ellite carrier shall not accept or request entities. ‘‘(3) NETWORK NONDUPLICATION.—The net- monetary payment or other valuable consid- work nonduplication regulations required ‘‘(3) LOCAL RECEIVE FACILITY.—The term eration in exchange either for carriage of ‘local receive facility’ means the reception under subsection (a) shall allow a television local television broadcast stations in fulfill- network station to assert nonduplication ment of the requirements of this section or point in each local market which a satellite carrier designates for delivery of the signal rights as follows: for channel positioning rights provided to ‘‘(A) If a satellite carrier is retransmitting of the station for purposes of retransmission. such stations under this section, except that that station, or any other television broad- ‘‘(4) TELEVISION BROADCAST STATION.—The any such station may be required to bear the cast stations located in the same local mar- term ‘television broadcast station’ has the costs associated with delivering a good qual- ket, to subscribers located in that station’s meaning given such term in section 325(b)(7). ity signal to the local receive facility of the local market, the television network station ‘‘(5) SECONDARY TRANSMISSION.—The term satellite carrier. may assert nonduplication rights against the ‘secondary transmission’ has the meaning ‘‘(f) REMEDIES.— satellite carrier throughout the area within given such term in section 119(d) of title 17, ‘‘(1) COMPLAINTS BY BROADCAST STATIONS.— which that station may assert such rights United States Code.’’. Whenever a local television broadcast sta- under the rules applicable to cable television tion believes that a satellite carrier has SEC. 104. NONDUPLICATION OF PROGRAMMING systems (47 C.F.R. 76.92). failed to meet its obligations under this sec- BROADCAST BY LOCAL STATIONS. ‘‘(B) If a satellite carrier is not retransmit- tion, such station shall notify the carrier, in Section 712 of the Communications Act of ting any television broadcast stations lo- writing, of the alleged failure and identify 1934 (47 U.S.C. 612) is amended to read as fol- cated in the television network station’s its reasons for believing that the satellite lows: local market to subscribers located in such carrier is obligated to carry upon request the ‘‘SEC. 712. NONDUPLICATION OF PROGRAMMING market, the television network station may signal of such station or has otherwise failed BROADCAST BY LOCAL STATIONS. assert nonduplication rights against the sat- to comply with other requirements of this ‘‘(a) EXTENSION OF NETWORK NONDUPLICA- ellite carrier in the geographic area that is section. The satellite carrier shall, within 30 TION, SYNDICATED EXCLUSIVITY, AND SPORTS within such station’s Reception Model Area, days of such written notification, respond in BLACKOUT TO SATELLITE RETRANSMISSION.— but such geographic area shall not extend be- writing to such notification and either begin Within 45 days after the date of enactment of yond the local market of such station. carrying the signal of such station in accord- the Satellite Competition and Consumer ‘‘(4) WAIVERS.—A subscriber may request a ance with the terms requested or state its Protection Act, the Commission shall com- waiver from network nonduplication by sub- reasons for believing that it is not obligated mence a single rulemaking proceeding to es- mitting a request, through such subscriber’s to carry such signal or is in compliance with tablish regulations that apply network non- satellite carrier, to the television network other requirements of this section, as the duplication protection, syndicated exclu- station asserting nonduplication rights. The case may be. A local television broadcast sivity protection, and sports blackout pro- television network station shall accept or re- station that is denied carriage in accordance tection to the retransmission of broadcast ject a subscriber’s request for a waiver with- with this section by a satellite carrier or is signals by satellite carriers to subscribers. in 30 days after receipt of the request. The otherwise harmed by a response by a sat- To the extent possible consistent with sub- network nonduplication protection described ellite carrier that it is in compliance with section (b), such regulations shall provide in paragraph (3)(B) shall not apply to a sub- other requirements of this section may ob- the same degree of protection against re- scriber if such station agrees to the waiver tain review of such denial or response by fil- transmission of broadcast signals as is pro- request and files with the satellite carrier a ing a complaint with the Commission. Such vided by the network nonduplication (47 written waiver with respect to that sub- complaint shall allege the manner in which C.F.R. 76.92), syndicated exclusivity (47 scriber allowing the subscriber to receive such satellite carrier has failed to meet its C.F.R. 151), and sports blackout (47 C.F.R. satellite retransmission of another network obligations and the basis for such allega- 76.67) rules applicable to cable television sys- station affiliated with that same network. tions. tems. The Commission shall complete all ac- The television network station and the sat- ‘‘(2) OPPORTUNITY TO RESPOND.—The Com- tions necessary to prescribe regulations re- ellite carrier shall maintain a file available mission shall afford the satellite carrier quired by this section so that the regulations to the public that contains such waiver re- against which a complaint is filed under shall become effective within 1 year after quests and the acceptances and rejections paragraph (1) an opportunity to present data such date of enactment. thereof. and arguments to establish that there has ‘‘(b) ESTABLISHMENT OF NETWORK NON- ‘‘(5) OBJECTIVE VERIFICATION.— been no failure to meet its obligations under DUPLICATION BOUNDARIES.— ‘‘(A) IN GENERAL.—If a subscriber’s request this section. ‘‘(1) ESTABLISHMENT OF SIGNAL STANDARD for a waiver under paragraph (4) is rejected ‘‘(3) REMEDIAL ACTIONS; DISMISSAL.—Within FOR NETWORK NONDUPLICATION REQUIRED.— and the subscriber submits to the sub- 120 days after the date a complaint is filed The Commission shall establish a signal in- scriber’s satellite carrier a request for a test under paragraph (1), the Commission shall tensity standard for purposes of determining verifying the subscriber’s inability to receive determine whether the satellite carrier has the network nonduplication rights of local a signal that meets the Network Nonduplica- met its obligations under this chapter. If the television broadcast stations. Until revised tion Signal Standard, the satellite carrier Commission determines that the satellite pursuant to subsection (c), such standard and the television network station or sta- carrier has failed to meet such obligations, shall be the Grade B field strength standard tions asserting nonduplication rights with the Commission shall order the satellite car- prescribed by the Commission in section respect to that subscriber shall select a rier, in the case of an obligation to carry a 73.683 of the Commission’s regulations (47 qualified and independent person to conduct

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a test in accordance with the provisions of ings of such inquiry not later than 6 months ‘‘(A) TELEVISION NETWORK.—The term ‘tele- section 73.686(d) of title 47, Code of Federal after the end of such 2-year period. vision network’ means a television network Regulations, or any successor regulation. ‘‘(4) DATA SUBMISSION.—The Commission in the United States which offers an inter- Such test shall be conducted within 30 days shall prescribe by rule the data required to connected program service on a regular basis after the date the subscriber submits a re- be submitted by television broadcast sta- for 15 or more hours per week to at least 25 quest for the test. If the written findings and tions and by satellite carriers to the Com- affiliated broadcast stations in 10 or more conclusions of a test conducted in accord- mission or such designated entity to carry States. ance with the provisions of such section (or out this subsection, and the format for sub- ‘‘(B) TELEVISION NETWORK STATION.—The any successor regulation) demonstrate that mission of such data.’’. term ‘television network station’ means a the subscriber does not receive a signal that SEC. 105. CONSENT OF MEMBERSHIP TO RE- television broadcast station that is owned or meets or exceeds the Network Nonduplica- TRANSMISSION OF PUBLIC BROAD- operated by, or affiliated with, a television tion Signal Standard, the network non- CASTING SERVICE SATELLITE FEED. network.’’. Section 396 of the Communications Act of duplication rights described in paragraph SEC. 107. COMPLETION OF BIENNIAL REGU- (3)(B) shall not apply to that subscriber. 1934 (47 U.S.C. 396) is amended by adding at LATORY REVIEW. the end the following new subsection: ‘‘(B) DESIGNATION OF TESTOR AND ALLOCA- Within 180 days after the date of enact- ‘‘(n) The Public Broadcasting Service shall TION OF COSTS.—If the satellite carrier and ment of this Act, the Commission shall com- the television network station or stations certify to the Board on an annual basis that a majority of its membership supports or plete the biennial review required by section asserting nonduplication rights are unable to 202(h) of the Telecommunications Act of 1996. agree on such a person to conduct the test, does not support the secondary transmission of the Public Broadcasting Service satellite SEC. 108. RESULT OF LOSS OF NETWORK SERV- the person shall be designated by an inde- ICE. pendent and neutral entity designated by the feed, and provide notice to each satellite car- rier carrying such feed of such certifi- Until the Federal Communications Com- Commission by rule. Unless the satellite car- mission issues regulations under section rier and the television network station or cation.’’. SEC. 106. DEFINITIONS. 712(b)(2) of the Communications Act of 1934, stations asserting nonduplication rights oth- if a subscriber’s network service is termi- erwise agree, the costs of conducting the test Section 3 of the Communications Act of nated as a result of the provisions of section under this paragraph shall be borne equally 1934 (47 U.S.C. 153) is amended— 119 of title 17, United States Code, the sat- by the satellite carrier and the television (1) by redesignating— ellite carrier shall, upon the request of the network station or stations asserting non- (A) paragraphs (49) through (52) as para- subscriber, provide to the subscriber free of duplication rights. A subscriber may not be graphs (52) through (55), respectively; charge an over-the-air television broadcast required to bear any portion of the cost of (B) paragraphs (39) through (48) as para- receiving antenna that will provide the sub- such test. graphs (41) through (50), respectively; and scriber with an over-the-air signal of Grade ‘‘(6) RECREATIONAL VEHICLE LOCATION.—In (C) paragraphs (27) through (38) as para- B intensity for those network stations that the case of a subscriber to a satellite carrier graph (28) through (39), respectively; who has installed satellite reception equip- (2) by inserting after paragraph (26) the fol- were terminated as a result of such section ment in a recreational vehicle, and who has lowing new paragraph: 119. permitted any television network station ‘‘(27) LOCAL MARKET.— SEC. 109. INTERIM PROVISIONS. seeking to assert network nonduplication ‘‘(A) IN GENERAL.—The term ‘local market’, Until the Federal Communications Com- rights to verify the motor vehicle registra- in the case of both commercial and non- mission issues and implements regulations tion, license, and proof of ownership of such commercial television broadcast stations, under section 712(b)(2) of the Communica- vehicle, the subscriber shall be considered to means the designated market area in which tions Act of 1934, no subscriber whose house- be outside the local market and Reception a station is located, and— hold is located outside the Grade A contour Model Area of such station. For purposes of ‘‘(i) in the case of a commercial television of a network station shall have his or her this paragraph, the term ‘recreational vehi- broadcast station, all commercial television satellite service of another network station cle’ does not include any residential manu- broadcast stations licensed to a community affiliated with that same network termi- factured home, as defined in section 603(6) of within the same designated market area are nated as a result of the provisions of section the National Manufactured Housing Con- within the same local market; and 119 of title 17, United States Code. struction and Safety Standards Act of 1974 ‘‘(ii) in the case of a noncommercial edu- TITLE II—SECONDARY TRANSMISSIONS (42 U.S.C. 5402(6)). cational television broadcast station, the BY SATELLITE CARRIERS WITHIN ‘‘(c) REVIEW AND REVISION OF STANDARDS market includes any station that is licensed LOCAL MARKETS AND MODEL.— to a community within the same designated SEC. 201. SHORT TITLE. ‘‘(1) ONGOING INQUIRY REQUIRED.—Not later market area as the noncommercial edu- than 2 years after the date of enactment of cational television broadcast station. This title may be cited as the ‘‘Satellite the Satellite Competition and Consumer ‘‘(B) COUNTY OF LICENSE.—In addition to Copyright Compulsory License Improvement Protection Act, the Commission shall con- the area described in subparagraph (A), a Act’’. duct an inquiry of the extent to which the station’s local market includes the county in SEC. 202. LIMITATIONS ON EXCLUSIVE RIGHTS; Network Nonduplication Signal Standard, which the station’s community of license is SECONDARY TRANSMISSIONS BY the Network Nonduplication Reception located. SATELLITE CARRIERS WITHIN LOCAL MARKETS. Model, and the Reception Model Areas of tel- ‘‘(C) DESIGNATED MARKET AREA.—For pur- (a) IN GENERAL.—Chapter 1 of title 17, evision stations are adequate to reliably poses of subparagraph (A), the term ‘des- United States Code, is amended by adding measure the ability of consumers to receive ignated market area’ means a designated after section 121 the following new section: an acceptable over-the-air television broad- market area, as determined by Nielsen cast signal. Media Research and published in the DMA ‘‘§ 122. Limitations on exclusive rights; sec- ‘‘(2) DATA TO BE CONSIDERED.—In con- Market and Demographic Report.’’; ondary transmissions by satellite carriers ducting the inquiry required by paragraph (3) by inserting after paragraph (39) (as re- within local markets (1), the Commission shall consider— designated by paragraph (1) of this section) ‘‘(a) SECONDARY TRANSMISSIONS OF TELE- ‘‘(A) the number of subscribers requesting the following new paragraph: VISION BROADCAST STATIONS BY SATELLITE waivers under subsection (b)(4), and the num- ‘‘(40) SATELLITE CARRIER.—The term ‘sat- CARRIERS.—A secondary transmission of a ber of waivers that are denied; ellite carrier’ means an entity that uses the primary transmission of a television broad- ‘‘(B) the number of subscribers submitting facilities of a satellite or satellite service li- cast station into the station’s local market petitions under subsection (b)(5), and the censed by the Commission, and operates in shall be subject to statutory licensing under number of such petitions that are granted; the Fixed-Satellite Service under part 25 of this section if— ‘‘(C) the results of any consumer research title 47 of the Code of Federal Regulations or ‘‘(1) the secondary transmission is made by study that may be undertaken to carry out the Direct Broadcast Satellite Service under a satellite carrier to the public; the purposes of this section; and part 100 of title 47 of the Code of Federal ‘‘(2) the satellite carrier is in compliance ‘‘(D) the extent to which consumers are Regulations, to establish and operate a chan- with the rules, regulations, or authorizations not legally entitled to install broadcast re- nel of communications for point-to- of the Federal Communications Commission ception devices assumed in the Commission’s multipoint distribution of television station governing the carriage of television broad- standard. signals, and that owns or leases a capacity or cast station signals; and ‘‘(3) REPORT AND ACTION.—The Commission service on a satellite in order to provide such ‘‘(3) the satellite carrier makes a direct or shall submit to the Congress a report on the point-to-multipoint distribution, except to indirect charge for the secondary trans- inquiry required by this subsection not later the extent that such entity provides such mission to— than the end of the 2-year period described in distribution pursuant to tariff under this ‘‘(A) each subscriber receiving the sec- paragraph (1). The Commission shall com- Act.’’; and ondary transmission; or plete any actions necessary to revise the (3) by inserting after paragraph (50) (as re- ‘‘(B) a distributor that has contracted with Network Nonduplication Signal Standard, designated by paragraph (1) of this section) the satellite carrier for direct or indirect de- the Network Nonduplication Reception the following new paragraph: livery of the secondary transmission to the Model, and the Reception Model Areas of tel- ‘‘(51) TELEVISION NETWORK; TELEVISION NET- public. evision stations in accordance with the find- WORK STATION.— ‘‘(b) REPORTING REQUIREMENTS.—

VerDate Aug 31 2005 03:55 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 J:\ODA15\MISCRE~1\1999\H27AP9.REC H27AP9 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 27, 1999 CONGRESSIONAL RECORD — HOUSE H2315

‘‘(1) INITIAL LISTS.—A satellite carrier that mission made by a television broadcast sta- ellite carrier and, either as a single channel makes secondary transmissions of a primary tion and embodying a performance or display or in a package with other programming, transmission made by a network station of a work to a subscriber who does not reside provides the secondary transmission either under subsection (a) shall, within 90 days in that station’s local market, and is not directly to individual subscribers or indi- after commencing such secondary trans- subject to statutory licensing under section rectly through other program distribution missions, submit to the network that owns 119, or a private licensing agreement, is ac- entities. or is affiliated with the network station a tionable as an act of infringement under sec- ‘‘(2) LOCAL MARKET.—The ‘local market’ of list identifying (by name in alphabetical tion 501 and is fully subject to the remedies a television broadcast station has the mean- order and street address, including county provided by sections 502 through 506 and 509, ing given that term under section 3 of the and zip code) all subscribers to which the except that— Communications Act of 1934. satellite carrier currently makes secondary ‘‘(A) no damages shall be awarded for such ‘‘(3) NETWORK STATION; SATELLITE CARRIER; transmissions of that primary transmission act of infringement if the satellite carrier SECONDARY TRANSMISSION.—The terms ‘net- pursuant to this section. took corrective action by promptly with- work station’, ‘satellite carrier’ and ‘sec- ‘‘(2) SUBSEQUENT LISTS.—After the list is drawing service from the ineligible sub- ondary transmission’ have the meanings submitted under paragraph (1), the satellite scriber; and given such terms under section 119(d). carrier shall, on the 15th of each month, sub- ‘‘(B) any statutory damages shall not ex- ‘‘(4) SUBSCRIBER.—The term ‘subscriber’ mit to the network a list identifying (by ceed $5 for such subscriber for each month means a person that receives a secondary name in alphabetical order and street ad- during which the violation occurred. transmission service by means of a sec- dress, including county and zip code) any ‘‘(2) PATTERN OF VIOLATIONS.—If a satellite ondary transmission from a satellite and subscribers who have been added or dropped carrier engages in a willful or repeated pat- pays a fee for the service, directly or indi- as subscribers since the last submission tern or practice of secondarily transmitting rectly, to the satellite carrier or to a dis- under this subsection. to the public a primary transmission made tributor. ‘‘(3) USE OF SUBSCRIBER INFORMATION.—Sub- by a television broadcast station and em- ‘‘(5) TELEVISION BROADCAST STATION.—The scriber information submitted by a satellite bodying a performance or display of a work term ‘television broadcast station’ means an carrier under this subsection may be used to subscribers who do not reside in that sta- over-the-air, commercial or noncommercial only for the purposes of monitoring compli- tion’s local market, and are not subject to television broadcast station licensed by the ance by the satellite carrier with this sec- statutory licensing under section 119, then in Federal Communications Commission under tion. addition to the remedies under paragraph subpart E of part 73 of title 47, Code of Fed- ‘‘(4) REQUIREMENTS OF STATIONS.—The sub- (1)— eral Regulations.’’. mission requirements of this subsection shall ‘‘(A) if the pattern or practice has been (b) INFRINGEMENT OF COPYRIGHT.—Section apply to a satellite carrier only if the net- carried out on a substantially nationwide 501 of title 17, United States Code, is amend- work to which the submissions are to be basis, the court shall order a permanent in- ed by adding at the end the following new made places on file with the Register of junction barring the secondary transmission subsection: Copyrights a document identifying the name by the satellite carrier of the primary trans- ‘‘(f) With respect to any secondary trans- and address of the person to whom such sub- missions of that television broadcast station mission that is made by a satellite carrier of missions are to be made. The Register shall (and if such television broadcast station is a a primary transmission embodying the per- maintain for public inspection a file of all network station, all other television broad- formance or display of a work and is action- such documents. cast stations affiliated with such network), able as an act of infringement under section ‘‘(c) NO ROYALTY FEE REQUIRED.—A sat- and the court may order statutory damages 122, a television broadcast station holding a ellite carrier whose secondary transmissions not exceeding $250,000 for each 6-month pe- copyright or other license to transmit or are subject to statutory licensing under sub- riod during which the pattern or practice perform the same version of that work shall, section (a) shall have no royalty obligation was carried out; and for purposes of subsection (b) of this section, for such secondary transmissions. ‘‘(B) if the pattern or practice has been be treated as a legal or beneficial owner if ‘‘(d) NONCOMPLIANCE WITH REPORTING AND carried out on a local or regional basis with such secondary transmission occurs within REGULATORY REQUIREMENTS.—Notwith- respect to more than one television broad- the local market of that station.’’. standing subsection (a), the willful or re- cast station (and if such television broadcast peated secondary transmission to the public station is a network station, all other tele- (c) TECHNICAL AND CONFORMING AMEND- by a satellite carrier into the local market of vision broadcast stations affiliated with such MENTS.—The table of sections for chapter 1 of a television broadcast station of a primary network), the court shall order a permanent title 17, United States Code, is amended by transmission made by that television broad- injunction barring the secondary trans- adding after the item relating to section 121 cast station and embodying a performance or mission in that locality or region by the sat- the following: display of a work is actionable as an act of ellite carrier of the primary transmissions of ‘‘122. Limitations on exclusive rights; sec- infringement under section 501, and is fully any television broadcast station, and the ondary transmissions by sat- subject to the remedies provided under sec- court may order statutory damages not ex- tions 502 through 506 and 509, if the satellite ellite carriers within local mar- ceeding $250,000 for each 6-month period dur- ket.’’. carrier has not complied with the reporting ing which the pattern or practice was carried requirements of subsection (b) or with the out. SEC. 203. EXTENSION OF EFFECT OF AMEND- MENTS TO SECTION 119 OF TITLE 17, rules, regulations, and authorizations of the ‘‘(g) BURDEN OF PROOF.—In any action UNITED STATES CODE. Federal Communications Commission con- brought under subsection (d), (e), or (f), the cerning the carriage of television broadcast satellite carrier shall have the burden of Section 4(a) of the Satellite Home Viewer signals. proving that its secondary transmission of a Act of 1994 (17 U.S.C. 119 note; Public Law ‘‘(e) WILLFUL ALTERATIONS.—Notwith- primary transmission by a television broad- 103–369; 108 Stat. 3481) is amended by striking standing subsection (a), the secondary trans- cast station is made only to subscribers lo- ‘‘December 31, 1999’’ and inserting ‘‘Decem- mission to the public by a satellite carrier cated within that station’s local market or ber 31, 2004’’. into the local market of a television broad- subscribers being served in compliance with cast station of a primary transmission made SEC. 204. COMPUTATION OF ROYALTY FEES FOR section 119. SATELLITE CARRIERS. by that television broadcast station and em- ‘‘(h) GEOGRAPHIC LIMITATIONS ON SEC- Section 119(c) of title 17, United States bodying a performance or display of a work ONDARY TRANSMISSIONS.—The statutory li- is actionable as an act of infringement under cense created by this section shall apply to Code, is amended by adding at the end the section 501, and is fully subject to the rem- secondary transmissions to locations in the following new paragraph: edies provided by sections 502 through 506 United States, and any commonwealth, ter- ‘‘(4) REDUCTION.— and sections 509 and 510, if the content of the ritory, or possession of the United States. ‘‘(A) SUPERSTATION.—The rate of the roy- particular program in which the performance ‘‘(i) EXCLUSIVITY WITH RESPECT TO SEC- alty fee in effect on January 1, 1998, payable or display is embodied, or any commercial ONDARY TRANSMISSIONS OF BROADCAST STA- in each case under subsection (b)(1)(B)(i) advertising or station announcement trans- TIONS BY SATELLITE TO MEMBERS OF THE PUB- shall be reduced by 30 percent. mitted by the primary transmitter during, LIC.—No provision of section 111 or any other ‘‘(B) NETWORK.—The rate of the royalty fee or immediately before or after, the trans- law (other than this section and section 119) in effect on January 1, 1998, payable under mission of such program, is in any way will- shall be construed to contain any authoriza- subsection (b)(1)(B)(ii) shall be reduced by 45 fully altered by the satellite carrier through tion, exemption, or license through which percent. changes, deletions, or additions, or is com- secondary transmissions by satellite carriers ‘‘(5) PUBLIC BROADCASTING SERVICE AS bined with programming from any other of programming contained in a primary AGENT.—For purposes of section 802, with re- broadcast signal. transmission made by a television broadcast spect to royalty fees paid by satellite car- ‘‘(f) VIOLATION OF TERRITORIAL RESTRIC- station may be made without obtaining the riers for retransmitting the Public Broad- TIONS ON STATUTORY LICENSE FOR TELEVISION consent of the copyright owner. casting Service satellite feed, the Public BROADCAST STATIONS.— ‘‘(j) DEFINITIONS.—In this section— Broadcasting Service shall be the agent for ‘‘(1) INDIVIDUAL VIOLATIONS.—The willful or ‘‘(1) DISTRIBUTOR.—The term ‘distributor’ all public television copyright claimants and repeated secondary transmission to the pub- means an entity which contracts to dis- all Public Broadcasting Service member sta- lic by a satellite carrier of a primary trans- tribute secondary transmissions from a sat- tions.’’.

VerDate Aug 31 2005 03:55 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 J:\ODA15\MISCRE~1\1999\H27AP9.REC H27AP9 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS H2316 CONGRESSIONAL RECORD — HOUSE April 27, 1999 SEC. 205. PUBLIC BROADCASTING SERVICE SAT- (2) in paragraph (2), by inserting ‘‘the sat- mittee on the Judiciary have shared ju- ELLITE FEED; DEFINITIONS. ellite carrier is in compliance with the rules, risdiction over H.R. 1554, the Satellite (a) SECONDARY TRANSMISSIONS.—Section regulations, or authorizations of the Federal Copyright, Competition, and Consumer 119(a)(1) of title 17, United States Code, is Communications Commission governing the Protection Act. I would like to com- amended— carriage of television broadcast station sig- (1) by striking the paragraph heading and nals,’’ after ‘‘satellite carrier to the public mend both committees for their fine inserting ‘‘(1) SUPERSTATIONS AND PBS SAT- for private home viewing,’’; and work that they did in crafting this im- ELLITE FEED.—’’; (3) by adding at the end the following new portant consumer protection measure. (2) by inserting ‘‘or by the Public Broad- paragraph: I especially want to commend the casting Service satellite feed’’ after ‘‘super- ‘‘(10) STATUTORY LICENSE CONTINGENT ON committee and subcommittee chair- station’’; and COMPLIANCE WITH FCC RULES AND REMEDIAL men who worked out this compromise, (3) by adding at the end the following: ‘‘In STEPS.—Notwithstanding any other provision the gentleman from Virginia (Chair- the case of the Public Broadcasting Service of this section, the willful or repeated sec- man BLILEY) and the gentleman from satellite feed, subsequent to— ondary transmission to the public by a sat- ‘‘(A) the date when a majority of sub- ellite carrier of a primary transmission Illinois (Chairman HYDE), and sub- scribers to satellite carriers are able to re- made by a broadcast station licensed by the committee chairmen, the gentleman ceive the signal of at least one noncommer- Federal Communications Commission is ac- from Louisiana (Mr. TAUZIN) and the cial educational television broadcast station tionable as an act of infringement under sec- gentleman from North Carolina (Mr. from their satellite carrier within such sta- tion 501, and is fully subject to the remedies COBLE). tions’ local market, or provided by sections 502 through 506 and 509, Mr. Speaker, I ask unanimous con- ‘‘(B) 2 years after the effective date of the if, at the time of such transmission, the sat- sent that the gentleman from North Satellite Copyright Compulsory License Im- ellite carrier is not in compliance with the Carolina (Mr. COBLE) and the gen- provement Act, rules, regulations, and authorizations of the tleman from Louisiana (Mr. TAUZIN) whichever is earlier, the statutory license Federal Communications Commission con- created by this section shall be conditioned cerning the carriage of television broadcast each control 10 minutes of debate on on certification of support pursuant to sec- station signals.’’. this motion, and I further ask unani- tion 396(n) of the Communications Act of SEC. 208. STUDY ON TECHNICAL AND ECONOMIC mous consent that the gentleman from 1934.’’. IMPACT OF MUST-CARRY ON DELIV- California (Mr. BERMAN) and the gen- (b) DEFINITIONS.—Section 119(d) of title 17, ERY OF LOCAL SIGNALS. tleman from Massachusetts (Mr. MAR- Not later than July 1, 2000, the Register of United States Code, is amended by adding at KEY) control 10 minutes each on this Copyrights and the Assistant Secretary of the end the following: motion. ‘‘(12) PUBLIC BROADCASTING SERVICE SAT- Commerce for Communications and Informa- tion shall submit to the Congress a joint re- The SPEAKER pro tempore. Is there ELLITE FEED.—The term ‘Public Broadcasting objection to the request of the gen- Service satellite feed’ means the national port that sets forth in detail their findings satellite feed distributed by the Public and conclusions with respect to the fol- tleman from Texas? Broadcasting Service consisting of edu- lowing: There was no objection. cational and informational programming in- (1) The availability of local television The SPEAKER pro tempore. Pursu- tended for private home viewing, to which broadcast signals in small and rural markets ant to the order of the House, the gen- the Public Broadcasting Service holds na- as part of a service that competes with, or tleman from North Carolina (Mr. supplements, video programming containing tional terrestrial broadcast rights. COBLE) and the gentleman from Lou- ‘‘(13) LOCAL MARKET.—The term ‘local mar- copyrighted material delivered by satellite carriers or cable operators. isiana (Mr. TAUZIN) each will control 10 ket’ has the meaning given that term in sec- minutes for the majority, and the gen- tion 122(j)(2). (2) The technical feasibility of imposing tleman from California (Mr. BERMAN) ‘‘(14) TELEVISION BROADCAST STATION.—The the requirements of section 338 of the Com- term ‘television broadcast station’ has the munications Act of 1934 on satellite carriers and the gentleman from Massachusetts meaning given that term in section that deliver local broadcast station signals (Mr. MARKEY) each will control 10 min- 122(j)(5).’’. containing copyrighted material pursuant to utes for the minority. section 122 of title 17, United States Code, SEC. 206. DISTANT SIGNAL RETRANSMISSIONS. The Chair recognizes the gentleman and the technical and economic impact of Section 119 of title 17, United States Code, from North Carolina (Mr. COBLE). section 338 of the Communications Act of is amended— Mr. COBLE. Mr. Speaker, I yield my- 1934 on the ability of satellite carriers to (1) in subsection (a)— serve multiple television markets with re- self such time as I may consume. (A) in paragraph (1), by striking ‘‘(6)’’ and transmission of local television broadcast Mr. Speaker, oftentimes we come to inserting ‘‘(5)’’; stations, with particular consideration given the Floor of the House of Representa- (B) in paragraph (2)— to the ability to serve television markets tives and discuss legislation whose im- (i) by striking other than the 100 largest television markets pact on our constituents is somewhat ‘‘(2) NETWORK STATIONS.— in the United States (as determined by the ‘‘(A) IN GENERAL.—Subject to the provi- nebulous and uncertain. Today is not Nielson Media Research and published in the sions of subparagraphs (B) and (C) of this one of those days. H.R. 1554, the Sat- DMA market and Demographic Report). paragraph and paragraphs (3), (4), (5), and ellite Copyright, Competition, and (3) The technological capability of dual (6)’’ satellite dish technology to receive effec- Consumer Protection Act of 1999, will and inserting tively over-the-air broadcast transmissions have a beneficial effect on the citizens ‘‘(2) NETWORK STATIONS.— containing copyrighted material from the of this country, whether they are sub- ‘‘(A) IN GENERAL.—Subject to the provi- local market, the availability of such capa- scribers to satellite television or not. sions of subparagraph (B) of this paragraph bility in small and rural markets, and the af- and paragraphs (3), (4), and (5)’’; and We have all been concerned about the fordability of such capability. (ii) by striking subparagraph (B) and redes- lack of competition in the multi- (4) The technological capability (including ignating subparagraph (C) as subparagraph channel television industry and what interference), availability, and affordability (B); that means in terms of prices and serv- of wireless cable (or terrestrial wireless) de- (C) in paragraph (3), by striking ‘‘(2)(C)’’ ices to our constituents. I have re- livery of local broadcast station signals con- and inserting ‘‘(2)(B)’’; and taining copyrighted material pursuant to ceived numerous letters and calls from (D) by striking paragraphs (5), (8), (9), and section 111 of title 17, United States Code, in- my constituents distressed over their (10) and redesignating paragraphs (6) and (7) cluding the feasibility and desirability of the satellite service. as paragraphs (5) and (6), respectively; and expedited licensing of such competitive wire- Many customers leave the store com- (2) in subsection (d), by striking para- less technologies for rural and small mar- graphs (10) and (11). plaining that they cannot obtain their kets. local stations through satellite service. SEC. 207. APPLICATION OF FEDERAL COMMU- (5) The technological capability, avail- NICATIONS COMMISSION REGULA- Others feel betrayed when they have ability, and affordability of a broadcast-only TIONS. their distant network service cut off, basic tier of cable service. Section 119(a) of title 17, United States having been sold an illegal package SEC. 209. EFFECTIVE DATE. Code, is amended— from the outset. Still others may have (1) in paragraph (1), by inserting ‘‘the sat- This title and the amendments made by this title shall take effect on July 1, 1999, ex- been outraged at the cost they pay for ellite carrier is in compliance with the rules, the distant network signals. regulations, or authorizations of the Federal cept that section 208 and the amendments Communications Commission governing the made by section 205 shall take effect on the The time has come to address these carriage of television broadcast station sig- date of the enactment of this Act. concerns and pass legislation which nals,’’ after ‘‘satellite carrier to the public Mr. ARMEY. Mr. Speaker, both the makes the satellite industry more for private home viewing,’’; Committee on Commerce and the Com- competitive with cable television. With

VerDate Aug 31 2005 03:55 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 J:\ODA15\MISCRE~1\1999\H27AP9.REC H27AP9 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 27, 1999 CONGRESSIONAL RECORD — HOUSE H2317 competition comes better services at tleman from Louisiana (Mr. TAUZIN); tion to households within that sta- lower prices, which makes our con- and the ranking member, the gen- tion’s local market, we mark major stituents the real winners. tleman from Massachusetts (Mr. MAR- progress towards the goal of enhancing With this competition in mind, the KEY), who worked with us tirelessly to consumer choice without undermining legislation before us makes the fol- bring this to the Floor. I urge all Mem- the financial viability of local broad- lowing changes to the Satellite Home bers to support this constituent-friend- casters. Viewers Act. It reauthorizes the sat- ly legislation. This new local-to-local authority, ellite copyright compulsory license for Mr. Speaker, much has been said which legally empowers the satellite 5 years. It allows new satellite cus- about the rivalry between the House carriers there to do what developing tomers who have received a network Committee on the Judiciary and the technologies now enable them to do, is signal from a cable system within the Committee on Commerce. It is a probably the most important feature of past 3 months to sign up immediately healthy rivalry, nurtured by jurisdic- this legislation. It is my hope that ulti- for satellite services for those signals. tion. mately marketplace negotiations be- This is not allowed today. Some accuse those of us on the Com- tween broadcasters and satellite pro- It provides a discount for the copy- mittee on the Judiciary of overly pro- viders will serve as a mechanism for es- right fees paid by the satellite carriers. tecting and promoting good legislative tablishing the terms for delivery of It allows satellite carriers to re- issues relating to copyright, while oth- that local signal. transmit a local television station to ers accuse those on the Committee on Surely my colleagues on the other households within that station’s local Commerce of overly protecting and side of the aisle in particular would market, just like cable does. It allows promoting good legislative issues as it concur that private sector agreements satellite carriers to rebroadcast a na- relates to telecommunications. are the ideal means for arriving at such tional signal of the Public Broad- To these charges I respond, probably terms. That is why I am particularly casting Service. guilty as charged. Jurisdiction should heartened that my colleague, the gen- Finally, it empowers the FCC to con- be warmly embraced by the appro- tleman from Virginia, the distin- duct a rulemaking to determine appro- priate committees. Jurisdiction, con- guished chairman of the Committee on priate standards for satellite carriers versely, should not be casually dis- Commerce, has committed to joining concerning retransmission consent, carded by these same committees. us in conference to clarify that the The jurisdictional issues do give rise network nonduplication, syndicated ex- ‘‘must carry’’ provision in section 103 to rivalry from time to time. Rivalry clusivity, and sports blackouts. of the bill should apply only when a on occasion may be the bad news. The The manager’s amendment makes satellite carrier avails itself of the sat- one correction to the introduced good news is this first legislative step that we are taking today, to the ulti- ellite compulsory license. version of the bill. Language in section By the same token, while it is impor- mately benefit of hundreds of thou- 206 of the bill addressing distant signal tant that multichannel video program- sands of our constituents. transmission has been omitted to re- Mr. Speaker, I reserve the balance of ming distributors have the opportunity flect the clear removal of the unserved my time. to negotiate for retransmission con- household definition in title 17, in Mr. BERMAN. Mr. Speaker, I yield sent, we do not in this bill subject the favor of the network nonduplication myself such time as I may consume. price or other terms and conditions of provisions in title 47. Mr. Speaker, I rise in support of H.R. nonexclusive retransmission consent Additionally, I also want to thank 1554, a bill to make substantial and im- agreements to FCC scrutiny. the gentleman from Virginia (Chair- portant amendments to the Copyright In the 16 years I have served on the man BLILEY) for his assurance that he Act and minor and tangential amend- Subcommittee on Intellectual Prop- will work with us to assure a provision ments to the Telecommunications Act. erty, successive new members of the concerning the linking of the section This bill before us today will afford subcommittee have grappled with a 122 license to the must-carry provisions more American consumers the oppor- complex web of compulsory licenses of the bill when it is adopted in con- tunity to view copyrighted program- and the artificially-set royalty rates ference. ming, a laudable goal that I heartily that accompany such licenses, all in The legislation before us today is a embrace. the name of giving a leg up to so-called balanced approach. We have spent the At the same time that I endorse the ‘‘fledgling industries’’. better part of 3 years working with rep- competitive parity that we seek to But increasingly on the dais at sub- resentatives of the broadcast, copy- achieve in this legislation between the committee sessions I hear members right, satellite, and cable industries satellite and cable industries, it is cer- asking why. I think that reaction is ap- fashioning legislation which is ulti- tainly the case that this bill does so at propriate, and I encourage it. I urge my mately best for our constituents. the expense of certain principles. colleagues today to support H.R. 1554 The legislation before us today is not First, I have made no secret in the because it provides the framework for perfect, not unlike most pieces of legis- past of my distaste for compulsory li- achieving important policy objectives, lation, but it is a carefully balanced censes, yet this bill extends the sat- and moves the legislative process for- compromise. It removes many of the ellite compulsory license for another 5 ward. obstacles standing in the way of true years. But I hope in conference that we all competition, yet does not reward those On a related point, I strongly sup- take pains to make sure that our legis- in the satellite industry for their obvi- ported the approach in the 1994 Sat- lative product enhances and does not ous illegal activities concerning dis- ellite Home Viewer Act amendments; detract from the ability of the market- tant network signals. The real winners, namely, that the royalty fees paid by place to achieve the principles of com- therefore, are our constituents. satellite services for programming ob- petition and consumer choice we all en- I want to thank the chairman of the tained under the satellite compulsory dorse. Committee on the Judiciary, the gen- license should be pegged to a fair mar- I thank my colleague, the gentleman tleman from Illinois (Mr. HYDE), the ket value standard. Yet, H.R. 1554 dis- from North Carolina (Mr. COBLE) and ranking member, the gentleman from counts the rate set by the Copyright his exemplary staff, in fact, the entire Michigan (Mr. CONYERS), as well as the Arbitration Royalty Panel and upheld subcommittee staff, for their hard subcommittee ranking member, the earlier this year by the U.S. Court of work on this bill. I look forward to gentleman from California (Mr. BER- Appeals for the District of Columbia. working together as we move this bill MAN) for their support and leadership Having said that, I support the bill to enactment. throughout this process. before us today because I am a realist; Mr. Speaker, I reserve the balance of I also want to recognize the contribu- because I believe that, on balance, the my time. tions of the leadership of the gen- bill goes a long way towards resolving Mr. TAUZIN. Mr. Speaker, I yield tleman from Virginia (Chairman BLI- significant competing policy objec- myself such time as I may consume. LEY); the ranking member, the gen- tives. Mr. Speaker, I rise in support of the tleman from Michigan (Mr. DINGELL); Certainly by allowing satellite car- manager’s amendment to H.R. 1554. I the subcommittee chairman, the gen- riers to transmit a local television sta- would like to begin by commending my

VerDate Aug 31 2005 03:55 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 J:\ODA15\MISCRE~1\1999\H27AP9.REC H27AP9 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS H2318 CONGRESSIONAL RECORD — HOUSE April 27, 1999 counterpart on the Committee on the in the satellite package; to make sure isiana (Mr. TAUZIN). As he pointed out, Judiciary, the gentleman from North that retransmission consent must- going back to 1992 we have tried to Carolina (Mr. COBLE), and recognizing, carry rules apply; that nonduplication move the universe in a way, first, indeed, that our competition and yet syndicated exclusivity and sports where the 18-inch dish satellite indus- our cooperation has yielded today a blackout protections are all included. try would be made possible. It was not very excellent product. In other words, to put satellite on before 1992, because this industry did Yesterday he and I introduced H.R. equal footing with cable so consumers not have access to HBO and Show Time 1554, the Satellite Copyright, Competi- can have a real choice. and the other programming that is nec- tion, and Consumer Protection Act, Mr. Speaker, this bill combines the essary to offer real competition to the which represents the combined work of telecom provisions of both the Save incumbent cable monopolies in com- the Committee on Commerce and the our Satellites Act and the Satellite munities across the country. Committee on the Judiciary. I want to Television Improvement Act. We, If we want these 18-inch dish sat- thank all colleagues on both commit- therefore, believe it is a great bill as a ellites to move from rural America and tees for working with us to craft a combination of our two committee ef- exurban America, the far reaches of compromise, and in fact to craft such forts. suburban American, into suburban and an important bill. I want to join my colleagues in urban America, so that people buy the The bill makes substantial reforms thanking the hard work of members on dishes and put them out between the to the telecommunications and copy- both committees, particularly the gen- petunias, we have to give them the pro- right law in order to provide the Amer- tleman from Virginia (Mr. BLILEY), the gramming they want. In most of Amer- ican consumer with a stronger, more chairman of the Committee on Com- ica they have already got their local viable competitor to their incumbent merce, for his excellent leadership; to TV stations. They can pick them up on cable operator whom we just completed the ranking member, the gentleman their cable system but they cannot the deregulatory process for this from Michigan (Mr. DINGELL), who has pick them up on their satellite dishes. March. Cable is deregulated. It needs a always worked so well with us; to the They have to take in these national competitor. This important legislation ranking member of the Subcommittee feeds of CBS, NBC, Fox. will provide cable with a real compet- on Telecommunications, Trade, and What we do in this legislation, and I itor. Consumer Protection, my good friend, think the gentleman from Louisiana Mr. Speaker, we saw similar impor- the gentleman from Massachusetts (Mr. TAUZIN) should be congratulated on this, I have worked with him closely tant legislation on the Floor before. In (Mr. MARKEY), who is such a good part- to accomplish the goal, is we make it 1992 my colleague and dear friend, the ner with me on these important issues; possible for the first time for an 18-inch gentleman from Massachusetts (Mr. to the gentleman from Illinois (Mr. dish satellite owner to get their local MARKEY) and I led the fight to the 1992 HYDE), the chairman of the Committee TV stations over their satellite dish. Cable Act on an issue called ‘‘program on the Judiciary; to the chairman of Consumers can pick up their local access.’’ That fight was to make sure the Subcommittee on Courts and Intel- channel 4, 5, 7, 25, 38, 68, with their that we could critically jumpstart the lectual Property, the gentleman from local sports teams over their satellite satellite industry. North Carolina (Mr. COBLE), and to the dish. ranking members, the gentleman from b 1430 Now, this is in an effort to balance Michigan (Mr. CONYERS) and the gen- Many noted that the program access two very important issues, localism tleman from California (Mr. BERMAN) and universal service. On the one hand, amendment that was adopted in that of the Committee on the Judiciary, for fight revolutionized the video program- we want everyone to have access to tel- their extraordinary cooperation. evision service, and that is why we ming industry and launched the age of This is bipartisan, bicommittee, and satellite direct-to-home video. were very flexible in allowing people to we are going to solve some awfully im- pick up over their satellite dishes these Today, the reforms we are consid- portant problems for every American ering are no less revolutionary in im- national fees. But as more and more in the country who enjoys video pro- people in the urban areas disconnected pact. Consumers today are pretty gramming in this country. I am pleased savvy. They now expect, indeed de- their cable system and bought a sat- to work with my colleagues on this ellite dish, that meant they were dis- mand, their video programming dis- compromise and join them in sup- tributor, whether it is a satellite com- connecting their local TV stations as porting this bill. well and the advertising revenues pany or a cable company or a broad- Mr. Speaker, I reserve the balance of caster or whoever it might be, that which these local TV stations need. my time. So here what we try to do is solve the they offer video programming that is Mr. MARKEY. Mr. Speaker, I yield problem using technology, which affordable with exceptional picture myself such time as I may consume. means that the local consumer can quality. I first want to begin by invoking the have universal access to their local TV Today, however, satellite carriers litany of saints who have worked on stations using a new technology, an 18- face legal and technological limita- this legislation. No easy task. Many in- inch satellite dish. Now, that is real tions on their ability to do so. These dulgences have been earned by Mem- progress. And the committees working same limitations put satellite carriers bers and staff alike that can be cashed together, I think, have formulated a at a competitive disadvantage to in- in, redeemed at a later point in their bill which really will work for the over- cumbent cable operators. life, as evidence of their good faith in all betterment of consumers, giving Even though broadcasters are experi- working together for the betterment of them a competitor to their local cable encing a dramatic reduction in overall the public in general. system and I think forging a new revo- audience share compared to just a few I want to thank the chairman of the lution in technology and consumer years ago, the overwhelming number of full Committee on Commerce, the gen- choice in America. consumers still want their local pro- tleman from Virginia (Mr. TOM BLI- Mr. Speaker, I want to congratulate gramming, the local television station, LEY); the chairman of the full Com- all Members, and I especially want to to provide services to them. Consumer mittee on the Judiciary, the gentleman thank my good friend, the gentleman surveys conclude that the lack of local from Illinois (Mr. HENRY HYDE); to the from Louisiana, for working with me broadcasting programming is the num- gentleman from Michigan (Mr. DIN- on this local-into-local issue, meaning ber one reason why consumers are un- GELL) and the gentleman from Michi- a local TV station gets fed right back willing to subscribe to satellite service gan (Mr. CONYERS), the Michigan duo, into the local market through their and, therefore, limited to a single com- who worked together cooperatively on satellite transmitter, their satellite petitor, the cable operator. this project; to the gentleman from dish. I think it is going to cause a real The bill today we are considering is California (Mr. BERMAN) and the gen- revolution. I thank all involved. designed to put satellite television pro- tleman from Virginia (Mr. BOUCHER) Mr. Speaker, I reserve the balance of viders on that competitive equal foot- and their staffs as well. my time. ing; to provide compulsory license to I would also like to recognize my Mr. COBLE. Mr. Speaker, how much retransmit the local broadcast signal good friend, the gentleman from Lou- time do I have remaining?

VerDate Aug 31 2005 03:55 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 J:\ODA15\MISCRE~1\1999\H27AP9.REC H27AP9 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 27, 1999 CONGRESSIONAL RECORD — HOUSE H2319 The SPEAKER pro tempore (Mr. residents to receive via satellite the mittee on Commerce and the Com- STEARNS). The gentleman from North network signals that they cannot re- mittee on the Judiciary, and I would Carolina (Mr. COBLE) has 5 minutes re- ceive from local stations. The legisla- like to express my personal apprecia- maining. tion that we are approving today ex- tion to many Members who helped in Mr. COBLE. Mr. Speaker, I yield my- tends that license and creates a better bringing this legislation to the floor, self such time as I may consume to re- means of predicting which homes can including the gentleman from Lou- iterate what the gentleman from Cali- receive adequate local television sig- isiana (Mr. TAUZIN), the chairman of fornia said regarding the staff. The nals. the Subcommittee on Telecommuni- staff has indeed done exemplary work It is my hope that this new standard cations, Trade, and Consumer Protec- on this, and I failed to mention that and this new predictive model will put tion; the gentleman from Michigan earlier. to rest the controversy that has long (Mr. DINGELL) the ranking member of Mr. Speaker, I yield 1 minute to the simmered between local broadcasters the full Committee on Commerce; the gentleman from Virginia (Mr. GOOD- on the one hand and the satellite car- gentleman from Massachusetts (Mr. LATTE). riers and their customers on the other MARKEY), the ranking member of the Mr. GOODLATTE. Mr. Speaker, I rise over which homes are eligible to re- Subcommittee on Telecommuni- today in support of the legislation in- ceive satellite-delivered network sig- cations, Trade, and Consumer Protec- troduced by my good friend, the gen- nals. tion; the gentleman from Illinois (Mr. tleman from North Carolina (Mr. The bill achieves another very impor- HYDE), the chairman of the Judiciary COBLE). This important legislation rep- tant objective. It authorizes the uplink Committee; and my good friend, the resents a much-needed compromise of local stations and the satellite deliv- gentleman from North Carolina (Mr. that will enable thousands of folks, ery of those stations back into the COBLE), the chairman of the Sub- many of whom live in my district, to market of their origination. This local- committee on Courts and Intellectual continue to receive their network sig- into-local service will enable the sat- Property. Mr. Speaker, this is a significant bill nals through satellite service. ellite industry to become a more viable For those who can receive their net- because it will promote genuine com- competitor to the cable television in- work signal over the air, this com- petition in the video programming dustry, with Americans receiving the promise will ensure that they get the marketplace. For too long now con- consequent benefits of market-estab- antenna they need to receive a quality sumers have sought competitive lished rates for multi-channel video over-the-air signal. Finally, this bill choices to their incumbent cable opera- programming. This new service will will speed the roll-out of local-into- tors. Consumers today view satellite also increase the ability of local broad- local satellite service by requiring a television as an effective substitute for casters to reach all of the homes with- joint study by the Copyright Office and incumbent cable system offerings. in their service territories. the Commerce Department on how to While satellite television currently de- I am concerned, however, that the best deliver local-into-local into rural livers hundreds of channels of high res- business plans of the carriers that have areas. olution digital programming, con- Mr. Speaker, this legislation provides announced an interest in offering the sumers clearly see the lack of local a badly needed solution to a problem local-to-local services extend only to broadcast programming as a reason not that cannot be delayed any longer. I the largest 67 out of 211 local television to subscribe. This bill will facilitate urge my colleagues to support this im- markets around the country. Under satellite-delivered local broadcast pro- portant compromise and keep this leg- this plan, most of rural America sim- gramming and, as such, shift satellite islation moving to provide relief to the ply will not receive the benefit of this television into higher gear in its quest hardworking Americans who deserve it. local-into-local service. to compete with cable. Mr. COBLE. Mr. Speaker, I reserve To address this concern, the bill di- The timing of this legislation is par- the balance of my time. rects the Copyright Office and the De- ticularly important because of the fact Mr. BERMAN. Mr. Speaker, how partment of Commerce to conduct an that the cable rate regulation expired much time do I have remaining? in-depth study of the availability of on March 31 this year. I have often said The SPEAKER pro tempore. Each of local television signals in rural Amer- that rate regulation has a sad history, the other three managers have 6 min- ica. A report to the Congress with find- given that rates continue to go up in utes remaining. ings and recommendations is directed spite of rate regulation. This is a bet- Mr. BERMAN. Mr. Speaker, I yield 3 for the year 2000, and it is my hope that ter approach. It is a procompetitive so- minutes to the gentleman from Vir- this examination will lead to construc- lution to the cable’s dominant market ginia (Mr. BOUCHER), a distinguished tive steps that, in turn, will assure the share. member of the subcommittee and a ability of more rural residents to re- Mr. Speaker, I again want to thank member who has spent a long time ceive high-quality local television sig- all of my colleagues for their steadfast working on this issue. nals. support and commitment for enacting (Mr. BOUCHER asked and was given I commend those who have authored this legislation, and I urge my col- permission to revise and extend his re- this measure. I was pleased to partici- leagues to support the bill. marks.) pate with them both in the Committee Mr. Speaker, I would also like to sug- Mr. BOUCHER. Mr. Speaker, I want on Commerce and the Committee on gest to my good friend, the chairman of to express appreciation to the gen- the Judiciary as we considered it, and the Subcommittee on Courts and Intel- tleman from California for yielding me I strongly urge its passage by the lectual Property, that in the future, this time. I am pleased to rise in sup- House. when we have a difference of opinion port of the legislation and I also want Mr. TAUZIN. Mr. Speaker, I yield 2 between his subcommittee and the to commend the bipartisan leadership minutes to the gentleman from Rich- Subcommittee on Telecommuni- cations, Trade, and Consumer Protec- of both the Committee on the Judici- mond, Virginia (Mr. BLILEY), and wel- ary and Committee on Commerce and come the chairman and leader of the tion, that he and I just settle it on the tennis court. their staffs that have worked effec- full Committee on Commerce. tively in order to achieve this reform. (Mr. BLILEY asked and was given b 1445 Thousands of my constituents and permission to revise and extend his re- Mr. MARKEY. Mr. Speaker, could I millions of rural residents throughout marks.) inquire as to how much time I have re- the Nation cannot receive an adequate Mr. BLILEY. Mr. Speaker, I thank maining? signal from their local TV station. the gentleman for yielding me this The SPEAKER pro tempore (Mr. They typically live in mountainous re- time, and I rise in strong support of STEARNS). The gentleman from Massa- gions where their receipt of a good H.R. 1554, the Satellite Copyright, chusetts has 6 minutes remaining. local TV signal is effectively blocked Competition and Consumer Protection Mr. MARKEY. Mr. Speaker, I yield by the obstructions between their Act, as amended. myself such time as I may consume. homes and the local TV stations. This bill, as others have said, rep- Mr. Speaker, the only reason that I In 1988, we enacted the section 119 resents the hard work and collabora- seek recognition at this time is be- compulsory license that enables these tion of the two committees, the Com- cause of an unfortunate omission in my

VerDate Aug 31 2005 03:55 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 J:\ODA15\MISCRE~1\1999\H27AP9.REC H27AP9 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS H2320 CONGRESSIONAL RECORD — HOUSE April 27, 1999 original listing of saints that deserve Mr. BERMAN. Mr. Speaker, I reserve Mr. DINGELL. Mr. Speaker, a fur- credit and I just want it to be known the balance of my time. ther question of my good friend. that the honorable gentleman from Mr. MARKEY. Mr. Speaker, I yield 3 Mr. Speaker, then is it my under- North Carolina (Mr. COBLE) shall be minutes to the gentleman from Michi- standing and is it correct that a broad- known as ‘‘blessed HOWARD COBLE’’ gan (Mr. DINGELL). cast station could, for example, nego- after this proceeding because of his for- (Mr. DINGELL asked and was given tiate a cash payment from one video bearance and understanding in this en- permission to revise and extend his re- distributor for retransmission consent tire process. marks.) and reach an agreement with other dis- At the end of the day, this is a very Mr. DINGELL. Mr. Speaker, I thank tributors operating in the same market important, high-value public interest the distinguished gentleman from Mas- that contains different prices or other product which is in the well of the sachusetts for yielding me the time. terms? House being debated today; and it is in Mr. Speaker, I rise in support of H.R. Mr. TAUZIN. Mr. Speaker, the under- no small measure because of the work 1554, the Satellite Copyright, Competi- standing of the gentleman is correct. of the gentleman from North Carolina tion, and Consumer Protection Act. As long as a station does not refuse to (Mr. COBLE), and I just wanted to rec- This is legislation which will stimulate deal with any particular distributor, a ognize that publicly. competition, which will make available station’s insistence on different terms Mr. Speaker, I reserve the balance of better service at better cost to our peo- and conditions in retransmission agree- my time. ple. ments based on marketplace consider- Mr. COBLE. Mr. Speaker, I yield my- I commend my friend, the gentleman ations is not intended to be prohibited self such time as I may consume. from Virginia (Mr. BLILEY), the chair- by this bill. Mr. Speaker, I would be remiss if I man of the full committee; the distin- Mr. DINGELL. Mr. Speaker, one fur- did not express my thanks to the gen- guished gentleman from Louisiana (Mr. ther question. tleman from Massachusetts (Mr. MAR- TAUZIN); the gentleman from Massa- So if a station negotiates in good KEY) for those generous comments. I chusetts (Mr. MARKEY), chairman of faith with a distributor, the failure to appreciate that very much. the subcommittee; our distinguished reach an agreement with that dis- Mr. Speaker, I yield 2 minutes to the ranking member; and their capable tributor would not constitute a dis- gentleman from Utah (Mr. CANNON), a staffs for working together in a fashion criminatory act that is intended to be member of the committee. which they did to help us achieve en- barred by this section? Mr. CANNON. Mr. Speaker, I thank actment of this legislation. Mr. TAUZIN. Mr. Speaker, the gen- the gentleman for yielding me the Mr. Speaker, I note my good friend tleman is again correct. time. the gentleman from Louisiana (Mr. Mr. DINGELL. Mr. Speaker, I urge Mr. Speaker, I rise today in support TAUZIN) is standing. There is an issue enactment of the legislation. of the Satellite Copyright, Competi- which requires further clarification, Mr. TAUZIN. Mr. Speaker, I yield 1 tion, and Consumer Protection Act. and I would like to engage in a col- minute to the gentleman from Ohio The act is important to my constitu- loquy with my good friend from Lou- (Mr. OXLEY), vice chairman of the Sub- ents and the people of Utah. isiana (Mr. TAUZIN), the chairman of committee on Telecommunications, A large number of my constituents the subcommittee. Trade, and Consumer Protection. cannot receive a clear television signal Mr. TAUZIN, I understand that Title (Mr. OXLEY asked and was given in their homes. Many of the rural resi- I contains telecommunications provi- permission to revise and extend his re- dents of my district live in ‘‘B’’ grade sions in the bill. It provides that a marks.) or ‘‘White’’ areas and have long been broadcast station cannot engage in dis- Mr. OXLEY. Mr. Speaker, I rise to isolated because of the geography of criminatory practices which prevent support this legislation and commend the district. They have installed home multichannel video programming dis- the gentleman from Virginia (Mr. BLI- satellite dishes so they can receive tributors from obtaining the station’s LEY), the gentleman from Louisiana news, educational, and entertainment consent to retransmit its signal. I un- (Mr. TAUZIN), the gentleman from Illi- programming that those who live in derstand that this provision is intended nois (Mr. HYDE), the gentleman from urban areas take for granted. to prevent exclusive contracts between North Carolina (Mr. COBLE), the gen- Unfortunately, despite available a broadcast station and any particular tleman from Massachusetts (Mr. MAR- technology, many still do not have ac- distributor. Is that correct? KEY), and the gentleman from Michi- cess to local network programming. Mr. TAUZIN. Mr. Speaker, will the gan (Mr. DINGELL) for all their hard This means they cannot be informed gentleman yield? work in bringing this pro-competitive about their communities and State Mr. DINGELL. I yield to the gen- bill before us today. without installing an antenna or other tleman from Louisiana. The matter certainly is a timely one, additional equipment, and even then a Mr. TAUZIN. Mr. Speaker, the under- as many of my rural constituents have clear signal is difficult. Rural residents standing of the gentleman, as usual, is difficulty with the network signals. should have the same convenient ac- correct. And this legislation we are considering cess to television programming as Mr. DINGELL. Mr. Speaker, reclaim- lowers copyright fees for distant net- those who live in urban areas. ing my time, I have a further question work signals, provides for the transi- This bill will allow satellite broad- of my good friend. tion to local-into-local satellite deliv- casters to transmit local programming Is this provision also intended to pro- ery of local broadcasts and contains to the rural residents of my district hibit a broadcast station from negoti- other pro-competitive features. and across the country. Those living in ating different terms and conditions, I am also, Mr. Speaker, concerned rural areas will finally be able to re- including price terms, with different that we should, now that we are pass- ceive the same broadcast service as distributors? ing this pro-competitive bill, make those living in urban areas. Mr. TAUZIN. Mr. Speaker, if the gen- sure that consumers enjoy the benefits This bill also makes great strides to- tleman would further yield, no. The of competition in the market for video ward increased competition in the tele- bill goes beyond prohibiting exclusive services. It is also vital to the develop- vision broadcast signal delivery indus- contracts in only one respect. In order ment of competition that will lead the try. Satellite carriers should be al- to prevent refusals by a station to deal FCC to proceed with further deregula- lowed to carry the same stations and with any particular distributor, the tion of the cable industry by relaxing provide the same services as cable sys- FCC is directed to bar not only exclu- or eliminating rules that limit the tems. Increased competition between sive deals but also any other discrimi- number of homes that may be passed providers will mean lower prices and natory practices, understandings, ar- by a cable MSO. improved service. rangements and activities by the sta- The 1992 Cable Act’s horizontal own- I urge my colleagues to vote in favor tion which have the same effect of pre- ership limits were imposed in an era of H.R. 1554. venting any particular distributor from where consumers lacked the kind of Mr. COBLE. Mr. Speaker, I reserve the opportunity to obtain a retrans- choices that they have today. It is time the balance of my time. mission consent arrangement. that the FCC understand that the

VerDate Aug 31 2005 03:55 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 J:\ODA15\MISCRE~1\1999\H27AP9.REC H27AP9 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 27, 1999 CONGRESSIONAL RECORD — HOUSE H2321 world has changed and makes the ap- ter services, more choices and lower staffs in this issue, and everyone else propriate changes as necessary to pro- rates for consumers. in America who has written and called vide more competition and at lower We also carry the famous ‘‘must on this very important issue of their cost. carry’’ provision, and that will ensure access to local television stations over The SPEAKER pro tempore. The gen- that satellite companies that choose their satellite. tleman from North Carolina (Mr. local-to-local service will give their b 1500 COBLE) has 21⁄2 minutes remaining. customers all and not just some of the Mr. COBLE. Mr. Speaker, I yield 1 local channels, thereby broadening the This is a revolution that we are unleashing in today’s legislation. We minute to the gentleman from Wash- choice consumers have in program- are going to make it possible for the ington (Mr. METCALF). ming. first time for people to buy an 18-inch (Mr. METCALF asked and was given As we approach the millennium and satellite dish and get their local TV permission to revise and extend his re- technology permits satellite and cable stations over the dish. They will be marks.) companies to deliver high-quality tele- able to disconnect their local cable Mr. METCALF. Mr. Speaker, in De- vision programming, it is important company. For the first time they will cember a U.S. District Court decision that we in Congress continue to mon- have some other place to go. It will not in Florida caused thousands of satellite itor these industries and make the ap- just be out in rural America or in the television subscribers throughout my propriate reforms to make the playing deep suburbs with big backyards. It is district up in Washington State to lose field level and competitive and to keep going to be in urban America. This is network service. The Federal Commu- the marketplace dynamic. going to be in house after house. In the nications Commission claims that I can assure my colleagues that the most densely populated parts of our those subscribers are located inside an Committee on the Judiciary is eager to country, people are going to be able area where they can pick up the signals continue its responsibilities in the now to buy satellite dishes, 18-inch of their local broadcast stations with a area. dishes, and know they get their local simple rooftop antenna and do not need Mr. TAUZIN. Mr. Speaker, I yield 70 TV stations as well. I cannot imagine a the satellite service. seconds to the gentlewoman from Wyo- bigger moment in the history of this Not necessarily true. In Washington ming (Mrs. CUBIN) who is actually a video revolution than what we are State we have mountains, large trees contributor to our committee’s work. doing here today. and other obstacles that can block the (Mrs. CUBIN asked and was given I hope that when we get done with broadcast signals. My constituents de- permission to revise and extend her re- this legislative process and the Presi- pend on satellite service for local news, marks.) dent signing the bill, that the provi- weather, and local emergency report- Mrs. CUBIN. Mr. Speaker, as a Mem- sions we have included here on the ing. That is why I commend the spon- ber who represents what is I consider House side are included, because the sors today on H.R. 1554. the most rural district in the entire promise of today is something that is This bill will provide relief for sat- Congress, which is the whole State of going to revolutionize the way in ellite customers by allowing satellite Wyoming, I rise in support of H.R. 1554. which America, and urban America es- companies to broadcast local stations I do appreciate that the chairmen of pecially, has access to all of the video into local markets. Further, it will di- the committees have made concessions programming being produced nation- rect the FCC to develop a new method on this rural issue. But there are, how- ally and at a local television station for determining television signaling in- ever, two measures that I think need to level across our country. Again I want tensity and impose a moratorium on be addressed to make sure that ade- to thank all of the Members. the planned shutoffs. quate service is available to rural sat- Mr. Speaker, I yield back the balance Mr. BERMAN. Mr. Speaker, I yield ellite viewers. of my time. the balance of my time to the gen- First of all, I believe that until the Mr. COBLE. Mr. Speaker, I yield my- tleman from Michigan (Mr. CONYERS) FCC adopts a comprehensive solution self such time as I may consume. ranking member of the full committee. or replaces or modifies the 1950 stand- This has been a special day. To all, I The SPEAKER pro tempore. The gen- ard for determining whether a house- am appreciative, both on this floor and tleman from Michigan is recognized for hold can receive an acceptable over- from all corners of this country. To 3 minutes. the-air picture, both DBS and C-band close out, Mr. Speaker, to sum up, we (Mr. CONYERS asked and was given subscribers should be allowed to con- are here because we are giving a break permission to revise and extend his re- tinue to receive distant network broad- to the satellite carriers in order to help marks.) cast signals in lieu of the local signal. them compete. Under this bill these Mr. CONYERS. Mr. Speaker, I thank The second issue that I am particu- carriers no longer have to clear permis- sion from copyright owners to re- the gentleman from California for larly interested in has to do with pro- transmit their programming. They can yielding me the time. viding local-to-local service to rural retransmit without permission by My colleagues, the reason we can America. Giving the satellite industry availing themselves of a compulsory bring a bill like this, of this com- the right to retransmit local network plexity, under the suspension rules is government license. signals into local areas will provide Normally, Mr. Speaker, I am averse because of the good work of our staffs competition to cable systems and drive to government license. But in this case and of our colleagues on the Com- costs down for both cable and satellite to encourage competition, I endorse a mittee on the Judiciary. service. limited license. In closing, I want to The gentleman from North Carolina A significant number of constituents say that I join with the gentleman (Mr. COBLE), the gentleman from Cali- that I have do not have the choice be- from California (Mr. BERMAN) in hoping fornia (Mr. BERMAN) the ranking mem- tween satellite and cable because the for a return to the free market for ber, and the other committee and its distances between homes and urban copyright and a repeal of all these li- leadership all work together quite well. centers are not possible for cable. censes in the future after competition And I also want to compliment the So what I would like us to do is look has been assured. members of the staff that did this, as very strongly into ensuring that we Again, I thank all parties who have well. give satellite companies incentives contributed, Mr. Speaker. Obviously, there were many complex- rather than Federal mandates for pro- Mr. Speaker, I yield back the balance ities. I am pleased that the way things viding local-to-local service. of my time. have worked out. We are revising the Mr. MARKEY. Mr. Speaker, I yield Mr. TAUZIN. Mr. Speaker, I yield 1 satellite compulsory license law to myself such time as I may consume. minute to the gentleman from North allow companies to retransmit local The SPEAKER pro tempore. The gen- Carolina (Mr. BURR), himself a leader news, weather, sports, safety an- tleman from Massachusetts (Mr. MAR- in the fight to get local television into nouncements. In other words, local-to- KEY) has 2 minutes remaining. satellite programming. local service can now be had and will Mr. MARKEY. Mr. Speaker, again, I (Mr. BURR of North Carolina asked allow the satellite industry, in addi- want to thank all of the Members who and was given permission to revise and tion, to compete with cable to get bet- have involved themselves with their extend his remarks.)

VerDate Aug 31 2005 03:55 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 J:\ODA15\MISCRE~1\1999\H27AP9.REC H27AP9 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS H2322 CONGRESSIONAL RECORD — HOUSE April 27, 1999 Mr. BURR of North Carolina. Mr. the bill before us today, repeals the strict pro- the burdensome and anti-consumer ‘‘must- Speaker, I would like to also thank my hibition of local network programming via sat- carry’’ regulations on satellite service providers colleagues on the Committee on Com- ellite to local subscribers BUT in so doing is to ‘‘keep the playing field level,’’ my bill allows merce and the Committee on the Judi- chock full of private sector mandates and bu- bona fide competition by repealing the must- ciary for bringing this legislation to reaucracy expanding provisions. H.R. 1554, carry from the already over-regulated cable in- the floor. My interest in DBS tech- for example, requires Satellite carriers to di- dustry. nology began really last August when I vulge to networks lists of subscribers, expands Genuine competition is a market process first introduced a local-to-local bill. It the current arbitrary, anti-market, government and, in a world of scarce resources, it alone appeared to me then as it does now royalty scheme to network broadcast program- best protects the consumer. It is unfortunate that once the new technologies de- ming, undermines existing contracts between that this bill ignores that option. It is also un- signed to facilitate transmission of cable companies and network program own- fortunate that our only choice with H.R. 1554 local TV signals to their local markets ers, violates freedom of contract principles, im- is to trade one form of government interven- are up and running, satellite television poses anti-consumer ‘‘must-carry’’ regulations tion for another—‘‘ban voluntarily exchange or will provide a swift and viable competi- upon satellite service providers, creates new bureaucratically regulate it?’’ Unfortunate, in- tion to cable television. This in turn authority for the FCC to ‘‘re-map the country’’ deed. will allow customers to take full ad- and further empowers the National Tele- Mr. HUTCHINSON. Mr. Speaker, I rise vantage of the open multichannel video communications Information administration today in reluctant support of H.R. 1554, the programming market that is being cre- (NTIA) to ‘‘study the impact’’ of this very legis- ‘‘Satellite Copyright, Competition, and Con- ated with cable deregulation. The bill lation on rural and small TV markets. sumer Protection Act.’’ This bill is the first step we have before us today will not only This bill’s title includes the word ‘‘competi- towards ensuring competition among the dif- bring this much needed competition to tion’’ but ignores the market processes’ inher- ferent telecommunications providers—includ- the market but it will alleviate some ent and fundamental cornerstones of property ing satellite, cable, and broadcasting. Under of the problems satellite TV viewers rights (to include intellectual property rights) this bill, satellite companies are no longer are experiencing as a result of the and voluntary exchange unfettered by govern- banned from retransmitting local network sig- court decisions. ment technocrats. Instead, we have a so- nals back into local markets, providing cus- In closing, Mr. Speaker, I again want called marketplace fraught with interventionism tomers with local news, sports, and entertain- to thank the gentleman from Lou- at every level. Cable companies are granted ment. Unfortunately, due to cost and a lack of isiana (Mr. TAUZIN), the gentleman franchises of monopoly privilege at the local from Massachusetts (Mr. MARKEY), the technology, satellite companies are prevented level. Congresses have previously intervened gentleman from California (Mr. BER- from offering local service or spot beaming to invalidate exclusive dealings contracts be- MAN) and the gentleman from North signals to all television markets. Assuming the tween private parties (cable service providers Carolina (Mr. COBLE). I am truly ex- satellite companies will move into the largest and program creators), and have most re- cited about the possibilities that can and most lucrative markets, rural areas will not cently assumed the role of price setter—deter- happen from this piece of legislation. benefit from this bill, and will not be able to re- mining prices at which program suppliers must This is truly a piece of legislation writ- ceive their local networks via their satellite. make their programs available to satellite pro- ten with the American people in mind. With few options, satellite customers who live Mr. TAUZIN. Mr. Speaker, I yield graming service providers under the ‘‘compul- in rural areas will be forced to rely on T.V. top myself the balance of my time. sory license.’’ or giant roof top antennas to receive their local Unfortunately, this bill expands the govern- I commend the Speaker pro tempore, programming from the broadcast stations. ment’s role to set the so-called just price for first of all, whom I know wanted to Though these antennas receive quality signals satellite programming. This, of course, is in- speak from the House floor in support for some people, I am very concerned about herently impossible outside the market proc- of this legislation for his handling of those individuals who live outside of a Grade ess of voluntary exchange and has, not sur- this matter today. I again thank the ‘‘A’’ area or are prevented from receiving their gentleman from North Carolina (Mr. prisingly, resulted instead in ‘‘competition’’ signal for some other reason. Under this bill, COBLE) for his excellent cooperation as among service providers for government favor this issue is partially addressed by instructing he has always exhibited with me and rather than consumer-benefiting competition the FCC to determine whether new regulations the members of our subcommittee and inherent to the genuine market. are needed to gage signal strength. This bill While it is within the Constitutionally enu- to thank the staff. We sometimes fail also provides for a speedy review for individ- merated powers of Congress to ‘‘promote the to do that. I want to make sure that uals who contest that they cannot receive an Progress of Science and useful Arts by secur- both the minority staff and the major- adequate signal by antenna. However, while ing for limited Times to Authors and Inventors ity staff on both committees are high- this bill does establish a moratorium on further lighted today because so much of this the exclusive Right to their respective Writings signal shut-offs until December 31st of this technical work is their hard work and and Discoveries,’’ operating a clearinghouse year, I am concerned about the thousands of product. I want to thank them for it. for the subsequent transfer of such property individuals in my District who are presently Finally, to join the gentleman from rights in the name of setting a just price or in- without broadcast television. This bill does not Massachusetts (Mr. MARKEY) in his ex- stilling competition seems not to be an eco- address their plight. While I appreciate the hortation that this indeed is a revolu- nomically prudent nor justifiable action under hard work that both the Judiciary and Com- tionary moment in video programming. this enumerated power. This can only be merce Committees have done, it is my hope I want to thank all of my colleagues achieved within the market process itself. that we can work together with the Senate to for coming together to make this hap- I introduced what I believe is the most pro- devise an equitable solution that will assist pen, not for the satellite or cable com- consumer, competition-friendly legislation to these consumer. panies but for the consumers of Amer- address the current government barrier to Mr. PACKARD. Mr. Speaker, I rise in sup- ica because this truly is one of the best competition in television program provision. port of H.R. 1554, the Satellite Home Viewer consumer protection bills we have My bill, the Television Consumer Freedom Act. Satellite television subscribers should passed in a good long while. Act, would repeal federal regulations which have the same rights as cable subscribers Mr. PAUL. Mr. Speaker, today we are faced interfere with consumers’ ability to avail them- when it comes to receiving network broadcast with an unfortunate and false choice between selves of desired television programming. It signals. two evils. The false choice is whether the gov- repeals that federal prohibition and allows sat- The Satellite Home Viewer Act will give sat- ernment should ban voluntary exchange or ellite service providers to more freely negotiate ellite carriers the right to air local television regulate it—as though these were the only two with program owners for just the programming broadcasts. This is very important to my dis- options. More specifically, today’s choice is desired by satellite service subscribers. Tech- trict, where many citizens have to revert to whether government should continue to main- nology is now available by which viewers will purchasing a satellite dish for better reception. tain its ban on satellite provision of network be able to view network programs via satellite Without H.R. 1554, many still can’t water their programming to television consumers or re- as presented by their nearest network affiliate. local news. They should be allowed to receive place that ban by expanding an anti-market, This market-generated technology will remove local television signals with a dish, just like anti-consumer regulatory regime to the entire a major stumbling block to negotiations that they can with cable. satellite television industry. should currently be taking place between net- H.R. 1554 will provide a discount on copy- H.R. 1554, the Satellite Copyright, Competi- work program owners and satellite service right fees for network programming. This lev- tion, and Consumer Protection Act of 1999, providers. Additionally, rather than imposing els the playing field between satellite and

VerDate Aug 31 2005 03:55 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00016 Fmt 7634 Sfmt 9920 J:\ODA15\MISCRE~1\1999\H27AP9.REC H27AP9 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 27, 1999 CONGRESSIONAL RECORD — HOUSE H2323 cable industries, in turn promoting competition sumers and they seem to have forgotten how tainment. The average viewer expects and de- and lowering the prices for consumers. to treat their customers. mands to receive the clearest television pic- I urge my colleagues to support H.R. 1554. The recent decision to remove network sig- ture and audio available. Over-the-air recep- It is time we open up the way for true cable nals from at least 700,000 homes was poor tion does not meet those expectations. That is competition and remove anti-customer bar- judgment on the part of the industries involved why this legislation is critical for Americans riers. Consumers have a right to greater and I believe they will suffer the anger of the subscribing to satellite programming. choice of quality television programming. many rural consumers who were victims of the I have two concerns remaining with the leg- Mr. BEREUTER. Mr. Speaker, this Member battle between the broadcasters and satellite islation, one that is dealt with and one that will rises to support H.R. 1554, the Satellite Copy- providers. No one has taken into consideration hopefully be dealt with. right, Competition and Consumer Protection the thousands of rural households that simply The first: If satellite providers started pro- Act, but that support is accompanied by res- cannot receive signals from their local net- viding local signals today to consumers, they ervations. works with an antenna. It is not reasonable to would not be close to being able to deliver There are many good reasons to support expect rural consumers to settle for poor re- every local channel in every local market. In this bill. It provides a way for satellite compa- ception based on an arcane definition of who fact, I believe that providers with their current nies to carry local stations in rural areas and can and cannot receive local signals, when satellite capacity would be able to deliver all metropolitan areas. It requires satellite compa- they are willing to pay extra for a better quality the local channels in just a small handful of nies to accept the must carry provisions. It will picture from their satellite provider. markets. These providers would basically have expedite the waiver process for customers That is why I believe that this legislation is to pick and choose which local markets to who do not receive local signals. And, it will a step in the right direction. The provisions serve, which will likely result in rural con- encourage the increased competition that is that allow satellites to provide local network sumers not being able to receive their local necessary for all Americans to more fully ben- signals will protect local networks and allow channels. efit from the revolution in telecommunications. rural consumers to receive quality signals. I This legislation tries to ease this carriage This Member has heard from many Nebras- am also happy to see a provision that requires burden by granting satellite carriers a transi- kans who are frustrated about the restrictions the FCC to develop a new standard for deter- tion period until January 1, 2002 to comply in the Satellite Home Viewer Act that compel mining whether a TV viewer can receive local with must-carry rules, which requires providers satellite carriers to stop transmitting network station signals, and requires the satellite pro- to carry all local channels in markets they signals to their customers. We must provide a viders and broadcasters to bear the cost of choose to delivery local signals. way for residents of rural areas to receive net- on-site tests of viewer reception quality. I think must-carry is a fair burden for sat- work satellite service. At present, satellites When I am disappointed that network sig- ellite providers because cable operators have offer the best opportunity for increased com- nals will not be returned to the households to exist under the same conditions. My fear petition with cable television systems. which lost them, I do support this bill and hope stems from a worry that come January 1, Unfortunately, this bill includes a provision that the Senate will take action similar legisla- 2002, if these satellite providers continue to that will further an injustice that cable cus- tion so that we can get network signals back lack the capacity to serve every market in the tomers in some of our small, rural commu- to my constituents. country, they will choose to ignore the smaller nities are already experiencing. For years, be- Mr. STEARNS. Mr. Speaker, I rise today in and more rural television markets, such as my cause of the Federal Communications Com- support of the Satellite Home Viewer Act. sixth congressional district in North Central mission’s enforcement of syndicated exclu- Many people deserve credit for their efforts in Florida. sivity and non-duplication rules, cable cus- getting this bill to the House floor, especially With the efforts of Chairman TAUZIN, this tomers in certain small communities located in my chairman in the House Telecommuni- legislation includes a requirement that the some state border areas have not been able cations Subcommittee, Mr. TAUZIN, and the Register of Copyrights and the Assistant Sec- to watch television programs produced by sta- ranking Member in the Subcommittee, Mr. retary of Commerce for Communications and tions in their own state. Their cable systems MARKEY. Information shall conduct a study and report to are prohibited from transmitting the news and Mr. COBLE also deserves many thanks for Congress no later than July 1, 2000 primarily other programming that relates to the cus- his work producing this bill. whether small and rural markets are being ef- tomer’s own state. This bill applies those As our colleagues in the House know, all of fectively served by their local signals. same restrictions to satellite companies, and our constituents who subscribe to satellite I thank Mr. TAUZIN for including this study makes no provision or exception for those services rightfully expert to receive their local language and requiring them to report back to small communities near state borders that are television programming one way or another Congress by July 1 of next year, which will ‘‘blacked out’’ of their own state’s news and through their satellite carrier. Until today, our hopefully allow us time to make any necessary sports. constituents have not had the ability to do so changes to aid consumers in these type of In 1992, when the 102nd Congress consid- because satellite providers have not had the markets. ered the Cable Television Consumer Protec- proper copyright authority to retransmit those My final concern is in regard to satellite con- tion and Competition Act, this Member sup- signals. sumers who own C-Band dishes. A C-Band ported an amendment introduced by the gen- The heart of this legislation gives the sat- dish is the big satellite dishes we often see in tleman from California (Mr. DOOLITTLE) that ellite provider the legal authority to carry the rural areas. These were the first consumer would have provided an exception for those local television signals directly into consumers satellite dishes on the market. Unfortunately, few, but very important, communities.That homes. these dish owners are not granted a similar amendment was withdrawn when the then- The other focus point of this legislation is moratorium date that will be given to other sat- Chairman of the Telecommunications Sub- how we manage the transition from today, ellite consumers to have until the end of this committee agreed to revisit the issue. Now, al- where no consumers receive their local sig- year before they lose their distant network sig- most seven years later, those communities nals, to when they can. As our colleagues are nals. have not seen relief, and we are acting on leg- aware, many consumers had been receiving There are over 70,000 C-Band owners in islation that will perpetuate their problem. network channels from television markets in Florida alone and over a million nationwide. I We must resolve the current satellite prob- other areas of the country because they could hope as we move to Conference or before the lems and this measure is intended to do that. not receive their local signals. bill returns to the House, this anomaly is cor- But, those state-border communities have yet Unfortunately, many if not most were receiv- rected to allow an even moratorium for all sat- to see their problem resolved, and this Mem- ing those signals illegally because they were ellite consumers. ber assures them that he is preparing a bill within the reach of receiving an over-the-air Ms. JACKSON-LEE of Texas. Mr. Speaker, that addresses that problem. signal from their local stations. Under current I rise to speak on behalf of this bill, the Sat- Mr. EWING. Mr. Speaker, I want to express law, as was upheld in federal court, satellite ellite Copyright, Competition, and Consumer my strong support for this legislation and to customers can only receive a distant network Protection Act of 1999, which redefines the say it is long overdue. I have received hun- signals if they reside outside a Grade B signal role of part of our telecommunications indus- dreds of calls and letters from my constituents area for local markets or if they cannot receive try. who are irate that they have lost their CBS a local signal because of topographical bar- This bill is an important one for several rea- and FOX stations from their satellites. It riers. sons. First, because it provides the rules and amazes me that the two industries involved But frankly, in our ever evolving high-tech regulations that will allow satellite service pro- could not resolve this issue between them- world, being limited to yesterday’s television viders, like Prime Star and Direct TV, to com- selves. Both of them provide a service to con- technology is an anachronistic means of enter- pete for television services in areas that have

VerDate Aug 31 2005 03:55 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00017 Fmt 7634 Sfmt 9920 J:\ODA15\MISCRE~1\1999\H27AP9.REC H27AP9 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS H2324 CONGRESSIONAL RECORD — HOUSE April 27, 1999 until now, been traditionally dominated by service was not an option. Moreover, satellite purposes of title 46, United States cable companies. service offered them the clear, unobstructed Code, and other maritime laws of the This is because up until now, satellite serv- signal they could not receive from a rooftop United States, as amended. ice providers, unlike their land-based competi- antenna. These hard working families do not The Clerk read as follows: tors, have not be allowed to rebroadcast local deserve to lose the quality of the only service H.R. 1034 television signals. The result of this inequity they have the option of enjoying. Be it enacted by the Senate and House of has seriously undermined the ability of dish As a cosponsor of the original legislation, I Representatives of the United States of America providers to provide meaningful competition to support H.R. 1554, ‘‘The Satellite Copyright, in Congress assembled, cable, notwithstanding the development of Competition, and Consumer Protection Act of SECTION 1. FINDINGS. small dish-based systems that are more af- 1999.’’ I watched the development of this bill The Congress finds the following: fordable than ever before. This inequity has closely and I am very grateful to the Members (1) The canal known as the James River and only been further highlighted by cable compa- who have worked together to bring this legisla- Kanawha Canal played an important part in nies, who in the spirit of American advertising, tion to the floor. H.R. 1554 is more than a the economic development of the Commonwealth have waged a successful marketing war quick fix; by focusing on competition rather of Virginia and the city of Richmond. (2) The canal ceased to operate as a func- against satellite-based systems by point out than regulation, this legislation addresses the tioning waterway in the conduct of commerce in the fact that even those customers with the heart and future of this market. the late 1800s. finest satellite systems are still destined to be Each year more Americans subscribe to sat- (3) Portions of the canal have been found by encumbered by old-fashioned ‘‘rabbit ear’’ an- ellite service. However, these Americans can- a Federal district court to be nonnavigable. tennas if they wanted to receive their regular not always access their local news, weather, (4) The restored portion of the canal will be local programming. or community stations. H.R. 1554 brings to the utilized to provide entertainment and education This bill rectifies this situation, by finally al- table the same ‘‘must carry’’ requirements that to visitors and will play an important part in lowing satellite system providers to provide Congress implemented on the cable industry. the economic development of downtown Rich- local television programming to their cus- mond. Local broadcasting serves a ‘‘public good’’ by (5) The restored portion of the canal will not tomers. This means that my constituents in providing community programming and local be utilized for general public boating, and will Houston will be able to select between at least information. If satellite service is to become an be restricted to activities similar to those con- two services to satisfy their television needs— equal competitor in the broadcast market, they ducted on similar waters in San Antonio, Texas. something that many of us have looked for- must be held to the same set of standards as (6) The continued classification of the canal ward to for a long time. The fact that we are their competition. as a navigable waterway based upon historic giving dish-providers the ability to rebroadcast Moreover, this legislation addresses the dis- usage that ceased more than 100 years ago does local signals, however, does not come without crepancies in the present ‘‘graded contour not serve the public interest and is unnecessary additional responsibility. Under this bill, dish- system,’’ which fails to recognize the topog- to protect public safety. (7) Congressional action is required to clarify providers will not be able to carry only those raphy of certain regions. This system has un- that the canal is no longer to be considered a signals that stand to earn them a great deal of fairly prohibited many of my constituents from navigable waterway for purposes of subtitle II profit—they must also carry all of those local continuing to receive certain broadcast signals of title 46, United States Code. signals that are required of the cable compa- because of the location of their home. Thank- SEC. 2. DECLARATION OF NONNAVIGABILITY OF A nies. After all, this bill was designed in order fully, this legislation will require the FCC to re- PORTION OF THE CANAL KNOWN AS to erase inequities, not further them. view and reconstruct this outdated system and THE JAMES RIVER AND KANAWHA CANAL IN RICHMOND, VIRGINIA. Another mechanism in this bill that provides return service to the those who rely on this (a) CANAL DECLARED NONNAVIGABLE.—The for an equal footing is the non-discrimination service. portion of the canal known as the James River clause, which tells broadcasters that they must Once again, I want to thank Chairman BLI- and Kanawha Canal in Richmond, Virginia, lo- make their signals available for rebroadcast by LEY, Chairman HYDE, and all the members of cated between the Great Ship Lock on the east cable and satellite companies. This prevents the Commerce and Judiciary Committees for and the limits of the city of Richmond on the broadcasters from altering the landscape of bringing this bill to the floor of the House. west is hereby declared to be a nonnavigable competition in their markets by tipping the GENERAL LEAVE waterway of the United States for purposes of scales in favor of one side over the other by Mr. TAUZIN. Mr. Speaker, I ask subtitle II of title 46, United States Code. allowing them to choose whom will have the (b) ENSURING PUBLIC SAFETY.—The Secretary unanimous consent that all Members of Transportation shall provide such technical rights to rebroadcast their signals. may have 5 legislative days to revise advice, information, and assistance as the city Having said that, although the debate on and extend their remarks on H.R. 1554. of Richmond, Virginia, or its designee may re- this bill, which came out of both the Com- The SPEAKER pro tempore (Mr. quest to insure that the vessels operating on the merce and Judiciary Committees, has been fe- STEARNS). Is there objection to the re- waters declared nonnavigable by subsection (a) verish at times, I believe we have reached an quest of the gentleman from Lou- are built, maintained, and operated in a manner amicable situation to each of the interested isiana? consistent with protecting public safety. parties involved. Most of all, however, I am There was no objection. (c) TERMINATION OF DECLARATION.— convinced that we are addressing a topic that The SPEAKER pro tempore. The (1) IN GENERAL.—The Secretary of Transpor- is vital to the comfortable living of our constitu- tation may terminate the effectiveness of the question is on the motion offered by declaration made by subsection (a) by pub- ents. During debate on several of the more the gentleman from Texas (Mr. ARMEY) lishing a determination that vessels operating controversial provisions, we have received a that the House suspend the rules and on the waters declared nonnavigable by sub- great deal of mail from constituents, both sat- pass the bill, H.R. 1554, as amended. section (a) have not been built, maintained, and ellite and cable customers, asking us to ad- The question was taken. operated in a manner consistent with protecting dress this issue in earnest. I feel that with this Mr. COBLE. Mr. Speaker, on that I public safety. bill, I can go back to Houston and reassure demand the yeas and nays. (2) PUBLIC INPUT.—Before making a deter- my community that relief is on the way. The yeas and nays were ordered. mination under this subsection, the Secretary of I urge each of you to support this legislation, The SPEAKER pro tempore. Pursu- Transportation shall— (A) consult with appropriate State and local and to support meaningful competition for our ant to clause 8 of rule XX and the government officials regarding whether such a constituents. Chair’s prior announcement, further determination is necessary to protect public Mr. GILMAN. Mr. Speaker, I would first like proceedings on this motion will be safety and will serve the public interest; and to take this opportunity to thank my colleagues postponed. (B) provide to persons who might be adversely from the Commerce and Judiciary Committees f affected by the determination the opportunity for dedicating so much of their valuable time for comment and a hearing on whether such ac- to this legislation. DECLARING PORTION OF JAMES tion is necessary to protect public safety and Over the past few months I have received RIVER AND KANAWHA CANAL TO will serve the public interest. an overwhelming number of phone calls and BE NONNAVIGABLE The SPEAKER pro tempore. Pursu- letters from constituents who are outraged Mr. SHUSTER. Mr. Speaker, I move ant to the rule, the gentleman from over the loss of their television stations. These to suspend the rules and pass the bill Pennsylvania (Mr. SHUSTER) and the families live in rural New York, among the (H.R. 1034) to declare a portion of the gentleman from Mississippi (Mr. TAY- peaks and valleys of the Catskill Mountains. James River and Kanawha Canal in LOR) each will control 20 minutes. They turned to the satellite industry to provide Richmond, Virginia, to be nonnav- The Chair recognizes the gentleman them with broadcast signals because cable igable waters of the United States for from Pennsylvania (Mr. SHUSTER).

VerDate Aug 31 2005 03:55 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 J:\ODA15\MISCRE~1\1999\H27AP9.REC H27AP9 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 27, 1999 CONGRESSIONAL RECORD — HOUSE H2325 Mr. SHUSTER. Mr. Speaker, I yield Mr. SHUSTER. Mr. Speaker, I yield eration of canal boats on the James River & myself such time as I may consume. such time as he may consume to the Kanawha Canal. As you know, members of Mr. Speaker, I rise in support of H.R. gentleman from Virginia (Mr. BLILEY), your staffs and the committee visited Rich- 1034, a bill to declare a portion of the the author of this legislation. mond yesterday to gain a first hand under- standing of what this project entails. historic canal system in Richmond, (Mr. BLILEY asked and was given The staff has expressed a desire to have a Virginia, to be nonnavigable for pur- permission to revise and extend his re- fuller understanding of the actions the City poses of subtitle II of title 46, United marks.) of Richmond will take after the canal is de- States Code. Mr. BLILEY. Mr. Speaker, I rise clared non-navigable to insure that boats op- The Richmond canal system is part today in support of H.R. 1034, a bill I erated on the canal are built, maintained of a waterfront economic development introduced with the gentleman from and operated in a manner that will insure project undertaken by the city of Rich- Virginia (Mr. SCOTT) to declare a por- public safety. As you know, the Coast Guard mond. This bill will allow the city to tion of the James River and Kanawha has reviewed the design of the boats that will be used on this canal and found the de- offer boat tours on the canal and to Canal nonnavigable for purposes of sub- bring economic opportunities to down- sign suitable for a passenger load of up to 40 title II of title 46 of the U.S. Code. people. The Coast Guard has also reviewed town Richmond. The Coast Guard has The city of Richmond along with other aspects of the planned operation. As I reviewed the city’s plans for the boat Richmond’s Riverfront Management understand it, the staff is not concerned with tours and has found no safety problems Corporation, a nonprofit group of local the operations as planned, but is seeking with the operation. business and community leaders, have some assurance of how the city will address This bill reflects a bipartisan agree- been working for several years to rede- changes in operation that may be proposed ment worked out with the city of Rich- velop downtown Richmond. Their local at some time in the future. mond. It provides additional safety It would be the city’s intention to require historic preservation efforts will pro- that it receive notification from its oversight of the Richmond Canal if mote much needed economic develop- that becomes necessary in the future. franchisee (i.e. the Riverfront Management ment in Richmond’s historic downtown Corporation), of any material changes in the The gentleman from Virginia (Mr. BLI- and serve as a boost to tourism in design or operation of canal boats on the LEY) is the primary author of this bill. Shockoe Slip and along the Richmond James River & Kanawha Canal. The city It is through his leadership that we are Canal front. would then utilize the provisions of section here today. I certainly commend him The focal point of this renaissance is 2(b) of the current draft of legislation to seek for his tenacity in getting us to bring a Canal Walk along the Haxall and advice and assistance from the Secretary of this legislation to the floor. I urge my James River and Kanawha Canals. The Transportation to enable the city to deter- mine whether or not the proposed changes in colleagues to support this bill. city of Richmond and Riverfront Man- Mr. Speaker, I reserve the balance of operation or boat design were consistent agement Corporation hope to operate with protecting public safety. The city would my time. boat rides for tourists on the canals. Mr. TAYLOR of Mississippi. Mr. then exercise its authority under existing Despite being filled in with dirt for 50 law to take appropriate action. Speaker, I yield myself such time as I years, the canal was considered a navi- The city takes its obligation to protect may consume. gable waterway and under Coast Guard public safety seriously and will make appro- Mr. Speaker, I rise today in support jurisdiction because of its past use, priate use of local, state, federal, and private of H.R. 1034, a bill to designate a por- over 100 years ago, in interstate com- sector expertise to insure that this project is tion of the James River and Kanawha operated consistent with protecting public merce. The James River and Kanawha Canal in Richmond as nonnavigable for safety. The canal redevelopment is of vital Canal ceased to be used for interstate purposes of subtitle II of title 46, importance to the economic development of commerce in the 1880s. The Haxall is United States Code. Richmond. The project is nearing completion Mr. Speaker, this is a very non- already nonnavigable because it origi- and prompt passage of legislation is nec- controversial bill. Its purpose is to nated as a millrace. essary. This is not a major waterway. The I hope this letter will serve to clarify the allow the city of Richmond to regulate manner in which the city plans to proceed safety on this small body of water in- canal, as the gentleman from Mis- sissippi pointed out, averages a depth once these waters are declared non-navi- stead of the United States Coast gable. Guard. The Kanawha Canal is about 1 of 3 feet. At one point it is only 24 Sincerely, mile long and 23 feet wide, with an av- inches deep. It has a width of approxi- TIMOTHY M. KAINE, Mayor. erage depth of 3 feet. As part of an mately 23 feet. It is a controlled chan- urban renewal project, the city is going nel with a constant water surface ele- CITY OF RICHMOND, to have small boats taking passengers vation and water velocity. Richmond, VA, April 20, 1999. The city of Richmond sought the Hon. THOMAS J. BLILEY, JR., up and down the canal. This legislation House of Representatives, will allow the city of Richmond to reg- oversight responsibility for the James River and Kanawha Canal, and Rich- Washington, DC. ulate the safety of the passengers on DEAR CONGRESSMAN BLILEY: It was a pleas- those vessels. If the Coast Guard finds mond’s Mayor Tim Kaine has written ure speaking with you on Monday con- that the vessels operated on these wa- me and the gentleman from Virginia cerning the renovation and reopening of ters are built, maintained, or operated (Mr. SCOTT) to ensure us the city takes Richmond’s Historic Canal System. We cer- in a manner that does not protect the its obligation in protecting public safe- tainly appreciate your efforts to assist us public, then the United States Coast ty seriously. with the Coast Guard regulation of the canal. Guard can revoke the nonnavigability Mr. Speaker, I include copies of the two letters from the mayor in the As we discussed, I will introduce an ordi- determination and subject all of the nance on Monday, April 26 mandating that RECORD at this point. vessels operating on the canal to full the canal boats will carry no more than 40 Coast Guard inspection and licensing of CITY OF RICHMOND, passengers during operation. I expect that personnel. Because of the Coast Richmond, VA, April 13, 1999. this ordinance will not encounter any oppo- Guard’s safety expertise, the city of Hon. THOMAS J. BLILEY, sition and should be passed at our meeting Richmond has committed to consulting Hon. ROBERT C. SCOTT, on May 10. Once the ordinance is passed, I with the Coast Guard before allowing Rayburn House Office Building, will send a copy to you for appropriate dis- Washington, DC. tribution. any material changes to the construc- DEAR MESSRS. BLILEY AND SCOTT: I want to Thank you so much for assistance on this tion, maintenance or operation of these express my appreciation on behalf of the matter. We have waited a long time to re- vessels. City of Richmond to you for introducing open this historic resource and it will be a Mr. Speaker, I believe that this bill H.R. 1034 to declare the James River and great benefit to generations of Richmonders. adequately balances the desire to pro- Kanawha Canal non-navigable. The time and Sincerely, mote tourism in Richmond with the energy that you and your respective staffs TIMOTHY M. KAINE, Mayor. need to ensure the vacationing public a have given on behalf of this important eco- Mayor Kaine has also introduced an safe boating experience on this canal. nomic development project are greatly ap- ordinance in the city council limiting preciated. Therefore, Mr. Speaker, I urge my col- I am writing to address certain concerns the number of boat passengers to 40 in leagues to support passage of H.R. 1034. that have been raised by members of the accordance with approved boat capac- Mr. Speaker, I reserve the balance of Committee on Transportation and Infra- ity by the Coast Guard. The city wel- my time. structure professional staff regarding the op- comes this responsibility and I believe

VerDate Aug 31 2005 03:55 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 J:\ODA15\MISCRE~1\1999\H27AP9.REC H27AP9 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS H2326 CONGRESSIONAL RECORD — HOUSE April 27, 1999 has more than demonstrated their This legislation makes clear that the who was the principle co-author of this commitment to ensuring a safe and en- City of Richmond may operate the legislation, and after rather extensive joyable boat ride for Canal Walk visi- boats on the canal with a number of ac- discussion, we came to a very clear tors. cepted requirements and standards meeting of the minds, that adjust- It should be noted this bill does not that will satisfy public safety concerns ments should be made. The gentleman waive Federal, environmental or labor of Federal, State and local regulators. went back to his City of Richmond, laws. It also ensures that safety regula- I would like to thank the gentleman talked with the mayor and city council tions are in place and gives the Sec- from Pennsylvania (Mr. SHUSTER), the and came back with a narrowing of the retary of Transportation the authority gentleman from Minnesota (Mr. OBER- scope of the bill so that the designation to revoke the nonnavigable designation STAR), the gentleman from Oregon (Mr. as nonnavigable applies to a very much if the Secretary determines the tour DEFAZIO), the gentleman from Mary- smaller and narrower set of Coast boat concessions are not being oper- land (Mr. GILCHREST) and the gen- Guard laws. ated in the interest of public safety. tleman from Mississippi (Mr. TAYLOR) Second, the language provides for the H.R. 1034 gives the city of Richmond for working in cooperation with the Coast Guard to revoke the designation the freedom to continue its efforts to gentleman from Virginia (Mr. BLILEY) and make the vessels operating on the rejuvenate an historic part of the city, and myself in such an expeditious and canal subject to safety regulations if bringing renewed economic oppor- bipartisan manner. H.R. 1034 has the vessels are not built, maintained tunity to downtown Richmond and a gained the unanimous support of the and operated in a manner consistent new historical perspective for the en- House Committee on Transportation, with public safety, the City of Rich- joyment of tourists and Richmonders and I urge its acceptance by the House. mond will be primarily responsible for alike. Mr. TAYLOR of Mississippi. Mr. ensuring that the vessels are operated I thank the gentleman from Pennsyl- Speaker, I yield such time as he may safely, and third, the gentleman from vania (Mr. SHUSTER), the gentleman consume to the gentleman from Min- Virginia (Mr. BLILEY) also worked out from Minnesota (Mr. OBERSTAR) and nesota (Mr. OBERSTAR), the ranking with the City of Richmond an agree- the gentleman from Virginia (Mr. minority member of the committee. ment to consult with the Coast Guard SCOTT) for their efforts in working to Mr. OBERSTAR. Mr. Speaker, I before allowing any material change in produce a common-sense bipartisan thank the gentleman for yielding this the operation of the vessels on the bill. I urge its swift passage by the time to me. I, too, rise in support of canal. So the city is the primary line of House. H.R. 1034. defense and responsibility for public Mr. TAYLOR of Mississippi. Mr. Mr. Speaker, I had concerns origi- safety and common wield. Speaker, I yield 3 minutes to the gen- nally about this legislation as intro- The Mayor of Richmond, in fourth tleman from Virginia (Mr. SCOTT). duced, but those concerns have been place, has agreed to introduce a city Mr. SCOTT. Mr. Speaker, I thank the addressed by an amendment offered by ordinance restricting the carrying ca- gentleman for yielding me this time, the gentleman from Pennsylvania (Mr. pacity of these vessels to 40 people, the and I rise in support of the bill, H.R. SHUSTER) during committee consider- maximum allowed under Coast Guard 1034, which I have cosponsored with the ation of the bill. My primary concern guidelines and recommendations. gentleman from Virginia (Mr. BLILEY). Mr. Speaker, I think these four The legislation, H.R. 1034, declares a was that the purpose of the introduced bill was to exempt vessels that would changes make this a very acceptable portion of the James River and bill. I know it took a good deal of effort Kanawha Canal in Richmond, Virginia, be operating on this stretch of the canal from all Coast Guard safety laws. on the part of both the principle author between the Great Ship Lock on the and the co-author of the legislation to Now these vessels would be trans- east and the city limits on the west as make these adjustments, but they are porting up to 35 passengers up and nonnavigable waters. The bill gives ju- in the best public interest, and I appre- down the canal for admittedly a very risdiction and authority of the canal to ciate their cooperation. I think the limited distance, but those passengers the city of Richmond for the purpose of public will appreciate their concern would include small children, elderly operating boats along the canal adja- and action on behalf of safety, and cer- cent to downtown Richmond. persons, people in wheelchairs. I was concerned also that the bill tainly we should all rest assured that the traveling public will have a very b 1515 would exempt vessels from all other safe medium in which to enjoy the In the late 19th century the canal maritime laws of the United States, in- pleasures and the extraordinary his- was used to transport commerce from cluding the Jones Act and marine pol- tory of this beautiful City of Rich- other parts of Virginia on the James lution laws, from my standpoint, a mond. River and into the canal. The canal very unwelcomed precedent. In ordi- Mr. TAYLOR of Mississippi. Mr. was eventually closed, and, as has been nary conduct of business the public has Speaker, I have no further requests for said, filled with dirt for many years. In a right to expect that vessels they time, and I yield back the balance of 1973, a federal judge declared parts of board will be safe, that is laws of the my time. the waterway nonnavigable. Neverthe- United States under which vessels op- Mr. SHUSTER. Mr. Speaker, I yield less, due to its former use, to move erate will protect them. back the balance of my time. commerce along the river, the Coast Mr. Speaker, the primary purpose of The SPEAKER pro tempore. The Guard has maintained that the canal these vessels is to serve the cause of question is on the motion offered by has retained its technical classification tourism, and I am a very strong sup- the gentleman from Pennsylvania (Mr. as a navigable waterway. porter of tourism. I chaired the Con- SHUSTER) that the House suspend the Now the City of Richmond has rede- gressional Travel and Tourism Caucus rules and pass the bill, H.R. 1034, as veloped the area with Canal Walk, a for several years and advocated tour- amended. project that will revitalize the area ism. I want to see developments of this The question was taken; and (two- along the James River and Kanawha kind take place. This is a very ambi- thirds having voted in favor thereof) Canal. The canal, as has been stated, tious, a very attractive waterfront de- the rules were suspended and the bill, averages 3 feet in depth and has a velopment in the City of Richmond, as amended, was passed. width of approximately 23 feet when it which indeed started under the aegis of A motion to reconsider was laid on opens, the city will use canal boats as the gentleman from Virginia (Mr. BLI- the table. a major attraction to draw tourists to LEY) when he was mayor there. f the restored area of the river. The So I met with the gentleman from Canal Walk is expected to generate Virginia, and I expressed to him my GENERAL LEAVE thousands of visitors who will enjoy concerns about the rather overly broad Mr. SHUSTER. Mr. Speaker, I ask numerous attractions and seasonal ac- sweep of the language and was satisfied unanimous consent that all Members tivities along the James River and that the consequences of that language may have 5 legislative days in which to Kanawha Canal, and it will play a valu- were not intended by any means by the revise and extend their remarks on able role in the revitalization of the gentleman from Virginia, nor the other H.R. 1034, as amended, the bill just river front. gentleman from Virginia (Mr. SCOTT) passed.

VerDate Aug 31 2005 03:55 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 J:\ODA15\MISCRE~1\1999\H27AP9.REC H27AP9 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 27, 1999 CONGRESSIONAL RECORD — HOUSE H2327 The SPEAKER pro tempore (Mr. it here today. I believe he eloquently struck and celebrated. The academy has its STEARNS). Is there objection to the re- captures the nature of the cultural au courant ideologies. Feminism, quest of the gentleman from Pennsyl- abrasives that ever so relentlessly eat postmodernism, structuralism, scientific mate- vania? away at our national soul, and I would rialism all presuppose a purposeless universe There was no objection. like to cite just a part of it: without any transcendent order where society f ‘‘Do you believe in God?’’ ‘‘Yes, I be- is predicted on power and violence. Entertain- lieve in God.’’ ment has its explicit nihilistic messages—the MESSAGE FROM THE PRESIDENT ‘‘Seventeen year old Cassie Bernal’s goth rock of Marilyn Manson and KMFDM—its A message in writing from the Presi- life ended with that answer. Our an- ironically hip ones—the accomplished, but im- dent of the United States was commu- swers to the Columbine High School moral, films of Quentin Tarrantino—and its im- nicated to the House by Mr. Sherman murders begin with the same question, plicit nihilism—Jerry Springer, or the titillation Williams, one of his secretaries. and our answer must be the same as cum therapy of MTV’s Loveline. Indeed, nihi- Cassie Bernal or the nihilistic fury un- f lism in a soft and weak form is everywhere. leashed by those two young murderers Meanwhile, ‘’adult society’’ complacently in- EXPRESSING THE SENSE OF THE will surely prevail.’’ dulges the destruction of cultural traditions. CONGRESS WITH RESPECT TO People search for meaning in these Legal norms are in shambles—murderers and THE TRAGIC SHOOTING AT COL- brutal senseless acts. People question perjurers escape punishment, and civil justice UMBINE HIGH SCHOOL IN the norms of a society in which mon- has become an elaborate shakedown scheme. LITTLETON, COLORADO strous violence can be countenanced. Rampant materialism fuels a vicious cycle of Mr. TANCREDO. Mr. Speaker, I move People question the righteousness, decadent consumption and unending labor. Fi- to suspend the rules and agree to the even the existence of a God who can nally, cynicism and lassitude are the ‘‘adult’’ concurrent resolution (H.Con.Res. 92) allow such pain and violence into the responses to the widespread cultural decay. expressing the sense of Congress with world. These are valid, but unanswer- Our culture not only whispers, but veritably respect to the tragic shooting at Col- able questions. screams, that anything goes. While this is the We can speculate and hypothesize, we umbine High School in Littleton, Colo- cultural undertow, the current at the surface can blame and vent, but in the end we rado. holds up ideals that are betrayed almost im- know we cannot fathom the meaning of The Clerk read as follows: mediately—democracy is in disrepair; big busi- this event or presume to comprehend ness alternately rentseeks of foists cultural rot H. CON. RES. 92 this evil. Nevertheless, our choice is onto a complacent public; and education is Whereas on April 20, 1999, two armed gun- stark: Do we believe in God or not? An mind-numblingly dumbded-down and awash in men opened fire at Columbine High School in answer to that question is the whole of Littleton, Colorado, killing 12 students and 1 psychological fads. teacher and wounding more than 20 others; what we take away from the Col- An idealistic (yes, idealistic) young man re- and umbine massacre, for the answer garding this spectacle can easily be drawn Whereas local, State, and Federal law en- means everything. into the depths of the undertow. It is a wrong, forcement personnel performed their duties We either coast in the cultural cur- but facile, conclusion that all is power, and admirably and risked their lives for the safe- rents of a facile nihilism, or we em- that the ideals of this country are fraudulent. ty of the students, faculty, and staff at Col- brace God on our knees and pray for Reinforce this with bombs, guns and music— umbine High School: Now, therefore, be it His grace and forgiveness. Nihilism or and someone just might, indeed, did, snap. Resolved by the House of Representatives (the God, that is the choice. The com- TECHNOLOGY Senate concurring), That Congress— fortable in-between is now gone. (1) condemns, in the strongest possible The internet is praised for its promise and terms, the heinous atrocities which occurred In reporting on Adolph Eichmann’s ability to connect people in ways hereto before at Columbine High School in Littleton, Colo- 1960 trial in Jerusalem, philosopher unthinkable. The commercial and intellectual rado; Hannah Arendt noted the banality of potential of the internet is a marvel. But there (2) offers its condolences to the families, evil; that is, how small, petty and is a dark side to all this. An absolute majority friends, and loved ones of those who were unoriginal evil appears. She was speak- of internet traffic is pornography. Subcultures killed at Columbine High School and ex- ing of Eichmann, a trivial bureaucrat that used to be isolated, can now connect and presses its hope for the rapid and complete who efficiently and systematically un- reinforce one another. recovery of those wounded in the shooting; dertook the murdering of the Jewish (3) applauds the hard work and dedication As I said before, the type of student that exhibited by the hundreds of local, State, people in Europe. Likewise here, evil’s Harris and Klebold represent has always and Federal law enforcement officials and banality is made plain to us. Two dis- roamed the halls of American high schools. the others who offered their support and as- affected punks have changed life in my Such students endure cruelties and indignities sistance; and hometown forever. in the remorseless culture of high school, but (4) encourages the American people to en- In the end my conclusions are they do not end up killing their classmates and gage in a national dialogue on preventing unsatisfying and incomplete: sin is trying to blow up the school. school violence. real, evil is real. The inscrutable evil of With the internet, however, instead of hang- The SPEAKER pro tempore. Pursu- these men made perfect sense from ing out with a few like-minded outcasts in their ant to the rule, the gentleman from within their world. If I do not believe, parents’ basement, these youths can log-on Colorado (Mr. TANCREDO) and the gen- if we do not believe, then their nihilism and interact with a whole underground world. tlewoman from New York (Mrs. is right, and even if we ourselves do not These internet ‘‘communities’’ promote the ulti- MCCARTHY) each will control 20 min- embrace it, we have no means to stop mate in social atomization—a whole new self- utes. others from doing so. created virtual identity. Wann-be Supermen The Chair recognizes the gentleman Pray the Lord’s mercy on us. could formerly only hear one-way communica- from Colorado (Mr. TANCREDO). Stopping it is one thing, but where and how tion through records and, for the semi-literate, Mr. TANCREDO. Mr. Speaker, I yield did it start? The comfortable, prosperous sub- books. Now, that communication is two way— myself such time as I may consume. urbs of Denver, Colorado should not foster bomb recipes can be exchanged, home pages Mr. Speaker, the veneer that sepa- such dark realities. Moreover, high schools can advertise and promote the rage, chat rates civilization from barbarism, that have always had this same group of dis- rooms can stiffen the resolve of would-be mad separates good from evil, is very thin, affected bright kids, who flirted with the darker bombers. and it appears everywhere to be wear- regions of the culture. What changed for the INSTITUTIONAL ing thinner. Last week it wore through diabolical fantasies of murder to be made Columbine high school houses nearly 2000 in my hometown, and the evil seeped real? No doubt a confluence of factors coa- students. The principal of the school has said out and stole the lives of 12 innocent lesced to make these young men’s revenge that he didn’t even know these two students; children and one valiant teacher at fantasies turn into reality. I offer some com- nor had he heard of the ‘‘trench coat mafia,’’ Columbine High School. Mr. Speaker, ments on three factors in particular: the cul- the disaffected coterie of students to whom yesterday my son Ray gave me some- ture, technology and institutions. these men belonged. thing he had written in response to this THE CULTURE It was easy for Eric Harris and Dylan tragedy. I believe it is not just fatherly Ours is a culture wrapped in cotton candy Klebold to get lost at Columbine. They appar- pride that compels me to read parts of nihilism. Poses and attitudes of nihilism are ently did get lost, to all of our detriment.

VerDate Aug 31 2005 03:55 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00021 Fmt 7634 Sfmt 9920 J:\ODA15\MISCRE~1\1999\H27AP9.REC H27AP9 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS H2328 CONGRESSIONAL RECORD — HOUSE April 27, 1999 The magnitude of 2000 student schools Mr. Speaker, over the last several no single solution. We must face the serves no educational purpose, but mainly an years, I have had to stand here and fact that we have a society-wide prob- athletic one. Parents and students cannot talk about all the shootings, and it lem. We have to look at every aspect of hope to have a stake in a school of that size. starts to wear one down because we re- how our society functions to find solu- In the same way that big business and big alize the pain that all these families tions to this violence. government depersonalizes, big education are going through, we realize all the We must look at the images our chil- makes it easy for students to feel warehoused pain that the whole community will dren are exposed to in daily life, and adrift. start to go through, and yet we are see- through movies, television, music vid- Who knows if a smaller school, with more ing constantly more and more and eos, video games and on the Internet. particular attention would have changed these more. We must look at gun control and the young men? It may well not have. But in this We here in Congress will be doing access children have to firearms. We time when we talk about community, let us re- this resolution because every single must look at parents and their respon- alize that communities start from the ground Member of this body feels the pain, but sibility to be involved in the lives of up, and are built on personal connection to a I do believe that we also have a moral their children. We must look at teacher group, be it a family, a neighborhood, a obligation to try and save other fami- training and school counseling to en- church, or a school. Values are shared and lies from going through what they have sure that school personnel can identify friendship is shared in a real community. in Colorado. and deflate problematic behavior. We Industrial-sized education does not serve We do not have all the solutions. must look at prevention and education community-building. Neither does an edu- They are all complex. But I do believe in the earliest years of a child’s life, cation monopoly that must meet the needs of that we should start to think about and we must look at accountability the lowest common denominator. what we can do. I hope that I can look and reforming troubled youth. CONCLUSION forward to working with all of my col- Violence is not a simple problem that Secular culture has no effective response to leagues here today to solve the prob- we can expect our schools to solve the nihilism of these young men, and the sub- lems of our young people. alone. We have a societal problem, and it will take the work of schools, fami- culture from which they emerged. Therapy and b 1530 ‘‘anger management’’ did not, and could not lies, communities and every level of have, saved them. To the contrary, therapeutic I know families across the Nation government together to find ways to interventions probably only further confirmed will join together to demand that poli- reach alienated children and to find their view of our weak and feckless culture. tics be taken out of this debate. We ways to prevent the tragic violence In reporting on Adolph Eichmann’s 1960 trial must do what we can do to deal with that was displayed in Littleton, Colo- in Jerusalem, philosopher Hannah Arendt children and guns. Too many children, rado. noted ‘‘the banality of evil;’’ that is, how small, too many parents and too many fami- As chairman of the Subcommittee on petty and unoriginal evil appears. She was lies have already suffered. Enough is Early Childhood, Youth, and Families speaking of Eichmann, a trivial bureaucrat enough. of the Committee on Education and the who efficiently and systematically undertook Mr. Speaker, I reserve the balance of Workforce, I am working to ensure murdering the Jews of Europe. Likewise here, my time. that Congress contributes to finding evil’s banality is made plain to us. Two dis- Mr. TANCREDO. Mr. Speaker, I yield solutions to school violence and to affected punks have changed life in my home- 3 minutes to the gentleman from Dela- making our society safer and smarter. town forever. ware (Mr. CASTLE). Again, I want to offer my heartfelt In the end, my conclusions are unsatisfying Mr. CASTLE. Mr. Speaker, I rise sympathy to the families and friends of and incomplete; Sin is real; Evil is real. The in- today in support of House Resolution the 15 individuals who died last Tues- scrutable evil of these men made perfect 148, offered by the distinguished gen- day at Columbine High School in sense from within their world. If I do not be- tleman from Colorado (Mr. TANCREDO), Littleton, Colorado. My thoughts are lieve, if we do not believe, then their nihilism but with profound sorrow for the loss with you and will remain with you as is right—and even if we ourselves do not em- the community of Littleton has en- we seek to rebuild our society. brace it, we have no means to stop others dured over the last 7 days. The horrible Mrs. MCCARTHY of New York. Mr. from doing so. tragedy at Columbine High School has Speaker, I yield 5 minutes to the gen- Pray the Lord’s mercy on us. left an indelible mark in our hearts and tlewoman from Colorado (Ms. Mr. Speaker, I reserve the balance of heads, and I want to take this oppor- DEGETTE). my time. tunity to express my deep sorrow for Ms. DEGETTE. Mr. Speaker, this Mrs. McCARTHY of New York. Mr. the students, for the families and for tragedy touches all of us deeply. My Speaker, I yield myself 3 minutes. the friends affected by these grave acts district is only three blocks from Col- (Mrs. MCCARTHY of New York asked of violence. The thoughts and prayers umbine High School. I know families and was given permission to revise and of every American are with the citizens who have students at Columbine. They extend her remarks.) of Littleton, Colorado, and the families are my neighbors and they are my Mrs. McCARTHY of New York. Mr. and friends of the victims of school vio- friends. These students are also the fu- Speaker, first I want to thank the gen- lence endured in other parts of the Na- ture of our community. So there is im- tleman from Colorado (Mr. TANCREDO) tion. measurable sorrow in Denver, in my for bringing this important resolution I also offer my sympathy to the gen- home State of Colorado and through- to the floor. My thoughts and my pray- tleman from that area who lives so out America. ers go out to all the victims and their close to it. I am sure he has been The shootings at Columbine High families, and certainly my admiration through a very difficult time as well. School transcend party lines, political goes out to all the heroic men and Mr. Speaker, today I join this body in boundaries and geographic barriers. women who offered their support and initiating a search for answers. We can- Each one of us here today shares the assistance during this time of crisis. not take away the events of April 20. grief and sadness shared by parents and As we mourn the victims of the trag- We cannot reclaim the lives that were students in Littleton. ic school shooting in Littleton, Colo- taken or the hope that was lost. We We struggle to find the words to say. rado, I think we all come to realize cannot take away the fear that has But this tragedy is beyond words; real- that gun violence and violence in our been instilled in students, parents and ly, it is beyond experience. It leaves us schools can happen everywhere. It af- teachers across the Nation, but we can shaken and numb. We try to under- fects all of us on a daily basis. From search for answers, and we can take stand it, but it is beyond under- Pearl, Springfield, Jonesboro, Little- steps to make our society safer and standing. The unimaginable has hap- ton, Paducah kids are using guns to smarter, and, in turn, less vulnerable pened. We are left trying to com- harm their classmates. Each and every to any reoccurrence of this tragedy. prehend the incomprehensible. Some- day throughout our towns and our In searching for answers, however, we how we must make sense of all of this. communities we lose 13 young children must be careful to resist the tempta- Many of us went to high schools like a day. That is an entire classroom tion to pin our hopes on a quick fix. Columbine. I went to Denver South every 2 days. There is no easy solution and there is High School in the turbulent 1970’s,

VerDate Aug 31 2005 03:55 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 J:\ODA15\MISCRE~1\1999\H27AP9.REC H27AP9 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 27, 1999 CONGRESSIONAL RECORD — HOUSE H2329 and Columbine is just a short drive dent of Denver and Colorado, I extend system, and our schools must have the from there. But I did not encounter my deepest personal sympathies to the information they need to protect their executions in the library and bombs in students, teachers and families at Col- students, to reach out to the parents, the stairwells. umbine High School. Today, the coun- and give them the advice and counsel I knew students excluded by popular try stands united in your grief. We all they so desperately need. groups. The truth is, many Members of share in your tragedy. Finally, Mr. Speaker, I would simply Congress probably would not have won Mr. TANCREDO. Mr. Speaker, I yield say, we must do this with reverence in popularity contests in high School. Yet 3 minutes to the gentlewoman from the names of those innocent children what we are trying to confront today is New Jersey (Mrs. ROUKEMA). and their parents and the heroic teach- the violent turn of our culture, the ra- Mrs. ROUKEMA. Mr. Speaker, I er, David Sanders. tionality behind students with guns, greatly thank my colleague for yield- Mrs. MCCARTHY of New York. Mr. and the decision to use those guns on ing me time and for giving all of us Speaker, I yield 2 minutes to the gen- classmates and friends. this opportunity to adopt this congres- tlewoman from California (Mrs. Sadly, we must conclude that this sional resolution and speak to it, be- CAPPS). country has become more violent in cause we must now all transform our Mrs. CAPPS. Mr. Speaker, my heart the past quarter century. We are more horror and our remorse and pain and is heavy with shock and sorrow at the accepting of violence. We are more tol- the sympathy for these families, that unspeakable violence at Columbine High School. Congress cannot pass a erant of its manifestation. We have we sense for these families, and for ‘‘magic’’ law to guarantee that our lost some of our natural anger against those innocent children, those innocent children are safe in their schools, but violence. Violence is glorified in the children cut down in the springtime of we must still act. media, in songs, in movies, in books a happy youth. That is what our dia- and on the web. We have lost some of As a school nurse, I have repeatedly logue is about today. stressed the importance of school coun- our social cohesion, where neighbor- It is in their names, the names of hoods are now just where we live, seling, and I call on my colleagues in these children, and in their memory, Congress to fully support a school coor- where cities have become impersonal that I stand here this afternoon to places. We have received a steady diet dinator initiative which will provide plead with my colleagues for action, violence counselors in middle schools of nihilism, cynicism and skepticism, and that this national school dialogue with little understanding of how that across the country. Trained counselors should result in enforceable legislation in our schools can and have dem- divides us, fragments us and trans- to reduce the threats of school vio- forms us. Now we often hear of a mur- onstrated that they are able to spot lence. troubled kids and help them resolve der or robbery and shrug our shoulders Yes, now is the time to address, in a conflicts peacefully before they esca- saying, ‘‘Oh, well, what can you ex- loving and deeply meaningful and con- late into violence. pect?’’ But violence is not part of life. structive way, to find methods to re- Sadly, Littleton, Colorado, is not the It is not inevitable. We know better, or duce the potential of these types of only place where young lives have been at least we should know better. Ma- horrors being visited, and that they not taken from us. This past week in San hatma Gandhi, Dr. Martin Luther be visited on other communities, on Luis Obispo, California, the bodies of King, Jr., Robert Kennedy, our own other innocent children, on other fami- two young women, local college stu- colleague JOHN LEWIS and others have lies. dents, were finally discovered and their preached the importance of non- There is a lot that we do not know alleged killer was finally arrested. I violence. When will we learn? When about the event that led up to last join the entire community of San Luis will we prize the wisdom of nonviolence week’s massacre, but we do know this: Obispo in expressing heartfelt sorrow over the hasty mistake of gunfire? Apparently the schools, the local com- to the families and friends of Rachel We must speak out against those who munities and the components of the ju- Newhouse and Aundria Crawford. Be- pedal violence to our young students. venile justice system did not commu- cause of the heroic efforts of our local We must shine the light of truth on nicate. Therefore, they were unable to law enforcement, the painful ordeal of those who believe violence is the an- apply in an informed or systematic these families of waiting has ended. swer, when it is only failure. We must way the things that we know about These students in Littleton, Colo- no longer accept violence as the way of youthful behavior, namely the early rado, and San Luis Obispo, California, life, when it can only end a life. warning signs of deviant and dangerous have died way too soon. We must now, Many Americans look to this House behavior, and we were unable, there- across this country, come together in as a barometer of our national atti- fore, to use the knowledge that we our resolve to ensure that they have tudes and culture. Today, our sorrow not died in vain. and anger can make us more thought- have to act to get these young people and their parents into therapeutic pro- Mr. TANCREDO. Mr. Speaker, I yield ful, more dedicated and more forth- 31⁄2 minutes to the gentleman from Col- right in addressing violence in this grams that recognize and treat the trauma that causes such anger and vio- orado (Mr. HEFLEY). country. Mr. HEFLEY. Mr. Speaker, this past I hope it will. I hope we remember lent attacks. Just 11 weeks before this horrific weekend I attended with the gentleman how we feel right now in the days and from Colorado (Mr. TANCREDO) the me- months to come, when we have valu- rampage, these two young people were released from the probation system, morial service for the students and the able opportunities to work with com- teacher who died, and, as I looked over munity leaders, clergy, educators and apparently with flying colors, accord- ing to the newspapers. At the same the sea of 70,000 grieving faces, I real- social workers to institute real dia- ized that the media has touched the time, these two young people were logue toward nonviolent dispute reso- utter devastation Coloradans and, in- working on a complicated plot to de- lution. deed, most Americans feel in the wake stroy 500 lives. Indeed, the deputy sher- We also need to do whatever we can of this brutal attack. to eliminate the ability of young peo- iff assigned to the high school said last In shopping malls, grocery stores, ple to obtain guns. It is frightening night that he did not even know the public parks, churches and other that one-third of the high school stu- two teens had been arrested a year ear- venues across Colorado, people are dents in this country know someone lier. Evidently the school authorities grieving. They are moving slowly, they who owns a gun. A troubled youth did not know of the arrests. Whatever are talking in subdued voices, they are without a gun is dangerous; a troubled the reasons, there was a failure. There weeping at a moment’s notice. There is youth with a gun is deadly. was no action taken to monitor their unpalatable grief overwhelming the Those who wish to address youth vio- behavior or to communicate with the State of Colorado as we mourn the lence in this country cannot refuse to parents. death of our children and friends and discuss limiting access to guns for kids Mr. Speaker, we need to refer and de- our neighbors. if they truly care about solving this velop working therapeutic support sys- crisis in America. tems to deal with this kind of sickness. b 1545 As a member of this House, but, most Mental health therapy must be an ac- In the days following the attack, importantly, as a mother and a resi- tive component of our juvenile justice many have tried to assign blame or to

VerDate Aug 31 2005 03:55 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 J:\ODA15\MISCRE~1\1999\H27AP9.REC H27AP9 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS H2330 CONGRESSIONAL RECORD — HOUSE April 27, 1999 identify a reason for the tragedy. Un- We as a society and as adults need to rado (Mr. TANCREDO) for sponsoring fortunately, one cannot find a reason pay more attention to our children. We this resolution. for something so senseless. need to reach out to our children be- In the time that I have been here in There have been calls to judgment fore they reach for evil. We need to Congress, the 41⁄2 years that I have been and proposed quick-fix solutions to the provide them with a moral framework here, I do not think I have met a gen- problems that appear to plague some of from which they can guide their lives. tleman with more compassion, more our Nation’s youth. A parade of com- Hopefully, by listening to our youth love or more care and concern than the mentators have appeared on television and learning who they are, we can gentleman from Colorado (Mr. and radio shows, each trumpeting their identify those children who need help. TANCREDO) has shown me in the last own solution to ensure that such a This is a tragedy that has deeply affected few months since his election. What a tragedy never occurs again. There have every community in my home state. My deep- sad thing it is to have to engage in this been calls for more gun laws, stricter est condolences go to the city of Littleton, the kind of a discussion on the floor at a gun laws, armed school guards, armed students of Columbine High School, and espe- time so short in his tenure in the teachers, school metal detectors, pa- cially the families of the students and teacher House. rental advisory boards and random stu- who were killed in last week’s tragic shooting. Words cannot express, they are com- dent searches. While there is merit in Yes; 13 died. Many more will never be the pletely inadequate to express, I think, some of these so-called solutions, I fear same. I ask for your prayers at this terrible the sorrow and the feelings that many that we are missing the bigger picture. time. of us here feel. So many of us who ran In fact, all of the guns and all of the Mrs. MCCARTHY of New York. Mr. for this office did so because we wanted bombs that were used in this brutal at- Speaker, I yield 2 minutes to the gen- to come and we wanted to change the tack were illegal. There are already tleman from Colorado (Mr. UDALL). world. We wanted to be able to come Mr. UDALL of Colorado. Mr. Speak- laws against them. and address all of the heartfelt prob- er, I thank the gentlewoman from New One commentator said these young lems of the people that we represent. York (Mrs. MCCARTHY) for yielding me people exercised very bad judgment. We really wanted to make this a better Very bad judgment? Very bad judg- this time. Mr. Speaker, I rise in support of the place to live. ment is going the wrong way on an As so often happens when a tragedy one-way street. Very bad judgment is resolution offered by my colleague, the gentleman from Colorado (Mr. like this occurs, we look at ourselves to drink a little too much at a party, in the mirror through tear-stained eyes at a high school party. That is very bad TANCREDO), which I am sure expresses and we try to come up with answers judgment. These young men exercised the thoughts not only of the Colorado that we can pose that will solve these evil. They were evil; they plotted evil, delegation, but of the entire House. problems. But they also seem so inad- and they carried out evil, brutal acts of I want to acknowledge my colleague equate. violence. from Colorado (Mr. TANCREDO). He and So I looked into the faces of my two For over a year they methodically I came to this body as freshmen this high school students before I left, and I and systematically plotted this vicious year and went through our orientation attack, and as has already been indi- as new Members together. I hold a fond gave them an extra tight hug and I cated by the gentlewoman from New memory of that experience, and am tried to place myself in the situation of these parents, and try as I might, I Jersey (Mrs. ROUKEMA), they intended profoundly saddened that a tragedy in a great deal more. They were going to our home State has been the occasion cannot. Our hearts go out to them. kill at least 500 students. Then they for our partnership on a legislative Mr. Speaker, I know that all too were going to go into the neighbor- matter. often we try to use things like this as hoods. Then they were going to My guess is that parents all over a way to move forward our issues. We highjack an airplane and they were America hugged their children a little try to use these senseless tragedies as going to crash it into New York City. tighter last night, and I am sure par- points in a debate for gun control or So obviously they lived in a fantasy ents will worry just a little bit more as for this or for that. world, an evil fantasy world during the they send their children off to school In fact, I was even going to try to ref- process of that. tomorrow. We cannot allow what hap- erence some of them in a written It is a tragic wake up call to all pened at Columbine High School to speech that I had, and I have thrown it Americans, particularly adults, that dampen our hopes for the future of out because frankly I think the most there are children in this country who America’s schools or our children. It important thing that we as a Nation are so mentally ill and in such need of must remain an aberration and not a can do right now is to pray. Pray to guidance that their only outlet for at- precursor of things to come. God Almighty that his compassion and tention is by identifying themselves In addition to offering our condo- love will be sent down on us and those with deviant music, games, books, lences to the families, friends and families will feel his arms of mercy movies, even Adolph Hitler. loved ones of those who were killed and wrap around them. Because frankly, Mr. Speaker, to revere Lincoln and injured in this awful crime, I think it that is the only respite that we have. I Martin Luther King is not the moral is important for this body to speak offer my prayers and my condolences, equivalent of revering Adolph Hitler, with an unified voice in condemning and I hope they feel the love emanating but unfortunately, too often in the such violence. It is also crucial for this from this body. name of tolerance we say this is okay. body to offer leadership to the Amer- Mr. TANCREDO. Mr. Speaker, I yield It should be no surprise that once a ican people by initiating a thoughtful 2 minutes to the gentleman from South child is immersed in evil thoughts, evil dialogue on the problem of gun vio- Carolina (Mr. DEMINT). actions often follow. As a society, we lence in our schools. Mr. DEMINT. Mr. Speaker, my wife try to mask evil through tolerance. We Mr. Speaker, I hope, I pray that we as and I have four children who are all in tend to ignore the signs of deviant be- a Nation will respond to this tragedy different schools everyday. As we havior because we think people have a by looking beyond our prejudices and grieve for the parents of the children right to engage in their corruptive ac- our political leanings. This tragedy killed in Colorado, we also join every tivities and we must be tolerant. While challenges us to place an even greater parent in America as we fear for the people do have this right, it cannot priority on the quality of the lives we safety of our own children. come at the expense of others. build for all of our children. I urge Congress must be a part of elimi- There are video games, movies, adoption of this resolution. nating this danger, because one of the books, music that promote violence Mr. TANCREDO. Mr. Speaker, I just most important roles of government is and corrode our society with a perva- want to say that I sincerely appreciate to keep our citizens safe, especially our sive sense of evil, and we can no longer the comments of my colleague, the children. We must do more to protect ignore these thoughts, activities and gentleman from Colorado (Mr. UDALL). Americans against senseless violence. products in the name of tolerance. We Mr. Speaker, I yield 2 minutes to the But our goal to make America safer need to call evil evil and take action gentleman from Arizona (Mr. SALMON). cannot be achieved with knee-jerk so- against it. We cannot in our society Mr. SALMON. Mr. Speaker, I would lutions that are blurted out in haste tolerate evil. like to thank the gentleman from Colo- every time there is a tragedy. So as we

VerDate Aug 31 2005 03:55 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 J:\ODA15\MISCRE~1\1999\H27AP9.REC H27AP9 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 27, 1999 CONGRESSIONAL RECORD — HOUSE H2331 condemn this horrible act, let us also fessionals, maybe psychologists, maybe stand that this is almost central to an commit as a Congress and as a Nation social workers, but with a psychiatric area of improvement that we can ini- to seriously study and seek to under- consultant to the school system who tiate almost immediately. stand the causes of this violence and to are able to review the early warning Mrs. MCCARTHY of New York. I develop a comprehensive plan to make signs of students and some of the ab- think we do have the knowledge here our children safer and more secure in normal or violent behavior that they in Congress. We do have a very knowl- their schools. have displayed. edgeable body. I think the information But to get the right answers, we have I guess another way of looking at it, that has come to us over the years be- to ask the right questions. And I hope in this particular case, as has been tes- cause of the violence we are seeing in one of the questions will be, have we tified to by the school system and cer- the schools is something that we can created a spiritual void in our schools tainly the probation period, and look- address. which is now being filled with drugs ing at the yearbook, these students I think one thing that came back and and sex and violence? It is clear there just did not turn up one day in their forth, also on our committee hearings, were very deep spiritual problems in trench coat garb and talking the way in dealing with something like this is this case. Yet, we prohibit the free par- they did; this had been a pattern for that the whole community has to be- ticipation in spiritual and religious ac- some period of time. And those are the come involved. It is the church, it is tivities in our schools. The sad fact is kinds of early warning signs that the school, it is definitely the parents. if a teacher had recognized these trou- teachers and really probation officers The parents have to learn how to be bled youths and tried to counsel them should be very conscious of and set up parents. They should stand up and say, with positive, life-oriented religious a system whereby they bring in, reach I am going to be a parent. principles, that this teacher could very out to the parents in the community I see today so many young people likely lose their job or end up in court. and work with them in a very private that want to be friends and not par- Let us ask the right questions. Let us way to get them the advice and counsel ents, and I think that is something commit as a Nation to make our that they might need. they have to learn. So parenting skills schools safer, and we can find the right are needed, also. There are a lot of b 1600 answers. things that we can do, and I think we Mrs. MCCARTHY of New York. Mr. Mrs. MCCARTHY of New York. Mr. can do it. Speaker, I yield myself 6 minutes for Speaker, I think that is something Mrs. ROUKEMA. There are resources the purpose of engaging in a colloquy that we have learned. Because when we throughout each community that can with the gentlewoman from New Jer- talk about how to handle, hopefully, help the parents, the schools, and the sey (Mrs. ROUKEMA). the violence that we are seeing in our correctionS officers, and most of all, Mrs. ROUKEMA. Mr. Speaker, if the schools, I think we have learned an bring a bright life for those young peo- gentlewoman will yield, I would be awful lot on our committee. ple who need our help. more than happy to engage in a col- There are a number of factors, Mrs. MCCARTHY of New York. Mr. loquy. whether it is mental health and being Speaker, the only thing further that I Mrs. MCCARTHY of New York. Mr. able to pick up the signs at an early would like to say is that the majority Speaker, and certainly to my colleague grade, which we have found a number of our schools are safe, and we have to who sits on the Committee on Edu- of times in all the school shootings keep them that way. cation and the Workforce, in the past there were warning signs there; cer- Mr. Speaker, I reserve the balance of year we have been able fortunately to tainly to work with our young children my time. have so many different committee and our teenaged children also, to say Mr. TANCREDO. Mr. Speaker, I yield meetings to talk about the things that if they hear something that is going 2 minutes to my colleague, the gen- have been going on in our schools, and on, it is all right to go to an adult, it tleman from Colorado (Mr. SCHAFFER). school violence as a whole. I personally is all right to go to your friends or Mr. SCHAFFER. Mr. Speaker, I ap- found it very educational. your parents, let someone know. preciate the gentleman yielding time There is no one answer, there is not, Mrs. ROUKEMA. I do want to add to me. but I did learn a lot, as a nurse, and something also to what the gentle- Mr. Speaker, to all of my colleagues certainly my colleague, the gentle- woman has referenced here. These here and to the rest of this country, I woman from New Jersey (Mrs. ROU- warning signs are out there, and people would like to say that all of us in Colo- KEMA), who talks about mental health. should be reporting. rado, and on behalf of the entire State, Mrs. ROUKEMA. Mr. Speaker, in my This is not novel or new or innova- are very gratified by the outpouring of role as a former teacher. tive or crusading. There are numbers of support and prayer from throughout Mrs. MCCARTHY of New York. Yes, school systems all across the country, the country. as a former teacher, if the gentle- and one was featured on national tele- Our Governor addressed the country woman would talk to us about mental vision within the past week in Wis- just the day before yesterday about the health. consin, and another one I know of tragedy, and I include for the RECORD Mrs. ROUKEMA. Mr. Speaker, if the through the gentleman from Pennsyl- his words. gentlewoman will yield, this is such a vania (Mr. GOODLING), who is the chair- The statement referred to is as fol- wide topic for discussion, but I would man of the Committee on Education lows: like to reference the mental health as- and the Workforce, in his home State This is Governor Bill Owens of Colorado. A pect of this, particularly in areas of Pennsylvania who have some very terrible tragedy occurred here in my home where I know that even the Depart- advanced programs, or not programs, state this week. At Columbine High School ment of Education a few years ago systems whereby the educational and in the town of Littleton, 15 people died in an tried to deal with some of these aspects the juvenile justice system reaches out outbreak of brutal and senseless violence. of student mental health and violence to the parents and works up a thera- I know this tragedy has shocked and in the schools. They issued, and I do peutic environment for these students. moved all Americans. I know that the vic- tims and their families have the prayers and not remember exactly the year, I want It does not mean, and by the way, I condolences of people from across the land. to say maybe it was 1992 or 1994, a de- am not denying what the gentleman And, for that, though we grieve, we are partment brochure called the Early from Colorado (Mr. HEFLEY) said that grateful. Warning Program and distributed it to there is evil, there is evil. But what I We live in a nation that is the richest and school systems across the country. am saying is that so much of this is freest on Earth—the richest and freest in Mr. Speaker, an early warning pro- subject to therapy, if properly diag- history. Yet events like this one warn us gram description of mental health nosed and properly seen at an early age there is a virus loose within our culture—and problems that are discernible in chil- with these young people. too many of our young people are susceptible to it. What happened to the two boys who dren in school is really not enough. If I think there is so much knowledge committed these crimes? the school system does not have a out there, it would be unfortunate if in Why didn’t anyone see where they were team, guidance counselors, administra- this national dialogue that this resolu- heading—and do something about it? There tors, teachers and mental health pro- tion is calling for, if we did not under- was no shortage of signs—from the clothes

VerDate Aug 31 2005 03:55 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 J:\ODA15\MISCRE~1\1999\H27AP9.REC H27AP9 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS H2332 CONGRESSIONAL RECORD — HOUSE April 27, 1999 they wore, to the Internet games they lution of political correctness seem to 2. Manufacturing a ‘‘destructive device’’ played, to the ‘‘music’’ they preferred, to have become timid about asserting (i.e., bomb). (Multiple counts.) Prohibited their expressed passion for Hitler, to their what is right and what is wrong, and under 26 U.S.C. Chapter 53. Each violation is brushes with the law. They even made a speaking out strenuously about the dif- punishable by 10 years in prison and a $10,000 video acting out their killing spree for a fine. class project. ference between the two. 3. Use of an explosive or incendiary device Were we perhaps afraid of being We have been warned about such oc- in the commission of a felony. Prohibited ‘‘judgmental’’? Afraid that criticizing casions. The Apostle Paul almost 1,950 under Colorado law [18–12–109(4)]. A class 2 them—and correcting them—would hurt years ago, in a letter to the Romans, felony. their self-esteem? These were minors with said, ‘‘Do not be conformed to this 4. Setting a device designed to cause an ex- criminal records. The guns and homemade world, but be transformed by the re- plosion upon being triggered. Violation of bombs they carried onto school property, newing of your minds, so that you may Colorado law. (Citation uncertain) 5. Use of a firearm or ‘‘destructive device’’ they carried illegally. Yet they had broken discern what is the will of God—what is the law before—and they had been dealt with (i.e., bomb) to commit a murder that is pros- gently. good and acceptable and perfect.’’ ecutable in a federal court. Enhanced pen- And, perhaps the most important—and The dignity of human life is what we alty under 18 U.S.C. 924(i). Punishable by least asked question—is this: Why did these need to keep in mind. This is at the death or up to life in prison. A federal nexus boys themselves not understand that what heart of the tragedy that took the is through 18 U.S.C. 922(q), prohibiting the they were doing was wrong? country last week. There are some who discharge of a firearm, on school property, Not just wrong but evil? Or if they did un- believe human life is expendable, that with reckless disregard for the safety of an- derstand, why did they not have enough it is a matter of someone else’s choice other person. moral sense to stop themselves—to seek the 6. Use of a firearm or ‘‘destructive device’’ help they needed from a parent, a relative, a or convenience or sometimes even (i.e., bomb) in a crime of violence that is clergyman or a doctor? amusement. But this is a bedrock issue prosecutable in a federal court. Enhanced We still have more questions than answers for us as a country. penalty under 18 U.S.C. 924(c). Penalty is 5 about what happened in Littleton on a sunny We have, in fact, enshrined the value years if a firearm; 10 years if a ‘‘sawed-off’’ April afternoon. And the truth, I think, is of life right into our own Declaration shotgun, ‘‘sawed-off’’ rifle or ‘‘assault weap- that there are no easy answers—no quick so- of Independence. That Declaration, Mr. on;’’ and 30 years if the weapon is a ‘‘destruc- lutions, much as we might wish there were. Speaker, says this: ‘‘We are endowed by tive device’’ (bomb, etc.). Convictions subse- There is no one place on which we can lay quent to the first receive 20 years or, if the all the blame—though some people will try our Creator with certain unalienable rights, and among them is the right to weapon is a bomb, life imprisonment. Again, to do exactly that. We do need to think a federal nexus is through 18 U.S.C. 922(q), about these things, and talk about these life.’’ We need to be rededicated to that prohibiting the discharge of a firearm, on things—not as politicians and partisans and concept by the brilliance of the lives school property, with reckless disregard for members of factions, but as parents and that have been lost. the safety of another person. neighbors and fellow Americans who have a Some suggest that we need new laws. 7. Conspiracy to commit a crime of vio- responsibility to preserve what’s best in our The individuals who perpetrated this lence prosecutable in federal court. En- community—and improve the rest. crime broke about 17 of those, and I hanced penalty under 18 U.S.C. 924(n). Pen- We do need to take a look at the sub-cul- would like to enter that into the alty is 20 years if the weapon is a firearm, ture of violence, death, anarchy and incoher- life imprisonment if the weapon is a bomb. RECORD, as well. ence that seems, in recent years, to have be- Again, a federal nexus is through 18 U.S.C. come so appealing to so many young people. The material referred to is as follows: 922(q), prohibiting the discharge of a firearm, We need to understand who and what feeds VIOLATIONS OF FEDERAL AND STATE LAWS BY on school property, with reckless disregard and profits from this dark subculture. And THE ALLEGED PERPETRATORS OF THE CRIME for the safety of another person. why is it that so many Americans patronize AT COLUMBINE HIGH SCHOOL, LITTLETON, 8. Possession of a short-barreled shotgun or a mass media which all too often glorifies vi- COLORADO rifle. Some news accounts have suggested olence rather than condemns it? Details of the explosives and firearms used that the alleged perpetrators may have pos- We need to ask ourselves: What is lacking by the alleged perpetrators have not been sessed a ‘‘sawed-off’’ shotgun or ‘‘sawed-off’’ in all too many of our children’s lives—de- confirmed by law enforcement authorities. rifle. (A shotgun or rifle less than 26′′ in spite the freedom and prosperity they enjoy? The crime scene is still being examined and overall length, or a shotgun with a barrel of And I would ask every parent in America: cleared. It is unknown how the alleged per- less than 18′′, or a rifle with a barrel of less Do you know if your child has a homepage? petrators came into possession of the explo- than 16′′.) A spokesman for the Jefferson Do you know what is on your child’s home- sives and firearms they used. County Sheriff’s Office reported, possibly, at page or whom they talk with on the Inter- The alleged perpetrators, obviously, com- least one long gun with the stock cut off. net? If not, please find out. Please teach mitted multiple counts of murder and at- Prohibited under 26 U.S.C. Chapter 53. A vio- your children to discern from the good and tempted murder, the most serious crimes of lation is punishable by 10 years in prison and bad on the Internet as well as on television, all. And they committed many violations of a $10,000 fine. movies, and on video games—and if they laws against destruction of property, such as Colorado law [18–12–102(3)] prohibits posses- can’t—then parents should. in the school building and the cars in the sion of a ‘‘dangerous weapon’’ (defined to in- And how can parents, religious leaders and, parking lot outside. All told, the prison sen- clude sawed-off guns). First violation is a yes, political leaders, too, help fill the void— tences possible for these multiple, serious Class 5 felony; subsequent violations are the black hole in these young souls that violations amount to many hundreds of Class 4 felonies. sucks in so much anger, hatred and cruelty? years. 9. Manufacturing a ‘‘sawed-off’’ shotgun or I know all this will be on my mind, and Additionally, in the course of planning and ‘‘sawed-off rifle. Prohibited under 26 U.S.C. yours, for a very long time to come. committing these crimes, the alleged per- Chapter 53. Each violation is punishable by I also know that this is a great country petrators committed numerous violations of 10 years in prison and a $10,000 fine. and that Colorado is a great state—and that very serious federal and state laws relating 10. Possession of a handgun or handgun we have met many challenges in the past to explosives and firearms, and, depending on ammunition by a person under age 18: Some and, with God’s help, we will meet this chal- details not yet known, may have committed news accounts report one alleged perpetrator lenge as well. other such violations. Cumulatively, the as being 17 years of age. It is yet unclear What the Governor said to the coun- prison sentences possible for these violations what firearms were involved in the crime. A try and what we need to keep in mind alone amount to many hundreds of years. A person under age 18 is prohibited from pos- is that such a profound tragedy as the partial list of those violations follows: sessing a handgun or handgun ammunition, one we have experienced in Colorado is 1. Possession of a ‘‘destructive device’’ except for legitimate target shooting, hunt- (i.e., bomb). (Multiple counts.) Prohibited ing, and firearms training activities, and one that needs to be considered within under 26 U.S.C. Chapter 53. Each violation is similar legitimate reasons. [18 U.S.C. 922(x), the context of our moral character as a punishable by 10 years in prison and a $10,000 part of the 1994 crime bill.] A violation is Nation. fine. Other explosives violations are under 18 punishable by one year in prison. We are a Nation that seems more and U.S.C. 842. 11. Providing a handgun or handgun ammu- more to be preoccupied with death and Colorado law [18–12–109(2)] prohibits the nition to a person under age 18. Prohibited sex. Our children are confronted daily possession of an ‘‘explosive or incendiary de- under the same provision noted in #4, above. with the glorification of violence. The vice.’’ Each violation is a Class 4 felony. Col- Penalty of one year, unless the provider lines between tolerance and indiffer- orado [18–12–109(6)] also prohibits possession knew the gun would be used in a crime of vi- of ‘‘explosive or incendiary parts,’’ defined to olence, in which case the penalty is 10 years. ence have been almost erased in this include, individually, a substantial variety 12. Age restrictions on purchasing fire- country, for those of us as leaders, not of components used to make explosive or in- arms. Again, the age of the second suspect just political leaders but community cendiary devices. Each violation is a Class 4 and how the alleged perpetrators came into leaders of all sorts, through a sick evo- felony. possession of firearms are unclear. However,

VerDate Aug 31 2005 03:55 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 J:\ODA15\MISCRE~1\1999\H27AP9.REC H27AP9 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 27, 1999 CONGRESSIONAL RECORD — HOUSE H2333 licensed dealers may sell rifles and shotguns blew it. We blew it. That was the mes- happen here, then surely people will recognize only to persons age 18 or over, and handguns sage that not too many people got. [t]he possibility that it can occur in any com- to persons age 21 or over. [18 U.S.C. 922(b)(1)]. But I must tell the Members, I look munity in America, and maybe that will help us 13. Possession of a firearm on school prop- at our generation and I look at all the to keep it from happening again.’’ erty. Prohibited under 18 U.S.C. 922(q). Five things that have happened, and I look year penalty. Colorado also prohibits a gun My prayers go out to the students, teachers, on school property. (Citation uncertain.) at the life we tried to live and provide faculty, staff, and parents of students who at- 14. Discharge of a firearm on school prop- for our children, thinking it was the tend Columbine High School and to the subur- erty, with a reckless disregard for another’s right thing, it was a life that we de- ban Denver community rocked by this shoot- safety. Prohibited under 18 U.S.C. 922q. Five cided was not worthy of restrictions, ing rampage. year penalty. that we would not impose them on our This nation has made little progress in the 15. Possession, interstate transportation, children, that we would be pals instead way of making our school and communities sale, etc., of a stolen firearm. Prohibited of parents, and we live the high life, safer and preventing these horrific tragedies under 18 U.S.C. 922(i) and (j). A violation is and we blew it. We blew it. from reoccurring. In fact, this was the ninth punishable by 10 years. I think of my neighbor, whose son 16. Intentionally aiming a firearm at an- such incident of tragic school violence in re- other person. Violation of Colorado law. cradled Mr. Sanders in his arms as the cent years. 17. Displaying a firearm in a public place in last breath left his body, and he said to Many schoolchildren have access to weap- a manner calculated to alarm, or discharging my neighbor’s son, ‘‘Please tell my ons and they do not have the support systems a firearm in a public place except on a lawful family I love them.’’ to deal with their grievances. target practice or hunting place. Violation of And I think of the scars that that Yesterday was a poignant reminder to all of Colorado law. child now takes with him for the rest us that communities, parents and gun makers Let me say this on this House Floor, of his life, and not just the physical have an obligation to act responsibly to keep Mr. Speaker: There are great leaders scars that we know are on there from our communities and schools safer. whose sculptures are all around us. the people who are surviving in the But, parents and communities should not Moses looks at us from straight ahead, hospitals, but all the mental scars that have to meet these challenges alone. Govern- and delivered us the most important we will have no idea, we will never ment has a role in keeping products such as and profound law of all. In his eyes and know the depth of them. We will never assault weapons off of our streets and out of through God, we needed 10: Thou shalt know the extent to which they exist. the hands of schoolchildren. not kill. That is a law that we should We will never know how to treat or I urge my colleagues from both sides of the all, Mr. Speaker, live by. who to treat, because we will never aisle to join me in making our schools, our Mrs. MCCARTHY of New York. Mr. know. We will not see with our eyes communities, and our nation safer. Mr. BARCIA. Mr. Speaker, in the aftermath Speaker, I yield the balance of my time how they affect these children. of the tragedy in Littleton, the nation has been to the gentleman from Colorado (Mr. And I think to myself, for some chil- splintered by blame and torn apart by finger- TANCREDO). dren there is still hope, but we have to pointing. As we all try to decide who or what The SPEAKER pro tempore (Mr. look at ourselves as families. We have is to be blamed for the terror wreaked by two STEARNS). The gentleman from Colo- to look in the mirror. There is nowhere young men, the fabric of our national commu- rado (Mr. TANCREDO) is recognized for 3 else to go. As John Donne says, ask not nity is being shredded. While there is a need minutes. for whom the bells toll, they toll for to find some concrete thing to be culpable for Mr. TANCREDO. Mr. Speaker, I thee and for me. this horrible event it is important for us to thank my colleague, the gentlewoman I accept the responsibility, and I stand united as one people, as one country, to from New York, for yielding time to hope with all my heart and I pray to the ever-living God that he gives me support those who need it the most. me. the wisdom, and my colleagues, and my As a Congressman, but first as a citizen of Mr. Speaker, I should say that hav- community, and the culture, the wis- this nation, I would like to express my sin- ing now lived through this horrible ex- dom to know what action we individ- cerest condolences to the people of Littleton, perience and participated in all of the ually can take so as to avoid a tragedy Colorado. I would also like to express the con- events, as many as I could in Colorado, like this ever happening again. I pray dolences of my district, the Fifth District of it has certainly touched my soul in a for that wisdom. Michigan. I have spoken with many constitu- way that few other things that I have Mr. DEFAZIO. Mr. Speaker, I am deeply ents, and received many letters, from those experienced in this Congress have. saddened by the tragedy at Columbine High who are deeply saddened by this horrific Mr. Speaker, I assure my colleagues School in Littleton, Colorado. It brings back event. who have spoken to this point that I emotions my hometown experienced last year After the healing has begun, after we have personally will be more than willing, I when a group of students at Thurston High all decided that we are ready to proceed, we would be happy to look at any pro- School were shot by a fellow student. Last need to become involved in our young peo- posal, any idea anyone has to address week’s violent rampage was an incomprehen- ple’s lives. We need to support and nurture this kind of issue, any solution. I sible and devastating act and I know my com- them like the incredible resources they are. yearn, I ache for a solution, just like munity joins me in sending our thoughts and Whether at home or in school, adults as well anyone else in this Congress. prayers to the victims and their families in Col- as peers need to take a vital interest in their I fear so deeply, however, that what orado. children, students and friends. The sadness, we can do here cannot even begin to We can’t legislate all solutions, but we can frustration and anger that these two young touch or make a dent in the problem take prudent steps to help prevent similar acts men felt should never again be dismissed. that has created Columbine High’s in the future. As we learned in Springfield, the What a disgrace it would be to the memory of tragedy. It is a problem that is close to changes needed to prevent similar tragedies those children and their heroic teacher if we home, close to home for all of us. are going to require an enduring commitment should let the lessons fade from our collective We must look in the mirror, every from each and every one of us. Preventing conscience. Littleton should not be the ‘‘worst single one of us, for the real reason, for youth violence depends on our ability to sup- school massacre in our nation’s history,’’ it the real answer here, because we have port children and families. Each of us needs to should be the last school massacre in our Na- created a culture in which a generation look for ways to do more to help our neigh- tion’s history. at least has grown up without the abil- bors and communities. In small ways and Mr. CROWLEY. Mr. Speaker, I rise today in ity to look at life through the same large, we can all help keep our children and tribute to the students of Columbine High sort of eyes that many other genera- families safe. School in Littleton, Colorado whose tragic tions have, and without the ability to Mr. FORD. Mr. Speaker, this nation is deaths have shocked and saddened our na- actually have a sense of worth, of shocked and deeply affected by the lives that tion. value. were lost in Littleton, Colorado on Tuesday, The images coming out of Littleton, of griev- When I was younger there was a pop- April 20, 1999, as a result of a senseless ing families and students, of terrified children ular movie, ‘‘Easy Rider,’’ and the shooting rampage. We must work harder to and communities struggling to cope with the characters in the movie spent the en- deter violence and promote safety in our na- devestating loss of those dear to them, are tire thing living the high life, literally tions schools. becoming all too familiar. We saw them last and figuratively, on drugs. At the end, I agree with the President: We need to year, in Jonesboro, in Springfield and in West however, they looked up and said, we ‘‘wake up to school violence,’’ and ‘‘if it can Paducah.

VerDate Aug 31 2005 03:55 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00027 Fmt 7634 Sfmt 9920 J:\ODA15\MISCRE~1\1999\H27AP9.REC H27AP9 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS H2334 CONGRESSIONAL RECORD — HOUSE April 27, 1999 Mr. Speaker, this tragedy has again dra- The statistics on youth violence and adoles- ourselves to believe that with this resolution, matically highlighted the inadequacy of current cent death trends are startling: homicide we have done all that we could. We must gun control laws in preventing these types of deaths for teenagers between 15 and 19 ac- honor the memory of those that were killed: senseless tragedies. Therefore, I believe it is counted for 85% or 2,457 deaths by firearms Dave Sanders, Kyle Velasquez, Matt Kechter, vital that we strengthen our Nation’s gun con- and suicide rates have increased by more Corey DePooter, Steven Curnow, Isaiah trol laws to keep guns out of the hands of chil- than 300% in the last three decades. Shoels, Rachel Scott, John Tomlin, Lauren dren and work to help our young people ex- In addition, there has been a 1,000% in- Townsend, Kelly Fleming, Dan Rohrbough, press their anger and feelings of alienation crease in depression among children since the Dan Mauser, and Cassie Bernall. I say their through words and thoughts, and not weap- 1950s. This means that depression, one of the names aloud on this day, in this room, to ons. earliest indicators of poor mental health, is not honor their memory and to urge my col- Our nations schools are supposed to be a being properly addressed. We must help our leagues to remember that this teacher and safe haven for students striving to reach their schools identify troubled children early and these children had bright futures that will full potential in a safe and secure learning en- provide counseling for them before it is too never be realized. vironment. Instead, with increased access and late. Vice President AL GORE asked the commu- availability of guns to our nations youths, we According to news reports, these young nity of Littleton at the memorial ceremony on are seeing our nations schools turn into war suspects were members of a group called the Sunday, ‘‘Now, as we are brought to our zones. ‘‘Trench Coat Mafia.’’ These young men felt knees in the shock of this moment, what say Mr. Speaker, it is also imperative that we do that they were outcasts in the school commu- we?’’ I repeat this question to you, my col- more in our communities to ensure that trage- nity because they were teased constantly by leagues. What say we in the shock of this mo- dies such as the one in Littleton never occur the other students. The motive for this tragedy ment, and what will we say as the shock again. That is why I strongly support programs was reportedly revenge and racial prejudice. passes and our lives go on, even as the lives such as the Federal Safe Schools-Healthy At the end of the day, 15 people were killed, of those thirteen have ended? Will we say, Students Funds to help communities put in including the two alleged shooters, who com- ‘‘No more!’’? Or will we turn away from the place comprehensive violence prevention pro- mitted suicide. harsh reality of the world we have helped to grams. I implore parents, teachers and the other create and hide our faces from the dangers These funds can be used for everything adults who impact the lives of our young peo- our children face every day? from establishing conflict resolution groups to ple to be on alert for the early warning signs We must provide for our children alter- hiring more mental health counselors, to es- of a young person who is troubled. natives to violence and opportunities for cre- tablishing new mentoring programs, to install- These warning signs include isolation, de- ative expression which will allow them to deal ing metal detectors and other security equip- pression, alienation, and hostility. Recognizing with their anger and hurt in productive ways. ment. these signs is the first step to ensure that trou- A pilot educational intervention program being In addition Mr. Speaker, I would like to an- bled youngsters get the counseling and social developed in the fifth district of Missouri is the nounce that this week the Department of Jus- skills training they need early to address their E3 system—Emotional and Ethical Education tice and Education will distribute 150,000 addi- mental health needs before it is too late. for Children. This curriculum seeks to foster tional copies of early warning timely response; For the young people who witnessed this the emotional, cognitive, and ethical develop- A Guide To Safe Schools. tragedy and survived, there is also a need for ment of children through the arts. The E3 sys- The guide, written for teachers, principals, mental health services to help them make it tem utilizes the theory of multiple intelligences parents and others who work with young peo- through these difficult weeks ahead. The trau- and the arts within the curriculum in order to ple, provides information on how to identify ma of witnessing such an event will undoubt- increase test scores and decrease conflicts and respond to early warning signs of troubled edly leave scars that may never fully heal. and violence. Strong arts programs in schools youth that can lead to violence in schools. These children need counseling and support provide emotional outlets for children and Mr. Speaker, we can no longer turn a blind as well. teach them to deal with their emotions without eye to the devastating impact that guns can To the families and the community that has resorting to violence. We must make arts in play on our society. been devastated by this tragedy, our hearts schools a federal initiative and an essential We must be vigilant in our efforts to prevent and minds are with you at this difficult time. component to the solution we all seek. further senseless gun related tragedies and My thoughts and prayers are also with you. I urge my colleagues to remember the make sure that no more children’s lives are Ms. MCCARTHY of Missouri. Mr. Speaker, I shock of this moment as we debate and con- needlessly cut short. rise today to support H. Con. Res. 92 and to sider bills in the upcoming months that raise By taking actions to prevent future acts of express my condolences and sympathy to the difficult questions regarding individual free- violence in our schools, we can best honor the victims’ families and to the citizens of Littleton, doms and the safety of our children. Let us memories of those who lost their lives. Colorado, in the wake of the tragic shooting put partisanship aside as we enter these de- Ms. JACKSON-LEE of Texas. Mr. Speaker, that occurred there last week. What can we as bates, and let us each consider in our own I stand today to express my profound sadness a Congress say to our children and their par- hearts the responsibility that we hold for the concerning the tragic events of last week in ents in light of such a devastating event? This children of this nation and their future. Littleton, Colorado. I would like to extend my resolution states that the House of Represent- Mr. EVERETT. Mr. Speaker, the Nation is deepest sympathy to the families of the vic- atives ‘‘condemns, in the strongest possible reeling from a terrible tragedy. On Tuesday, tims of those horrific shootings. I support the terms, the heinous atrocities which occurred at April 20, Columbine High School in Littleton, Resolution that is on the floor today, and I Columbine High School in Littleton, Colorado; CO, was taken over by two students with the hope that it will lead to a national dialogue on offers its condolences to the families, friends, apparent malicious and premeditated intent to the need for mental health services for chil- and loved ones of those who were killed at kill and main students and teachers. Students dren. Columbine High School and expresses its fled from the building while others hid inside, Schools should be safe and secure places hope for the rapid and complete recovery of hoping the gunmen would not find them. As for all students, teachers and staff members. those wounded in the shooting; applauds the we watched the scene unravel the intensity All children should be able to go to and from hard work and dedication exhibited by the rose as we realized there were at least 25 stu- school without fearing for their safety. Unfortu- hundreds of local, state, and federal law en- dents still inside the building. The scores of nately, we live in a time of metal detectors, forcement officials and the others who offered law enforcement officers could only wait out- mesh book bags and armed police in our their support and assistance; and encourages side the building sizing up the situation and schools. Instead of imprisoning our young the American people to engage in a national figuring out how to rescue the students. We people in school, we need to look into real so- dialogue on preventing school violence.’’ watched and prayed and began to realize that lutions that will protect our children from harm. It is important to pass this resolution and of- this could be our community. This incident underscores the urgent need ficially state our condemnation, condolences, The final count after the SWAT teams had for mental health services to address the and hope, and yet it is not enough. How will fully searched the school was 15 dead and 20 needs of young people. Without concerted ef- we, as individual Members of the House of wounded. The damage inflicted by these two forts to address the mental health disorders Representatives, choose to act in response to disgruntled students is the worse we have that affect our children, we may witness even this atrocity? Will we be satisfied with the seen in a series of school attacks. The pain of more terrifying violence in our schools. passing of this resolution? We must not allow the situation reaches past our understanding

VerDate Aug 31 2005 03:55 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00028 Fmt 7634 Sfmt 9920 J:\ODA15\MISCRE~1\1999\H27AP9.REC H27AP9 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 27, 1999 CONGRESSIONAL RECORD — HOUSE H2335 and grabs our hearts. In a world where we Each time our nation experiences such a unexplainable, the hate that motivated them must be strong, our frail humanity is awak- tragedy we ask ourselves why. was not. ened when something beyond our control hap- Some blame violence in the media, music, Mr. Speaker, what must be explained to our pens. THe damage that has occurred in Little- the Internet, children’s access to guns, paren- youth is that we will make a concerted effort ton, CO, has touched every American family, tal neglect, but the truth is, it is all of this and to understand them, teach them better ways to and the healing process is only beginning. more. resolve their problems, and present more op- Columbine High School will never quite be Mr. Speaker, the answer lies with each one portunities before them while removing guns the same. Schools across the Nation are even of us. from their lives at this moment figuring out how they can pre- In today’s culture, when children are no Mr. Speaker, I join my colleagues in the vent something as horrible as this from hap- longer shocked by violence and have easy ac- House of Representatives, my constituents of pening to them. There is no way to heal the cess to technology, we must call on the par- the 30th Congressional District of Texas and pain felt by the parents who have lost their ents, educators, and students to work together the entire Nation in sending my prayers and children, and in our democratic society, there to prevent another senseless tragedy. thoughts to the families and friends of those is not way for us to assure our students they If we can foster interaction between parents, people taken away from them in this tragedy. will be completely safe at school. The tragedy teachers, and students—to recognize potential Mr. Speaker, I also pray for other young of the situation is that there is no perfect an- problems—we have a greater chance of keep- people who may feel shunned by society and swer. The innocence lost by our children can ing our schools safe. filled with misunderstanding, hate, and a feel- never be regained, and we can only place It will take work and cooperation, but when ing of being losers. I pray that we can all instill them in God’s hands as we send them out we look at the lives cut short at Columbine in these youngsters a better sense of self-es- into the world. My prayers go out to the com- High School, I think we can all agree it is teem and purpose. The two students who munity in Littleton, that God would grant them worth the extra effort. gunned down their classmates before killing strength and peace in the midst of such an Mr. Speaker, today, my thoughts and pray- themselves at Columbine High School felt that unfathomable nightmare. ers are with the community of Littleton, Colo- they were losers. It was that feeling of being Mr. GOODLING. Mr. Speaker, it is with a rado, as they begin their healing process. losers that motivated them to create such a heavy heart that I rise in support of this reso- As a tribute to the family and friends who loss. lution that we are considering today. A sense- lost loved ones, let us turn this tragedy into an Mr. GILMAN. Mr. Speaker, the recent less and horrific tragedy has stunned the na- opportunity. events at Columbine High School in Littleton, tion, shocked a community, and devastated I ask all Americans to take a greater interest CO, marks another sad chapter in the many countless families. The name Columbine High and responsibility in the education of our chil- recent tragedies that have occurred far too fre- School will be forever remembered in tragedy. dren. quently in our nations schools. In horror, we watched the events of last Tues- Help us work together so that our nation’s Too often today, we hear of acts of violence day and even now we are in disbelief as we students can once again look to school as a perpetrated in our schools by troubled youths. have learned of the magnitude of the devasta- haven for learning. Equally too often, the reasons behind these tion caused by two teenage boys turned vio- God Bless the community of Littleton during acts eludes us, leaving parents, teachers and lent murderers. this difficult time and God Bless America. fellow students to search for the reasons. Unfortunately, this is not the first time we Ms. EDDIE BERNICE JOHNSON of Texas. The Columbine High School tragedy is a have seen children become deadly criminals Mr. Speaker, ‘‘It’s kind of sad that it’s not sur- stark reminder we need to do all that we can and turn their violence against other students prising anymore.’’ in an endeavor to understand the motivations and their teachers. Jonesboro, Arkansas, Pa- Mr. Speaker, these are the words of a high behind such acts in an effort to prevent future ducah, Kentucky, Norwalk, Connecticut, Pearl, school sophomore at Irving High School in my tragedies. We must also encourage parents Mississippi, Edinboro, Pennsylvania, and now district. She was speaking about the brutal and teachers to reach out to children whom Littleton, Colorado, are synonymous with vio- and horrific rampage where two high school they feel may be troubled to provide the help lent school tragedy. Schools should be sanc- youngsters armed themselves and began a that they need. tuaries of education and a place of safety for violent killing spree at Columbine High School While we may never know the true motiva- our nation’s children. in Littleton, CO. When their campaign of terror tions behind the actions of Eric Harris and This resolution condemns in the strongest finally ended, 16 students and teachers were Dylan Klebold, we must do all that we can to possible terms, the heinous atrocities which dead. In addition, some 20 other students ensure the safety of our schools so that teach- occurred; offers condolences to the families, were wounded. ers and students can attend class without fear. friends and loved ones of those who were Mr. Speaker, not only did I find myself natu- I invite my colleagues to join in offering our killed; expresses hope for the rapid and com- rally shocked by this incident, I was even condolences to the families, friends, and loved plete recovery of those wounded; and ap- more shocked by the aforementioned re- ones of those who were killed at Columbine plauds the hard work and dedication exhibited sponse to it by this high school student. In- High School and expressing hope for the rapid by the hundreds of local, State and Federal deed, violence has so penetrated the lives of and complete recovery of those wounded in law enforcement officials and others who of- our youth that the shock value over events like the shooting and also in recognizing the hard fered their support. But, it is with hope that we those in Littleton, CO, has worn off. Between work and dedication exhibited by local, State ask, through this resolution, for a national dia- ethnic cleansing in Kosovo and young gunmen and Federal law enforcement officials and oth- logue to understand this tragedy and stop targeting minorities and athletes at Columbine ers who offered their expert support and as- school violence from ever occurring again. High School, we certainly find ourselves in an sistance to all affected by this tragic incident. As a parent, an educator, and a Congress- environment where violence is expected, is Mr. TANCREDO. Mr. Speaker, I yield man, I can only imagine the pain and suffering the norm, and is not surprising anymore. back the balance of my time. of the families and my heart and prayers go Mr. Speaker, I would ask this mourning Na- The SPEAKER pro tempore. The out to them. It is my hope that we will find an- tion to be more attentive to the thoughts and question is on the motion offered by swers to preventing these heinous and sense- words of our young people. We must come to- the gentleman from Colorado (Mr. less actions so that no other community must gether and address this deadly mix of violence TANCREDO) that the House suspend the face the nightmare of Littleton. and racism. If we do not, then our young peo- rules and agree to the concurrent reso- Mr. JONES of North Carolina. Mr. Speaker, ple will become more jaded, disenchanted, lution, H. Con. Res. 92. I have the honor of representing the citizens of and numb over the loss of life. If we do not The question was taken; and (two- the Third District of North Carolina. Like all address the root causes of hate, then violence thirds having voted in favor thereof) Americans, my constituents back home offer will rule the day and cease to be surprising the rules were suspended and the con- their prayers for those that lost friends and anymore. current resolution was agreed to. loved ones in last week’s tragedy at Col- Unfortunately, we have been lacking in our A motion to reconsider was laid on umbine High School. commitment, zeal, and work to combat hate the table. Mr. Speaker, in the past year and a half, at and violence. That is why I understand the f least 29 people have been killed as a result of words of this high school student and others school violence. throughout the country that look at this loss of GENERAL LEAVE Just last week, 15 lives came to an abrupt life through such a bleak prism. I certainly Mr. TANCREDO. Mr. Speaker, I ask end in an environment that is meant to foster cannot blame them. Although the madness unanimous consent that all Members learning and development. perpetrated by the assailants was may have 5 legislative days within

VerDate Aug 31 2005 03:55 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 J:\ODA15\MISCRE~1\1999\H27AP9.REC H27AP9 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS H2336 CONGRESSIONAL RECORD — HOUSE April 27, 1999 which to revise and extend their re- Isakson Miller, Gary Sessions The result of the vote was announced marks on House Concurrent Resolution Istook Miller, George Shadegg as above recorded. Jackson (IL) Minge Shaw 92. Jackson-Lee Mink Shays A motion to reconsider was laid on The SPEAKER pro tempore. Is there (TX) Moakley Sherman the table. objection to the request of the gen- Jefferson Mollohan Sherwood Stated for: Jenkins Moore tleman from Colorado? Shimkus Ms. SLAUGHTER. Mr. Speaker, I was un- John Moran (KS) Shows There was no objection. Johnson (CT) Morella Shuster able to present today for rollcall vote No. 97. Johnson, E. B. Murtha Simpson Had I been present, I would have voted ‘‘yea.’’ f Johnson, Sam Myrick Sisisky f Jones (NC) Nadler Skeen SATELLITE COPYRIGHT, COMPETI- Jones (OH) Napolitano Skelton REMOVAL OF NAME OF MEMBER TION, AND CONSUMER PROTEC- Kanjorski Neal Smith (MI) AS COSPONSOR OF H.R. 1239 Kaptur Nethercutt Smith (NJ) TION ACT OF 1999 Kasich Ney Smith (TX) Mrs. CHRISTENSEN. Mr. Speaker, I Kelly Northup The SPEAKER pro tempore. The Smith (WA) ask unanimous consent to remove my Kennedy Norwood Snyder pending business is the question of sus- Kildee Nussle name as a cosponsor of H.R. 1239. Souder pending the rules and passing the bill, Kilpatrick Oberstar The SPEAKER pro tempore (Mr. MIL- Spence H.R. 1554, as amended. Kind (WI) Obey LER of Florida). Is there objection to King (NY) Olver Spratt The Clerk read the title of the bill. Kingston Ortiz Stabenow the request of the gentlewoman from The SPEAKER pro tempore. The Kleczka Ose Stark the Virgin Islands? question is on the motion offered by Klink Owens Stearns There was no objection. Stenholm the gentleman from Texas (Mr. ARMEY) Knollenberg Oxley f Kolbe Packard Strickland that the House suspend the rules and Kucinich Pallone Stump REMOVAL OF NAME OF MEMBER Stupak pass the bill, H.R. 1554, as amended, on Kuykendall Pascrell AS COSPONSOR OF H.R. 351 which the yeas and nays are ordered. LaFalce Pastor Sununu Sweeney The vote was taken by electronic de- LaHood Payne Mr. CUMMINGS. Mr. Speaker, I ask Lampson Pease Talent unanimous consent to remove my vice, and there were—yeas 422, nays 1, Lantos Pelosi Tancredo answered ‘‘present’’ 1, not voting 9, as Largent Peterson (MN) Tanner name as a cosponsor of H.R. 351. follows: Larson Peterson (PA) Tauscher The SPEAKER pro tempore. Is there Latham Petri Tauzin objection to the request of the gen- [Roll No. 97] LaTourette Phelps Taylor (MS) tleman from Maryland? YEAS—422 Lazio Pickering Taylor (NC) Leach Pickett Terry There was no objection. Abercrombie Chabot Foley Lee Pitts Thomas f Ackerman Chambliss Forbes Levin Pombo Thompson (CA) Allen Chenoweth Ford Lewis (CA) Pomeroy Thompson (MS) ORDERING SELECTED RESERVE Andrews Clay Fossella Lewis (GA) Porter Thornberry Archer Clayton Fowler AND CERTAIN INDIVIDUAL Lewis (KY) Portman Thune Armey Clement Frank (MA) READY RESERVE MEMBERS OF Linder Price (NC) Thurman Bachus Coble Franks (NJ) Lipinski Quinn Tiahrt THE ARMED FORCES TO ACTIVE Baird Coburn Frelinghuysen LoBiondo Radanovich Tierney DUTY—MESSAGE FROM THE Baker Collins Frost Lofgren Rahall Baldacci Combest Gallegly Toomey PRESIDENT OF THE UNITED Lowey Ramstad Towns Baldwin Condit Ganske Lucas (KY) Regula STATES (H. DOC. NO. 106–51) Ballenger Conyers Gejdenson Traficant Lucas (OK) Reyes Turner The Speaker pro tempore laid before Barcia Cook Gekas Luther Reynolds Udall (CO) Barr Cooksey Gephardt Maloney (CT) Riley the House the following message from Udall (NM) Barrett (NE) Costello Gibbons Maloney (NY) Rivers the President of the United States; Upton Barrett (WI) Cox Gilchrest Manzullo Rodriguez Velazquez which was read and, together with the Bartlett Coyne Gillmor Markey Roemer Vento accompanying papers, without objec- Barton Cramer Gilman Martinez Rogan Bass Crane Gonzalez Mascara Rogers Visclosky tion, referred to the Committee on Bateman Crowley Goode Matsui Rohrabacher Walden Armed Services and ordered to be Walsh Becerra Cubin Goodlatte McCarthy (MO) Ros-Lehtinen printed: Bentsen Cummings Goodling McCarthy (NY) Rothman Wamp Bereuter Cunningham Gordon McCollum Roukema Waters To the Congress of the United States: Berkley Danner Goss McCrery Roybal-Allard Watkins I have today, pursuant to section Berman Davis (FL) Graham McDermott Royce Watt (NC) 12304 of title 10, United States Code, Berry Davis (IL) Granger McGovern Rush Watts (OK) authorized the Secretary of Defense, Biggert Davis (VA) Green (TX) McHugh Ryan (WI) Waxman Bilbray Deal Green (WI) McInnis Ryun (KS) Weiner and the Secretary of Transportation Bilirakis DeFazio Greenwood McIntosh Sabo Weldon (FL) with respect to the Coast Guard, when Bishop DeGette Gutierrez McIntyre Salmon Weldon (PA) it is not operating as a service within Blagojevich Delahunt Gutknecht McKeon Sanchez Weller Bliley DeLauro Hall (OH) McKinney Sanders Wexler the Department of the Navy, under Blumenauer DeLay Hall (TX) McNulty Sandlin Weygand their respective jurisdictions, to order Blunt DeMint Hansen Meehan Sanford Whitfield to active duty any units, and any indi- Boehlert Deutsch Hastings (FL) Meek (FL) Sawyer Wicker vidual members not assigned to a unit Boehner Diaz-Balart Hastings (WA) Meeks (NY) Saxton Wilson Bonilla Dickey Hayes Menendez Scarborough Wise organized to serve as a unit, of the Se- Bonior Dicks Hayworth Metcalf Schaffer Wolf lected Reserve, or any member in the Bono Dingell Hefley Mica Schakowsky Woolsey Individual Ready Reserve mobiliza- Borski Dixon Herger Millender- Scott Wu Boswell Doggett Hill (IN) McDonald Sensenbrenner Young (AK) tions category and designated essential Boucher Dooley Hill (MT) Miller (FL) Serrano Young (FL) under regulations prescribed by the Boyd Doolittle Hilleary Secretary concerned. These reserves Brady (TX) Doyle Hilliard NAYS—1 Brown (FL) Dreier Hinchey will augment the active components in Brady (PA) Brown (OH) Duncan Hinojosa support of operations in and around the Bryant Dunn Hobson ANSWERED ‘‘PRESENT’’—1 former Yugoslavia related to the con- Burr Edwards Hoeffel Burton Ehlers Hoekstra Paul flict in Kosovo. A copy of the Executive order imple- Buyer Ehrlich Holden NOT VOTING—9 Callahan Emerson Holt menting this action is attached. Aderholt Engel Rangel Calvert English Hooley WILLIAM J. CLINTON. Camp Eshoo Horn Brown (CA) Moran (VA) Slaughter THE WHITE HOUSE, April 27, 1999. Campbell Etheridge Hostettler Clyburn Pryce (OH) Wynn Canady Evans Houghton f Cannon Everett Hoyer Capps Ewing Hulshof b 1635 SPECIAL ORDERS Capuano Farr Hunter So (two-thirds having voted in favor The SPEAKER pro tempore. Under Cardin Fattah Hutchinson Carson Filner Hyde thereof) the rules were suspended and the Speaker’s announced policy of Jan- Castle Fletcher Inslee the bill, as amended, was passed. uary 6, 1999, and under a previous order

VerDate Aug 31 2005 03:55 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 J:\ODA15\MISCRE~1\1999\H27AP9.REC H27AP9 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 27, 1999 CONGRESSIONAL RECORD — HOUSE H2337 of the House, the following Members riers. In fact, even today, roughly 60 tleman from American Samoa (Mr. will be recognized for 5 minutes each. percent of the cargo that is transported FALEOMAVAEGA) is recognized for 5 f between the U.S. and China is carried minutes. on third-country carriers, such as Ko- (Mr. FALEOMAVAEGA addressed the AVIATION BILATERAL rean and Singapore carriers. House. His remarks will appear here- ACCOUNTABILITY ACT OF 1999 after in the Extensions of Remarks.) b 1645 The SPEAKER pro tempore. Under a f previous order of the House, the gen- At first, U.S. negotiators held firm to tleman from Illinois (Mr. LIPINSKI) is the position that at least two new addi- CONGRATULATIONS TO RADIO recognized for 5 minutes. tional U.S. carriers should be added to STATION WGRE ON CELEBRA- Mr. LIPINSKI. Mr. Speaker, I rise the U.S.-China market. However, un- TION OF 50 YEARS OF EXEM- today to ask my colleagues to join me fortunately, the final agreement only PLARY SERVICE in introducing the Aviation Bilateral allows for one additional carrier in the The SPEAKER pro tempore. Under a Accountability Act of 1999. This legis- year 2001. Therefore, all U.S. carriers, previous order of the House, the gen- lation will require congressional ap- both passenger and cargo, must com- tleman from Indiana (Mr. PEASE) is proval of all U.S. aviation bilateral pete for the single designation. United recognized for 5 minutes. agreements. Parcel is not optimistic that it will win Mr. PEASE. Mr. Speaker, though it U.S. international aviation policy is this designation because of the histor- was not my purpose to address the determined by a series of bilateral ical preference given to passenger car- aviation issues, I wish to associate my- aviation agreements. U.S. bilateral riers in such cases. Therefore, accord- self with the remarks made by the gen- aviation agreements are executive ing to United Parcel Service, a new tleman from Illinois (Mr. LIPINSKI), the agreements that are negotiated and U.S. cargo carrier will not enter the distinguished ranking member of the signed by representatives from the De- U.S.-China market under the new Subcommittee on Aviation of the Com- partment of State and the Department agreement. This means that foreign mittee on Transportation and Infra- of Transportation. Congress does not cargo carriers will continue to benefit structure, a leader in advocacy for play any official role in the approval of from the market at the expense of U.S. American aviation, its safety and for these agreements. carriers and the U.S. economy. American carriers. On April 9, 1999, Secretary of State I want to make it perfectly clear, Mr. Speaker, 50 years ago last Sun- Madeleine Albright and Secretary of however, I am not here today to criti- day, a vision of student-oriented mass Transportation Rodney Slater joined cize the new U.S.-China aviation agree- media became a reality on the campus representatives from the People’s Re- ment. Rather, I am here to point out of DePauw University in Greencastle, public of China’s aviation committee that this agreement spells out how Indiana. On April 25, 1949, WGRE Radio and agreed to a bilateral agreement be- U.S. carriers will operate and compete began broadcasting as the first FCC li- tween the United States and China. in China for the next 3 years. China is censed 10-watt educational station in The dual agreement will govern avia- the largest market in the world. It the Nation. DePauw Professors Harold tion policy between the U.S. and China holds great trading potential for the Ross and Betty Turnell founded the for the next 3 years. United States. Yet the United States station based on an image of the mass The new agreement allows for a dou- House of Representatives, the United media being an invaluable teaching bling of scheduled flights between the States Senate did not play any official tool. This founding vision has been the two countries over the next 3 years. role in approving this agreement. hallmark of WGRE’s 50 years in broad- This increases the number of flights For this reason, I am once again in- casting. from 27 per week for each country’s troducing the Aviation Bilateral Ac- WGRE has been able to provide this carriers to 54 per week in the year 2001. countability Act which will require teaching tool for its students while al- The new agreement also allows an ad- congressional approval of all U.S. bi- ways being a community-oriented sta- ditional carrier from each country to lateral aviation agreements. Aviation tion. Throughout the station’s history, be designated to serve the U.S.-China agreements have tremendous long- WGRE has provided west central Indi- market in the year 2001. term impacts on U.S. carriers, U.S. cit- ana with diverse programming, meet- Northwest Airlines, United Airlines, ies, U.S. consumers and the U.S. econ- ing the needs of its listening audience. and Federal Express are the current omy. In effect, these agreements are It has always made an effort to bring U.S. carriers designated to serve the trade agreements that determine the the listening audience programming it Chinese market. American Airlines, amount of access the U.S. will have to can use to become more well-rounded Delta Airlines, United Parcel Service particular foreign markets. Congress citizens. For example, during the sta- and Polar Air Cargo have all expressed should not be excluded from agree- tion’s earlier years, a complete opera strong interest in serving the U.S.- ments of such magnitude. series was broadcast to western Indi- China market and will no doubt com- As Members of Congress, we represent ana. And now alternative music is in pete vigorously to win the one addi- those who will hopefully benefit from new avia- vogue, so the station complements this tional carrier designation in 2001. The tion agreements—the businessman, the pleas- entertainment with around-the-clock new U.S.-China aviation agreement ure traveler, the consumer, and the flying pub- news and sports coverage along with also expands both direct and co-share lic in general. Therefore, we should have the public affairs broadcasting. service to more cities in both nations. right to make sure that bilateral aviation agree- WGRE has always been a full service The new aviation agreement was ments are negotiated to give U.S. consumers FM radio station. Whether it be the agreed to after 18 months of long nego- the most access to foreign markets, as the music that fits the times, DePauw’s tiations between the United States and best price. sports broadcasts or local election cov- the Chinese civil aviation authorities. I once again urge my colleagues to join me erage, WGRE has always tried to em- The agreement was signed at the same in introducing the Aviation Bilateral Account- phasize its diversity and the diversity time that China’s Prime Minister was ability Act. of its mission. It is this diverse usage visiting the United States. f of the mass media that has worked to Many in the airline industry have The SPEAKER pro tempore (Mr. MIL- train 50 years’ worth of WGRE DePauw praised the new agreement for expand- LER of Florida). Under a previous order University alumni. WGRE is proud of ing opportunities in the U.S.-China of the House, the gentleman from Cali- its alums that have used WGRE as a market. However, other industry mem- fornia (Mr. OSE) is recognized for 5 springboard to productive mass media bers feel that the United States settled minutes. careers, but WGRE is equally proud of for too little too quickly. For example, (Mr. OSE addressed the House. His its graduates who used the station as a United Parcel Service closely followed remarks will appear hereafter in the tool to broaden their education on the the negotiations and was particularly Extensions of Remarks.) way to pursuing careers outside of disappointed in the outcome. f mass media. The large U.S.-China market could The SPEAKER pro tempore. Under a Now run by a student board of direc- easily accommodate additional car- previous order of the House, the gen- tors overseeing the largest DePauw

VerDate Aug 31 2005 03:55 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00031 Fmt 7634 Sfmt 0634 J:\ODA15\MISCRE~1\1999\H27AP9.REC H27AP9 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS H2338 CONGRESSIONAL RECORD — HOUSE April 27, 1999 University extracurricular volunteer And so the remarks that were made Automobiles kill, yes, they do, Mr. staff of over 200 students, WGRE hopes today were very strong in action. They Speaker, but most times it is classified to continue to serve the Greencastle were also strong in passion. I hope that as an accident. When guns are in the and west central Indiana communities. we were heard not only by the Mem- hands of individuals who are frustrated This community awareness continues bers and those in the audience but real- and angry and sad and in pain or just to be manifested through the station’s ly by America, because one of the most plain mean, they are intentionally used ongoing community outreach and fund- important things that was said by the to kill people. raising activities. In recent years, gentlewoman from New York (Mrs. There is a time now, Mr. Speaker, to WGRE has raised thousands of dollars MCCARTHY), America must express its fight this gun siege and to end the for many causes, including the humane outrage by action and America should tragic killings of our children. My sym- society and the local homeless shelter. stand up along with those who care pathy to all of America. I ask that you This work has led to this station being about the proliferation of guns and gun stand up and be counted to make sure the only college radio station nomi- violence by children against another that we have a safer place for our chil- nated for a national broadcaster’s com- incident like this happening and more dren to live. words being said. munity service award. f Currently at 91.5 FM on the radio The first, Mr. Speaker, was I asked The SPEAKER pro tempore. Under a dial, WGRE looks to have another 50 last week that you convene those of us previous order of the House, the gen- years of quality broadcasting recog- involved in children’s advocacy groups, tleman from Indiana (Mr. BURTON) is nized for its diversity and community caucuses that are part of the House, so recognized for 5 minutes. orientation. The trail-blazing vision of that we can talk to each other about (Mr. BURTON of Indiana addressed Professors Turnell and Ross has grown what we can do for children. Last week I also amended the juvenile crime bill the House. His remarks will appear into a bountiful mass media entity and to be marked up in Judiciary to pro- hereafter in the Extensions of Re- dedicated to teaching its participants vide a provision that deals with mental marks.) while serving the community. health services. Two-thirds of Amer- Congratulations to the people of f ica’s children do not have mental WGRE on the celebration of its 50 health services. We do not have a way ON KOSOVO years of exemplary service. of intervening, of risk assessment, we The SPEAKER pro tempore. Under a f do not have a way of prevention and previous order of the House, the gen- The SPEAKER pro tempore. Under a treatment. We do not listen to our chil- tleman from Ohio (Mr. KASICH) is rec- previous order of the House, the gentle- dren. We lock them up but we do not ognized for 5 minutes. woman from the District of Columbia get into their minds ahead of time to Mr. KASICH. Mr. Speaker, it seems (Ms. NORTON) is recognized for 5 min- find out about the anger, the anguish clear that the crisis in Kosovo is near- utes. and the pain. (Ms. NORTON addressed the House. ing a decision point. It is obvious that But we must realize that guns kill, last weekend’s NATO summit in Wash- Her remarks will appear hereafter in Mr. Speaker, as well. And today we the Extensions of Remarks.) ington was a watershed. Now the ad- took a stand to eliminate the evilness ministration and other NATO govern- f of what guns do with children. First of ments are talking openly of at least CALL TO ACTION IN AFTERMATH all, 250 million guns in America, al- planning for the introduction of ground OF LITTLETON TRAGEDY most one gun for every American. troops to secure Kosovo, something Today, the President unveiled a pack- The SPEAKER pro tempore. Under a that the administration had until then age to increase the age at which you denied it was even planning. Officials previous order of the House, the gentle- could get a gun and to hold someone are using euphemisms like ‘‘troops in a woman from Texas (Ms. JACKSON-LEE) liable for selling a gun to someone nonpermissive environment,’’ but the is recognized for 5 minutes. under the age of 21; to also hold par- meaning ought to be plain. Ms. JACKSON-LEE of Texas. Mr. ents responsible for those children who At the same time, however, there Speaker, I have on a ribbon of dark get guns into their hands; to not allow have been high-level meetings between blue color to associate myself with the gunrunning by limiting the gun pur- U.S. and Russian officials about the grief of America and the grief of those chases to one a month; to acknowl- substance of Russian Envoy Viktor in Littleton, Colorado. edging the fact that yes, people kill but Chernomyrdin’s mission to Belgrade It would seem that over these last they use guns to kill. couple of days, so many of us have had And, therefore, Mr. Speaker, it is sad over the weekend. There are contradic- the chance to express ourselves in to note that the National Rifle Asso- tory reports coming out of Belgrade words. There is a difficulty in that, for ciation was not standing with us. I am and Moscow about exactly what con- words can be soothing but, Mr. Speak- not against hunting, I am not against stitutes a basis for negotiation. The er, they are not action, they do not sports, using guns. I realize that we Russians are saying that a UN-author- stop the tragedy of what occurred, they have freedom in this country, Mr. ized force that included elements from are fleeting in their comfort, and they Speaker. But if we do not remove that NATO would be acceptable to leave us looking for solutions. culture of arguing the second amend- Milosevic, but Milosevic later denied Today, I was very pleased to join the ment and that we need these guns for he had agreed to that. But yesterday President and First Lady and many sports and we shoot ducks and other the Yugoslavian Deputy Prime Min- members of the Cabinet and many things and do not realize that we have ister insisted that such an inter- Members of this House of Representa- got to get the assault weapons, we have national force was acceptable. tives and the United States Senate to got to get the proliferation of guns off NATO governments have downplayed once and for all put some action behind the street, we have got to do something the significance of the Russian peace these words. First of all, we acknowl- about guns in the hands of children. proposal. But before we consider the edged that the people of Littleton, Col- Now is the time. The moment is here, step of introducing ground forces into a orado, were burying their dead children tragically. conflict that I believe was unwise for and with the pain that they experi- I hope, Mr. Speaker, that we do not America to have become militarily in- enced, we offered for them a moment of have to bury more children because we volved in to begin with, we ought to silence, hoping to connect in some way refuse to act. It is now time to ban test such peace proposals before we with the pain of bearing a teacher and guns from the hands of children, hold think about military escalation. Like- students, children that were loved, parents and adults responsible, move wise, the UN Secretary General, Koffi children with futures, the pain that the age up to 21, stop buying guns and Annan, is scheduled to travel to Mos- was experienced by that community, gunrunning, and ensuring, Mr. Speak- cow on Thursday for discussions on we hoped we could connect to it. But er, that we do not have the bomb-mak- Kosovo. Such visits should not be we also felt compelled, as I have done ing, if you will, recipes on the Internet, spurned or belittled if they are con- in the past couple of days, to do some- and that we do not allow our children structive steps, however halting and thing more. to get guns in their hands. uncertain, on the path to peace.

VerDate Aug 31 2005 03:55 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 J:\ODA15\MISCRE~1\1999\H27AP9.REC H27AP9 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 27, 1999 CONGRESSIONAL RECORD — HOUSE H2339 I strongly believe that America erable? Because once having initiated hope that these talks are a prelude to should seize opportunities for peace hostilities, even if it was a policy based the heads of governments of the af- rather than to seek opportunities to es- on flawed premises, we cannot simply fected countries making a concerted ef- calate the violence. We have to hon- walk away and wash our hands of the fort at a political settlement. estly ask ourselves whether we would problem. The bombing has created cer- The United States can and should re- pursue the same policy if we could turn tain facts: for our own policy, the per- main strongly engaged internationally the calendar back to March 24. Our ception of Yugoslavian government, because regional instability will not bombing did not initiate ethnic cleans- and not least for the refugees. At the solve itself. But we must choose our ing in the Balkans, but we have to be same time, however, we should avoid tools very carefully, for the stakes do candid in recognizing that it aggra- military escalation in a region where not allow for failure. I believe America vated what was already a humani- the only rational and durable solutions needs to draw a careful balance be- tarian tragedy. An important element are political in nature. tween our military and diplomatic ef- of the Hippocratic oath in medicine is, I use the term ‘‘escalation’’ with forts. Right now there is an imbalance first, do no harm. If U.S. policy was good reason, because the parallels with in favor of military means. While based on humanitarian considerations, Vietnam are striking. For that very maintaining the option of military it has clearly failed on that score. reason this resolution would prohibit pressure from the air, we should avoid Having embarked on this policy, the ground combat operations in Yugo- boots on the ground or rather boots in United States has now assumed a slavia without specific authorization in a Balkan quagmire. That is why the moral obligation to get Milosevic to law because the mission creep in Fowler-Kasich-Goodling resolution is withdraw his forces from Kosovo. He Kosovo is similar to U.S. force deploy- the right approach and deserves the should help return the refugees in an ments in the early stages of Vietnam. support of this House. In the longer orderly manner and work with us to Viewed through the lens of history, our term, however, we should seek opportu- generally assist in reconstruction, force buildup in the region and our edg- nities for a lasting and enforceable po- along with all of our allies and friends ing towards ground combat operations litical settlement. could be the prelude to another Gulf of throughout the world. Just as surely, f we need to help Albania and Macedonia Tonkin incident. Members also should The SPEAKER pro tempore. Under a economically, for they are bearing the be aware that this resolution specifi- previous order of the House, the gen- brunt of the refugee crisis. But we cally exempts search-and-rescue mis- tleman from Washington (Mr. SMITH) is must ask ourselves whether military sions. recognized for 5 minutes. escalation is the best means of achiev- But drawing a legislative bright line (Mr. SMITH of Washington addressed ing that. I have come to the conclusion between bombing and boots on the the House. His remarks will appear that military escalation is neither in ground is only one element of the solu- hereafter in the Extensions of Re- the national interest nor can it achieve tion. The problem is now bigger than marks.) a stable, long-term peace in the region. Kosovo, and I believe America should actively encourage the mediation of a f b 1700 settlement before this crisis becomes a The SPEAKER pro tempore. Under a Those who have called for ground wider conflict. To the objection that previous order of the House, the gen- troops usually do not specify the goal. mediation will not work, I say we will tleman from California (Mr. Is it to take Kosovo and occupy it for never know unless we, the United CUNNINGHAM) is recognized for 5 min- years, perhaps decades, against the States, throw greater weight behind utes. threat of Serbian guerrilla warfare; or such efforts. (Mr. CUNNINGHAM addressed the should the goal be to conquer Serbia I do not underestimate the difficul- House. His remarks will appear here- with unforeseen consequences to wider ties that are involved, but should after in the Extensions of Remarks.) Balkan instability, our relationship Milosevic balk, we will retain the abil- f with Russia and our ability to respond ity to apply military pressure from the The SPEAKER pro tempore. Under a to other regional flash points around air. Once a settlement is reached, an previous order of the House, the gentle- the world? Do those who advocate such international force may be necessary woman from Oregon (Ms. HOOLEY) is a course understand that it may take to assist the refugee return and oversee recognized for 5 minutes. months to properly build up such an in- reconstruction. We should be more (Ms. HOOLEY of Oregon addressed vasion and force? How much more mis- flexible about the makeup of this force the House. Her remarks will appear ery and devastation will have occurred than we have been in the past. Rather hereafter in the Extensions of Re- by then, and does that serve the inter- than making its composition a non- marks.) ests of refugees and innocent civilians? negotiable end in itself, we should bear I am not impressed by foreign leaders in mind that the international force is f who take it upon themselves to lecture the means to an end; that means to an The SPEAKER pro tempore. Under a the American people about where our end, peace and stability in Kosovo previous order of the House, the gen- duty lies or how we must not be so mis- where ethnic Albanians can live in tleman from South Carolina (Mr. guided as to slip into isolationism. safety and with autonomy. DEMINT) is recognized for 5 minutes. This argument is simply not warranted Last week I urged the President to (Mr. DEMINT addressed the House. in light of the history of the last 50 call for a special meeting of the G–8 His remarks will appear hereafter in years or in reference to the present sit- countries to begin a formal effort to the Extensions of Remarks.) uation. Responsible internationalism achieve a peaceful settlement. This G– f does not mean we must be stampeded 8 meeting could help initiate a frame- The SPEAKER pro tempore. Under a into using force when our national in- work for a diplomatic solution of the previous order of the House, the gen- terest is not well defined and other crisis and begin to put in place the tleman from Hawaii (Mr. ABERCROMBIE) means short of force have not been ex- foundation for economic assistance to is recognized for 5 minutes. hausted. the region. Delegations from the (Mr. ABERCROMBIE addressed the I plan to offer a resolution with my Ukraine and other affected regional House. His remarks will appear here- colleagues, the gentlewoman from countries could also be invited. Such a after in the Extensions of Remarks.) Florida (Mrs. FOWLER) and the gen- meeting is only the beginning of a long tleman from Pennsylvania (Mr. GOOD- and difficult process, but it is a step f LING), a resolution that would neither our country should not be afraid to The SPEAKER pro tempore. Under a mandate withdrawal on the one hand take. previous order of the House, the gen- nor escalate the war and do a ground I am pleased that the President ap- tleman from Iowa (Mr. GANSKE) is rec- invasion on the other. This resolution pears to be responding positively. This ognized for 5 minutes. would bar the introduction of ground week Strobe Talbott, the Deputy Sec- (Mr. GANSKE addressed the House. forces from Kosovo and the rest of retary of State, was dispatched to Mos- His remarks will appear hereafter in Yugoslavia. Why is such a course pref- cow for discussions on Kosovo, and I the Extensions of Remarks.)

VerDate Aug 31 2005 03:55 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 J:\ODA15\MISCRE~1\1999\H27AP9.REC H27AP9 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS H2340 CONGRESSIONAL RECORD — HOUSE April 27, 1999 WISHING DR. DAVID STRAND OF pending retirement as President of Illinois People will talk about it: It is about to ILLINOIS STATE UNIVERSITY A State University in Bloomington, Illinois. fail, it is going to collapse, it is the end HAPPY RETIREMENT I would be remiss not to stand here today of the world. But if you were active po- The SPEAKER pro tempore. Under a honoring Dr. Strand, for throughout his long litically before 1965, the situation was previous order of the House, the gen- and distinguished tenure spanning from 1978 very much different for senior citizens tleman from Illinois (Mr. EWING) is rec- until 1999 with Illinois State University, Dr. in this country. ognized for 5 minutes. Strand has helped shape the lives of thou- I put this graph up because I think it Mr. EWING. Mr. Speaker, I rise today sands of young men and women. is important to remember what it was in honor of a very good friend of mine, Over the years, graduates of Illinois State like before Medicare. In 1965, 54 percent Dr. David Strand, to recognize his University, have traveled far beyond the bor- of senior citizens did not have health pending retirement as president of Illi- ders of Illinois, and have spread out around insurance. Less than half the people in nois State University in Bloomington, the country to become some of the best and this country had health insurance Illinois. I would be remiss not to come brightest in their respective fields. when they got to be 65. Today, in 1999, here today to honor Dr. Strand, for As doctors, lawyers, educators, business 99 percent of senior citizens are cov- throughout his long and distinguished professionals and civic leaders, these men ered. tenure, spanning from 1978 until 1999 at and women have gone on to help shape the Now what that has done for not only the university at Normal, Illinois, Illi- United States into the prosperous, peaceful the senior citizens, but their children nois State University, Dr. Strand has and strong nation we are today. Dr. David and their grandchildren, has been enor- helped shape the lives of thousands of Strand, through his years of service, helped mous because it has had an impact on young men and women. Over the years make this happen, and for this, we, as a na- them both from a financial standpoint, graduates of Illinois State University tion, owe him a debt of gratitude. but also from the standpoint of the se- Mr. Speaker, too often, we fail to realize the have traveled far beyond the borders of curity of knowing that, as a senior cit- importance of talented educators like David Illinois and have spread out around the izen, you have health care benefits, and Strand. Not only has Dr. Strand maintained country to become some of the best you do not have to go to your kids and the integrity and high academic standards for and the brightest in their respective have your kids take care of you, and the University, but in the classroom, as a Pro- fields. for that reason it has been an enor- fessor of Education, David has mentored As doctors, lawyers, educators, busi- mous success. countless young teachers—those men and ness professionals and civic leaders, There are 39 million elderly and dis- women who will, in kind, touch thousands these men and women have gone on to abled people in this country who are on more young lives. Those teachers, and their help shape the United States into the the Medicare program. We spent about students, will secure the future of our nation prosperous, peaceful and strong Nation $207 billion in 1997, and that is the last we are today. Dr. David Strand through far into the next century. This is, in part, due year we have good solid figures for; his years of service helped make this to the efforts of Dr. Strand. that is about 11 cents out of every Fed- happen, and for this we, as a Nation, As a community leader, David has made a eral dollar goes for taking care of sen- owe him a debt of gratitude. permanent mark on his community and our Mr. Speaker, too often we fail to re- state. He has worked with the public libraries, ior citizens in this country, and it alize the importance of talented edu- the community concert association and the amounts to about $1 and 5 of every dol- cators like Dr. Strand. Not only has Boy Scouts just to name a few. He has been lar spent on health care in this whole Dr. Strand maintained the integrity honored on many occasions by numerous or- country. Now let me put up the second one and high academic standards for the ganizations for his many community and pro- here. Part of the reason why we have so university, but as a classroom pro- fessional accomplishments. fessor, a professor of education, David Mr. Speaker, I am pleased to rise and rec- much discussion about Medicare is it is has mentored countless young teach- ognize David Strand for the contributions he such a big program. If we look at the ers, those men and women who will in has made to Illinois State University and the Federal budget, and we can do a short kind touch thousands of other young Bloomington/Normal community. David Strand, budget course here, the biggest ele- lives. Those teachers and their stu- is indeed, an administrator, educator, and cit- ment of our budget is Social Security dents will secure the future of our Na- izen that we as a nation, can, and should, with which takes 22 cents out of every dol- tion far into the next century, this in one voice, say ‘‘thank you.’’ lar. Defense takes 15 cents out of every part due to the efforts of Dr. Strand. Mr. Speaker, I requested that this statement dollar, and then we come to the inter- As a community leader, David has be entered into the CONGRESSIONAL RECORD est on the debt which is 11 cents on made a permanent mark on his com- so that this, and future generations Americans every dollar, and Medicare, 11 cents out munity and our State. He has worked can be aware of the numerous contributions of of every dollar. So, Mr. Speaker, it is with the public libraries, the commu- a man I am honored to call ‘‘friend’’—Dr. the third largest or fourth largest ex- nity concert association and the Boy David Strand of Bloomington, Illinois. penditure in the Federal budget. We Scouts, just to name a few. He has been I wish Dr. Strand a happy, healthy and en- spend 6 percent on a program called honored on many occasions by numer- joyable retirement. Medicaid, which is a State program for ous organizations for his many commu- f poor people’s health, and all the rest of nity and professional accomplish- government is 35 percent. ments. MEDICARE So Medicare is an enormous program Mr. Speaker, I am pleased to rise and The SPEAKER pro tempore. Under that is used by, as I say, 39 million peo- recognize David Strand for the con- the Speaker’s announced policy of Jan- ple, both the elderly and the disabled. uary 6, 1999, the gentleman from Wash- tributions he has made to Illinois State b 1715 University and the Bloomington/Nor- ington (Mr. MCDERMOTT) is recognized mal community. David Strand is in- for 60 minutes as the designee of the You hear or read in the newspaper deed an administrator, an educator and minority leader. that Medicare is going to go broke, and citizen that we, as a Nation, can and Mr. MCDERMOTT. Mr. Speaker, I you say to yourself, well, how could a should with one voice say ‘‘Thank welcome this opportunity to talk today program that is that valuable to so you.’’ about Medicare. many people, spends that amount of Mr. Speaker, I enter this statement This is a program that we hear lots money, how could it possibly go broke? into the CONGRESSIONAL RECORD so this about in the news and in political cam- What is it about this program? and future generations of Americans paigns, and people talk about it as I want to explain it, because it is can be aware of the numerous contribu- though they all understood what they easy when you are watching television tions of a man I am honored to call a were talking about. I would like to and listening to people or reading the friend, Dr. David Strand of Bloom- talk a little bit about the program newspaper to not really understand ington, Illinois, and I wish Dr. Strand a today and then talk about what all the what Medicare is. Medicare is actually happy, healthy and enjoyable retire- excitement is about, what people are two programs. The first program is ment. talking about, why they are talking. Part A. Mr. Speaker, I rise today in honor of my The first thing that needs to be said Now, in 1965, the problem was that good friend, Dr. David Strand, to recognize his about Medicare is that it is a success. they looked out and they said, ‘‘Senior

VerDate Aug 31 2005 03:55 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 J:\ODA15\MISCRE~1\1999\H27AP9.REC H27AP9 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 27, 1999 CONGRESSIONAL RECORD — HOUSE H2341 citizens don’t have any hospitalization, going to pay for the health care of our that was about it for you. Then they so we ought to put together a program seniors in this country. developed the dialysis machine and for hospitalization for seniors.’’ So Looking at the last slide again, one then kidney transplants, and, as those Part A covers inpatient hospitaliza- of the ways in which we have dealt things developed over the course of tion, it covers skilled nursing facilities with this problem in the past has been time, they were added to the Medicare and it covers hospice care; and bene- to make adjustments in the Medicare program. So it has been a program that ficiaries, senior citizens, pay a deduct- program. We have made adjustments has been adjusted every year for years ible and then they pay a certain every year since 1965. and years and years, and has func- amount of cost-sharing. They pay 20 Every year a group of people called tioned very well. percent of the bill when it comes, when the trustees sit down and say, ‘‘What is It is not a generous program. It cer- they are in the hospital. the status of the trust fund, Part A?’’ tainly is not a program that does not Now, when they were passing this bill They will say, ‘‘Well, it is going to go have a problem here and there, but it through the House, it started out just broke in 2 years,’’ or, ‘‘It is going to go has raised the life expectancy of our as Part A. As it went along, Members broke in 16 years,’’ or, ‘‘It is going to senior citizens. It has taken away their of the House said, ‘‘This is dumb. Why go broke in 5 years.’’ The Congress fear about their ability to pay for their are we passing a bill that will pay for then meets every year and makes health care. It has taken the pressure senior citizens to go into the hospital, changes. off their children. but do absolutely nothing for their doc- In 1987 we made a lot of changes. We Their children, people my age, my tor bills?’’ said one of the things we are going to mother is 89 and she is on this pro- So somebody said, well, ‘‘Let’s add do to take the pressure off of Part A is gram. My father, 93, just died a few Part B.’’ Part B includes the physi- move home health care from the pay- months ago. People like me, when I cian’s cost, that is the doctor’s pay- roll tax part over on to the general had to choose, shall I take care of my ment, the laboratory costs, x-rays, out- fund of the United States Government, mother and father or put my kids patient services, mental health serv- the General Treasury. We have done through college, I did not have to make ices, and Part B is paid for from the that many times in the past. that choice, because Medicare took beneficiaries. Senior citizens pay a pre- Medicare does some other things care of my mother and father, and I mium. Every senior pays $45.50 a which do not show on this chart be- could pay attention to my kids. Medi- month as part of their cost, and then cause they are not related to senior care has simply wiped out the responsi- they also pay the cost-sharing of var- citizens directly. Since this is the bility for most of us to take care of our ious parts, 20 percent or whatever. major medical program of the Federal parents or our grandparents, because Now, here comes what the real prob- Government, anytime we want to do Medicare has been so successful over lem is: How do we pay for that? Well, of something for senior citizens in this the course of the years. course, the beneficiaries are paying country, or for health care generally, Now, the question comes, if there is a something, but most of what is paid in we had a tendency in the past, before I problem in Medicare, what should we by people, in Part A, 89 percent of the got here in 1988 at least, to stick the do? Should we try and modernize the money comes from payroll taxes. That program in here. present system and continue to guar- means everybody who is working is For instance, the financing of med- antee seniors what every senior citizen putting money into Part A. It is called ical schools, it is called Graduate Med- in this country has; that is, a list of a trust fund. ical Education, GME. We put that into benefits; or should we make a funda- Over the years with that trust fund, Medicare, and everybody who goes into mental restructuring, throw away the we increased the amount. Everybody a hospital has a certain amount of old system or ease it out the door, so- who is working pays 1.45 percent of their payment which is for the Grad- to-speak, and bring in a new one, either your earnings into the trust fund, and uate Medical Education. It pays for the for universal coverage or to a defined the employer pays 1.45 percent of your interns, the residents, all the medical contribution? salary into the trust fund. Those are staff in the hospital. These are two terms that anybody the payroll taxes that are on your stub. We have also a program in there for who is going to discuss Medicare really So senior citizens’ health care is being all the hospitals that take care of peo- ought to understand. A defined benefit paid for by the workers today. ple who do not have any health insur- says that everybody who has the pro- It used to be there were four or five ance. If someone in this country is gram, every senior citizen, whether workers for every senior citizen. In the sick, they pick them up, they take they live in South Carolina or Texas or future it is going to get down to the them to the hospital. The hospital can- Washington State or New York, every- point where there are about two people not say, ‘‘No, we are not going to take body gets the same benefits. It does not working for every senior citizen draw- care of you, take them out and leave make any difference where you are. ing benefits out of this program. So them in the parking lot.’’ They have a This is an American plan. It says we when people say that the Medicare is responsibility to take care of them, so are going to be fair to everybody; no going broke, they are saying that there they take care of them. Then where do matter who you are, where you live, are not going to be enough workers they get the money to pay for that? what you look like, how much money paying payroll taxes to pay for the ben- Well, the money to pay for that comes you have, whatever, you are going to efits for hospitalization. It is only that out of something called DISH pay- get the same plan. That is why Medi- part, Part A of Medicare, that is going ments. It is the disproportionate share care has been so successful and has so broke or is not going to have enough of people who do not have insurance. much popular support for it, because money. So we put that program in. people understand it is a fair program Now, on the other side, on Part B, on We have loaded up Part A with all that covers everyone. this side you remember I said every- these kinds of programs to make sure Now, if you are going to make a re- body pays a $45.50 premium, so about 22 that we took care of what was a major structuring and you are going to in any percent of Part B is paid by the pre- medical need for the entire country. In way take away that defined benefit and miums, by senior citizens themselves. this country, for instance, if you have replace it with simply a defined con- They pay for it. Then 76 percent of it your kidneys fail and you need to have tribution, that is, then instead of guar- comes out of the Treasury of the dialysis or a kidney transplant, you are anteeing people that they are going to United States. put right into this program. Everybody get all the things that they presently Now, nobody can tell me that the in this country who has kidney prob- get, you say to them, here is a voucher, Treasury of the United States, the lems or kidney failure ultimately here is X number of dollars, you take richest country on the face of the winds up in Medicare. that money and go out and buy your- Earth, is going to go broke. So when We have about 100,000 people who are self a plan. people talk about Medicare going covered by this program. If the pro- Now, I sat on the Medicare Commis- broke, they are talking only about this gram did not exist, they would have sion for the last year, and what we part and not about Part B, because this died. When I came out of medical talked about for that year was some- part is not. There is no way we are not school in 1963, if your kidneys failed, thing called a premium support plan. I

VerDate Aug 31 2005 03:55 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 J:\ODA15\MISCRE~1\1999\H27AP9.REC H27AP9 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS H2342 CONGRESSIONAL RECORD — HOUSE April 27, 1999 want to talk a little bit about that, but The problem is we now see a lot of the work. I think some people on the other I see my good friend the gentleman health maintenance organizations, side maybe have forgotten that, that from Texas (Mr. GREEN) is here, and HMOs, withdrawing from the market the reason that we have Medicare is be- the gentleman has some ideas. Tell me because they got in and thought they cause one cannot use the free market what you are thinking about. would make more money. I thought system. Mr. GREEN of Texas. Mr. Speaker, I they were making plenty. If I was in the insurance business, I appreciate the chance to speak this would not want to sell to a senior cit- b 1730 evening. I thank the gentleman for not izen. They are going to have a lot of only his service on that Medicare Com- But they thought they would make claims; they are elderly. We cannot mission, but also for tonight, for this more money, so they are drawing from make that kind of money unless we special order and some of the informa- certain portions of the market, rural have a Medicare-type program. So tion you are imparting. I hope there areas; not necessarily from Houston again, I thank the gentleman for his are a lot of people out there listening, where I am from, but I know it is hap- service on this commission, but also and those of us still in our offices will pening in other parts of Texas. for this evening and this afternoon for know, because what you are talking We did a study in the district I rep- requesting this time to talk about it. about with the difference in the defined resent on prescription medication and Mr. MCDERMOTT. Mr. Speaker, one benefit plan versus defined contribu- the almost double and sometimes tri- of the interesting things the gentleman tion was really one of the cutting edges ple the cost of prescriptions for senior is talking about is how much money on which you were talking about as a citizens. I know when the gentleman senior citizens pay out-of-pocket. The member of the Medicare Commission. was on the commission, that was one of average senior citizen spends $2,500 I know you talked about it earlier, the things that the commission mem- out-of-pocket. but protecting Medicare should be on bers agonized over and said well, if we Now, if we think about that, $2,500, the top of not just the Democratic are going to reform Medicare, let us see that is a lot of money, but for those of agenda, but all our agendas. Ninety- if we can expand fee-for-service Medi- us who are working it may not seem nine percent of our seniors are relying care, where one does not make a deci- like very much. But if we think about on this program for some type of med- sion to go to managed care just be- it, almost half the seniors in this coun- ical assistance. You talked about some cause someone needs the help, to have try have incomes less than $15,000, and success we had. Over 39 million elderly a copay on prescription drugs. That is there are almost 10 million widows in and disabled Americans, 35 million el- pending legislation, and I hope Con- this country who live on less than derly and 5 million disabled, receive gress will consider it when we are deal- $8,000 a year. So if someone is a widow Medicare. Before Medicare, almost half ing with Medicare. and their husband had a job, and they of the elderly were uninsured. I use an example, and I have said this were living on Social Security and the That was the fault of the market. No thousands of times in my own district. husband died and they get the residual one could afford what the private sec- My dad is 83 years old. I did not know benefit, that person is therefore mak- tor wanted to charge a senior citizen his father. His father died before I was ing about $8,000; if that person has to for insurance. People could not afford born. That was during World War II. take $2,500 out-of-pocket today, that it. That is why Medicare was created, My dad, though, his success is because leaves that person with $5,500 to live and that is why it is so important that he has had adequate health care since on. we talk about the policy debate like he has retired, since he has been 65, and Now, if we think it about, how in the you are mentioning and we talk about so we are seeing that longevity individ- world, I do not know what it is like in how important the Medicare program ually and as a group, as I mentioned. the gentleman’s city, but I will tell my is, because, to me, it ranks right up So that is what the benefits of Medi- colleagues in my city $5,500 does not go there with defense of the country, the care are, and that is why it is so impor- very far when one has to get a house to Social Security system, education of tant. That is why I wanted to see the live in and some food and pay for lights our children and Medicare for our sen- commission successful. But I did not and telephone and maybe some clothes. ior citizens. want to see it successful with what I So we are talking about a very hard It has been so successful. The life ex- would see would take away Medicare life for these people if we say we are pectancy of people over 65 has in- from the guarantee that we have. It going to have to get more money out of creased over 20 percent, from 79 to 82 does not pay for everything; the gen- them, which is what really this pre- years in such a short time. Access to tleman and I know that. Prescription mium support program does. care has increased by one-third. Sen- drugs is a great example; glasses. It Mr. Speaker, two-thirds of the sav- iors are seeing doctors almost 30 per- does not pay for everything. I saw a ings from the Breaux-Thomas proposal cent more than they did before Medi- bill that my mother-in-law receives was additional money taken from the care. Poverty has declined, because, from a physician and there are things beneficiaries. We are talking about half again, we have a program that they do that Medicare does not pay for. She has the senior citizens living on less than not have to spend themselves poor to to pay for that. We understand, though, $15,000 a year. have health care. There are seniors that it pays for so much and it pays for So that is why it is very important to who have very little income who can- so much security for seniors to go to talk about who senior citizens really not afford the high cost of medical as- the doctor. are, as though somehow we get the idea sistance, if it was not for Medicare. That is why I am proud to be with that they have this free ride on health The program is critical for those who the gentleman tonight, and the gentle- care and they are just rolling in dough face disability, as I mentioned. The man’s explanation of the defined ben- somewhere, that is not true. The facts gentleman talked about the dialysis, efit versus defined contribution. That simply are not there, particularly when the kidney failure, the success we are is where the rubber meets the road, be- Medicare does not cover prescription having now under Medicare if you have cause in a district like I represent that drugs. Anybody who looks at our pro- kidney failure. At one time you were is predominantly blue collar, they do gram, or the program of most employ- just sent home to die. Now you can ac- not have that kind of income. Of ers covers prescription drugs, but Medi- tually live with dialysis that is avail- course, I do not see how many people care does not. That is why the Presi- able through Medicare. could afford, if we disregarded or elimi- dent said, that is one of the benefits We search for ways to protect the fu- nated Medicare right now, they could that ought to be added. If we are going ture of the program. It is estimated not go to the market and buy insur- to modernize the current system the that approximately 35 percent of Medi- ance. An actuary would say, if I am 67 way we do it, at least we have to put in care beneficiaries have no prescription years old, how much do you think they prescription drugs. drug benefit. I know a lot of people in would want per month from me, $3,000 So I appreciate the gentleman com- my district have joined Medicare HMOs a month? How many people can afford ing down. simply because that is what they need- that? The free market system is not I see another one of my colleagues, ed. They needed some type of prescrip- available for Medicare recipients, for the gentleman from New Jersey (Mr. tion drug benefit, so they joined HMOs. senior citizens, because it just cannot PALLONE).

VerDate Aug 31 2005 03:55 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00036 Fmt 7634 Sfmt 0634 J:\ODA15\MISCRE~1\1999\H27AP9.REC H27AP9 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 27, 1999 CONGRESSIONAL RECORD — HOUSE H2343 Mr. PALLONE. Mr. Speaker, I just may sound good to some people saying money for the Federal Government, wanted to thank the gentleman again well, if one has a little bit more money, but it is not a good idea for senior citi- for all that he has done to try to shore maybe one can pay more. I see Medi- zens. up and, as the gentleman says, make care as sort of like a contract, sort of Mr. MCDERMOTT. Mr. Speaker, the the case as to why we have to mod- like Social Security. People knew that gentleman from New Jersey raises an ernize Medicare. I know that the gen- they were going to get Medicare by interesting question. The Breaux- tleman served for a few years on this paying into the system over the years, Thomas plan, when they figured out Medicare commission. I want to com- and it does not seem fair to me now to the finances of it in the Medicare Com- mend the gentleman because the gen- say at this stage well, okay, if you are mission, only extended the life of the tleman refused to accept this Breaux- above a certain income you have to pay plan 2 years. The President, when he Thomas proposal. I know we are hear- more, maybe to the point where you do said we should put 15 percent of the ing that it has been introduced in the not get Medicare coverage at all and surplus into the Medicare program, ex- House and there is an effort to try to you have to pay completely out-of- tended the life of the plan by 10 years. push it here in the House of Represent- pocket. So the savings from this so-called de- atives, but I am glad that the gen- The other thing I wanted to say, and fined contribution program, premium tleman and enough of the other mem- I am so glad that my colleague from support, are really quite small, and the bers of the commission voted against Washington got into this, and that is disruption is I think what people really that, because otherwise it would have that this Breaux-Thomas proposal, do not understand. had the sort of stamp of approval, if when we listen to some of the advo- Mr. PALLONE. Mr. Speaker, the gen- you will, of the Medicare Commission, cates for it, they make it sound so tleman makes a very good point, and and it did not because it is not a good rosy, like it is such a great thing; it is that is, again I use the term baloney, idea. going to save money for the Federal because the advocates of this Breaux- I totally agree with what the gen- Government. One is still going to get Thomas plan are saying to us that it is tleman said about modernizing the cur- the same benefits, the costs out-of- going to save the Federal Government pocket are not going to go up. It is a rent system. When I talk to seniors and money, and I do not even believe it is to people who have been involved in lot of baloney. The way I have looked at this thing, going to do that, ultimately. I think Medicare over the years, they explain and I know we have talked about it be- the gentleman makes a very good to me, and the gentleman might want fore, the gentleman and I and others on point. I am very supportive of the idea of to comment on this as well, that when our side of the aisle, just the opposite Medicare started out, prescription is true. The way I understand it, there using the surplus, 15 percent I guess is drugs and some of the other things that will not be a defined benefit package, what the President has proposed, to are not covered really were not that so it will not be clear at any given shore up the Medicare program. I know important. In other words, there were point that certain types of things that that is one thing that the Repub- not as many drugs available, people did would be covered, including prescrip- lican leadership has absolutely refused not rely on drugs so much; they were tion drugs. In addition, if one is in a to accept, that they would use that 15 not so much a part of sort of the pre- fee-for-service plan, which most people percent of the surplus. ventive nature that they are today. It like, where they basically can go to Mr. MCDERMOTT. Mr. Speaker, they did not exist maybe 30-some years ago any doctor they want or they can go to never even gave us the figures on the or when Medicare first started in the whatever hospital they want or what- Medicare Commission. We said, let us 1960s. The reason we need to modernize ever emergency room, and the doctors figure what impact would this have on is because there were a lot of things just get paid out of Medicare, well, the program, if we adopted the Presi- that were not covered when the pro- what they are going to do with this dent’s proposal of taking 15 percent of gram started, like prescription drugs, Breaux-Thomas proposal is say that if the surplus over the next few years and that now have taken on vast impor- one is in a fee-for-service program, one putting it into Medicare, and they tance. Therefore, we need to look at is going to get a voucher and the Fed- would never have the staff even figure the system again to try to come up and eral Government is only going to pay a it out, because they were determined see what is not covered. certain amount. If the fee-for-service to move away from the present system One of the things that I hear from program, the premium for that pro- and go to this premium support system my senior citizen constituents so often gram is above whatever the amount is where they just simply handed vouch- is that most of them, or at least most that is established by whoever is in ers to everybody and then they have to of the ones that contact me, do buy charge of this program in Washington, make up the difference. some kind of Medigap coverage because if one’s fee-for-service plan is more If we think about old people and we of the gaps in the coverage in the cur- than that, one is going to have to pay say well, if they have a voucher and rent system. But the Medigap policies that difference out-of-pocket, so costs they cannot buy what they need be- and the premiums for those are also are going to go up for anybody who is cause of where they live is a high-cost going up significantly. in a fee-for-service program. What that area, where do they get the extra I saw some information about the in- means is unless one is a little wealthi- money? If they cannot take it out of creased premium costs for Medigap in er, one is going to have to be pushed their own pocket, they turn to their the New York-New Jersey metropoli- into managed care because one will not children or they do without. tan area. They were much higher than be able to pay and afford the tradi- Mr. PALLONE. Exactly, Mr. Speak- inflation, significantly; sometimes 13, tional fee-for-service program; one is er. 14 percent increases on an annual base. going to have to opt for a managed Mr. MCDERMOTT. That should not So we do need to modernize. But what care plan. be the result of what we do when we re- the gentleman is pointing out and what A lot of people around the country, if form Medicare, is wind up with senior I think is most important is let us they are in rural areas or in certain citizens being forced to either turn to modernize in a way that expands the parts of the country, they do not have their kids or do without, because not benefit package, add prescription managed care plans, number one. In ad- everyone has kids. My mother has four drugs, try to be conscious of the costs dition to that, many of my constitu- kids. We all live in Seattle. Everybody that so many seniors are incurring out- ents are not happy with their HMO or has a job, everybody is working. So my of-pocket. managed care. Many of the HMOs in mother would be able to turn to us and I just want to say that some of the New Jersey have actually dropped out we would gladly give her some extra things that some of our colleagues on of Medicare and dropped the coverage, money, but not everybody has four the other side have put forth, and I am and seniors have been left where they kids who are working, who can give not saying they are all that way, but have to look around and try to find them money. Or they may have four some of the things that I have heard some other coverage because the HMOs kids who are working, but they are try- about increasing the age limit before have gone bankrupt. ing to help their kid go to community one is eligible for Medicare, or means So pushing everybody into managed college or whatever, and they do not testing. Mr. Speaker, means testing care may sound like a good idea to save have it to spare. So the middle class,

VerDate Aug 31 2005 03:55 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 J:\ODA15\MISCRE~1\1999\H27AP9.REC H27AP9 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS H2344 CONGRESSIONAL RECORD — HOUSE April 27, 1999 the middle age person is going to wind cost, efficient delivery system, effec- Mr. MCDERMOTT. Yes. up saying to themselves, should I help tive system for health care, had a high Mr. MINGE. I am impressed with the mother or should I help my kid? monthly average rate that seniors were gentleman’s knowledge of geography. Mr. PALLONE. Which is a terrible paying for health care, and they were Actually, the community of Windom, situation to be in, Mr. Speaker. then offered the opportunity to go into Minnesota, is both in my district and What I see happening with this a managed care program where the where I have had a district office for Breaux-Thomas proposal, and I think companies had this high, they call it over 6 years, and it is one of these com- also what the gentleman is trying to do AAPCC rate, as I understand it. munities that has an excellent hos- when he says modernize the current Mr. MCDERMOTT. It is part of alpha- pital, it has doctors who are well- system is just the opposite, which is bet soup. It stands for average annual trained and provide first-class health that we do not want Medicare, which is per capita cost of health care. care service, but at the same time the a promise that if one is going to be 65 Mr. MINGE. Average annual per cap- seniors in a community like that are and one is going to be a senior citizen, ita cost. And one thing I know that the unable, due to the current inequities in that one is going to have their health gentleman and I have discussed several the system, of having the same level of insurance covered, we do not want it to times is that over the years this dis- benefits that seniors have let’s say in become a system now where certain crepancy between what we experienced Arizona. people get the benefits now and others certainly in some of the rural areas in One reason that this has been par- do not, depending upon their income, the State of Washington and what was ticularly harsh and difficult for many or that the age goes up. We want to experienced in other areas of this coun- of us to accept or to understand is that make sure that the promise is kept, try became quite unfair. if our more affluent senior citizens that when one is over 65, that one is I understand that in some areas of have the wherewithal to go to Florida going to be a part of this program, that this country the managed care pro- or Arizona for the winter, they can be- it is going to be a universal program grams that seniors enrolled in would come members of a managed care pro- that benefits everyone equally. cover prescription drugs, eyeglasses, gram and have all of these benefits hearing aids, even the cost of transpor- that their less prosperous brethren who b 1745 tation to the doctors’ office. In our have to stay in Minnesota for that cold I think when the gentleman sug- areas, we did not have that. winter are not able to obtain. gested that he wants to modernize it, I am wondering, did the Breaux- So there is just a real disconnect he is concerned that already over the Thomas Commission really look at this when we think of trying to reform a last 20 or 30 years that some of that has fundamental inequity that we have health care system and somehow not sort of disappeared, because certain tried to end in the Medicare program, being sensitive to the inequities of that benefits are not covered or we have to and did they have a way to end it? If type. I really commend my colleague, the take more money out of pocket. they did not, is that not something gentleman from Washington, for his As the gentleman says, let us move that really the Commission should work on the Commission. I know he in the opposite direction. Let us not have undertaken? came to Minnesota as part of the Com- move, as the Breaux-Thomas bill says, Mr. MCDERMOTT. As we see, I say to towards making even greater discrep- the gentleman from Minnesota, this is mission activities, and I would cer- ancies between rich or poor, or based exactly the point. They did not have tainly, with the gentleman, like to see a Medicare reform program both advo- on age, but let us try to make it so we any reason to look at it. They did not cated by the Commission and embraced modernize the system and everybody care. They said, we are going to give a here by Congress, so we could chalk it gets the same coverage, and it is uni- defined contribution. We are going to up as one of the challenges that is on versal. I thank the gentleman. give the same amount of money to ev- our plate that we really have a respon- Mr. MCDERMOTT. Mr. Speaker, I see erybody in the country. If they can buy sibility to address. I thank the gen- our colleague, the gentleman from a lot of things in one place with it, tleman for yielding to me. Minnesota, is here, and I will bet I they can get prescription drugs and Mr. MCDERMOTT. The gentleman is know what he is going to talk about. eyeglasses, that is fine. Wonderful. If welcome. I think that it is—I appre- He comes from an area where some of over here they cannot, well, that is the ciate the gentleman’s coming down and the problems we have already been luck. If someone happens to live in a sharing his thoughts with us today, talking about have really impacted. It poor county, we do not care. and I think that what people have to is an area where the payments are not That is what is wrong with the de- begin to look at is the specifics. high enough for managed care to go in. fined contribution. That is why we When somebody says premium sup- He also has larger rural areas where have to stay with a defined benefit. We port is a good idea, that sounds as if, as there are not managed care programs. should define a program where if we the gentleman says, it is a very attrac- Am I close to being right, I would ask are going to give prescription drug pay- tive idea. Everybody gets the same the gentleman? I yield to the gen- ments, it should not make any dif- amount of money all over the country. tleman from Minnesota (Mr. MINGE). ference where one lives in Windom, But as we know around here, the devil Mr. MINGE. Mr. Speaker, I thank the Minnesota, or in Los Angeles, Cali- is always in the details, and the details gentleman for yielding. We share a fornia, or Miami, Florida, or New York of this program are, I think, the reason common concern. The State of Min- City, but someone should have the I wanted to come out here and talk nesota, like several other Midwestern same set of benefits, no matter where about it, because sometimes issues go States and the State of Washington, they are. Anything less than that is through the House of Representatives has had a relatively efficient low-cost not fair. and they are sort of like bumper strips: health care delivery system for many But the defined contribution just If we can make a good slogan, then we years. closes our eyes. It just says, I do not think we understand. But if we actu- When the Medicare program was cre- care. I do not see the differences. I am ally look at what this program does ated, I understand that they looked at giving you all the same amount of and what they are talking about, we the cost of health care for the average money, so what are you complaining realize that it is not so good. citizen or senior citizen in the county about? For instance, let me give one exam- in which the person resided and said, if Mr. MINGE. So it sounds like the dis- ple. A senior citizen in Part B, that is you would like to have a managed care crimination that we have suffered from the doctor’s part, the doctor payments, program, we will provide a sum of in our rural areas in the State of Wash- pays a $100 deductible. So if he goes to money monthly to the firm that is pro- ington would perhaps have just been the doctor the first time, whatever it viding managed care coverage for your flipped and we would have had dis- costs he has to pay it himself until he health care. crimination in the other direction, and gets the $100 deductible paid for, and So these areas of the Midwest or instead of solving a problem, we would then Medicare kicks in and covers the Washington started out at a relatively have created another problem of dis- rest of the time. low monthly rate, whereas other areas crimination among different areas of If he goes all year and never goes to of this country that did not have a low- this country. the hospital, all he would have to pay

VerDate Aug 31 2005 03:55 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00038 Fmt 7634 Sfmt 0634 J:\ODA15\MISCRE~1\1999\H27AP9.REC H27AP9 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 27, 1999 CONGRESSIONAL RECORD — HOUSE H2345 is that $100 deductible. Now, if he hap- when you go to the doctor. I went down keep people in the hospital. If one pens to get sick and goes in the hos- to the pharmacist, and I know him, and keeps somebody in the hospital, my fa- pital, the first day he is in the hospital he said to me, Jim, sit down. So I sat ther was 90 years old when he had his he has to pay for, $746. So if somebody down, and I said, why are you asking gallbladder taken out. When it was goes and sees the doctor during the me to sit down? taken out, he was sent home 3 days year and has 1 day in the hospital, He said, well, this prescription that later. is for 2 weeks, medication for your ear, their deductible for the whole year b 1800 would be $864. costs $385. Now, for most people $385 is Part of this defined contribution a lot of money, and if you are one of Now, there is my mother, she is 89 plan, this premium support idea is, these widows we are talking about, or years old, and she is supposed to take well, that is too much, $746. Let us cut the average senior citizen who lives on care of a 90-year-old man who has just it down to $400. That sounds like a good less than $15,000 in income, $385 is a lot had a major surgery. That is obviously idea until we figure if we never go into of money. not reasonable. the hospital, suddenly our deductible He said, people come in here all the So we have designed a system in this has gone from $100 to $400, because we time, and they will stand there and country of home health visits. We have are going to have to pay every penny of they will say, well, why do you not give visiting nurses who come into the our doctor’s bills until we get up to me half the prescription? Now, that home and see people, maybe once, $400. means what they are doing is going sometimes twice a day, to be sure that I do not think that is a very good home and taking half of the medica- the bandage is changed or that the deal for a lot of old people. It would be tion that has been prescribed for them. blood pressure is taken or whatever is a good deal if they wind up being sick If they do not get better, they wind up necessary to make it possible for some- and have to go into the hospital, but if having to go back to the doctor. And body to recuperate at home. If we did they do not, if they just go and see the the doctor says, did you take the medi- not do that, they would wind up back doctor, they are going to wind up pay- cation? They say, well, yes. But in fact in the hospital at $600 or $700 or $800 a ing $300 more. they are not telling the doctor that day. So there is a savings in putting Now, to figure what $300 is, that is they only took half of the prescription people out in their home. It is more about 10 bags of groceries, which, re- because that is all the money they had comfortable. It is more pleasant to be member, we are talking about old peo- in their bank account or in their pock- in our own home surroundings, but we ple who are living on $8,000 a year, and et or whatever, or they had to pay may need some additional help. we are saying they have to pay $300 their rent or something else with the Now, that program has been used all more in premiums. How can that be a money that they did have. over this country in different ways. In good deal? This kind of dilemma for senior citi- the State of Washington and the State That is why what I do not like about zens is absolutely unacceptable, and it of Minnesota the average number of the Breaux-Thomas program is that is why the President has taken the po- visits for any case is about 35 visits. In two-thirds of the new money comes out sition that in modernizing the system the State of Louisiana it is 170 visits. of the pockets of the beneficiaries. It as the President wants to do, first of Now, we may ask ourselves, well, what does not come from savings in effi- all, he wants to put 15 percent into the is different with people in Louisiana ciency in health care delivery, but program from the surplus, and sec- from people in Washington or Min- rather, it comes right straight out of ondly, he wants to have a prescription nesota? Well, the fact is that in those the beneficiaries. benefit. States where they have these long and Mr. MINGE. The gentleman has Now, my colleague, the gentleman large number of visits, they have been raised another point that I think is from New Jersey (Mr. PALLONE) raised using the program to keep people from certainly important for us to empha- the issue of how prescription drugs having to go into nursing homes. They size. That is, the gentleman talks have increased in usage in medicine. have been delivering long-term care in about groceries. I know that in talking When I got out of medical school in the home, using the Visiting Nurse with both physicians and with seniors 1963, which was a couple of years before Service. in my area, that often seniors are mak- Medicare started, usually when people So the Congress gets all excited that ing a choice between groceries and pre- went to the hospital they would stay 3, here is this cost going out of sight scription drugs. 4, 5, 6 days, and if you had a hernia or within home health care and they say, I hear this over and over. They are you had a baby or most anything, it well, we have to stop this. So what do amazed at the cost of prescription was not uncommon to stay in the hos- they do in this defined contribution drugs. They are struggling with how pital 3, 4, 5 days. program; one of the ways they save they can find the resources to pay for Today if you get to stay overnight money? They slap a 10 percent copay this, and often they feel that they have you have got something pretty serious, on anybody who has a visit at home. to make a decision, are they going to because most things are done in 1 or 2 Right now there is no copay for a home obtain those drugs which are necessary days in the hospital. In fact, the reason health care visit. for the maintenance of their health, or we passed a bill out here on the Floor What they are saying is, if the hos- are they going to short themselves on making it absolutely the doctor and pital throws someone out as quickly as the grocery side? the mother’s decision was that many of they can, gets them home, then we will Those are their two big sort of in- the HMOs had said that if a woman de- start taking 10 percent out of their flexible expenditures from the point of livered a baby at 8 o’clock in the morn- pocket rather than the government view of the larger public. Neither one is ing, she ought to go home at 6 o’clock paying for it. So what is happening really a flexible expenditure. I would at night with the baby under her arm. here in this defined contribution is like to join the gentleman in really She was not even given one night in that we are giving only so much and urging my colleagues to take up this the hospital. everything else comes out of the indi- question of prescription drugs and how That pushing people out of the hos- vidual’s pocket. And if that individual do we deal with it in the Medicare pro- pital has created two of the problems does not have it in their pocket, well, gram, and not see the program stumble that we are now struggling with in that is tough. And we are going to have on the financial side any further. It is Medicare. One is that prescription lots of people in this country who are really an enormous challenge, and I drugs, that is, people get pain medica- not going to have the capability to again would like to thank the gen- tion and they get a variety of drugs, take care of this additional cost to tleman for his work. and they are supposed to go home and them as individuals. Mr. McDERMOTT. I had an experi- take care of it, sort of medicating Now, the Congress passed some years ence myself with this whole issue of themselves. And the second thing is ago a bill to give people some help if prescription drugs. The gentleman re- that we wind up with lots of home they could not afford to pay the minds me of it. I had an ear problem, health care. deductibles. It is called SLIMBY. That and I went to see the doctor and he Mr. Speaker, the home health care is just another one of the alphabet soup gave me a prescription, as you get program is there because we do not names for a program for old people,

VerDate Aug 31 2005 03:55 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00039 Fmt 7634 Sfmt 0634 J:\ODA15\MISCRE~1\1999\H27AP9.REC H27AP9 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS H2346 CONGRESSIONAL RECORD — HOUSE April 27, 1999 who do not have enough money, can go Now, we can say to ourselves, yes, mocracy, we needed to have an edu- and get some help. But guess where that makes sense; why do we not do cated electorate, and so we have a sys- they put that program to make it easy that? Well, where do we want to put tem of schools. for old people? They put it down at the that? Do we want to say that every- Well, the same thing happened in the welfare office. They say to old people body who has $100,000 in income when 1930’s, when there was no money for that all they have to do is go down to they are 65, that they should buy their people to live on and there were a lot of the welfare office and ask for some own insurance? Well, $100,000 is a lot of old people who had no pensions. We help. money; right? They ought to be able to said we have to have a Social Security Now, old people have got pride. Old handle it. Well, maybe we are a little System, and Franklin Delano Roo- people have worked hard all their life, short on dough here in the Congress so sevelt came in this room and said, we they have taken care of themselves, we lower the means test down to, say, ought to have everybody have an ac- they have paid their bills, they have 75,000; and the next year we are a little count, and so everybody has a number. raised their kids, they have paid their short on money and we say, well, let us 000–00–0000 is my number. And every- taxes and, at the end of life, when they take it down to 50,000; and the next body has an account. We put in our cannot pay the deductibles on this pro- year we are a little shorter and we get money every month, and when we get gram, they have to go down to the wel- it lower. to be 65, there it is for us. fare office and ask for some help to pay The problem with the means test is None of us knows how rich or how for that. that what it does, it creates two groups poor we are going to be when we get to Now, I proposed in the Medicare of people in this country, those people be 65. We all hope that we will be very Commission something that I have who get the benefit and those people successful and be able to take care of been proposing before in the Com- who do not. I personally oppose a ourselves without that Social Security mittee on Ways and Means; that when means test. I think if we come into this money. But when we look at senior someone registers for Social Security, country and we pay our taxes and we citizens and realize that 50 percent of and their income is known at that participate to the best of our ability, senior citizens live on $15,000 or less, point, that when they are 65, if they do we ought to get the program. which is about the Social Security ben- not have enough income to pay those I feel the same way about Social Se- efit in this country, we realize that for deductibles, then they should be reg- curity. I do not care how much any- half the senior citizens, when they get istered immediately in the program for body has. If they paid into the Social to the end of life, that is all they have. help to pay for their deductibles. That Security system, they ought to get They did not know that when they was resisted in the commission. They their money out. They ought to get were 15 or 20 or 25 or 40 or whatever. left it down there in the welfare office. their fair share out. But they put their money in, and when And I know senior citizens in my dis- The reason is, and this is a principle they got there, they had it. trict who will not go down there be- of both Medicare and Social Security, The same is true about Medicare. cause it makes them feel ashamed of they are social insurance programs. That is why this is such an important themselves to have to go down and beg Just like our fire insurance we have in program. There is a fascinating fact at the welfare office. this country. We made the decision, I about this whole program which I So if we are going to modernize this think it was in 1759, in Philadelphia, to think really drives it home to me as a program and we are going to raise the have the first fire department. We said, physician, and I have seen it. We spend deductibles and so forth, we have to we cannot save our own homes, so let 70 percent of the money on 10 percent make it user friendly for senior citi- us all, all of us in Philadelphia, get of the people, 10 percent of the senior zens who are living on less than $15,000 ourselves together, get a horse and citizens in the Medicare program. And a year. We cannot expect them to say, wagon and some barrels, some water none of us knows whether we are going well, I think I will go down to the wel- and some ladders, and if a house to be a part of that 10 percent. That is fare office and get some help. catches on fire, we will go put it out. why we have to protect the Medicare We teach people in this country to be That is a social insurance system. program with a defined benefit for ev- independent, to take care of them- That is what fire insurance is. Nobody eryone. selves. We value that as a country. And wants to take advantage of that. No- f the people who we are talking about body says, well, gee, I hope my house right now are the people who lived catches on fire so I can get back some SOCIAL SECURITY REFORM IN THE through the Depression. They brought of the money that I have paid in in 106TH CONGRESS this country back from the Depression. taxes to the fire department or to my The SPEAKER pro tempore (Mr. They took us through the Second fire insurance plan. Nobody wants to HEFLEY). Under a previous order of the World War and they took us through get their money back, but we have it House, the gentleman from Minnesota the Korean War. Now we are saying to there so that if a disaster strikes us, (Mr. MINGE) is recognized for 5 min- them that they did not do enough then we have coverage. utes. and so we are going to make them go If anybody stood up on the floor of Mr. MINGE. Mr. Speaker, in the last and beg for some more help just be- the House here and said, I think if an week there have been some very dis- cause they do not have anything more individual’s house has not caught on turbing announcements about the sta- than their Social Security. fire in the last 5 years they should not tus of Social Security reform in the From my point of view that is not a have to have fire insurance or pay any 106th Congress, and I would like to ex- good system. And when we modernize taxes for a fire department, we would press my severe disappointment that it, we have to make this an automatic think they were crazy. We would think the majority leader in the Senate and benefit for people who are not capable they had lost their mind, because we possibly the Speaker of the House has of paying for it. know that nobody knows whose house backed away from a commitment that Now, there is an issue that the gen- is going to catch on fire and that is we ought to have here in Congress to tleman from New Jersey (Mr. PALLONE) why we have this social insurance fire make Social Security reform the num- raised, and that is this whole business policy in our pocket. ber one priority for the 106th Congress. of so-called means testing. ‘‘Means’’ Same thing is true about roads. We I do not think that there is a Member means how much money we have. When figured out we could not do roads by of this institution, nor are there many we say somebody is a person of ourselves, that we had to do them as a in this entire country, who is not ‘‘means’’, it means he has money. So national program. That is what Dwight aware of the importance of addressing what some people say about Medicare Eisenhower did back in the 1950’s, was the financial crisis that is looming for is that what we ought to do is put a to establish a national interstate sys- Social Security unless we take steps to means test. Everybody, let us say tem. And so we collect all the gasoline change the program and make it finan- above a certain point, should not get tax and we put it out there and we take cially secure for the foreseeable future. Medicare. They should just buy their care of the highways in this country. We can do this by modest changes own health insurance because they We do the same thing with schools. here in 1999–2000; changes that we could have enough money. We realized that in order to have a de- implement over several years. They

VerDate Aug 31 2005 03:55 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00040 Fmt 7634 Sfmt 0634 J:\ODA15\MISCRE~1\1999\H27AP9.REC H27AP9 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 27, 1999 CONGRESSIONAL RECORD — HOUSE H2347 would not be painful if they are imple- curity trust fund from any further Over 14,000 and possibly up to 20,000 mented in such a fashion and would raids. Americans, depending on whose statis- share the cost among a generation or We need to ensure, number one, that tics we use, last year lost their lives in more of Americans. But if we contin- Social Security reform move ahead our Nation as a result of drug-related ually postpone the reform effort, it will promptly; and number two, that we causes. This is an astronomical figure. become more expensive, more conten- protect the trust fund from any further And I have said on the House floor tious, and more of a crisis situation, use. since this President took office, ap- which will be inadequate and enor- f proximately 100,000 Americans, the mously controversial when it occurs. population of some of our larger cities ILLEGAL NARCOTICS AND I do not think it is right that we in in this country, have died at the hands SUBSTANCE ABUSE IN AMERICA Congress point our fingers to the White and through the use and abuse of ille- House and say the President has not The SPEAKER pro tempore (Mrs. gal narcotics and the tragedy that it provided enough leadership. We here in BONO). Under the Speaker’s announced has brought to their lives and to their Congress ought to be providing leader- policy of January 6, 1999, the gen- families. ship on our own. We should not do it tleman from Florida (Mr. MICA) is rec- So tonight I am back again, with for fear of criticism. Certainly that is ognized for 60 minutes as the designee that responsibility, seeking answers; why we are elected, to make some of the majority leader. and tonight I plan to focus a bit again tough decisions. And if by voting for Mr. MICA. Madam Speaker, my col- on the history of how we got into this and implementing Social Security re- leagues, I am pleased to come to the situation and review that. Because I form it is more difficult for us to be floor again tonight and will be coming think it is important that we learn elected the next time around, that too to the floor each and every week I get from the mistakes of the past, we learn is something that we should face up to. the opportunity to talk about a situa- from the mistakes of the Congress, we Tragically, there will always be an- tion that I think is our number one na- learn from the mistakes of this admin- other election. We never will reach the tional social problem, and that is the istration, we learn from the mistakes millennium, so to speak, when we have problem of illegal narcotics and sub- of this President and we try to improve a free shot at reforming Social Secu- stance abuse in our Nation. on what we are doing both in policy rity or something else without the con- In this Congress, as many of my col- and legislative action. troversy that accompanies the task. leagues know, I was assigned a respon- It is important, I think, also that we I would like to urge that the major- sibility to chair the Subcommittee on focus beyond the past at what we are ity leader and the Speaker work to- Criminal Justice, Drug Policy, and doing as a Congress now, what pro- gether with the minority leader in this Human Resources of the Committee on grams have been instituted. I will talk body and the minority leader in the Government Reform. about those briefly. Senate to appoint a bipartisan group to With that responsibility, I inherited And then I want to talk about an- come back to this body this summer a position that was really held by the other subject that fits into the ques- with a Social Security reform package. former chair of the national security tion of interdiction and stopping ille- It is certain to have elements in it that subcommittee on which I served, and gal narcotics in a cost-effective man- are not acceptable to one group or an- the chair of that subcommittee was the ner before they ever reach our shores other but, on the other hand, at least honorable gentleman from Illinois (Mr. so that we limit the shear quantity and we would be moving ahead. Such a bi- HASTERT), who is now Speaker of the supply of illegal hard narcotics coming partisan group ought to confer with House. into the United States of America. And the White House and attempt to de- I may say at this time that the gen- that subject will deal tonight with the velop a proposal that would have the tleman from Illinois (Mr. HASTERT) question of Panama and this adminis- support of the President. helped put back together our national tration’s failed negotiations, this ad- I do not think today is too late. I do effort to begin to address the problem ministration’s failed planning and this not think that the issue has somehow of drug abuse, illegal narcotics traf- administration’s complete lack of re- subsided. Yes, Kosovo has dominated ficking, and address in a very serious sponse to a situation that confronts us the news, but people throughout Amer- fashion for the first time since this ad- in the next few days. ica realize the importance of Social Se- ministration took office the problem of In fact, May 1 we must stop all curity reform. illegal narcotics that face our Nation flights from Panama and we are giving and our community. So I am pleased to up all of our assets in the Panama b 1815 inherit that responsibility. Canal. I want to talk about how that I would also like to emphasize that I am also troubled by that responsi- affects our ability to conduct and ad- as we begin consideration of supple- bility because the problem is so enor- vance surveillance, how it is going to mental appropriations bills for the mous. The scope of this problem, my cost the American taxpayers a huge Kosovo crisis that we keep in mind colleagues, goes beyond anything we sum of money to deal with the failed that our historic pattern of using the see on the nightly news. I know the at- negotiations again of this administra- Social Security surplus to pay for tention of the Nation and the Congress tion. other programs will probably end up and all Americans has been focused on Incidentally, I will be holding a hear- becoming a necessity in 1999. the tragedy in Colorado; and certainly ing next week on the Panama Canal Many of us on both sides of the aisle that was a tremendous human tragedy, situation as it relates to the narcotics have identified this as an abuse that we with a loss of some 15 precious lives. trafficking issue. But later in this can no longer tolerate. We ought to I know also, my colleagues, that the month I will be holding a hearing on stop it in 1999. It ought to end now. No attention of the Nation and the Con- the question of drug legalization. more borrowing from the Social Secu- gress is focused today and tonight and Since I have taken over as chair of rity trust fund for other Federal pro- will be this week on the situation in this subcommittee, I have received grams. Kosovo, in harm’s way. But my col- many requests to look at decrimi- The budget resolution that we have leagues, a very, very serious situation nalization, legalization, and other al- adopted makes that point clear. Unfor- faces this Congress, and that is what to ternatives to incarceration. And I tunately, it is for the year 2000. Let us do about the rising use of illegal nar- think that that subject deserves a re- implement it now in 1999. cotics, particularly among our young view by the Congress, a serious study, I have worked with my Republican people and among our population and an examination as to how we can colleague, the gentleman from Cali- across this Nation. better address this growing problem of fornia (Mr. HERGER), to propose that And it is not just a question of use. If the people who are affected through this practice be terminated. And I am there was not any damage, if there was the problems of trafficking or use of il- going to be meeting with him again not any result, people may very well legal narcotics. So those are some of and proposing that we take steps that turn their heads the other way and ig- the topics I plan to discuss tonight. would be effective to make sure that, nore the problem. But, my colleagues, I would like to go back to the situa- here in 1999, we protect this Social Se- the problem is absolutely enormous. tion for a minute. I hate to repeat this.

VerDate Aug 31 2005 03:55 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 J:\ODA15\MISCRE~1\1999\H27AP9.REC H27AP9 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS H2348 CONGRESSIONAL RECORD — HOUSE April 27, 1999 But I have to review how we got in this Our State has been flooded, particu- about the problems with Mexico, in ab- situation. I think history records it larly with heroin, and we have experi- solute frustration. We have given Mex- first, so the American people pay at- enced in central Florida and through- ico trade assistance. We have backed tention to it second. And thirdly, that out Florida record deaths weekly them from a financial standpoint in all we do not repeat these mistakes. through the use of heroin which is of the international financial agencies. The first thing that was done was by coming through that route. We have been a good ally. We have this administration and this President Moreover, we saw something happen opened up our border from a commer- was to in fact, basically, throw out the that should shake up every Member of cial standpoint. What we have gotten window all of the programs that had Congress and every citizen of this in return is a flood of drugs. Again a been instituted back in the 1980s, first country. The use of heroin by our teen policy of this administration has been by President Reagan and then by Presi- population from 1993 to 1997 jumped 875 to certify repeatedly Mexico and its of- dent Bush, to address a problem that percent, use by teens of a very hard ficials as fully cooperating in our effort we had with the cocaine epidemic and and deadly drug. to eradicate the production of illegal some hard drugs coming into the coun- What was different about some of the narcotics and the trafficking of illegal try at the beginning of the 1980s. narcotics that came into 1980, includ- narcotics. By any measure, Mexico has Many programs were put into place ing marijuana, heroin, cocaine, was failed to assist and fully cooperate as and cost-effective programs: interdic- that in those days and that decade we required under Federal law. But again tion, eradication of illegal narcotics at had a very low purity level. The heroin this administration repeatedly cer- their source in the country, interdic- that we have been seeing come into the tifies them, fails to hold their feet to tion as the drugs left that source coun- United States both from Mexico, from the fire. try, use of the military, use of other Colombia and transited through other This Congress requested Mexico, time United States assets to try to stop ille- areas is of incredible purity, sometimes and time again, to aid in some simple gal narcotics coming across into our 80, 90 percent pure. Cocaine has also in- request to curtail the drug trafficking. borders and increasing the supply of creased. And marijuana’s potency has First we asked for extradition of major hard drugs available. also increased. drug officials. Two years ago this Each of these programs in 1993, when So, particularly with heroin, we have month, this Congress passed a resolu- the President controlled, of course, the seen young people mixing it with alco- tion by a rather wide margin, and we White House as chief executive, had hol or some other substance or first- find that to date not really one major complete control and wide margins of time users getting a dose of these high drug trafficker who is a Mexican na- majorities in both the other body and proportions of purity and not recov- tional has been extradited from that the House of Representatives. country. We have asked Mexico to sign What took place, again, was an error ering, dying the most horrible deaths imaginable from their use and some- a maritime agreement so we could stop we should not repeat. The first thing some of the drugs that are transiting he did was to cut the drug czar’s office times experimentation and addiction to heroin. through the seas off the coast of Mex- and budget dramatically. The next ico and dealing with Mexican nation- thing, and I think one of the most dam- b 1830 als, and still they have not signed a aging things and something we are Madam Speaker, the cost of all this maritime agreement. We have asked really feeling the ravages of across our is absolutely astronomical. We are put- Mexican officials again to allow our Nation today, is our young people. ting together right now a bill that will DEA agents to protect themselves, ac- Our young people are smart, and be close to $18 billion. I might say that tually to increase the presence of our when our young people hear a leader of this new majority, the Republicans, the United States or someone who DEA. We have a very limited force again under the direction of the gen- wants to be leader of the United States down there working with Mexican offi- tleman from Illinois (Mr. HASTERT), to say it just does not matter, they can cials. Again these requests have been put together all the programs that do these things, something is wrong. denied. Radar to the south to keep This President appointed a surgeon were dismantled, again the cost-effec- drugs coming from Colombia and Pan- general, the highest health officer in tive programs of interdiction, close to ama, transiting through the isthmus the United States of America, to an the source, and first of all eradication and up through Central America, again important position of responsibility, at the source, very cost effectively. A almost no action. Joycelyn Elders, who came up with few millions of dollars do an incredible And then we have asked for enforce- this policy of just say maybe. amount of good there. ment of laws that the Mexicans have So we fail to have leadership from I use as an example what has taken passed and actions against illegal nar- the President. We fail to have leader- place in Peru and Bolivia in the last cotics traffickers in Mexico. What have ship from our chief executive medical couple of years. This new majority has we gotten in return? Our customs offi- officer of the Nation. And I think we worked with the leaders there, Presi- cials uncovered one of the most incred- are still suffering from that lack of di- dent Fujimori and President Hugo ible banking scandals in the Western rection, lack of message. Banzer of Bolivia. We have, in fact, Hemisphere. It involved Mexican offi- The message during the Reagan ad- dramatically decreased the production cials. This sting operation was con- ministration was very clear, ‘‘just say of cocaine from those countries. Unfor- ducted with full knowledge of the high- no.’’ It was very simple but it was very tunately, this administration has had a est Mexican officials. Unfortunately, direct, and even our young people un- policy of trying to stop any aid, assist- sometimes we cannot give them the en- derstood it. But this just say maybe ance, resources, helicopter, ammuni- tire story because corruption goes from and then cutting the programs that tion, anything to fight in the war on the bottom to the top in that country, were instituted, again under President drugs, to Colombia; and Colombia has but they were aware of what was going Reagan and President Bush, to cost-ef- now become the major producer of her- on. Did they fully cooperate as re- fectively stem the tide, the shear tide, oin entering the United States. And quired by our law to receive trade, aid, of illegal hard drugs coming into the also it was not in 1993 on the charts as financial benefits? No, in fact they Nation, these things were cast aside. any type of a producer of coca and is threatened to indict our United States The military was taken out of the now the largest coca and cocaine pro- customs officials who were involved in war on drugs. The Coast Guard’s budg- ducer in the world. that operation. et was cut dramatically, which pro- So the policy of this administration, Then if we look at the hard facts tects our borders. I know in Florida we in fact, has caused us to fail in a very about Mexico and what it has done in saw the Coast Guard budget dramati- important area, that is, Colombia, as a the last year to deserve, again, ex- cally cut around Puerto Rico. And that direct result of policies of this adminis- tended United States trade and aid directly affected Florida, the citizens tration. benefits and financial support, all the of Florida, because drug dealers started The second area where we are seeing things we give them, what have they using Puerto Rico, without that pro- actually the majority of hard drugs done? It is almost pitiful. The seizures tection, as an entry point for illegal transiting into the United States is of cocaine are dramatically down, over narcotics. Mexico. I have spoken many times 30 percent in Mexico last year. And

VerDate Aug 31 2005 03:55 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00042 Fmt 7634 Sfmt 0634 J:\ODA15\MISCRE~1\1999\H27AP9.REC H27AP9 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 27, 1999 CONGRESSIONAL RECORD — HOUSE H2349 hard heroin and opium, also dramatic vision or in your media. Both news- But the United States is about to turn decreases in seizures by Mexican offi- papers and other forms of media should over the keys and lower our flags on cials. The number of vessels that are have that proposal. our bases and facilities in Panama as seized has also decreased. We have seen I was concerned that our education part of the Panama Canal transfer. the takeover of the entire Baja Penin- effort was somewhat diminished in the By the end of this year, the United sula which is now raging with past era of this administration. I was States military will have returned narcoterrorists, 315 killed last year, concerned that during, again, their property consisting of about 70,000 some horrendous murders where they control of the Congress and also the acres, not to mention the improve- line up women and children and gun White House, that they did not pay ments thereupon, including one very them down in these drug wars; and the proper attention to what should be expensive canal, plus 5,600 buildings. Yucatan Peninsula where our Presi- done. I did propose, almost 4 years ago, These assets are estimated with a dent went to meet with President legislation that would require an in- value of $10 billion. So what President Zedillo of Mexico. Totally corrupt. The crease in public service announcements Carter started, President Clinton is fin- Governor, we were promised, of the Yu- paid for really by those that hold Fed- ishing with a bang, that we have in ne- catan Peninsula would be arrested, eral communications licenses. Each gotiations totally lost any rights, any would be confined the minute he left year if we look at it since 1990, those ability to have any presence in Pan- office. We were told that they were not folks have lessened their public com- ama. going to arrest him before he left office mitment, their public trust responsi- Now, that might not be a big prob- because Mexican law gives him immu- bility in my opinion, and should be lem, Mr. Speaker, but, in fact, all of nity and it is difficult to prosecute. So doing more rather than less. our forward-operating operations for they were going to go after this guy The White House proposed as an al- the war on drugs, for our international after, in fact, he left office. But our lat- ternative to spend a rather large surveillance over these areas I just de- est report is that he fled, the Governor amount of money. We ended up with a scribed of Colombia, Peru, Bolivia of the Yucatan Peninsula, in Quintana compromise. For every one of the $190 where these drugs are coming from, Roo, left several days before he left of- million that the Congress has appro- from sources, not to mention where fice. Some reports have him on an is- priated, we must have donated the they are being transited from, every land off of Cuba at this time. equivalent time or resources towards bit of our forward observation loca- So that is the kind of cooperation these public service announcements tions, every one of those and our abil- that we get really dirt kicked in our and this education effort. ity to launch reconnaissance flights face. And some people turned a blind That is a small part of everything we from there are ending this week, May eye to it because of the trade relation- have done. We have restored the cuts in 1. the Coast Guard, we have restored the ship. Some people do not want to upset b 1845 the Mexican Government. military’s involvement in the interdic- What was astounding was we re- tion effort. And most importantly and Again, it is incredible that the nego- cently held a hearing on this subject most cost-effectively, we are going tiations which the administration and and we will also be holding a hearing, back and making certain that the State Department and others said were I believe the week of the 11th of May source countries, Bolivia, Peru, Colom- coming along, were coming along, fell for the information of my colleagues, bia, Mr. Speaker, 99 percent of the co- on their face. It was not until we took on the situation in Mexico. But the caine comes from Bolivia, Peru and Co- a congressional delegation down there last hearing we held, we had testimony lombia that is entering the United several months ago to ask the status of another Customs agent who testified States. It is a no-brainer to use a few that we found out there were not even that 1 out of 4 major Mexican generals, dollars to stop these drugs at their interim agreements. one Mexican general was trying to source from getting into the United In the past few weeks the administra- launder $1.1 billion. Where does a Mexi- States and penetrating our borders. So tion has scurried and has managed to can general get $1.1 billion, I ask? we can do that very cost-effectively, put together several interim agree- So this is what we get in return. This those things. ments. Let me show you what we are is the policy of this administration. Again, the new majority has restored facing with this situation. Unfortunately it has created a disaster. those programs and getting the assets All of our operations have been lo- The disaster, as I said, will cost us over to Colombia so that the new President, cated, again, in surveillance on illegal $18 billion, direct costs that we will be in working with General Serrano, the narcotics production and trafficking funding in the next few months. head of their national police force and from Panama. To deal with this situa- The cost to the American society is others, that we can make a difference tion we had hoped that the administra- estimated at a quarter of a trillion dol- where those drugs are being produced tion would negotiate some agreements lars. Drug and substance abuse costs and at their source, again so cost-effec- with Panama to continue launching the taxpayers, the citizens, all Ameri- tively. these flights there, and we have con- cans, a quarter of a trillion dollars, I believe that it is important, as I ducted annually some 15,000 flights $250 billion in social costs when we add said tonight, that we also focus on the there. We had 10,000 troops; we are in all the lost wages, when we add in situation of those drugs that are com- down to 4,000 troops, and they will soon the welfare, the social payments, the ing in in huge quantities into the be out of that area and unable to con- cost of the criminal justice system, the United States, and what is happening duct these flights or these operations. incarceration, not to mention the to our efforts to curtail those nar- Now, in addition to losing the $10 bil- heartache and the deaths that have cotics, again, source country I think is lion in assets, the buildings, the canal been incurred by so many by this trag- so important, and interdiction before and a little bit of pride, what is abso- edy. they get to our borders. lutely incredible is the taxpayers are So I wanted to review and I will con- Something that has been brought to going to foot the bill to relocate these tinue to review the past errors of this my attention and I think should be on operations to a very big tune, and that administration. I do want to also say the radar screen of every Member of is going to be $80 to $100 million dollars that I think it is important that we as Congress and every citizen this week is on an interim basis. Madam Speaker, a new majority be responsive to the er- the date of May 1. I say May 1 is an im- this is so disorganized that they really rors that were made and correct them. portant date, because May 1 will be the do not know where they are going to I think we have done that. day that the United States of America house the folks who serve this country Last year we have added over $1 bil- will no longer be able to have any who are responsible for these flights. lion, and I think in very cost-effective flight operations in the Republic of But scary is if we look at this chart, areas, to increase education almost Panama or the Panama Canal or at any this chart shows the ability of our op- $200 million, and that program is now of our bases there. This really is the re- erations, our forward operations, to underway. That program requires pub- sult of an incredibly failed negotiation cover the areas. If we took 100 percent lic service announcements which you by this administration that most peo- as what we are covering right now for may or may not be seeing on your tele- ple have not paid much attention to. surveillance and observation, come the

VerDate Aug 31 2005 03:55 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00043 Fmt 7634 Sfmt 0634 J:\ODA15\MISCRE~1\1999\H27AP9.REC H27AP9 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS H2350 CONGRESSIONAL RECORD — HOUSE April 27, 1999 end of this week we may have just an Senate Foreign Relations Committee asset to the United States, 13 percent incredibly reduced capability even with on June 16, 1998, ‘My specific concern is of all the shipping, the international the interim agreements that are being that this company is controlled by the shipping and commerce, flows through signed with Aruba, and Curacao and communist Chinese. And they have vir- the canal, and it has an incredible Ecuador; we may at best some time in tually accomplished, without a single amount of trade that relies on the use May get up to 70 percent, and even shot being fired, a stronghold on the of the canal, and this again this Satur- after we spend the $100 million, we will Panama Canal, something which took day will be second turning over of the be lucky if we get to 80 percent. our country so many years to accom- canal and its properties to Panama and So, we have gotten ourselves kicked plish.’’’ That is one quote that I a prohibition against any further out of the Panama Canal, lost our as- thought that the Congress should have flights by the United States in our war sets that our taxpayers have helped on the record. on drugs. This, in fact, is going to contribute, again, buildings and re- Another observation that I found strain our Department of Defense’s sources there, and we have also gotten that I thought was interesting about ability to keep a watchful eye on drug our advance international narcotics what is taking place in Panama was shipments and transit routes and will Western Hemisphere forward surveil- really expressed by a Panamanian last really hurt our efforts in eradicating lance operations and all flight oper- year who was running for president, drugs at their source, which again is, I ations canceled. and there is an election in Panama believe, so cost effective. Most folks did not pay attention, but coming up. But this presidential can- Either more assets will be needed to several weeks ago we turned over the didate, and I will quote his comments provide the same relative level of cov- keys to our naval operations, and that and his concerns, and this is approxi- erage, or we are trying to do the same brings to mind something that I want mately a year ago: job with again a limited number of cov- to bring before the Congress, the A Panamanian presidential candidate erage areas, which I showed on the House, tonight, and that is my concern has asked the U.S. Justice Department chart, and we will greatly diminish our about what has taken place, and I to investigate China’s activities around ability to cover those areas that were learned that in a meeting with our offi- the canal and the possibility of a quid previously cost effective. They were cials and also with others who have pro quo between the Clinton adminis- covered by our bases out of the Pan- been involved in observing what is tration and the Asian Communist ama Canal and Panama Canal Zone, going on in Panama. power. and again the taxpayers are going to The situation in my estimation has ‘‘Concerned about possible executive the potential for a future disaster. This pick up the bill for this $100 million to branch complicity and China’s gate- relocate these operations which will administration allowed our naval keeper status at the Panama Canal, bases, former naval ports, of course to not be by any measures as effective, at Panamanian presidential candidate disappear, and the two ports in the least at the beginning on the short William Bright Marine,’’ and Marine is Panama Republic have now really been term will be somewhat disorganized, a dual U.S.-Panamanian citizen who turned over to others, and to describe because this administration again has was born and raised in the Canal Zone, what has taken place I want to read not completed any long term agree- I might add, but according to him, he from an article that Robert Morton, ments, only short term. wrote to the Justice Department on and I do not want to say this, I want And I am told that the next round of May 4 last year and said, ‘‘I have yet to someone else to say this; but let me expenses that we can expect, in addi- speak with one single American who is tell my colleagues what has taken tion to this $100 million expense, will not outraged at the fact that the Clin- place and quote from Robert Morton in be a tab for up to $200 million for re- an op-ed he did March 4, 1999: ton administration has allowed Com- pairs and for improvements in the Ec- ‘‘The Clintonesque government of munist China to obtain control of U.S. uador situation. Even the Ecuador Panama in effect sold Chinese rights to ports, U.S. basis, and functions of the agreement, which is an interim agree- two prime, American-built port facili- Panama Canal. They today, effectively ment, is only a short-term agreement, ties that flank the Canal Zone both to control access to the Panama Canal.’’ and we will face a serious problem be- the east and the west. The 50-year con- This agreement could not have hap- cause that government right now of tract awarded Balboa, on the Pacific pened without the consent of the Clin- Ecuador and that country is under- side, and Cristobal, on the Atlantic ton administration. The executive going some very difficult political and side, to a giant Hong Kong shipping branch has been copied by my cor- domestic turmoil. firm, Hutchison Whampoa, Ltd. By any respondence regarding communist It is sort of sad to think about it and analysis this company, headed by Li China dating back to 1996. They cannot reflect on it. President Bush about a Kashing, is an interesting operation.’’ claim ignorance. decade ago sent our troops into Pan- And he goes on to report ‘‘Hutchison And just one more word on this from ama, and why did he do that? To stop has worked closely with the China a retired Lieutenant General, Gordon drug trafficking, to stop the chief exec- Ocean Shipping Co.,’’ and that is Sumner, who also observed recently, utive of that country, General Noriega, COSCO, which we have heard about be- and let me quote his quote: in his tracks as he was charged with il- fore, and let me go on, on shipping ‘‘The deal grants a 2-year waiver of legal narcotics trafficking, money deals in Asia even before Hong Kong re- labor laws and veto rights over the use laundering and other offenses dealing verted to Beijing’s control in 1997. of abutting properties, in clear viola- again with the illicit drugs. Our troops COSCO, you may remember, is the tion of the Panama Canal Treaty.’’ A went in there, our troops fought, PLA, and the PLA,’’ is the Chinese Hutchison lawyer by the name of Hugo wounded, and others lost in that effort, Army, ‘‘PLA-controlled company that Torrijos was also the head of the port but we made an effort. We took that almost succeeded in gaining control of authority that awarded the contract. country back. the abandoned naval station in Long So these contracts have been let, Now that was the approach of the Beach, California,’’ and there was quite these ports are already lost, and I am previous administration to deal with a an uproar about that. told confidentially and I am also told corrupt chief of state and others who ‘‘Li Kashing has served on the board publicly that these tenders for control were responsible for, again, illegal nar- of directors of China International of these two ports were very corrupt cotics trafficking. Trust and Investment Corp., a PLA,’’ tenders and, in fact, also greased with again, Chinese Army, ‘‘affiliated giant Red Chinese influence. In fact, Red b 1900 run by Wang Jun whose name may ring Chinese influence in Panama is grow- a bell. Yes, the very same Wang Jun ing in many ways. Recently the Bank General Noriega still sits in jail in enjoyed coffee at the White House in of China extended a 15-year, $120 mil- the United States for those offenses. exchange for a modest donation to the lion loan to Panama at 3 percent inter- This is the policy of this administra- Clinton-Gore 1996 slush fund,’’ and let est to finance the government’s invest- tion: to fail in a negotiation to main- me continue here. ment program. tain any of the assets, to maintain any ‘‘As retired U.S. Navy Admiral So we have a situation where the of our locations or capability to launch Thomas H. Moorer testified before the Panama Canal, an important strategic a drug effort.

VerDate Aug 31 2005 03:55 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00044 Fmt 7634 Sfmt 0634 J:\ODA15\MISCRE~1\1999\H27AP9.REC H27AP9 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 27, 1999 CONGRESSIONAL RECORD — HOUSE H2351 What concerns me tonight, my col- again, all the evidence I see points to So as we focus on all the other prob- leagues, is we are looking at some po- the contrary. lems, we cannot forget, again, what I tential dramatic costs and disaster for Let me just, as I may in closing, consider is the major problem facing the future. One of the things that the comment on what I have learned about the Congress and this Nation, the so- United States did when they went into the question of tough enforcement cial problem. I do feel confident about Panama was to really help dissolve the versus legalization. I have here a chart, learning from the past, as I said, not military organization which was cor- and I will put it up here for a few min- making the mistakes of the past, put- rupt, which was the tool of General utes, and it is narcotics arrest index ting our money on programs that work, Noriega, and also involved in some of crime comparison for New York City. that are cost effective, looking at some this illegal and corrupt activity. This chart dramatically shows as the alternatives. And I welcome those sug- We have in fact dismantled most of numbers of arrests for narcotics of- gestions from my colleagues and others the military in Panama, leaving them fenses increased, that in fact the inci- that are interested in this subject so with a weak national police force. dence of crime dramatically was re- that we can do a better job for all What concerns me is that Panama has duced. This is pretty dramatic, and it Americans, and particularly for young had on its border and within its border covers the period from 1993 to 1998 Americans who are the biggest victims the FARC organization and a Marxist under the regime of Mayor Giuliani. So today of this epidemic facing our land. rebel group which are conducting oper- when drug arrests are enforced and exe- Madam Speaker, I thank you for the ations, both from Panama now and also cuted, in fact crime goes down. The opportunity to address the House to- in Colombia. As they see the oppor- proof is in this chart and in these sta- night to talk about the subject of ille- tunity for corruption to take hold, as tistics, and I think is not refutable. gal narcotics and drug abuse. I would like to compare that. I got we lose control of any assets, any mili- f tary presence in the Canal Zone, I this chart from Tom Constantine, who think we are creating a vacuum, and I is the United States Drug Enforcement CHANGING U.S. POLICY ON CUBA think some of these rebels from the Administrator. He looked at New York The SPEAKER pro tempore (Mrs. south, again, will move further into and saw a dramatic decrease in crime BONO). Under the Speaker’s announced Panama and create a very unstable sit- in that city. Then, by comparison, he policy of January 6, 1999, the gen- looked for a city which had a more lib- uation. tleman from Florida (Mr. DIAZ- So we may be back in Panama at eralized philosophy and tolerance of BALART) is recognized for 60 minutes. great cost, at great sacrifice, in the fu- drug use and programs to provide alter- Mr. DIAZ-BALART. Madam Speaker, ture, but it is in fact the failed negotia- native substances to drug users. distinguished colleagues, as I grieved A great example, of course, is Balti- tions, again, that have gotten us into along with the rest of America this last more. Baltimore in 1950 had a popu- this situation, into this cost and into Sunday, this weekend, about the sense- lation of 949,000, and it had an addict this potential for future activity by less bloodshed, the condemnable vio- population of 300. In 1996 it had a popu- these Marxist guerrillas who are al- lence against innocent victims last lation which was reduced down to ready located in Panama and, I think, week in Littleton, Colorado, and my 675,000. It had 38,985 heroin addicts. Ab- heart goes out to the victims and their again will take advantage of this. solutely startling statistics. Again, a Panama has always been a major families, I was reading some news re- policy of liberalization, not the tough narcotics route and it always will be ports from various wire services. I enforcement. New York’s statistics are because of its location as an isthmus noted two news reports that I placed absolutely dramatic, not only the and as a route linking South America copies of in my files. crime index that I showed you, but the and Central America and North Amer- One was titled ‘‘Portugal Concerned loss of lives. Young People Will Forget Coup of ica. Again, I believe that we are going Let me, if I may, put up as a final ex- to pay a very high price in the future hibit this chart that shows the num- 1974.’’ It is an Associated Press wire. ‘‘Bloodless Action Toppled Dictator, by the decline of our ability to conduct bers of murders in New York City in Brought Democracy. Lisbon, Portugal. advanced surveillance operations from 1993; nearly 2,000, 1,927. In 1998, I believe The coup was swift, bloodless and effec- the location we have had. it is a 70 percent reduction, 629. Panama historically has had a noto- Therefore, I think that the question tive, so smooth and neat that as Por- riously corrupt political class, and, of legalization will be interesting. The tugal marks the 25th anniversary of again, we are faced with only a small question of decriminalization will be the Army coup that brought it democ- police force to deal with this impend- interesting. I think we do need to look racy, some citizens fear it is at risk of ing situation with the departure of the at some other ways rather than incar- being forgotten. An older generation United States forces. Both the country ceration for so many individuals who that lived under dictator Antonio de and the canal, in my estimation, are in have ended up in our jails and prisons, Oliveira Salazar’s heavy hand, proudly danger, and we are about to turn over nearly 2 million Americans at this recalls the courage of the dissidents this entire operation at great cost and point. But the facts are, my colleagues, and the outpouring of joy when dis- great loss to the taxpayer. We will hear that tough enforcement does work. gruntled Army officers led the coup more about this in the hearing that we Madam Speaker, tonight I have had that toppled the dictatorship.’’ will be conducting next week as that the opportunity to again raise before The article went on, ‘‘The coup paved action takes place on May 1. the Congress and the House what I the way for the country, Portugal, to I also want to just talk briefly to- think is our biggest social problem fac- join the European Union in 1986, a com- night about the national debate that is ing this Nation, 14,000 to 20,000 drug-re- ing of age that accelerated the pace of raging on the question of use of illegal lated deaths last year across our land, change as development funds poured in narcotics in this country. I said earlier, hundreds of them across the district and Portugal scrambled to make up for as chairman I have pledged to hold a that I represent, with heroin, just trag- lost time. Portugal crammed into 10 hearing and will do that, I hope, later ic deaths, cocaine and other hard drugs years social and economic development this month on the question of legaliza- that have taken their toll, particularly that had taken other countries decades tion and also decriminalization of ille- among our young people and across to accomplish.’’ gal narcotics. this Nation at great loss, not only in Another news wire that caught my I myself do not favor that action by dollars and cents that the Congress eye, and I filed it, read, ‘‘Two Bills to our government, by our Congress. In must expend and public policy that de- Seek End of Cuban Embargo. Senator fact, what I think from what I have mands, but also the incredible human CHRISTOPHER DODD, Democrat, Con- learned since taking over this responsi- tragedies. necticut, will file a bill this week joint- bility and my past work on this issue is I cannot describe how difficult it is ly with Senator JOHN WARNER, Repub- that sometimes tough enforcement, to face a parent who has lost a son or lican, Virginia, seeking an end to the tough eradication, tough interdiction, a daughter in a drug overdose. I cannot embargo in Cuba. At the same time, does in fact work. I welcome the oppor- describe the agony that they as a fam- Representative JOSE´ SERRANO, Demo- tunity to have this debate before our ily must experience, to lose a loved one crat of New York, will file a similar subcommittee, but I must say that, to this tragedy. bill in the House,’’ DODD said. DODD

VerDate Aug 31 2005 03:55 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00045 Fmt 7634 Sfmt 0634 J:\ODA15\MISCRE~1\1999\H27AP9.REC H27AP9 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS H2352 CONGRESSIONAL RECORD — HOUSE April 27, 1999 made the announcement Friday as the from Florida (Mr. MICA), who was just ization of political parties, the press, keynote speaker during the 17th An- talking about the narcotics trafficking labor unions, or do they not deserve nual Journalists and Editors Workshop problem in this hemisphere, how for ex- free elections? Which of the three con- on Latin America held in Miami, Flor- ample the Mexican governor of the ditions do the Cuban people not de- ida. ‘‘The time has come to lift the province of Quintana Roo, the Yucatan serve? We must ask those who want to trade sanctions in Cuba,’’ DODD said, Peninsula, has just sought refuge. Just lift the embargo now, unilaterally. adding that the embargo has been inef- before he was about to be arrested for There is another question. Why else, fective, counterproductive, inhumane being a major drug trafficker, he why in addition to the ethical reasons, and a failure. sought refuge and he is in Cuba today, in addition to the profound immorality of sitting by while our closest neigh- b 1915 as is Robert Vesco and over 90 other fu- gitives on the FBI’s Most Wanted List. bors are ignored year after year after According to DOD, the 4-decade-old So we believe for many reasons that year, while they are oppressed year embargo has not yielded the result it it is in the United States’ national in- after year, decade after decade, by a de- intended. terest for there to be a democratic grading and humiliating military dic- I found an interesting contrast in the transition in Cuba. Second, we believe tatorship that has implanted a system two articles, because during the dec- that just as in Europe, in the cases of of economic and political apartheid ades-long dictatorships in Portugal and the democratic transitions that oc- against its own people. A system where in Spain, or during the dictatorship of curred in Spain or Portugal or Greece, people are thrown in prison for their the 1960s and the 1970s in Greece, no or in the transitions that took place in thoughts, where refugees are killed for one ever complained that the European South Africa or Chile or the Dominican leaving the country without permis- Union, which was then known as the Republic, it is absolutely critical that sion, the most glaring, horrible exam- European Community, made it abso- there be some form of external pressure ple being July 13, 1994 where a tugboat, lutely clear that its doors would re- for a democratic transition to take an old tugboat full of refugees was sys- main closed, remain airtight; that place in Cuba once the dictator is no tematically attacked and sunk, and there could be no conceivable entry longer on the scene. Either because, over 40 women and children, along with into the European Union by Spain or like in the case of Franco in Spain, the some adult men, were murdered, over Portugal or Greece until they were de- dictator dies, or if it occurs through a 20 children were murdered. mocracies. No one ever complained. coup, for example, like in Portugal, or A system where, to use another ex- No legislative or diplomatic initia- by way of a coup followed by the death ample, the pharmacies, the drugstores, tives to say, let Spain and Portugal of a dictator, if it occurs as in Roma- if a Cuban citizen has a child with a and Greece in, were ever initiated. No nia. However it occurs, whatever way fever or another medical problem, they one filed bills in any of the democratic it occurs, at the time of the disappear- can only purchase medicines in the parliaments of Europe saying the ance from the scene of the Cuban dic- pharmacies if they have dollars and if Olivera Salazar regime in Portugal has tator, that is when it will be absolutely they are foreigners. In other words, lasted 50 years or the Franco regime in critical for the U.S. embargo to be in they have to get a foreigner to go in Spain has lasted 40 years; our policy of place as it is today, with its lifting and purchase the medicine and they isolation has failed. Let us end their being conditioned, as it is by law, on need a foreign currency, dollars, to be isolation, because they have lasted so three fundamental developments in able to do that. long. No, no one ever filed bills or initi- Cuba. To cite a very well written report by ated initiatives such as those. Number one, the liberation of all po- the respected human rights organiza- On the contrary, during the last year litical prisoners. Number two, the le- tion PAX Christi Netherlands of Feb- of Franco’s dictatorship there was a galization of all political parties, inde- ruary of this year, a system where the mobilization in the international com- pendent labor unions and the inde- criminal code, even in its pre-February munity to reimpose a blockade such as pendent press. And number three, the 1999 form, before the draconian new law the one that the United Nations had scheduling of free, internationally su- that Castro had his public parliament imposed on Franco decades earlier. And pervised elections. The exact same con- pass that established up to 30 years in at the time of Franco’s death in 1975 in ditions that brought about the demo- prison for peaceful pro-democracy ac- Spain, that posture, similarly at the cratic transitions in Portugal and in tivity; even before the February 1999 time of the coup referred to in this As- Spain and in South Africa, and in Chile law, the criminal code was used as a sociated Press article in Portugal in and in the Dominican Republic and in means to silence political dissent by 1974, that posture, that policy by Eu- so many others. charging opponents of the regime with, rope was decisive in the political open- At the time of the disappearance of for example, ‘‘contempt for authority’’ ings and democratic transitions that the dictator in Cuba, the U.S. embargo, or ‘‘dangerousness’’ or ‘‘enemy propa- took place in those countries that had with its lifting being conditioned on ganda.’’ long been oppressed by dictatorships. those three developments, as it is by In Cuba, where the judiciary is di- Political parties were liberated. Po- law, will constitute critical leverage rectly controlled by the communist litical prisoners were liberated first. for the Cuban people to achieve those party, the right to a fair trial is not Political parties were legalized. Long- three conditions. In other words, for guaranteed. Sometimes political pro- term exiles, those who had survived, them to achieve their freedom, like the ponents remain detained for prolonged were able to return. Along with the le- South Africans and the Spaniards and periods, months, even years without galization of political parties came the the Chileans and the Portuguese and any charge, much less a trial. And PAX legalization of the independent press the Dominicans achieved theirs during Christi Netherlands continues in its and independent labor unions, and free the last four decades. Human Rights Report, February 1999, a elections were authorized, they were It should not seem that complicated. list exists, drawn up by the Cuban then organized, and then they were Wherever there has been some form of Commission on Human Rights and Rec- held. In other words, freedom returned. external pressure, there has been a onciliation, of approximately 300 polit- That precisely is the goal of our pol- democratic transition. Where there has ical prisoners. icy with regard to Cuba. That is why been acquiescence, financing, trade, ox- What is often overlooked, though, is we maintain a trade and tourism em- ygen for the regimes such as in China, that this is only a partial list. The bargo on the Cuban dictatorship. That there is no democratic transition. It is Cuban Government does not disclose is why we deny the U.S. market to the very simple. any data on the number of those im- Cuban dictatorship, a regime that has So when we see some asking for an prisoned for political offenses such as kept itself in power through terror and end to the embargo against Castro rebellion, disrespect or enemy propa- through repression for 40 years. Be- now, before the three conditions, we ganda. Human rights organizations, cause first, we believe that it is in the have to then ask which of the three therefore, will have to depend on other national interests of the United States conditions do the Cuban people not de- sources to report a political imprison- for there to be a democratic transition serve? Do they not deserve the libera- ment to them. In actual fact, there are in Cuba. My colleague, the gentleman tion of all political prisoners, the legal- anywhere, and this is according to PAX

VerDate Aug 31 2005 03:55 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00046 Fmt 7634 Sfmt 0634 J:\ODA15\MISCRE~1\1999\H27AP9.REC H27AP9 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 27, 1999 CONGRESSIONAL RECORD — HOUSE H2353 Christi Netherlands, in actual fact, United States. A stunning example of suppressed, was presented in Robert there are anywhere from 2,000 to 5,000 the potentially devastating con- Novak’s syndicated column in the political prisoners. sequences of this capability was re- Washington Post on February 1, 1999. There is an additional problem in the cently provided by former Soviet mili- Such is the concern of the Committee form of people that are in prison under tary intelligence Colonel Stanislav on International Relations, led by its the pretext of, for instance, economic Lunev. As one of the most senior Rus- chairman, the gentleman from New offenses, while the real reason is polit- sian military intelligence officials to York (Mr. BEN GILMAN) about the ac- ical. We can only guess at the numbers, come to this country, Lunev revealed tual status of Cuban drug running that says PAX Christi Netherlands. And it that in 1990 the Soviet Union acquired the committee asked the State Depart- continues: Prisoners are put under America’s most sensitive Desert Storm ment to place Havana on its narcotics great psychological pressure and at battle plans, including General Norman blacklist. times they are beaten up. Prison condi- Schwarzkopf’s famed Hail Mary flank- For its part, the administration, in tions are generally bad. Inmates are ing maneuver, prior to the launch of the person of the drug czar, General undernourished and have no blankets, the U.S. ground war on the Persian McCaffrey, has denied any suggestion sanitary facilities or legal representa- Gulf. that it is downplaying or concealing tion. There are frequent reports of po- Castro’s Cuba’s involvement in narco- b 1930 litical prisoners being denied medical trafficking. But the problem is that attention in the case of illness. Moscow’s penetration of such closely- they have not answered our concerns. An example is political prisoner guarded American military planning They have not answered our concerns, Jorge Luis Garci-Perez Antunez, 33 via its Cuban ally may have jeopard- Madam Speaker. years old and imprisoned for 18 years, ized the lives of literally thousands of I sent a letter, along with the gentle- accused of enemy propaganda. In the U.S. troops in the event the intel- woman from Florida (Ms. ROS- beginning of 1999 he was brutally beat- ligence had been forwarded to Saddam LEHTINEN) and the gentleman from In- diana (Mr. DAN BURTON), to General en to unconsciousness by prison offi- Hussein by then Soviet Premier Gorba- McCaffrey in November of 1996 on the cers. According to his sister, one of chev. issue of Castro’s participation in the these officers at the prison stated that By the way, Moscow pays $200 mil- drug trade and the lack of a policy, they were authorized to beat prisoners. lion to this day. Even though they get even the lack of acknowledgment by Actually, Antunez is in a very poor a lot of money from the U.S. taxpayers, the administration that it is going on. state of health, as he is denied medical they turn around and pay $200 million a year to Castro for the intelligence fa- We specifically said in the letter: treatment for his injuries and for his ‘‘There is no doubt that the Castro dic- illnesses, a kidney insufficiency, an- cilities that Moscow maintains in Ha- vana. tatorship allows Cuba to be used as a gina pectoris and hypoglycemia. Until transshipment point for drugs. We were this writing, his sister has not been al- Recent news reports have brought forth that the same types of concerns deeply disappointed when DEA admin- lowed to give her brother the necessary istrator Thomas Constantine, testi- medicines, from PAX Christi Nether- that existed during Desert Storm due to the intelligence-gathering oper- fying before the House International lands, February 1999. Relations Committee in June, said that ations in Cuba that the Russians main- So why, in addition to the moral im- ‘there is no evidence that the govern- tain and the intelligence-gathering op- perative, I was asking, is it in the na- ment of Cuba is complicit’ in drug erations that Castro maintains with tional interest of the United States for smuggling ventures. On the contrary, the help of the Russians, that these Cuba to be free? I think it is important there is no doubt that the Castro dicta- same concerns remain and have re- that we touch upon just a few of the torship is in the drug business. Your mained during our recent operations in reasons. appearance,’’ this was addressed to Iraq and our current operation in Ser- We in Washington have the ability to General McCaffrey, ‘‘before the com- bia. receive research from many so-called mittee that day was also very dis- The Center for Security Policy, in think tanks. They are institutes of re- appointing on this critical issue. search. One of the most respected and their report in February, 1999, continue ‘‘Castro and his top aides have certainly well informed of those re- talking about the Cuban threat, and worked as accomplices for the Colum- search institutes is the William Casey specifically mention the following. Ac- bian drug cartels and Cuba is a key Institute of the Center for Security cording to a January 29 article in the transshipment point. In fact,’’ in 1996, Policy. In a recent report, November Financial Times of London, drug traf- ‘‘sources in the DEA’s Miami Field Of- 1998, they wrote, ‘‘American advocates fickers have capitalized, drug traf- fice stated to the media that more than of normalization contend that Cuba no fickers, have capitalized on the in- 50% of the drug trafficking detected by longer poses any threat to the United creased flow of European and Latin the U.S. in the Caribbean proceeds States, and that the U.S. embargo is American tourism and trade with Cuba from or through Cuba. therefore basically an obsolete and in the post-Soviet period, as well as the ‘‘Since the 1980’s, substantial evi- harmful relic of the Cold War. Castro regime’s rampant official cor- dence in the public domain has mount- Unfortunately, this view, reports the ruption and its ideologically-driven de- ed showing that the Castro dictator- Center for Security Policy, ignores the sire to damage its economic enemies. ship is aggressively involved in narco- abiding menacing character of the Cas- These operations use Cuba both for a trafficking. In 1982, four senior aides to tro regime. This is all the more re- drug market for the tourists that go Castro were indicted by a Florida markable given the emphasis Sec- there, and as a favored cleansing route grand jury for drug smuggling in the retary of Defense William Cohen, employed to reduce the opportunities U.S. They were Vice Admiral Aldo among other Clinton administration for detection. Santamaria, a member of the Cuban officials, have placed on asymmetric Several instances reported in the Fi- Communist Party Central Committee threats, the very sorts of threats Cuba nancial Times of London illustrate this who supervised military protection for, continues to pose to American citizens alarming development. For example, and the resupply of, ships transporting and interests. the frequency of drug cargoes dropped drugs to the US; Ambassador to Colum- These include the following: Thanks by air traffickers into Cuban waters for bia Fernando Ravelo, who was in to the vast signal intelligence facilities pick-up by smugglers more than dou- charge of the arms for drugs connec- operated near Lourdes by Havana’s and bled in 1998 over previous years. tion with the Columbian M–19 guerillas Moscow’s intelligence services, facili- On December 3 of 1998, a 7-ton ship- and the Medellin Cartel; Minister ties that permit the wholesale collec- ment of cocaine bound for Cuba was Counselor Gonzalo Bassols-Suarez, as- tion of sensitive U.S. military diplo- seized in Columbia by the Columbian signed to the Cuban Embassy in Bo- matic and commercial data and the in- police. Further evidence of such offen- gota, Columbia; and Rene Rodriguez- vasion of millions of Americans’ pri- sive, albeit asymmetrical activities, Cruz, a senior official of the DGI vacy, the Cuban regime has the capa- and indications that the Clinton ad- (Cuban Intelligence Service) and a bility to conduct sustained and system- ministration is finding this behavior to member of the Communist Party Cen- atic information warfare against the be inconvenient, and therefore to be tral Committee.

VerDate Aug 31 2005 03:55 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00047 Fmt 7634 Sfmt 0634 J:\ODA15\MISCRE~1\1999\H27AP9.REC H27AP9 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS H2354 CONGRESSIONAL RECORD — HOUSE April 27, 1999 ‘‘In 1987, the U.S. Attorney in Miami ‘‘In April, 1993, the Miami Herald re- his commitment to the country, some- won convictions of 17 South Florida ported that the U.S. Attorney for the thing that we never did. We remain fo- drug smugglers who used Cuban mili- Southern District of Florida had draft- cused on what we asked for. tary air bases to smuggle at least 2,000 ed an indictment charging the Cuban As the gentleman from Illinois pounds of Columbian cocaine into Flor- government as a racketeering enter- (Chairman DAN BURTON) stated in his ida with the direct logistical assistance prise, and Cuban Defense Minister Raul reply to General McCaffrey on March of the Cuban Armed Forces. Evidence Castro as the chief of a ten-year con- 16, 1999, ‘‘Simply put, your response in this case was developed by an under- spiracy to send tons of Columbian car- was insufficient. I unequivocally dis- cover government agent who flew a tel cocaine through Cuba to the United agree with your assessment of the drug smuggling flight into Cuba with a States. Fifteen Cuban officials were Cuban government,’’ because the Gen- MIG fighter escort. In 1988, Federal law named as co-conspirators, and the De- eral maintains that the Cuban govern- enforcement authorities captured an fense and Interior Ministries cited as ment is not involved with drug traf- 8,800 pound load of cocaine imported criminal organizations.’’ The indict- ficking. into the United States through Cuba. ment was shelved. It was placed in a Despite all the evidence that he In 1989, U.S. authorities captured 1,060 drawer by the Clinton administration. knows of and we provided publicly to pounds of cocaine sent through Cuba to ‘‘In 1996, the prosecution of a drug him, it is part of the public record, he the United States. trafficker, Jorge Cabrera, a convicted continues to say, no, the Cuban govern- ‘‘Prior administrations have cor- drug dealer, brought to light additional ment is not involved with drug traf- rectly identified the Castro regime as information regarding narco-traf- ficking, and/or is unable to monitor or an enemy in the interdiction battle. As ficking by the Castro dictatorship. patrol its territory. early as March 12, 1982, Thomas Enders, Cabrera was convicted of transporting Chairman BURTON continued, ‘‘I have then Assistant Secretary of State for almost 6,000 pounds of cocaine in the never questioned your service or dedi- Inter-American Affairs, stated before United States, and he was sentenced to cation to our country. Your military the Subcommittee on Security and 19 years in prison and fined over $1 mil- career was long, and you indeed rose to Terrorism of the Senate Judiciary lion. Cabrera has made repeated, spe- four star (CINC) status, and I salute Committee that ‘We now also have de- cific claims confirming cooperation be- you for that.’’ tailed and reliable information linking tween Cuban officials and the Colum- That is not the issue. The issue is Cuba to trafficking in narcotics as well bian cartels. His defense counsel has that we sent a detailed letter that I as arms.’’’ just read from the Congress of the On April 30, 1983, James Michel, Dep- publicly stated that Cabrera offered to arrange a trip, under Coast Guard sur- United States, once again asking for uty Assistant Secretary of State for what the policy is of the administra- Inter-American Affairs, testified before veillance, that would ‘pro-actively im- tion with regard to concrete evidence the Subcommittee on Western Hemi- plicate the Cuban government.’’’ That of decades-long participation by the sphere Affairs of the Senate Foreign investigation was shelved. It was put in Cuban regime in narco-trafficking into Relations Committee. His remarks a drawer by the Clinton administra- the United States; in other words, a validated prior findings: tion. ‘‘The United States has developed ‘‘Overwhelming evidence points,’’ we systematic campaign to poison the new evidence from a variety of inde- continued in our letter,’’ to ongoing in- youth in the United States. pendent sources confirming that Cuban volvement of the Castro dictatorship in What is the policy of this administra- officials have facilitated narcotics traf- narco-trafficking. The Congress re- tion? It is not an issue of whether Gen- ficking through the Caribbean. . . . mains gravely concerned about this eral McCaffrey had a good military They have done so by developing a re- issue.’’ We ended the letter by saying, record or not. Nobody is questioning lationship with key Columbian drug ‘‘We are deeply disappointed that the that. It is, what is the policy of the ad- runners who, on Cuba’s behalf, pur- Administration continues to publicly ministration now? Why is there an ob- chased arms and smuggled them to ignore this critical matter.’’ vious attempt to cover up the involve- Cuban-backed insurgent groups in Co- General McCaffrey sent us back a ment of the Cuban regime in narco- lumbia. In return, the traffickers re- form letter that he sends to schools trafficking into this country? ceived safe passage of ships carrying and people who ask for the ability to The Center for Security Policy, in its cocaine, marijuana, and other drugs have input throughout the country February, 1999, report, stated, with re- through Cuban waters to the U.S.’’ into the Nation’s drug policy. gard to Cuba’s two VVER 440 Soviet- ‘‘On July 26, 1989, Ambassador Melvin The chairman of the Committee on designed nuclear reactors, that assur- Levitsky, Assistant Secretary of State Government Reform in the House, the ances from the Russian Ministry of for International Narcotics Matters, gentleman from Illinois (Mr. DAN BUR- Atomic Energy to the effect that these testified that, ’There is no doubt that TON) then sent a letter to General reactors are ‘‘in excellent condition Cuba is a transit point in the illegal McCaffrey. I signed the letter, along and meet all contemporary safety re- drug flow. . . . We have made a major with my colleague, the gentlewoman quirements’’ are unconvincing. commitment to interdicting this traf- from Florida (Ms. ILEANA ROS- The Center for Security Policy con- fic. . . . Although it is difficult to LEHTINEN): tinued: ‘‘In fact, many Western ex- gauge the amount of trafficking that ‘‘Dear General McCaffrey, we write in perts, including the U.S., the General takes place in Cuba, we note a marked response to your letter,’’ your form let- Accounting Office, and Cuban defectors increase in reported drug trafficking ter, ‘‘asking for comments in regard to from the Juragua complex have warned incidents in Cuban territory during the updates.’’ ‘‘We have included herewith about myriad design and construction first half of 1989.’. a letter which we sent to you Novem- flaws. ‘‘We are sure that while in Panama,’’ ber 18, 1996. You subsequently replied ‘‘Among the items of concern are the we wrote General McCaffrey, ‘‘as Com- to us with a form letter. . . . fact that much of the facility’s sen- mander of the U.S. Southern Com- ‘‘We hereby reiterate our request sitive equipment has been exposed to mand, you became aware of General that you address the issue of the Cuban corrosive tropical weather conditions Noriega’s close relationship with Cas- government’s participation in narco- for almost 6 years, and a large percent- tro, and of Castro’s intimate relation- trafficking and take all necessary ac- age of the structural components, ship with the Columbian drug cartels. tions to end the Clinton Administra- building materials, and fabrication, for ‘‘Because past administrations iden- tion’s cover-up of that reality. example, of critical welds, has been de- tified Cuba as a major transshipment ‘‘We look forward to receiving a spe- fective.’’ point for narcotics traffic, it was inte- cific and detailed response to the infor- The Pentagon is currently con- grated into the larger interdiction ef- mation and points raised in our cor- structing a so-called Caribbean Radi- fort. By contrast, under the existing respondence. Thank you in advance for ation Early Warning System, known as strategy’’ of this administration, ‘‘no your personal attention to this re- CREWS, around the southern United aggressive efforts have been made to quest.’’ States downwind from these Cuban re- cut off this pipeline despite the grow- General McCaffrey wrote back saying actors. According to Norm Dunkin, the ing awareness of its existence. that we had impugned his integrity or lead contractor on CREWS, this system

VerDate Aug 31 2005 03:55 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00048 Fmt 7634 Sfmt 0634 J:\ODA15\MISCRE~1\1999\H27AP9.REC H27AP9 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 27, 1999 CONGRESSIONAL RECORD — HOUSE H2355 will monitor the activity of the reac- in 2 days, if the winds were blowing Magazine, Inside Magazine here in tors being built in Cuba in the event of north, the radiation would expose most Washington, published an article last an accident. Mr. Dunkin states that of the eastern coast of the United month and I would like to quote from the CREWS system would allow for an States. it. It is a very brief article. immediate response. If it were blowing in this direction, Fidel Castro was, quote, among the Now, just what that immediate re- obviously, the central United States. It principal sponsors of international ter- sponse would be remains far from clear. would take longer, obviously, to get to rorist Carlos the Jackal, according to a We are talking about two Soviet-de- Texas and the West. But 80 million former senior Cuban Interior Ministry signed nuclear power plants that Cas- Americans reside in this area, and official. Juan Antonio Rodriguez tro is committed to completing in within 2 days, if the winds were blow- Menier, who has lived under police pro- Cuba. So will this ‘‘early warning sys- ing this way, if these plants were com- tection in the United States for the tem’’ enable the mass evacuation of as pleted and if there were an accident, past 13 years, told investigators that many as 80 million Americans who and we obviously had an accident in Castro supplied Carlos, that is the might, according to U.S. official esti- Chernobyl, we are not talking theory name this well-known terrorist goes mates, be exposed to Cuban radiation here, these are Soviet-designed plants, by, whose real name is Ilich Ramirez within days of a meltdown? it would expose up to 80 million Ameri- Sanchez, with money, passports and And even if that extraordinary cans to grave risk. And this chart, as I apartments in Paris. logistical feat could be accomplished, say, was provided by the National Oce- Menier, this former Cuban intel- what would happen to the food supply, anic and Atmospheric Administration. ligence official, alleges that the Cuban animals, and property left behind? This We are all concerned about Kosovo. President, referring to Castro, orga- is the Center for Security Policy in its It is a great humanitarian crisis and nized drug trafficking in the United report of 1999, February. tragedy, but this is here. These plants States, France, the Netherlands and are less than 200 miles from the United elsewhere, and that Carlos was used by b 1945 States. What is the President doing? Castro to, ‘‘put pressure on and execute I think it is important, Madam What is the Clinton administration the people he designated.’’ Carlos, this Speaker, that we point out what we are doing to prevent this? Well, they have terrorist, is serving a life sentence in talking about specifically here with re- come forth with something called, as I France for the murder of two secret po- gard to these Cuban power plants. mentioned before, CREWS, the Carib- licemen and an informant. These are what threats exist. What These are Soviet-designed nuclear bean Radiation Early Warning System. are the reasons, again, Madam Speak- power plants. We just remembered the I have never seen, to be diplomatic I er? The question is, in addition to the horrible accident at Chernobyl, where will say, a less logical idea. Because moral imperative, what are the reasons so many innocent lives were lost and this CREWS system, Caribbean Radi- why it is in the national interest of the radiation caused damage to millions ation Early Warning System, is de- United States for there to be a demo- and millions of people in the Ukraine. signed to monitor the activity of these cratic transition in Cuba? Why do we Well, what we are talking about here is reactors in the event of an accident, Cuba. We are not talking about the have an embargo on Castro that pro- this system would, quote, allow for an vides not only the only sanction Ukraine. immediate response. The radiation We are talking about Soviet-designed against his brutality but the only le- would be picked up by the system. verage for the Cuban opposition, for nuclear power plants. They are known Is that what our policy has to be? I the Cuban people to achieve a Demo- as the VVER 440. Soviet designed nu- think that is inconceivable. I think our cratic transition once Castro is gone clear reactors. There are two of them. policy needs to be a policy of simply Here. Here is Key West. Here are the from the scene? letting the Cuban regime know that Why do we maintain an embargo? nuclear power plants. We are talking under no circumstances can those For all these reasons. Why is it in the about less than 200 miles. These reac- plants be completed. The United States United States’ national interest for tors, the VVER 440s, were all shut of America has to make it clear to Mr. there to be a democratic transition in down when the Soviet Union collapsed Castro that those plants cannot be Cuba? For all these reasons that I have and the Iron Curtain came down in Eu- completed. It means putting at risk, if been mentioning. rope. All of the newly-freed countries they are completed, 80 million Ameri- There was an unprecedented act of of Eastern Europe, without exception, cans plus the entire Cuban people, plus state terrorism against American citi- starting with East Germany but going the neighbor, if the winds happen to go zens a little over 3 years ago. Castro throughout the entire continent, im- this way, Mexico. If the winds happen ordered his own air force, not talking mediately moved to shut them all to go this way, it is Central America. about Carlos the terrorist, but his own down because they are inherently dan- The United States has to be telling air force to shoot down American civil gerous. the Cuban Government that those planes over international waters. That But in addition to that, engineers plants will not be completed. But, no, is the only time it has ever been done. and workers who worked on the initial the Clinton administration came up Not even Saddam or the North Koreans stages of these two Cuban nuclear with CREWS, the Caribbean Radiation have done that. power plants have testified here in Early Warning System, that will allow Civilian planes over international Congress and before Federal executive for an immediate response because ra- waters by an act of state terrorism di- agencies that not only are these plants diation will be detected if there is an rectly by an air force. The only time it defective because of their design but accident. That is not acceptable. has been done. It is unprecedented, as because of the great mistakes that I ask all of my colleagues and the was noted by Judge Lawrence King in were committed, the great flaws in the American people watching through C- his wise and erudite decision in the construction, the initial construction SPAN to contact their Congressman or U.S. District Court in the Southern of these plants that Castro is deter- Congresswoman and tell him or her District of Florida. In an unprece- mined to complete. that they must tell the President of dented act, Castro ordered the murders Now, according to the National Oce- the United States that he must un- by his own air force of U.S. citizens anic and Atmospheric Administration equivocally state that these plants, over international waters 3 years ago. that prepared this chart for my office, these nuclear power plants in Cuba, Well, sometimes it is important to go if the winds happened to be blowing cannot, will not, under any cir- back and read what was said at the north, in this direction, where we are cumstances, be completed. This is an time. This is March 11, 1996, 3 years right now, here, Washington, D.C., and issue of extraordinary importance. ago. Time Magazine. In an exclusive even further north, as far north as With regard to the matters we are conversation with Reginald Brack, Pennsylvania and New York, within 2 touching upon, which are why it is in chairman of Time, Joelle Addinger, days of an accident in one of these the national interest of the United Time’s chief of correspondence, and plants, or an incident, because the States, in addition to the moral pre- Cathy Booth, the Miami bureau chief, Cuban dictator would be able to create requisites, the reasons for there to be a Castro tried to explain and justify an incident if he would so decide, with- democratic transition in Cuba, Inside shooting down two defenseless planes.

VerDate Aug 31 2005 03:55 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00049 Fmt 7634 Sfmt 0634 J:\ODA15\MISCRE~1\1999\H27AP9.REC H27AP9 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS H2356 CONGRESSIONAL RECORD — HOUSE April 27, 1999 Question: What was the chain of com- personal bodyguards. Well, his number tire list, but the fact that Latin Amer- mand? Here is Castro’s answer: We dis- two personal bodyguard defected; re- ican neighbors of the Cuban people, cussed it with Raul. That is his broth- sponsible for waking Castro up and two of them voted against, Mexico and er, head of the air defense forces in the taking care of his life. If he cannot Brazil. The Mexican Government re- military. We gave the order to the head trust his number two bodyguard, of the mains consistent in its policy of cor- of the air force. Castro continued say- hundreds of bodyguards he has, who ruption in all aspects. And the new ing, I take responsibility for what hap- can he trust? Obviously, he knows, no Venezuelan President, who wrote a let- pened. Castro admits, he takes respon- one. That is a sign of desperation. That ter by the way to Carlos the Jackal, sibility publicly for shooting down un- is a sign of where the dictatorship is. the terrorist that I referred to pre- armed civilian aircraft over inter- People say, well, the policy has not viously, well, the new Venezuelan national waters. Unprecedented act of functioned. What do they mean it has President wrote him a letter the other state terrorism. not functioned, when it has to be in day congratulating him. That is the Where is the administration? The place; conditioned, our embargo condi- new President of Venezuela. Clinton administration signed the codi- tioned, its lifting conditioned on the And then abstaining, in other words, fication of the embargo, that is true, three key developments that have to those who say, yes, I see the horrible and ever since then has systematically occur in Cuba, and that will occur in violations of human rights but I do not waived every part of the legislation Cuba? In other words, the liberation of have the courage or the whatever to that the administration has been able all political prisoners, legalization of vote to condemn them, abstaining was to waive. Sometimes it is important to political parties, labor unions and the Colombia, El Salvador, and Guatemala. realize why things were done. We are press, and the scheduling of free elec- They may not be in the hall of shame not talking about 30 years ago but 3 tions. This is a desperate, bankrupt but they sure are near. years ago. dictatorship that, obviously, everyone Madam Speaker, I think in addition Now, Madam Speaker, it is impor- knows, even the supporters of the dic- to congratulating the people who those tant, I think, to go back to what the tatorship, that it cannot survive the governments have voted for this reso- Center for Security Policy stated in its life of the dictator if we maintain the lution, and noting our disillusionment February 1999 report. Bottom line, it embargo, the leverage. Obviously, the with those who abstained, and of ended, the report, saying, ‘‘In short, dictatorship is desperate and bankrupt. course, our condemnation of those who Fidel Castro’s Cuba continues to rep- Now, there is something I need to voted against, I remain convinced that resent a significant, if asymmetric, say, because I think it is fair. The UN a great problem that the Cuban people threat to the United States. The Clin- Human Rights Commission in Geneva face, the reason why there have been so ton administration needs to be honest passed a resolution this last Friday many years of dictatorship there, one with the American people about these condemning the human rights viola- of the great reasons is the lack of press and other dangers, perhaps including tions by the Castro regime. And I want coverage. I ask my colleagues, I ask the Amer- the menace of biological or informa- to publicly commend, congratulate and ican people watching on C-SPAN, did tion warfare, which the President says show my admiration for the Czech Re- they read or see coverage of Castro’s he has seized. The Clinton administra- public, who was the prime sponsor of bodyguard defecting, the No. 2 body- tion must dispense with further efforts the resolution, and the Polish Govern- guard of a dictator that has been in to cover up or low-ball them. Under ment as well. In other words, the Czech power for 40 years? Did they read about these and foreseeable circumstances, it president, Vaclav Havel, and Polish it, hear about it? Was it in the news? would be irresponsible to ease the U.S. Prime Minister Jerzy Buzek, who were the prime sponsors of this resolution, Did they hear about this resolution embargo, and thereby not only legiti- this marvelous resolution, standing that condemned the human rights vio- mate, but offer life support to the still firm on the side of the Cuban people. lations? Did they read or hear about, offensively oriented Castro regime.’’ And, really, those who voted for the did they see coverage about the crack- That was the Center for Security Pol- governments, who voted for it, con- down that Castro was involved in icy, February 1999. stitute a hall of fame and dignity at against the Cuban people, the new law Madam Speaker, I would ask how calling for up to 30 years of imprison- much time I have remaining. this time. And those who voted against it really constitute a hall of shame. ment for peaceful pro-democracy activ- The SPEAKER pro tempore (Mrs. ity? Have they read about that? Have BONO). The gentleman from Florida b 2000 they seen coverage? (Mr. DIAZ-BALART) has 14 minutes re- It only passed by one vote, by the Do they know about the four best maining. way, but it passed. Obviously, too known dissidents in Cuba, the, in ef- Mr. DIAZ-BALART. The dictatorship many people, when we realize it passed fect, Vaclav Havels and Lech Walesas in Cuba is economically bankrupt and by one vote, are in the hall of shame. of Cuba, who bravely refused freedom obviously desperate. That is part of the But, nevertheless, the hall of fame pre- in lieu of prison and were just sen- danger, the desperation angle. For ex- vailed. tenced to long prison terms for writing ample, the fact that Castro would be so In favor: Argentina; Austria; Canada; a document asking for free elections committed to completing two nuclear Chile; the Czech Republic; Ecuador; and criticizing one-party government? power plants whose design is so inher- France; Germany; Ireland; Italy; Have they read about their names: ently faulty that everywhere where Japan; Latvia; Luxembourg; Morocco. Vladimiro Roca, Felix Bonne, Rene they had been completed in Eastern By the way, I want to thank His Royal Gomez Manzano, Marta Beatriz Roque? Europe they were closed down, proves Highness King Hassan and the distin- Had they heard about the prisoner he is desperate. He wants it complete, guished and brilliant Foreign Minister that I referred to before, that PAX even those nuclear power plants. Mohammad Benaisa Benahista for Christi Netherlands talked about his The dictatorship is bankrupt and des- their courageous stand. Norway; Po- repeated beatings, a 33-year-old man perate. The clear signs of that, for ex- land; the Republic of Korea; Romania, condemned to 18 years in prison for ample, are that just a few days ago he that wonderful, heroic people; the peacefully advocating for democracy? went to the Dominican Republic, where United Kingdom, the United States of Had they heard about Jorge Luis the very mediocre President of the Re- America; and Uruguay. Garcia Perez Antunez? Did they know public there, who falls all over himself A significant development in this about Oscar Elias Biscet or Leonel when he sees Castro, literally, just last year, because there was a defeat in Morejon Almagro, who has been nomi- about; he drools in admiration. Castro this resolution a year ago, a significant nated by over 60 Members of this House was there and all of a sudden his num- development was the naming by Sec- for the Nobel Peace Prize, or Vicky ber two bodyguard, and it is important retary Albright of Assistant Secretary Ruiz or the hundreds of other pro-de- to know what these bodyguards are in Coe, Assistant Secretary for Human mocracy activists in Cuba, or the inde- the context of Cuban society. They are Rights. He did a wonderful job, and he pendent press who bravely each day the ones who have everything the peo- is to be commended. fight for democracy or work to inform ple do not have, starting with the food And then of course voting against, the world about the horrors, about and all the privileges and benefits. His and I am not going to go into the en- what is going on?

VerDate Aug 31 2005 03:55 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00050 Fmt 7634 Sfmt 0634 J:\ODA15\MISCRE~1\1999\H27AP9.REC H27AP9 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 27, 1999 CONGRESSIONAL RECORD — HOUSE H2357 Have they read about that? Or did Mr. GANSKE. Madam Speaker, it is emerged, and a judge who looked at they read about the Baltimore Orioles deja vu all over again. Delay patient this said the margins of safety of that or the Harlem Globetrotters playing protection, keep it from the floor, try HMO were razor thin. Madam Speaker, with Cuba’s national teams? Is that to push it back in the legislative year I would say about as razor thin as the what we read about? That is the only so that time will run out, or load up a scalpel that had to amputate little thing that the press covers with regard clean patient bill of protection with a baby James’ hands and feet. to Cuba. How cute, the Baltimore Ori- lot of extraneous, untested ideas and Think of the dilemma this places on oles or the Harlem Globetrotters play- then let it sink of its weight. a mother struggling to make ends ing Castro’s designated national team. Madam Speaker, I would think that meet. In Lamona’s situation, under That is the only coverage, in essence, we would learn in this House that the last year’s Republican task force bill, if with very rare exceptions. American public is demanding that she rushes her child to the nearest It is time to help the internal opposi- Congress address this problem. I re- emergency room she could be at risk tion, Madam Speaker. A number of us cently learned, Madam Speaker, that for a charge that is on average 50 per- are filing, we prepared legislation that the leadership of the House is not cent more than what the plan would basically tells the President of the thinking about bringing patient pro- pay for in network care. Or she could United States, we in the Congress, we tection legislation to the floor until hope that her child’s condition will not passed a law 3 years ago saying he is October at the earliest. And I also worsen as they drive past other hos- authorized to help the internal opposi- learned, Madam Speaker, that the pitals to finally make it to the ER that tion in Cuba, to find ways to do it like chairman of jurisdiction is considering is affiliated with their plan. And woe to we did in Poland, and he has not done adding a number of untested ideas to a any family’s fragile financial condition it, and it is time that we do it and we clean bill of patient rights, things like if this emergency occurs while they are are filing legislation to do so. health marts or association health visiting friends or family out-of-State. It is time that the world learn the plans, ideas which have not been test- Madam Speaker, cases like this are names of the Vaclav Havels and the ed, which could actually be harmful. not isolated examples. They are not Lech Walesas of Cuba. It is time that Why is this a disaster, Madam Speak- mere anecdotes. Madam Speaker, tell the world be able to put faces to those er? Well, consider the case of little to little James today or to his mother names and names to those faces. It is James Adams, age 6 months. At 3:30 in Lamona, who I spoke to about a month time to help the internal opposition. the morning his mother Lamona found ago, that James is just an anecdote. We will be filing this legislation. We him hot, panting, sweaty, moaning. His Those anecdotes, if we prick their fin- need the support of our colleagues. It temperature was 104. Lamona phoned ger, if they have a finger, they bleed. does not deal with the embargo. They her HMO and was told to take James to Little James, with his bilateral leg can be pro-trade, anti-trade, or in the Scottish Rite Medical Center. ‘‘That is amputations and his bilateral hand am- middle. They can stand for the Cuban the only hospital I can send you to,’’ putations, today with his arm stumps people’s right to be free by supporting the reviewer added. can pull on his leg prosthesis, but his this legislation that calls on the Presi- ‘‘Well, how do I get there?’’ Lamona dent to devise a plan, like was done by mom and dad have to help him get on said. President Reagan in Poland, to help his bilateral hooks. Little James will ‘‘I do not know. I am not good at di- never be able to play basketball or the internal opposition. rections.’’ And we talk to those now members of sports. Little James, some day when he So at about 3:30 in the morning parliament in Poland or the President marries the woman that he loves, will Lamona and her husband wrap up little in the Czech Republic and they will tell never be able to caress her cheek with Jimmy, little sick Jimmy. It was rain- us what it meant when we had a Presi- his hand. ing out, terrible night. They get in dent in the United States who stood Madam Speaker, this is the type of their car. They live way on the east with them and found ways to help disaster that the type of delay that we side of Atlanta, Georgia, about 20 them when they were dissidents and are seeing in this House and in this miles. when they were being persecuted by Congress in addressing this problem About 20 miles into their ride they their communist totalitarian regimes. makes this a tragedy. Well, Madam That is what we need to do in the pass Emory Hospital’s emergency room Speaker, these cases have earned the case of Cuba. Cuba will be free. The with a renowned pediatric medical cen- HMO industry a reputation with the Congress has always been on the side of ter. Nearby are two more of Atlanta’s public that is so bad that only tobacco the Cuban people. What we need is the leading hospitals, Georgia Baptist and companies are held in better esteem. President to speak up on this issue on Grady Memorial. But they did not have Let me cite a few statistics. A na- these people 90 miles away, our closest permission to stop, and they knew that tional survey shows that far more friends, our closest neighbors, to stand if they did the HMO would stick them Americans have a negative view of on their side and against the repressor. with the bill. So not being medical pro- managed care than positive. By more We need the administration to be fessionals, they thought, ‘‘We think we than two to one, Americans support heard. The Congress is heard, will con- can get there in time.’’ more government regulation of HMOs. tinue to be heard, has been heard. And They had 22 more miles to travel be- The survey shows that only 44 percent we are going to file our legislation, and fore they got to Scottish Rite. While of Americans think managed care is a we need the support of our colleagues. searching for the hospital, James’s good thing. I know we have it, because always the heart stopped. Madam Speaker, think Do my colleagues need proof? Just Congress of the United States have of what it was like for Mr. and Mrs. remember the way the audience stood with the Cuban people. And the Adams, driving frantically in the early clapped and cheered during the movie Cuban people, when they are free, they morning hours, trying to resuscitate ‘‘As Good As It Gets’’ when Academy will remember this Congress for having and keep little Jimmy alive while they Award winner Helen Hunt expressed an stood always for their right to be free, push on to the emergency room. expletive, which I cannot repeat on the for self-determination, for freedom for Well, they got him to Scottish Rite floor of Congress, about the lack of dignity, for free elections and against eventually but it looked like he would care her asthmatic son got from their the horrors of their 40-year totalitarian die. But he was a tough little guy, and HMO. nightmare. despite his cardiac arrest due to delay b 2015 f in treatment by his HMO, he survived. However, he ended up with gangrene of No doubt the audience’s reaction was PATIENT PROTECTION both of his hands and both of his feet. fueled by dozens of articles and news LEGISLATION The doctors had to amputate both of stories highly critical of managed care. The SPEAKER pro tempore. Under little Jimmy’s hands and both of his These are real-life experiences. the Speaker’s announced policy of Jan- feet. In September of 1997, the Des Moines uary 6, 1999, the gentleman from Iowa All this is documented in the book Register ran an op-ed piece entitled (Mr. GANSKE) is recognized for 60 min- ‘‘Health Against Wealth,’’ and the de- ‘‘The Chilly Bedside Manners of HMOs’’ utes. tails of baby James’ HMO’s methods by Robert Reno, a Newsweek writer.

VerDate Aug 31 2005 03:55 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00051 Fmt 7634 Sfmt 0634 J:\ODA15\MISCRE~1\1999\H27AP9.REC H27AP9 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS H2358 CONGRESSIONAL RECORD — HOUSE April 27, 1999 Citing a study on the end of life care he She went on: one in that hearing room to examine wrote, ‘‘This would seem to prove the Although this was known to many people, their own conscience. I remember her popular suspicion that the HMO opera- I have not been taken to any court of law or saying this very well. tors are heartless swine.’’ called to account for this in any professional She said, The New York Post ran a week-long or public forum. In fact, just the opposite oc- One can only wonder how much pain, suf- series on managed care. The headlines curred. I was rewarded for this. It brought fering and death will we have before we have me an improved reputation on my job and the courage to change our course? Person- included, ‘‘HMOs Cruel Rules Leave contributed to my advancement afterwards. Her Dying for the Doc She Needs.’’ ally, I have decided even one death is too Not only did I demonstrate that I could do much for me. Another headline blared out, ‘‘Ex- what was expected of me, I exemplified the quiet. The chairman mumbled, ‘‘Thank New Yorker Is Told, Get Castrated So good company doctor, because I saved a half you, doctor.’’ We Can Save Dollars.’’ million dollars. Or maybe you are interested in this Well, Madam Speaker, as she spoke, Linda Peeno could have rationalized headline: ‘‘What His Parents Didn’t a hush came over the room. The rep- her decisions as many do. ‘‘Oh, I was Know About HMOs May Have Killed resentatives of the trade associations just working within guidelines.’’ Or, ‘‘I This Baby.’’ who were still there averted their eyes. was just following orders.’’ Or, ‘‘You Or how about the 29-year-old cancer The audience shifted uncomfortably in know, we have to save resources.’’ Or, patient whose HMO would not pay for their seats, both gripped and alarmed ‘‘This isn’t about treatment, it’s really his treatments? Instead, the HMO case by her story. Her voice became husky just about benefits.’’ Dr. Peeno refused to continue this manager told him to hold a fund-raiser. and I could see tears in her eyes. Her denial and will do penance for her sins A fund-raiser? Madam Speaker, I cer- anguish over harming patients as a the rest of her life by exposing the tainly hope that campaign finance re- managed care reviewer had caused this dirty little secret of HMOs determining form will not stymie this man’s effort woman to come forth and bare her soul. medical necessity. to get his cancer treatment. Madam Speaker, if there is only one To counteract this, even some health She continued: thing our colleagues consider before plans have taken to bashing their col- Since that day I have lived with this act and many others eating into my heart and voting on patient protection legisla- leagues. Here in Washington, one tion, I hope it will be the fact that no HMO’s ads declared, ‘‘We don’t put un- soul. For me a physician is a professional charged with the care or healing of his or her amount of procedural protection or reasonable restrictions on our doctors. fellow human beings. The primary ethical schemes for external review can help We don’t tell them that they can’t send norm is do no harm. I did worse. I caused patients if the insurers are legisla- you to a specialist.’’ death. Instead of using a clumsy bloody tively given broad powers to determine In Chicago, Blue Cross ads pro- weapon, I used the simplest, cleanest of what standards will be used to make tools, my words. This man died because I de- claimed, ‘‘We want to be your health decisions about coverage. As Dr. Peeno plan, not your doctor.’’ nied him a necessary operation to save his heart. I felt little pain or remorse at the so poignantly observed, insurers now In Baltimore, an ad for Preferred routinely make treatment decisions by Health Network assured customers, time. The man’s faceless distance soothed my conscience. Like a skilled soldier, I was determining what goods and services ‘‘At your average health plans, cost trained for this moment. As the HMO would they will pay for. controls are regulated by administra- have me say, when any moral qualms arise, The difference between clinical deci- tors. At PHN, doctors are responsible I was to remember, I am not denying care, I sions about medically necessary care for controlling costs.’’ am only denying payment. and decisions about insurance coverage Madam Speaker, advertisements like By this time, the trade association are especially blurred. Because all but these demonstrate that even the HMOs representatives were staring at the the wealthy rely on insurance, the know that there are more than a few floor. The Congressmen who had spo- power of insurers to determine what rotten apples in that barrel. As the de- ken on behalf of the HMOs were dis- coverage is medically necessary gives bate over HMO reform has evolved, tinctly uncomfortable, and the staff, them the power to dictate professional there has been a great deal of focus several of whom subsequently became standards of care. lately on the question of who decides representatives of HMO trade associa- Make no mistake, Madam Speaker. what health care is medically nec- tions, were thanking God that this wit- Along with the question of health plan essary. Simply put, most health plans ness had come at the end of the day. liability, the determination of who extol the fact that they pay for all Dr. Peeno’s testimony continued: should decide when health care is health care that is medically nec- At the time, this helped me avoid any medically necessary is the key issue in essary. Consumers find this reassuring sense of responsibility for my decision. Now patient protection legislation. Con- as it suggests that if they need care, I am no longer willing to accept escapist rea- trary to the claims of HMOs that this they will get it. What plans do not ad- soning that allowed me to rationalize that decision. I accept my responsibility now for is some new concept, for over 200 years vertise nearly as extensively is that that man’s death as well as the immeas- most private insurers and third-party plans usually reserve for themselves urable pain and suffering many other deci- payers have viewed as medically nec- the right to decide what is and what is sions of mine caused. essary those products or services pro- not medically necessary. She then went on to list the many vided in accordance with what we On May 30, 1996, Congress got its first ways that managed care plans deny would call ‘‘prevailing standards of glimpse at this issue. On that day, a care to patients but she emphasized medical practice.’’ This is the defini- small, nervous woman testified before one particular issue, the right to decide tion used in many managed care re- the House Commerce Committee. Her what care is medically necessary. form bills, including my own, the Man- testimony was buried in the fourth ‘‘There is one last activity that I aged Care Reform Act of 1999. panel at the end of a long day about think deserves a special place on this The courts have been sensitive to the the abuses of managed care. The re- list, and that is what I call the smart fact that insurers have a conflict of in- porters were gone, the television cam- bomb of cost containment, and that is terest because they stand to gain fi- eras had packed up, most of the origi- medical necessity denials. Even when nancially from denying care and have nal crowd had dispersed. She should medical criteria is used, it is rarely de- used themselves clinically derived pro- have been the first witness that day, veloped in any kind of standard, tradi- fessional standards of care to reverse not the last. She told about the choices tional, clinical process. It is rarely insurers’ attempts to deviate from that managed care companies and self- standardized across the field. The cri- standards. This is why it is so impor- insured plans are making every day teria is rarely available for prior re- tant that managed care reform legisla- when they determine medical neces- view by the physicians or members of tion include an independent appeals sity. Linda Peeno had been a claims re- the plan. We have enough experience panel with no financial interest in the viewer for several HMOs and here is her from history to demonstrate the con- outcome. A fair process of review, uti- story: sequences of secretive, unregulated lizing clinical standards of care, guar- I wish to begin by making a public confes- systems that go awry.’’ antees that the decision of the review sion. In the spring of 1987, as a physician, I And after exposing her own trans- board is made without regard to the fi- caused the death of a man. gressions, she closed by urging every- nancial interests of either the doctor

VerDate Aug 31 2005 03:55 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00052 Fmt 7634 Sfmt 0634 J:\ODA15\MISCRE~1\1999\H27AP9.REC H27AP9 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 27, 1999 CONGRESSIONAL RECORD — HOUSE H2359 or the health plan. On the other hand, would have even given insurers the plicitly covered, most care is not spe- if the review board has to use the power to determine what evidence cifically defined in health plans be- health plan’s definition of medically would be relevant in evaluating claims cause of the number of procedures and necessary, there is no such guarantee. for coverage, and would have permitted the circumstances of their application, In response to the growing body of insurers to classify some coverage deci- which are limitless. case law and their own need to dem- sions as exempt from administrative In addition, by their very nature onstrate profitability to shareholders, review. many controlled clinical trials study insurers are now writing contracts that And I know, Madam Speaker, that treatments in isolation. They are con- threaten even this minimal standard of many of our colleagues who supported trolled studies, whereas physicians care. They are writing contracts in those bills last year had no idea of the need to know the benefits of one type which standards of medical necessity implications of the medical necessity of treatment over another. Prospec- are not only separated from standards provisions that were in those bills. Spe- tive, randomized comparison studies, of good practice but are also essen- cifically, insurers now want to move on the other hand, are expensive. Given tially not subject to review. away from clinical standards of care the enormous number of procedures Let me give my colleagues one exam- applied to particular patients, and they and individual circumstances, if cov- ple out of many of a health plan’s defi- want to move to standards linking erage is limited to only those that have nition of medically necessary services. medical necessity to what are called scientifically sound generalized out- This is from the contractual language population studies. On the surface this comes, care could be denied for almost of one of the HMOs that some of you may seem sort of scientific or rational, all conditions. And come to think of it, probably belong to: ‘‘Medical necessity but as a former medical reviewer my- Madam Speaker, maybe that is why means the shortest, least expensive or self who worked for many insurers, the HMOs are so keen on getting away least intense level of treatment, care large and small, let me explain why I from prevailing standards of care. or service rendered or supply provided, think it is critical that we stick with Third, Madam Speaker, the validity as determined by us.’’ medical necessity as defined by, quote, of HMO guidelines and how they are Contracts like this demonstrate that clinical standards of care, unquote. used I think is very much open to ques- some health plans are manipulating First, sole reliance on broad stand- tion. Medical directors of HMOs were the definition of medical necessity to ards from generalized evidence is not asked to rank the sources of informa- deny appropriate patient care by arbi- good medical practice; second, there tion they use to make medical deci- trarily linking it to saving money, not are practical limits to designing stud- sions. Industry guidelines generated by to the patient’s medical needs. So on ies that can answer all clinical ques- the trade associations representing the surface some would say, ‘‘Well, tions; and, third, most studies are not health plans ranked ahead of informa- what is wrong with the least expensive of sufficient scientific quality to jus- tion from national experts, government treatment?’’ tify overruling clinical judgment. documents and NIH consensus con- Let me give my colleagues one exam- Now let me explain these points in a ferences. The most highly ranked re- ple out of thousands. As a reconstruc- little more detail, and I also rec- spected source, medical journals, was tive surgeon before I came to Congress, ommend an article on these short- used by HMO directors less than 60 per- I treated children with cleft lips and comings by Rosenbaum in the January cent of the time. cleft palates. Clinical standards of care 21, 1999, edition of the New England And industry guidelines are fre- would determine that the best treat- Journal of Medicine. quently done by a group called ment is surgical correction. But under First, while it may sound counter in- Milliman and Robertson, a strategy this HMO’s contractual definition, that tuitive, it is not good medicine to sole- shop for the HMO industry. This is the plan could limit coverage to a piece of ly use outcome-based studies of med- same firm that championed ‘‘drive plastic to fill in that hole in the roof of ical necessity even when the science is through’’ deliveries and outpatient that kid’s mouth. After all, that plas- rigorous. Why is this? Well, it is be- mastectomies. Many times these prac- tic obturator would be cheaper than a cause the choice of the outcome is in- tice guidelines are not grounded in surgical correction. herently value laden. The medical re- science but are cookbook recipes de- viewer for the HMO is likely, as shown rived by actuaries to reduce health b 2030 by the above-mentioned contract, to care costs, plain and simple. However, instead of condemning chil- consider cost the essential value. But Let me give two examples of the er- dren to a lifetime of using a messy what about quality? rors of these guidelines. A National plastic prosthesis, the proper treat- As a surgeon I treated many patients Cancer Institute study released in June ment, reconstruction utilizing that with broken fingers simply by reducing found that women receiving outpatient child’s own tissue, will give that child the fracture and splinting the part. For mastectomies face, quote, significantly the best chance at normal speech and a most patients this would restore ade- higher, unquote, risks of being re- normal life. quate function. But for the musician hospitalized and have a higher risk of Paradoxically, insurers stand to ben- who needs a better range of motion surgery-related complications like in- efit from misguided legislative changes surgery might be necessary. Which out- fections and blood clots. In 1997 a study that displace case law. An example is come should be the basis for the deci- published in the Journal of the Amer- the legislation that passed this House sion about insurance coverage? Playing ican Medical Association showed that last year and the GOP bill in the Sen- the piano or routine functioning? babies discharged within a day of birth ate that would have granted insurers My point is this: Taking care of pa- faced increased risk of developing jaun- the explicit power to define medical ne- tients involves much individualization dice, dehydration and dangerous infec- cessity without regard to current and variation. Definition of medical tions. standards of medical practice. This necessity must be flexible enough to So there we have drive-through deliv- would have been accomplished by al- take into account the needs of each pa- eries and outpatient mastectomies. lowing them to classify as medically tient. One-size-fits-all outcomes make The objectivity of medical decision- unnecessary any procedures not spe- irrelevant the doctor’s knowledge of making requires that the results of cifically to be found necessary by the the individual patient and is bad medi- studies be open to peer review. Yet insurer’s own technical review panel. cine, period. much of the decision-making by HMOs Think of that, Madam Speaker. The Second, there are practical limita- is based on unpublished, proprietary, legislation that passed, the Republican tions on basing medical necessity on and unexamined methods and data. legislation that passed this House last what are called generalized evidence, Such secret and potentially biased year explicitly gave to the HMOs, the particularly as it applies to HMOs. guidelines simply cannot be called sci- ones that were abusing medical neces- Much of medicine is a result of collec- entific. sity in the first place, the ability by tive experience, and many basic med- Now that is not to say that outcome- legislative language to determine ex- ical treatments have not been studied based studies do not make up a part of actly what they thought medical ne- rigorously. Furthermore, aside from a how clinical standards of care are de- cessity should be, and the Senate bill handful of procedures that are not ex- termined, because they do. But we are

VerDate Aug 31 2005 03:55 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00053 Fmt 7634 Sfmt 0634 J:\ODA15\MISCRE~1\1999\H27AP9.REC H27AP9 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS H2360 CONGRESSIONAL RECORD — HOUSE April 27, 1999 all familiar with the ephemeral nature criteria a matter of plan design and Unless Federal legislation addresses of new scientific studies such as those structure, rather than implementation, this issue, patients will never be able on the supposed dangers of alar. we agree that a court cannot review to find out what criteria their health Now clinical standards of care do them.’’ plans use to provide care and external take into account valid and replicable So what does this all mean in lay- review. They will be unable to pierce studies in the peer reviewed literature man’s terms? Well, it means that a those policies and reach independent as well as the results of professional plan does not have to disclose the decisions about medical necessity of consensus conferences, practice guide- treatment guidelines or the protocols proposed treatment using clinical lines based on government-funded stud- it uses to determine whether or not a standards of care. ERISA will prevent ies, and guidelines prepared by insurers patient should get care, and further- courts from engaging in such inquiries that have been determined to be free of more, any treatment guidelines used too. The long and the short of the mat- any conflict of interest. But most im- by the plan would be considered part of ter is that, increasingly, sick patients portantly, they also include the pa- the plan design and thus are not re- will find themselves without proper tient’s individual health and medical viewable by the court. treatment and without any recourse. information and the clinical judgment The implications of this decision, To illustrate these dangers, let me of the treating physician. Madam Speaker, are, in a word, breath- give you a hypothetical case. Imagine a The importance of this issue, Madam taking. Jones v. Kodak provides a vir- plan that proudly states in its enroll- Speaker, cannot be over emphasized, tual road map to enterprising health ment materials that it has the best and it can be found in a recent decision plans of how to deny payment for medi- mental health benefits in the field, by the Tenth Circuit Court of Appeals. cally necessary care. The decision is a and, in fact, their benefit package in- In the case Jones v. Kodak, the name clear indication of why we need Fed- cludes longer inpatient mental health benefits than other area insurers. But Jones is particularly appropriate, I eral legislation to ensure that treat- the plan contracts with a managed might add, because after this decision ment decisions are based on good med- mental health care company who other health plans will rush to keep up ical practice and take into consider- states that inpatient admission is only with what their competitors are doing ation the individual patient cir- available if a person has unsuccessfully to the Joneses of this world. In any cumstances. attempted suicide three times. This event, in Jones v. Kodak the Tenth Cir- Under Jones v. Kodak, health plans fact is not made known to the em- cuit Court of Appeals showed how do not need to disclose to potential or ployer and it is not made known to the ERISA, the Employee Retirement In- even current enrollees the specific cri- employee, who, by the way, may not come Security Act, and a clever health teria they used to determine whether a have any option in terms of which plan plan can work in tandem to keep pa- patient will get treatment. There is no he chooses. tients from getting needed medical requirement that a health plan use So let us say an employee’s son swal- care. guidelines that are applicable or appro- lows a bottle of sleeping pills and is Now the facts are relatively simple of priate to a particular patient’s case. taken to the ER, where he is revived. this case. Mrs. Jones received health Despite these limitations, Jones com- Two days later the son tries to drink care through her employer, Kodak. The pels external reviewers to follow the Drano, but is caught by his mother be- plan covers in-patient substance abuse plan’s inappropriate treatment guide- fore ingesting any. The family calls the treatment when medically necessary. lines because to do otherwise would plan, asks for an inpatient mental Here we are, back at the medically nec- violate the sanctity of ERISA. And fi- health admission, but, using the ‘‘three essary issue again. The determination nally, plans following their own cri- tries’’ criteria, coverage is denied. as to whether a particular substance teria, no matter how misguided, are Unable to afford inpatient care them- abuse service is medically necessary is shielded from court review since, as the selves, the family returns home, hoping made by American Psych Management, court in the Jones case noted, this is a to keep a careful watch on this son, APM. plan design issue and is therefore not maybe to get him some outpatient American Psych Management re- reviewable under ERISA. counseling. But 3 days later, you know, viewed a request for in-patient sub- If Congress, through patient protec- three times a charm, the boy sneaks stance abuse treatment and found that tion legislation, does not act to address into the woods and, with a kitchen Mrs. Jones did not meet APM’s pro- this issue, many more patients will be knife, he slits his wrists and bleeds to tocol for in-patient mental health hos- left with no care and no recourse. death. pitalization. So the family pursued the Jones v. Kodak sets a chilling prece- What remedies would that family case further, eventually persuading the dent making health plans and the have? According to the court in the health plan to send the case to an inde- treatment protocols untouchable. The Jones case, none. The plan followed its pendent medical expert of the plan’s case in effect encourages health plans own criteria. The Jones decision makes own choosing for review. to concoct rigid and potentially unrea- it clear that the written criteria for The reviewer agreed that Mrs. Jones sonable criteria for determining when a medical necessity are considered part did not qualify for the benefit under covered benefit is medically necessary. of the contract, even if not disclosed to the criteria established by the plan. b 2045 that family, and, no matter how unrea- But he observed that, quote, these cri- sonable the criteria may seem to an teria are too rigid and do not allow for That way, they can easily deny care independent review panel, that body is individualization of case management, and cut costs, all the while insulated bound to decide the case based on unquote. In other words, the criteria from responsibility for the con- whether the plan followed its own defi- were not appropriate to Mrs. Jones’ sequences of their actions. nition of medical necessity. And even if condition. But his hands were tied. The For example, a plan could promise to the plan’s criteria for defining medical reviewer was unable to reverse APM’s cover cleft lip surgery for those born necessity is arbitrary and contrary to original decision. with that birth defect, but they could common medical practice, a court can- So, Madam Speaker, Mrs. Jones sued put in undisclosed documents that the not review that matter because it is an for the failure to pay the claim. In af- procedure is only medically necessary issue of plan design. firming the trial court’s decision to once the child reaches the age of 16; or Madam Speaker, the Jones decision grant summary judgment to the de- that coronary bypass operations are is an HMO road map on how to deny fendants, the Tenth Circuit Court of only medically necessary for those who medically necessary care at no risk, Appeals held the following: have previously survived two heart at- and Congress must pass legislation, ‘‘ERISA’s disclosure provisions do tacks. Logic and principles of good and the sooner the better, to ensure not require that the plan summary medical practice would dictate that that external reviewers are not bound contained particularized criteria for that is not sound health care, but this by the plan’s concocted definitions of determining medical necessity.’’ case affirmed that health plans do not medical necessity. Anything less than They also held: ‘‘The unpublished have to consider medicine at all. They that is a mockery of legislation prom- APM criteria were part of the plan’s can be content to consider only the ising patients an independent external terms. Because we consider the APM bottom line. review.

VerDate Aug 31 2005 03:55 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00054 Fmt 7634 Sfmt 0634 J:\ODA15\MISCRE~1\1999\H27AP9.REC H27AP9 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 27, 1999 CONGRESSIONAL RECORD — HOUSE H2361 Madam Speaker, I have introduced appropriate treatment, like laetrile for damages relief of my bill, would only legislation, H.R. 719, the Managed Care cancer, and the plan would want to increase premiums around 2 percent Reform Act, which addresses the very send the case to an external review over 10 years, and when Texas passed real problems in managed care. It gives that will back up their decision and its own liability law 2 years ago, the patients meaningful protections, it cre- give them an effective defense if they Scott & White Health Plan estimated ates a strong and independent review are ever dragged into court to defend premiums would have to increase just process, and it removes the shield of that decision. 34 cents per member per month to ERISA which health plans have used to When I was discussing this idea with cover the cost. Those are hardly alarm- prevent State court negligence actions the CEO of my own Blue Cross plan ing figures. The low estimate by Scott by enrollees who are injured as a result back in Iowa, he expressed support for & White seems accurate, since only one of that plan’s negligence. this strong external review. In fact, he suit has been filed against the Texas This bill has received a great deal of told me that Iowa Wellmark is insti- health plan since the law was passed. support and has been endorsed by con- tuting most of the recommendations of That is far, Madam Speaker, from the sumer groups like the Center for Pa- the President’s Commission on Health flood of litigation that the opponents tient Advocacy and the American Can- Care Quality and he did not foresee any predicted. cer Society and the American Academy premium increases as a result. Mostly I have been encouraged by the posi- of Family Physicians. It has received what it meant, he told me, was tight- tive response my bill has received, and strong words of support from groups ening existing safeguards and policies. think that this should be the basis for like the America Medical Association He also told me that he would support a bipartisan bill this year. In fact, the and multiple other organizations. a strong independent external review Hartford Courant, a paper located in Madam Speaker, we need to move system like the one in my bill, but, he the heart of the insurance country, ran this legislation. Every day that we cautioned, if we did not make the deci- a very supportive editorial on my bill wait, we have a similar circumstance sion and are just following the rec- by John MacDonald. to what happened to little Baby James. ommendation of the review panel, then Speaking of the punitive damages But I want to focus on one small aspect we should not be liable for punitive provision, McDonald called it ‘‘a rea- of my bill, specifically the way in damages. sonable compromise.’’ He urged insur- which it addresses the issue, the Em- I agree with that. Punitive damage ance companies to embrace the pro- ployee Retirement Income Security awards are meant to punish outrageous posal as ‘‘the best deal they see in a Act. and malicious conduct. If a health plan long time.’’ It is alarming to me that ERISA follows the recommendation of an inde- Madam Speaker, I include the full combines a lack of effective regulation pendent review board composed of med- text of the editorial by John Mac- of health plans with a shield for health ical experts, it is tough to figure out Donald for the RECORD at this point. plans that largely gives them immu- how they have acted with malice. So [From the Hartford Courant, Mar. 27, 1999] nity from liability for negligent ac- my bill provides health plans with a tions. Personal responsibility has been complete shield from punitive damages A COMMON-SENSE COMPROMISE ON HEALTH CARE a watchword for this Republican Con- if they promptly follow the rec- gress, and this issue should be no dif- ommendation of an external review (By John MacDonald) ferent. Health plans that recklessly panel. U.S. Rep. Greg Ganske is a common-sense deny needed medical service should be That, I think, is a fair compromise lawmaker who believes patients should have made to answer for their conduct. Laws on the issue of health plan liability. I more rights in dealing with their health plans. He has credibility because he is a doc- that shield entities from their respon- sure suspect that Aetna wishes they tor who has seen the runaround patients sibility only encourage them to cut had had an independent peer panel sometimes experience when they need care. corners. Congress created that ERISA available even with the binding deci- And he’s an Iowa Republican, not someone loophole, and Congress should fix it. sion on care when it denied care to likely to throw in with Congress’ liberal left My bill has a new formulation on the David Goodrich. Earlier this year a wing. issue of health plan liability. I con- California jury handed down a verdict For all those reasons, Ganske deserves to tinue to believe that health plans that of $116 million in punitive damages to be heard when he says he has found a way to make negligent medical decisions his widow. If Aetna or the Goodriches give patients more rights without exposing health plans to a flood of lawsuits that should be accountable for their actions, had had the ability to send the denial would drive up costs. but a winning lawsuit is of little con- of care to an external review, they Ganske’s proposal is included in a patients’ solation to a family who has lost a could have avoided the courtroom; but, bill of rights he has introduced in the House. loved one. The best HMO bill assures more importantly, David Goodrich Like several other bills awaiting action on that health care is delivered when it is might still be alive today. Capitol Hill, Ganske’s legislation would set needed. That is why my plan should be at- up a review panel outside each health plan Madam Speaker, I also believe that tractive to both sides. Consumers get a where patients could appeal if they were de- the liability should attach to the enti- reliable, quick, external appeals proc- nied care. Patients could also take their ap- ty that is making medical decisions. ess which will help them get the care peals to court if they did not agree with the review panel. Many self-insured companies contract they need. They can go to court to col- But Ganske added a key provision designed with large managed care plans to de- lect economic damages like lost wages to appeal to those concerned about an explo- liver care. If the business is not mak- and future medical care, and non-eco- sion of lawsuits. If a health plan followed the ing those discretionary decisions, they nomic damages like pain and suffering. review panel’s recommendation, it would be should not face liability, and that is a If the plan fails to follow the external immune from punitive damage awards in dis- provision in my bill. But if they cross review decision, the patient can then putes over a denial of care. The health plan the line and they determine whether a sue for punitive damages. also could appeal to the review panel if it particular treatment is medically nec- Health insurers, whose greatest fear thought a doctor was insisting on an untest- ed or exotic treatment. Again, health plans essary in a given case, then they are is $50 million or $100 million punitive that followed the review panel’s decision making medical decisions and they damage awards, can shield themselves would be shielded from punitive damage should be held accountable for their ac- from those astronomical awards, but awards. tions. only if they follow the recommenda- This seems like a reasonable compromise. To encourage health plans to give pa- tions of an independent review panel, Patients would have the protection of an tients the right care without going to which is free to reach its own decision independent third-party review and would court, my bill provides for both an in- on what care is medically necessary. maintain their rights to go to court if that ternal and external appeals process I have heard from insurers who say became necessary. Health plans that fol- that premiums will skyrocket. I think lowed well-established standards of care— that is binding on the plan, and an ex- and they all insist they do—would be pro- ternal review could be requested by ei- there is adequate evidence that that tected from cases such as the one that re- ther the patient or the plan. would not be the case. Last year the cently resulted in a $120.5 million verdict I foresee some circumstances where a CBO estimated a similar proposal, against an Aetna plan in California. Ganske, patient is requesting an obviously in- which did not include the punitive incidentally, calls that award ‘‘outrageous.’’

VerDate Aug 31 2005 03:55 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00055 Fmt 7634 Sfmt 0634 J:\ODA15\MISCRE~1\1999\H27AP9.REC H27AP9 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS H2362 CONGRESSIONAL RECORD — HOUSE April 27, 1999 What is also outrageous is the reaction of Let me be absolutely clear on this flict and that we do not have a strat- the Health Benefits Coalition, a group of point: The ERISA amendments in my egy to win the conflict. Therefore, this business organizations and health insurers bill would allow States to pass laws to continuing escalation of the aerial as- that is lobbying against patients’ rights in sault on the former Yugoslavia causes Congress. No sooner had Ganske put out his hold health plans accountable for their thoughtful proposal than the coalition issued actions. It would not allow States to a great deal of concern for our col- a press release with the headline: Ganske subject ERISA plans to a variety of leagues on both sides of the aisle. Managed Care Reform Act—A Kennedy-Din- health benefit mandates or additional Tomorrow, Madam Speaker, we are gell Clone? consumer protections. going to be asked to vote on one of sev- The headline referred to Sen. Edward M. Madam Speaker, there are other eral alternatives, including the War Kennedy, D-Mass., and Rep. John D. Dingell, pressing issues that require our prompt Powers Act resolution to withdraw our D-Mich., authors of a much tougher patients’ attention. In particular, the crisis in troops from the former Yugoslavia. A rights proposal that contains no punitive second alternative is to declare war damage protection for health plans. the Balkans is becoming a humani- The press release said: ‘‘Ganske describes tarian tragedy of unspeakable propor- against Yugoslavia, and a third option his new bill as an affordable, common sense tions. Congress should exercise its con- is an alternative that would have us approach to health care. In fact, it is nei- stitutional responsibility and decide say to the administration that no dol- ther: It increases health care costs at a time whether to authorize the use of ground lars can be expended for the insertion when families and businesses are facing the troops, and I am very pleased Congress- of ground troops unless the Congress biggest hike in health care costs in several has given its approval. man CAMPBELL will be bringing this to years.’’ Now, we all know, Madam Speaker, the floor tomorrow. There is no support in the press release for that these resolutions may or may not the claim of higher costs. What’s more, the However that vote turns out though, pass, but this administration will con- charge is undercut by a press release from we must not turn our backs on our own the Business Roundtable, a key coalition tinue on its course. They have not con- domestic problems. It would be irre- sulted with the Congress in the past; I member, that reveals that the Congressional sponsible of Congress to ignore the peo- Budget Office has not estimated the cost of do not think that is going to change. I Ganske’s proposal. The budget office is the ple that are being harmed daily by think we are going to continue to see a independent reviewer in disputes over the medically negligent decisions by HMOs movement that is aggressively pur- impact of legislative proposals. around the country. The need for suing the aerial campaign and eventu- So what’s going on? Take a look at the meaningful patient protection legisla- ally, perhaps, the insertion of ground coalition’s record. Earlier this year; it said it tion continues to fester every day. was disappointed when Rep. Michael Bili- troops. If that time comes, Madam rakis, R-Fla., introduced a modest patients’ b 2100 Speaker, we face some very dangerous rights proposal. It said Sen. John H. Chafee, And to repeat, Madam Speaker, I prospects. One only has to look at history to R-R.I., and several co-sponsors had intro- have recently heard that the leadership duced ‘‘far left’’ proposal that contains many understand how the Serbs stood up of the House is not going to allow de- extreme measures. John Chafee, leftist? And, against Hitler from the period of 1941 bate on patient protection until Octo- of course, it thinks the Kennedy-Dingell bill to 1945. Even though the Germans had ber at the earliest. Why the delay? We would be the end of health care as we know not only their 22 divisions but the help it. could move this in committee next of 200,000 Croatians, Slovenian and Bos- The coalition is right to be concerned month. We could bring this to the floor nian Muslim volunteer auxiliaries, about costs. But the persistent No-No-No before the August recess, and we they were able to repel Hitler, they chorus coming from the group indicates it should. The clock is ticking, Madam wants to pretend there is no problem when were able to retain the control of their doctor-legislators and others know better. Speaker, and patients’ lives are on the land and, in fact, in the end, they won This week, Ganske received an endorse- line. a victory. ment for his bill from the 88,000-member Madam Speaker, I look forward to Now, I am not saying that if we get American Academy of Family Physicians. working with all of my colleagues to involved in a direct confrontation with ‘‘These are the doctors who have the most see that passage of real HMO reform contact with managed care,’’ Ganske said. Serbia that we cannot win. Make no legislation is an accomplishment of the mistake about it, we can. We have the ‘‘They know intimately what needs to be 106th Congress that we can all go home done and what should not be done in legisla- finest fighting force in the world, and tion.’’ and be proud about. I urge my col- with the help of our NATO allies, I am Coalition members ought to take a second leagues to cosponsor H.R. 719, the Man- sure we could prevail, but it would not look. Ganske’s proposal may be the best deal aged Care Reform Act of 1999. be without cost. Furthermore, Madam they see in a long time. f Speaker, what really concerns me is Madam Speaker, it is also important ALTERNATIVE SOLUTIONS FOR the position that perhaps we will put to state what this bill does not do to SOLVING THE CONFLICT IN the Russians in. ERISA plans. It does not eliminate KOSOVO Russia has already indicated it will ERISA or otherwise force large not honor our naval blockade that is multistate health plans to meet the in- The SPEAKER pro tempore. Under designed to prevent additional oil sup- dividual consumer protection and ben- the Speaker’s announced policy of Jan- plies from getting into Serbia to resup- efit mandates of each State. This is a uary 6, 1999, the gentleman from Penn- ply the military and the economy. Rus- very important point. sylvania (Mr. WELDON) is recognized for sia could be put into a position where Just last week I had representatives 60 minutes. it is asked to protect the resupply ef- of a large national company, Mr. WELDON of Pennsylvania. forts to get food and necessary mate- headquartered in the upper Midwest, in Madam Speaker, I rise this evening to rials into Serbia. In either of those my office. They urged me to rethink continue the discussion on the situa- cases, we set up a situation where the my legislation because, they alleged, it tion that we face in Kosovo, and what United States and Russia could come would force them to comply with the I think is an historic opportunity that into direct conflict, perhaps even hos- benefit mandates of each State and hopefully we have not yet missed to tile action, our troops against theirs, that the resulting rise in costs would solve that crisis without putting our the NATO troops against the Russians force them to discontinue offering troops into further harm’s way. and the Serbs. That would be cata- health insurance to employees. In fact, today, Madam Speaker, the strophic. Again, not because I do not Frankly, Madam Speaker, I was President called up 2,116 military re- think we would win that battle, be- stunned by their comments, because serve troops to active duty and author- cause I think we would. But the toll their fears were totally incorrect and ized 33,000 reservists to be called up in that it would take in loss of life and misplaced. It is true that my bill would the near future. The air war continues, the ending result of us then having to lower the shield of ERISA and allow the bombing and the destruction con- control the former Yugoslavia and par- plans to be held responsible for their tinues, yet the resolve of the Serbs tition it and the extensive amount of negligence; but, Madam Speaker, it seems to also continue with no end in investment that we would have to would not alter the ability of group sight. make leads me to believe that that is health plans to design their own bene- Many of us are concerned that we do not the right course for us to be tak- fits package. not have a solid plan to end the con- ing.

VerDate Aug 31 2005 03:55 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00056 Fmt 7634 Sfmt 0634 J:\ODA15\MISCRE~1\1999\H27AP9.REC H27AP9 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 27, 1999 CONGRESSIONAL RECORD — HOUSE H2363 Madam Speaker, there is an alter- gional coalition, the Agrarian faction gether, to try to find a common conclu- native. Almost one month ago I first and even the LDPR faction, which is sion and a successful conclusion to the proposed that alternative. In fact, in the Liberal Democratic party of Vladi- hostilities in Kosovo. the first week of April I sent out ‘‘Dear mir Zhirinovskii. The Russians agreed In fact, Madam Speaker, the fol- Colleague’’ letters and a press release to that. lowing week I called the Director of calling for this administration to in- Over the past five years, we have had the Central Intelligence Agency, volve the leadership in Russia in a numerous face-to-face meetings with George Tenet, and in a phone conversa- more direct way, to get the Russian our Russian counterparts in Moscow tion I briefed him about the offer made government and the Russian officials and in Washington. Time and again we by the Russians that we begin serious to help us bring Milosevic to the table. have discussed difficult issues, trying discussions. Also that week, Madam I felt very simply that Russia owed us to find common ground. Many times we Speaker, I talked to Ambassador Steve that, partly because we are putting al- have found areas where we can agree. Sestanovich who works directly for most $1 billion a year into Russia’s Sometimes we found areas that we can- Deputy Secretary of State Strobe economy, all of which I support. We are not agree. But we have developed a Talbott. Sistanovic has been a friend of providing food supplies to the Russian friendship and relationships that allow mine for some time involved in Russian people. But I also think with that aid us to discuss difficult issues with a issues, and he was someone who now comes a responsibility for Russia to as- feeling of mutual respect and admira- has the responsibility for affairs in the sist us in bringing Milosevic and the tion. former Soviet States. Serbian leadership to the table so that So it was not surprising to me, I said to Dr. Sestanovich, I told him we can try to find a way to end this Madam Speaker, that over three weeks about our discussions between the Rus- conflict short of an all-out ground war. ago senior leaders from the Russian sians and myself, the exchange of com- Interestingly enough, Madam Speak- Duma would approach me as they did, munications, the telephone conversa- er, the Russians agree with us. In fact, ask me to begin a dialogue of possible tions we had, and I had further discus- Madam Speaker, Russia has made over- ways to avoid the escalation of the sions on an ongoing basis that weekend tures to us that they would like to pro- Kosovo conflict and to also find ways with one of his top assistants, Andre vide the assistance of both the govern- to try to bring an end to the situation Lewis. The whole purpose, Madam ment and the parliamentarians to help on the terms established by our coun- Speaker, was to let the administration bring Milosevic to understand that this try and NATO. know that my discussions with the conflict must end and that he must Now, I was surprised, Madam Speak- Russians were meant to provide a con- agree to world opinion and the NATO er, because I said to my Russian structive role in trying to find a way guidelines that have been established friends, send something to me in writ- out of this conflict, a way that would to allow the Kosovar people to return ing, over three weeks ago. These are allow the Russians to use their signifi- to their homelands, to withdraw his the three foundations that they said cant leverage to allow us to find a solu- troops, to agree to the ability of the they thought could be the basis of fur- tion in terms of the Kosovo crisis. Kosovar people to live without fear and ther discussion to resolve the conflict Also that week, Madam Speaker, I intimidation and without the ethnic in Kosovo. Number one, that Russia approached two Members of Congress. cleansing that has occurred, and to would guarantee that there would be Neither of them were Republicans. allow the establishment of a multi- no more ethnic cleansing in Kosovo or They were both Democrats, and they national ground force to monitor com- the former Yugoslavia. Number two, are good friends of mine, people who I pliance with the peace agreement. that Serbia must agree to all NATO trust and admire, and people who I In fact, Madam Speaker, I did two conditions, including the presence of know are also trusted by the adminis- special orders on April 12 and 13 where international troops in the former tration: The gentleman from Maryland I outlined in great detail my concerns Yugoslavia. Russia, however, suggested (Mr. HOYER) and the gentleman from about the conflict and the need to get that the force be comprised primarily Pennsylvania (Mr. MURTHA). Russia involved. Well, Madam Speaker, of countries not directly involved in we have had that opportunity and I the bombing of the former Yugoslavia, b 2115 want to outline that in detail tonight. a point that I do not disagree with. The The gentleman from Maryland (Mr. Over three weeks ago I was contacted troops would agree to stay in Kosovo STENY HOYER) is my counterpart and by my friends in the Russian Duma. As for at least a period of 10 years. And colleague in the Russian Duma-Con- my colleagues know, five years ago I number three, the Russians proposed gress initiative. He and I travel to Rus- asked for the support of then Speaker the establishment of an inter- sia together. He and I host the meet- Gingrich to approach the Russian parliamentary group that would in- ings with the Duma deputies when they Speaker, Seleznyov on the day that he clude the United States, Russia, and come to Washington. was sworn into the Speaker’s position NATO countries to be formed to help I went into the discussion with each to propose the establishment of a new monitor compliance with all agree- of them about my efforts, and asked direct relationship between the par- ments. And, working together, this them to make contact with the admin- liaments of our two nations, the Rus- group would cooperate with the offices istration to let the administration sian Duma and the American Congress. of the United Nations. know my purpose. The gentleman from The Russian side accepted and Speaker Madam Speaker, these initiatives Maryland (Mr. HOYER) said he would Gingrich and Minority Leader GEP- and these ideas were proposed over talk to Secretary Talbott, and the gen- HARDT also accepted, and for one year, three weeks ago by senior Russian par- tleman from Pennsylvania (Mr. MUR- working with my counterpart in the liamentarians. Immediately after I re- THA) said he would try to talk to the Russian Duma Vladimir Luhkin, the ceived this overture, so as not to con- President and/or Sandy Berger. chairman of the International Affairs vey the impression that I was somehow I took each of them at their words, Committee and former Ambassador operating out of the bounds of the Gov- and I am sure they did that, even from the Soviet Union and Russia to ernment of the United States, I called though I heard nothing from either the U.S., we met and established the the Vice President’s top National Secu- Sandy Berger nor from Deputy Sec- parameters for our meetings. I made it rity Adviser, Leon Fuerth. I briefed retary Strobe Talbott. crystal-clear that in all of our discus- him on what the Russians had pro- The discussions with the Russians sions with the Russians, all the fac- posed. In discussions with him, it was continued, however, Madam Speaker, tions, all of the political factions in agreed that I should call Carlos throughout that week and the weekend Russia must be involved. Not just the Pascual from the National Security until finally the first Deputy Speaker mainstream factions like the Our Council at the White House. I did that. of the Russian Duma, a good friend of Home Russia party, the Yabloko party, I sent each of these men letters out- mine, Vladimir Ryshkov, contacted me and the People’s Power party, but also lining what the Russians had said, by telephone and made a verbal offer. the Communists who in fact control what I responded, and the fact that I He said, Congressman, I think the majority or the largest sector of was going to engage the Russians to through our discussions that we may the Duma in terms of votes. The re- try to find some way to bring us to- have an opportunity to find common

VerDate Aug 31 2005 03:55 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00057 Fmt 7634 Sfmt 0634 J:\ODA15\MISCRE~1\1999\H27AP9.REC H27AP9 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS H2364 CONGRESSIONAL RECORD — HOUSE April 27, 1999 ground. He said, I would like you to Speaker of the Duma, Gennady try to find a way to reach common bring a delegation of Republicans and Seleznyov, the Communist party leader ground. Democrats to meet with a delegation of who has the largest number of votes in Sandy Berger never returned my Russian leaders in a neutral country. the Duma, and he would in fact be able phone calls, and neither did Strobe He suggested that we meet in Hungary, to represent that faction. Talbott, until I went to the gentleman in Budapest. The fourth member of the delegation from Maryland (Mr. HOYER) again and I He said, in having one day of discus- was Mr. Greshin, a member of the Peo- said to my good friend and colleague, sions, that that could be followed, as- ples’ Power faction, a very respected can you help us get a face-to-face suming we were in agreement, with a member of the Duma. meeting with Strobe Talbott? He said, prearranged trip to Belgrade, where we The fifth member would have been I have talked to him. You need to call would meet firsthand, directly, face-to- Sergei Konovalenko, the chief protocol him. face with Milosevic to try to convince officer of the Russian Duma and a good On Thursday, after I had briefed the Milosevic that Republicans and Demo- friend of mine. gentleman from Illinois (Speaker crats and Russians across the spectrum That was the delegation, Madam DENNY HASTERT) in the morning and were united in the understanding that Speaker, a solid group of progressive asked for his cooperation, the response Milosevic must agree to NATO’s terms, Russian leaders, not the hardline peo- of the gentleman from Illinois (Speak- and that it was in Serbia’s best inter- ple that we have heard so much about er HASTERT) was that he was sup- ests to come to the table and agree in the past; not the people that Yeltsin portive, but that I should keep working with the position taken by our govern- referred to in the Duma as thugs and with the administration, and I told him ments and the NATO governments. rogues, and not the people that we that I was. I said to first Deputy Speaker have heard in the West have been About 12:30 on Thursday, I finally Ryshkov, I said, Vladimir, I want to trivialized as nonplayers. reached Strobe Talbott, and Deputy you to do five things for me before I These are the future of Russia, good, Secretary Talbott said, I will meet will even raise this issue with the lead- solid leaders that want the same thing with you today. I said that I wanted to ership in the country and in the Con- that we want in America: a stable bring the gentleman from Maryland gress. country, stable economic growth, free (Mr. HOYER) with me. I said, number one, I want to you to democracy, and a closer, stronger rela- About 1 o’clock we traveled down to put that request in writing. Give me a tionship with the U.S. the State Department and had a sand- letter from you, as the First Deputy The third request was for the date wich with the Deputy Secretary of Speaker, asking me to arrange such a and time certain for the meeting with State, and for about 11⁄2, Madam Speak- meeting. Milosevic. The Russians got that assur- er, the gentleman from Maryland (Mr. Number two, give me a list of the ance from Milosevic’s top aide. We STENY HOYER) and I met with Strobe Russian delegates, the Duma deputies were to have met face-to-face with Talbott and three of his senior staff ex- and party leaders who would be a part Milosevic yesterday, Monday, at 1 p.m. perts on Russia to discuss the initia- of the Russian side of this effort. in Belgrade. The Russians told me that tive in detail. Number three, give me a date certain they would not go into Belgrade, did I went through all the background. I and an exact time when we would meet they not have that commitment to talked about the purpose, that we were as a delegation face-to-face with meet face-to-face with Milosevic. not going to Belgrade to negotiate be- Milosevic in Belgrade. The fourth request was to meet with cause we were not representatives of Number four, get me a meeting with our POWs. The Russians certified to the administration, we are not Secre- our POWs, so that we can tell whether me that Milosevic had agreed with that taries of State. That was never our in- or not they are safe and whether or not request. We would have been the first tent, and that would never be our de- they are in good health. body, even prior to the Red Cross, to sire. And number 5, travel with me, the meet with our POWs to make sure they We were there to present a common, entire Russian delegation, and the were okay and to let them know that unified front, Russian elected officials, American delegation to a refugee camp we had not forgotten them. American elected officials, in soli- of our choice in Macedonia, under the The last request was also agreed to. darity to Milosevic saying that this supervision of our military, so that you That was to have the five Russian lead- must end, and he must understand that can see with us the horror and the ter- ers travel with us to a Macedonian ref- as individuals who both supported the rible atrocities that have been com- ugee camp of our choice. In fact, I con- President and opposed the President, mitted by Milosevic and the Serbs on sulted with the State Department to we now felt it important to give him the people of Kosovo. obtain the location of the two most one last chance to find a way to peace- On Wednesday of last week, Madam dramatic refugee camps, to let the Rus- fully resolve this situation, or we Speaker, Ryshkov wrote back to me sians see the terrible problems that would go back to America and use our and agreed to all five requests that I Milosevic has brought to bear on the collective voices to bring every ounce made. He put the request in writing. He people of Kosovo. of energy we had in finding ways to identified the Duma deputies that The Russians agreed to all of those solve this situation militarily. would be involved in these discussions. issues. In fact, we were set up to do After the briefing, Deputy Secretary It was an historic group: Ryshkov this this past weekend. We would have of State Talbott responded that he did himself, a member of the Nash Dom left the theater by going back to Sofia, not think it was a good idea, and he faction, the party leader for Bulgaria. The American side would gave us two reasons. He said, first of Chernomyrdin’s own party. have come back to Washington. The all, I am concerned for your safety. I The second member was Luhkin, a Russians would have gone to Moscow. responded, Mr. Secretary, I am con- leader in the Yablako faction, a main- The following week we would have met cerned for my safety, as well. I would stream pro-west faction. In fact, in Washington to continue our discus- not do something that I felt inside of Luhkin said it would have been the sions, a good-faith effort on the part of me was going to endanger my own life, first time ever that the Yablako fac- the Russians to find common ground. let alone the lives of my colleagues. tion would insert itself into the issue Madam Speaker, all last week I could I felt confident, I told him, that the of Yugoslavia, but they thought it was not get an answer from the administra- Russians, in going with us, along with so important that they engaged with us tion. I called Sandy Berger three times. one of the senior advisers to Milosevic in the Congress on this issue that he I told his staff what I wanted. I said I on the bus ride from Hungary, from Bu- would come himself for these meetings, had briefed the administration, I had dapest down to Belgrade, would in fact both in Budapest as well as in Bel- briefed the CIA, I had briefed the intel- make sure we were protected. And by grade. ligence community, I had briefed the having the U.S. Army as our escort, we The third member of the delegation State Department, I had briefed the knew full well that our military would would be sharp an off, a senior Com- White House. I have not told any Re- be briefed as to our whereabouts. munist leader who would have the ear publicans. This is a good-faith effort The second issue that was raised by and would have the support of the that I have gone to Democrats with to Deputy Secretary of State Talbott was,

VerDate Aug 31 2005 03:55 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00058 Fmt 7634 Sfmt 0634 J:\ODA15\MISCRE~1\1999\H27AP9.REC H27AP9 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 27, 1999 CONGRESSIONAL RECORD — HOUSE H2365 well, we think Milosevic may try to press conference. Several members of behalf of Secretary Albright. In fact, use you in this very laudable effort. the President’s party stood up and we are doing what Strobe Talbott sug- I said to Deputy Secretary Talbott, praised president Kuchma for coming gested in our meeting on Thursday was well, how would he use us? He said, to Washington for the NATO summit, proper and appropriate, and that is well, he may try to say things that to be a part of the partnership for continuing a dialogue with our Russian really are not your intent. My response peace effort. colleagues in the Duma. was, Mr. Secretary, I have been in poli- One of my colleagues praised presi- The dialogue will focus on whether or tics for 20 years. I understand that peo- dent Kuchma and said this, that Presi- not we, as Americans, Democrats and ple try to use other people in politics. dent Kuchma and Ukraine are to be Republicans, and Russians of the seven We were not naive. commended because they understand major factions in the Duma, can come And in fact, Milosevic only had one the role that America is taking, and together in a common solution that TV station operating. I said, how much they support the effort to try to find a Russia can live with and that Russia spin can Milosevic create on our visit solution to this crisis. feels they can convince Milosevic to to Belgrade, when we were going to fol- It is interesting, Madam Speaker, accept and, at the same time, an agree- low that visit by taking five of the sen- that when President Kuchma spoke, he ment that retains the dignity and the ior leaders of the Russian political par- gave his vision for a solution to the respect of NATO and our government. ties to a refugee camp where hundreds Kosovo crisis, which I will include in Madam Speaker, I think that is pos- of western media, cameras, and report- the RECORD. sible. I see the real difficult issue right ers could photograph an interview, sen- The material referred to is as follows: now not in getting the Russians to ior Russian officials holding the chil- REMARKS BY PRESIDENT LEONID KUCHMA agree that NATO’s initiatives, its 5- dren of Kosovo refugees, speaking to point plan, should be agreed to. The the wives and daughters of husbands, Congressman Oberstar, Congressman Lan- tos and members of the press: I am delighted Russians have already said that they fathers, sons and brothers who have to be here with you today and honored to re- understand the need for NATO to play been massacred by Milosevic? ceive the distinguished leadership award that key role. Far better would we have had the from the International Management and De- The key issue for the Russians and western media report on our effort by velopment Institute. Since my election I for Milosevic and the Serbs is their that visit of the senior Russian offi- have made it my goal to ensure that Ukraine contention that the multinational cials than to worry about somehow becomes and is recognized as an important ground force that is put into place to Milosevic misinterpreting our attempt partner in the global community in all facets enforce the agreement should not in- including security, trade and cooperation. in going to Belgrade. clude any ground troops from those In fact, Madam Speaker, because Our close relations with the United States and Europe are particularly important dur- countries that are currently bombing Strobe Talbott saw that he could not Serbia. Obviously, that includes the convince me of his position, we ended ing this difficult time. I have recently put forth a peace plan that U.S. and Great Britain, because our 1⁄2 hours with our conversation after 1 calls for all sides to cease military action, a two nations are flying almost 90 per- him telling me that he would take the withdrawal of all Serbe security forces and a cent of the bombing sorties in the request of support to both Sandy return of displaced persons under inter- former Yugoslavia. Berger and to Secretary of State Mad- national supervision and protection. I am Now, Madam Speaker, personally, I eleine Albright; that he was about to committed to working with all parties in- do not have a problem with that. In go into a meeting with the President, volved in the Balkan crisis including the United States and Russia to ensure a speedy fact, I think it is the right thing to do. and he would meet with them prior to If Britain and America are completing that meeting, and would call us back and just resolution. I would like to express 90 percent of the bombing sorties, I Thursday evening. my confidence that we will continue to be partners in peace. think it only fair that the multi- I had to move on this issue, Madam Thank you. Speaker, because we were scheduled to national force on the ground should be leave on Saturday, if it was to come President Kuchma from the Ukraine made up primarily of European coun- about. On Thursday night we got the had exactly the same solution proposed tries, and, in this case, NATO coun- 1 word back from the State Department by the Russians 3 ⁄2 weeks ago that was tries. Now, the Russians have even gone so that it was the feeling of Secretary praised by members of the President’s far as to suggested where some of those Albright and Strobe Talbott and Sandy own party at the press conference on Berger that we should not go to meet Friday afternoon. troops might come from. They sug- with the Russians, that we should not Very upset by the fact that we had to gested Greece, the Netherlands, Po- seize the opportunity to find a peaceful cancel or postpone the trip to meet land, and Albania. They even suggested way to resolve this crisis. with the Russians, over the weekend I Russia itself would put troops in, if I was extremely upset and frustrated. continued to have a dialogue with my that be our desire. The key issue for us On Friday morning I held a press con- Russian colleagues. is convincing the Russians and having them convince the Serbs and Milosevic ference and announced the fact that I b 2130 had called the Russians and told them that the oversight of that inter- that we were postponing our trip, much Deputy Ryshkov came back and said national peacekeeping effort must in- to our dismay. The Russians were dev- he still had a desire to meet. I said that volve NATO and must involve the U.S. astated. I thought that was something we Madam Speaker, we have an oppor- In fact, Ryshkov had a press con- should do, and on Monday morning of tunity to resolve this crisis without ference, Luhkin had a press conference this week, yesterday morning, I pro- further bloodshed. I was hoping, and talked about the initiative, and posed that this week we meet again; Madam Speaker, that we would not talked about the willingness of the that this time we meet in a European have to vote tomorrow on these resolu- Congress, Democrats and Republicans, capital, perhaps Vienna, perhaps Sofia, tions, because they are not the kind of to try to find common ground to end but a capital that is from a nonaligned resolutions that are constructive in this conflict without additional Amer- area where both our Russian friends this debate. I was hoping, and I pro- ican bloodshed, as well as bloodshed and Americans, of both Republican and posed to our leadership and I am going from other nations. Democrat persuasions, can come to- to propose to the Committee on Rules, It was interesting, Madam Speaker, gether and see if we cannot find com- as I did to the Committee on Inter- that I was scheduled at noon on Friday mon ground. national Relations today, that tomor- in advance to host the President of Madam Speaker, that meeting will row we postpone the actual vote on Ukraine for lunch. President Kuchma take place on Friday, and at this point these resolutions until next week, to was in town, and as a leader of the in time I believe it will be held in Vi- give a delegation of this body a chance Ukrainian American initiative, I had enna. We will meet in a frank and can- to reach out with our Russian col- agreed with eight of my colleagues to did manner, informally. We are not leagues to see whether or not we can host him in the lunchroom downstairs. representing the U.S. Government. We come to agreement on a common agen- We did that, and following the lunch- are not negotiating on behalf of this da for peace that maintains and retains eon we went to an adjacent room for a President. We are not negotiating on the dignity of NATO and the United

VerDate Aug 31 2005 03:55 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00059 Fmt 7634 Sfmt 0634 J:\ODA15\MISCRE~1\1999\H27AP9.REC H27AP9 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS H2366 CONGRESSIONAL RECORD — HOUSE April 27, 1999 States, and also allows Russia to play ployment of Strobe Talbott to Moscow the basis that all of us who are con- that critical role in leveraging over the weekend, where he has held sumed by this issue virtually daily now Milosevic and the Serbs to come to the meetings with Chernomyrdin. may be very familiar with the terms of table. What I am saying, Madam Speaker, our discussion, the terms of our dia- I am confident that we can do that, is that this Congress can play and logue, perhaps even the context within Madam Speaker, because I understand should play a legitimate role. We have which we hope a dialogue will be tak- the intensity of the Russians in their an opportunity that we must not let ing place not only in the Congress but conversations with me. And I under- pass by, and I would ask our colleagues perhaps internationally as well; but stand the fact that they are talking to to rise up with one voice to both Demo- not all of our colleagues necessarily some of Milosevic’s most senior advis- crat leaders and Republican leaders may be familiar with all the terms and ers, people who are helping to fund his and say the time for partisanship is the individuals, all the particular con- regime in Belgrade, people who are over. We have a bipartisan oppor- texts, and certainly those who may re- supporting him politically. They now tunity, with Democrats and Repub- view the record and hear us speaking have come to the belief that we have to licans working together, to reach out may not be entirely familiar. So what find some common way out of this situ- to our colleagues in the Duma of all I would like to do, if it is all right with ation, short of a continuation of this factions and find common ground to let the gentleman from Pennsylvania, is massive aerial assault and, eventually, the Russians exert their leverage over perhaps engage him in a bit of discus- the insertion of American and allied Milosevic to end this crisis in a peace- sion that will, hopefully, illuminate troops in what will be a costly and ful way. some of the details. bloody ground war. I see my good friend and colleague Mr. WELDON of Pennsylvania. Abso- Madam Speaker, we should not lose has arrived. He was one of those that I lutely. this opportunity. The Russians have first went to last week after I went to Mr. ABERCROMBIE. I think it is come to the table. I think we should the gentleman from Maryland (Mr. crucial for us to understand that this is take them up on this initiative. HOYER) and the gentleman from Penn- not some kind of, even if it is bipar- Now, some would say, wait a minute; sylvania (Mr. MURTHA). The third Dem- tisan, it is not some kind of a bipar- on Saturday Chernomyrdin was sent to ocrat that I approached was the gen- tisan rump group that may have sud- Belgrade to discuss with Milosevic the tleman from Hawaii (Mr. NEIL ABER- denly come together in an ad hoc way, terms of a possible settlement. We wel- CROMBIE). He had just returned from attempting to substitute itself for ei- comed that, Madam Speaker. That was Kosovo. He knew the situation first- ther the State Department or the ad- critically important. And, in fact, hand. I value his judgment and his re- ministration or, for that matter, the when I talked to Ryshkov I asked spect among his colleagues, not just on will of the Congress. about that, and he said that his side but in the entire Congress. I think that is an accurate state- Chernomyrdin was entirely supportive I wanted the gentleman from Hawaii ment, and we need to flesh it out a lit- of the efforts of the Duma to work with involved. Along with the gentleman tle bit in order to make clear that that us to continue to explore common from Hawaii, I approached the gen- kind of an accusation or that kind of a ground. In fact, he also said that not tleman from Illinois (Mr. ROD conclusion that someone might draw only was Chernomyrdin supportive, but BLAGOJEVICH), and I did so because the superficially is inaccurate. also supportive of the leader of the Chicago Democrat is the only one I The reason I say that it is inaccurate Communist faction Seleznyov; an unbe- know of with an ethnic Serbian herit- is there not a Duma-Congress working lievable opportunity to bring all the age. I felt it was critically important group formally established between the factions together to try to find a com- to have him involved in this effort as Congress of the United States, the mon solution. well. And I also approached the gen- House of Representatives for certain, Those who follow Russia understand tleman from New York (Mr. MAURICE and members of the Duma that actu- that Yeltsin right now is very unpopu- HINCHEY) because he had accompanied ally has a working relationship which, lar. His popularity in Russia is below 10 me on a trip to Russia in December and in fact, has been taking place over percent. He only hangs onto his title I was impressed with his willingness to some period of time now, not only in but does not enjoy the broad-based sup- work with the Russians. Russia but in the very halls of the Con- port of the Russian people. Our admin- These were the five Democrats I ap- gress. istration, Madam Speaker, has been proached, Madam Speaker, before I ap- Mr. WELDON of Pennsylvania. In working for the last 7 years and up proached even one Republican. This fact, the gentleman is absolutely cor- until this day with the Yeltsin govern- was an attempt at bipartisanship, and I rect. As I mentioned at the outset, this ment, with Chernomyrdin. Our initia- hope that we can continue to build mo- initiative was supported initially by tive does not just stop with the Yeltsin mentum, to show the world that we do both Speaker Gingrich and the minor- government. We bring in all the other not want this to end up in war but we ity leader, the gentleman from Mis- factions: the Communist faction, the do want to resolve this conflict peace- souri (Mr. GEPHARDT), and has had the Yablako faction, the Nosh Dom fac- fully. highest support of the senior leadership tion, the People’s Power faction, the Madam Speaker, I yield to my good of the Russian Duma, Speaker agrarians, the regional faction, and friend and colleague from Hawaii. Seleznyov. There was an exchange of even the LDPR, and we present a Mr. ABERCROMBIE. Madam Speak- letters and a formal process estab- broad-based coalition of the future of er, I thank the gentleman very much, lished. Russia. Not the past of Russia, not the and I particularly want to at this time The gentleman from Maryland (Mr. Yeltsin government, which is on its commend the gentleman from Pennsyl- HOYER), is the Democrat co-chair; I am way out this year, but the future of vania (Mr. WELDON), although I know the Republican co-chair. We have met Russian government, those parties he never looks for that kind of appro- on a regular basis, twice a year, once in from where the leadership of Russia bation because he is devoted to his Russia, once in this country, and we will come in the elections to be held duty here in the Congress of the United have discussed serious issues that in later this year. States, but, nonetheless, I want to in- some cases are really issues involving Our goal is to engage that new group dicate the great affection and personal our two foreign affairs agencies in op- of leaders to find a way that we can regard I have for him, not only on the erations or issues involving the presi- come together that retains the dignity basis of his commitment to his duties dents. of NATO and the dignity of our govern- but on the basis of his commitment to Our role has never been to try to give ment. This was not, in any stretch of us here in the Congress and trying to the impression that we were speaking the imagination, an attempt to under- resolve this issue in a manner that can for anyone other than ourselves in that mine the hard work being done by this be seen as honorable by all parties con- relationship. administration. And I applaud the ef- cerned. Mr. ABERCROMBIE. So the individ- forts that are now underway and the I would like to enter, Madam Speak- uals involved here have been those who recent visit, after our meeting on er, into a little bit of a dialogue with have expressed an interest in trying to Thursday with Strobe Talbott, the de- the gentleman from Pennsylvania on take up the challenge that has been

VerDate Aug 31 2005 03:55 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00060 Fmt 7634 Sfmt 0634 J:\ODA15\MISCRE~1\1999\H27AP9.REC H27AP9 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 27, 1999 CONGRESSIONAL RECORD — HOUSE H2367 presented to us with the ending of the tionship that, if I remember correctly, I am at one and the same time Rus- Cold War in order to establish relations just this year had over in the Rayburn sia’s strongest critic on proliferation, between Russia, not the former Soviet Building a formal meeting complete on transparency, on strategic relation- Union, but Russia and the Newly Inde- with simultaneous translators and ships. But I also consider myself their pendent States with the United States minutes being kept of exchanges be- best friend. of America in a manner and in a con- tween the Duma and Members of the The Russians believe in strength, text which will help to establish not United States Congress. consistency, and candor. When we are only peaceful relations but relations Mr. WELDON of Pennsylvania. strong with them, when we are con- which will help to bring stability. Madam Speaker, in fact, I would tell sistent, and when we are candid they Mr. WELDON of Pennsylvania. In my colleague not only is he true and want to work with us. Our relationship fact, I would say to the gentleman that correct, but when I led a delegation in with the Russians has been built on not only is that the case and that that December to Moscow for our part of that. And the reason why this is so has been our mission, I can provide for the exchange, we were the first western critically important gets back to that the record to any Member who would Democratic parliament to be taken first series of phone calls that were so choose, statements from former Sec- into the Duma chambers while they made to me. retary of Defense Perry, current Sec- were in session, not something that Our Russian friends, the pro-Western retary of Defense Cohen, current Am- would never happen in this body be- leaders, were pleading with me saying, bassador for the U.S. in Moscow, Jim cause of our House rules. ‘‘CURT, you have to understand what is Collins, and a whole host of other peo- The Speaker of the Duma who was happening here. We have not seen the ple who have issued praise for the work conducting this session with the Duma hostility toward America this bad that we have undertaken in building members in attendance, and they seat since pre-1991. We are hearing people in long-term, more stable relationships 450 in that auditorium, saw us up in the the Duma who have been our friends because of our efforts. balcony, stopped the proceedings, and say nasty things about America and In fact, when the gentleman from announced that up in the balcony were are driving us to support the national- Maryland (Mr. HOYER) and I met with the Democrat and Republican Members ists who are calling for more aggressive Strobe Talbott, he spent 10 minutes of of the American Congress who were action on Russia’s part.’’ that discussion praising us for the working together with the Duma depu- They said, ‘‘You have to understand work that we have been doing, telling ties to find common solutions to com- America. We are going to have our par- us how important that work is for his mon problems. liamentary elections this year. If this job at the State Department in negoti- The Duma then gave us a standing continues, you may well drive Russia ating with Russia, telling us how im- ovation and stopping their proceedings into electing an entirely communist portant it is for the President to have in acknowledging our presence and the Duma and perhaps a reactionary leader a supporting congressional group. importance of our work. of our country. That is the worst thing In fact, during the Gore- Mr. ABERCROMBIE. And is not one you want in America.’’ Chernomyridin Commission of 5 years of the reasons, then, that we are trying What they said is, ‘‘You have to as- ago, when we established this, it was to pursue this particular course, re- sist us, help us find a way as supporters Vice President GORE and Victor gardless of the individual items right of our western involvement, as people Chernomyrdin who had us stand along- now which may not make up an agenda who want to have stronger ties with side them, and said we are proud to see that we might want to present, is it your country, help us find a way to find the formation of a formal working re- not the case, then, that what we are that middle ground that lets you have lationship because it is so critically trying to do here with what might be the dignity you need and comes out important for solving the long-term called a Balkan working group is to try with the kind of effort that you want problems we face. to take advantage then of the good re- to come out of this through NATO’s ne- And a further example of our efforts lations that have been built up, to try gotiations but also lets us have a plan in the area of relations involving for- to take advantage of the opportunity that we can convince Milosevic that he eign affairs was when the Russian that exists as parliamentarians, fellow must accept.’’ Duma did not support President Clin- parliamentarians, reaching out to That was the kind of message that ton’s bombing of Baghdad and the them to ask for them to utilize their was given to me by the Duma deputies bombing of Saddam Hussein. good offices in this instance? who pleaded 31⁄2 weeks ago for us to It is not us dictating a particular set reach out with them and try to find b 2145 of terms or acting as some kind of this common solution. I agreed on behalf of the administra- front men for any particular stands or Mr. ABERCROMBIE. In terms of our tion to travel to Moscow and to meet positions that have been concocted in motivation, which I think is really suf- with Duma deputies as a citizen and as one venue or another, but rather that ficient just in the explanation that we a parliamentarian to convince them of we are making a good-faith effort to have been giving right now on the basis why I was supporting the President. I reach out to in this instance particu- of this dialog, I think that is more was not there to negotiate. I was there larly members of the Duma, to ask than sufficient to justify the effort to convince them of the President’s po- them to utilize a diplomatic effort being made. sition. which has a long history, a long and But there may be some who are And when they came over to Amer- honorable history, that is to say the somewhat skeptical of the idea that ica, Luhkin chaired a six-member dele- utilization of good offices and in this this is a bipartisan situation or that, gation from the Duma from all fac- instance with the Government of Yugo- regardless of the sincerity that my col- tions. The first stop he made after he slavia? league and I may have or others may landed at Dulles Airport was in my of- Mr. WELDON of Pennsylvania. Abso- have in association with this, that per- fice. They spent 2 hours one night, lutely. In fact, my good friend and col- haps there is going to end up a situa- where I dialogued with them, I showed league knows my reputation. I am one tion in which blame will be cast and them evidence, and I tried to convince of Russia’s strongest critics. In fact, it accusations will be made, fingers will them of the reason why I, as a Repub- was not too long ago I was on this floor be pointed. lican, supported the President and his offering a bill strongly opposed by the But I think it would be fair to say, position in dealing with Saddam Hus- administration that would in fact re- and I would be interested in the com- sein. quire us to deploy a national missile ments of my colleague or observations So anyone that would somehow mis- defense. on my remarks, I think it is fair to say construe what we are doing can be to- Mr. ABERCROMBIE. Yes. I had to ex- that we are concerned about whether tally refuted by the facts. plain myself ever since for supporting or not this is going to work both from Mr. ABERCROMBIE. So this is not, it. a practical military standpoint and in fact, a paper organization or merely Mr. WELDON of Pennsylvania. Many from the idea also very, very important something that was signed for the pro of our colleagues felt that this would as to the future of NATO, the future of forma effect, but rather a working rela- endanger our relationship with Russia. defense alliances, the future of the

VerDate Aug 31 2005 03:55 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00061 Fmt 7634 Sfmt 0634 J:\ODA15\MISCRE~1\1999\H27AP9.REC H27AP9 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS H2368 CONGRESSIONAL RECORD — HOUSE April 27, 1999 United States in terms of its credi- I briefed the Speaker of the House. we in the Congress have a job also, we bility. They were the only two Republicans. in the Congress have a constitutional The initial premises upon which the Mr. ABERCROMBIE. I was smiling a duty to perform, particularly when it military activity was instigated in- bit, because the Members of the other comes to issues of war and peace, when cluded the prevention of ethnic cleans- side, of course, are the Democrats, not it comes to deciding budgets and decid- ing, or certainly its alleviation, the the Russians. ing directions and policies with respect easing of tensions in the Balkan re- That does highlight the point we are to war and peace. That is, in fact, our gion, and the extension of the credi- trying to make here that this is an ef- obligation and our duty. bility of NATO as a defensive alliance. fort being made by American parlia- So it is important I think, then, as And I think it is fair to say for many mentarians with counterparts in the we move towards, hopefully, some op- of us in the Congress, those premises Russian Duma on the basis that we portunity to pursue the initiative that are not only not being met but we be- have a vehicle for discussion that is my colleague has outlined so well I lieve that unless and until an alter- formally established and institutional- think it is important that we then native resolution can be found, those ized between the Congress and the Rus- have as the bottom-line motivation to premises are being undermined if not sian parliament, known as the Duma, be understood, not only by our col- actually thwarted or contradicted. And and that we want to take full advan- leagues but by the American people, we if this situation is not resolved, if we tage of that in the interest of peace. have as the bottom-line motivation just continue on with the bombing so Mr. WELDON of Pennsylvania. Abso- that we want the interests of the that the bombing becomes its own rea- lutely, totally correct. Nothing else United States to be protected by all son for being, then we will find our- can be inferred from what we are doing. means, and there is no question about selves in a situation in which the Con- No one should raise the issue of arm- that, but that the interest of the gress, at a minimum, let alone the peo- chair secretaries of State because that United States of America in terms of ple of the United States, will find is not what we are about. not being an Imperial power, not being If we reach a conclusion in our dis- themselves in a position of having to a 21st century version of old Rome, in cussions over the weekend with our passively stand by and let events get in terms of attempting to make a good- Russian colleagues that they feel the saddle and ride us. faith effort to secure the universal dec- Mr. WELDON of Pennsylvania. Abso- Milosevic will accept, we then have to laration of human rights in a meaning- come back and convince our Govern- lutely. To get to the first point of the ful way, to see to it that, as American ment that this is, in fact, something gentleman, the blame game has got to power is exercised, it is exercised on that they too can live with. That is not end. This should not be a time, with behalf of peace and the poor and the our call as to whether or not they will American troops in harm’s way, that helpless. accept it. That is up to our Govern- we pick partisan fights back and forth ment to decide the ultimate position of b 2200 over who can blame the other side the the U.S. Those are not abstract philosophical most. We are where we are. But we do have the right as parlia- elements as we see it, I believe. I think And I would say to the gentleman, I mentarians to negotiate with our coun- I am speaking for you as well as myself would say that probably 99, if not all of terparts along the lines of what we under these circumstances. our colleagues, 99 percent of them think will work but also what we think Mr. WELDON of Pennsylvania. Abso- agree with us that the end game is the our administration would accept. If lutely. same for all of us. We all think that they do not accept it, that is their Mr. ABERCROMBIE. And those who Milosevic’s activities have been out- choice. If they do, all of us are better. are wanting to join with us in this ef- rageous. In fact, many of us think he In fact, when I had originally planned fort with the Russians. We are not en- should be held for war crimes that are to go over there, I had offered to take gaged in an academic exercise. What being committed by the Serbs. an employee of the State Department this is is carrying out our fundamental We all feel that this conflict must be with me. Andre Lewis works with duty as Members of Congress, working ended while keeping the dignity and Steve Sestanovich and he was going to together on behalf of the interests of the coordination of NATO intact. We go with us so we would have a State the United States and the peace of the all want to have the reputation of the Department spokesperson there. world, and to the degree, to any degree U.S. intact. Our end results that all of I even went as far to say this to that we can advance that cause, I us want are the same. The question is, Strobe Talbott. I said, ‘‘If we go ahead think then that it is our solemn and se- how do we get there? with this, you script out what you rious duty to carry forward with it. Do we continue this massive aerial want us to say and we will read your Now, I know that is acceptable to you. bombing campaign? Do we allow our- words.’’ There was never an attempt to I hope it is acceptable to our col- selves to slide into a ground war which try to usurp the authority of the execu- leagues. That is in fact our motivation, could pose a direct confrontation be- tive branch to do its job. We are simply that is our interest, that is our inten- tween NATO and the U.S. and Russia, using contacts that we have to go a dif- tion. I trust that at the conclusion of which would be dangerous, or do we try ferent route. tonight’s special order and as we to find out using whatever means we And the reason why this is so impor- moved to the days ahead that we will have to figure if there is an alter- tant: For the past 7 years, the relation- be able to carry through on the task native? ship between Russia and the U.S. has that we have set before us. My hope is We have a means that no one else been primarily based on two people, that others will join us, that this is by has, and that means was established 5 the two presidents, Clinton and no means an exclusive group or any years ago. We did not approach the Yeltsin. And that was great when kind of self-appointed points on any Russians. The Russians came to me 31⁄2 Yeltsin was strong. Yeltsin is no longer diplomatic spear or anything of that weeks ago and they pleaded with me to strong. And yet we did not pursue the kind. We are just reaching out to one reach out to see if we could find a new other power centers in Russia the way another in an open way with a working way. And in doing this, and I want to we should have. group based on the Duma-Congres- repeat this, I talked to no Member of We did in our relationship. And our sional relationship that we hope will the Republican party. Every contact I strength is in those other power cen- succeed in at least helping to form a had for the 3 weeks that I was talking ters, in those other factions who will foundation for a peaceful resolution of to the Russians in over 20 conversa- provide the future leadership of Russia. the current situation. tions and exchanges of information And that is why what we are doing is Mr. WELDON of Pennsylvania. The were with leaders from the administra- so important because it complements gentleman is absolutely correct. In tion, the intelligence community, the the discussions that are being held be- fact, as he well knows, we had our first Security Council, or Members of the tween the White House and the Yeltsin, kind of like organizational meeting other side. Primakov, Chernomyrdin effort in this evening at 7 o’clock or 8 o’clock It was not until last week that I Moscow. down in the HC–6 room. We agreed that spent 5 minutes briefing the gentleman Mr. ABERCROMBIE. So while we ex- tomorrow night, we would have a sec- from New York (Mr. GILMAN) and then pect the administration to do its job, ond meeting and we would welcome

VerDate Aug 31 2005 03:55 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00062 Fmt 7634 Sfmt 0634 J:\ODA15\MISCRE~1\1999\H27AP9.REC H27AP9 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 27, 1999 CONGRESSIONAL RECORD — HOUSE H2369 any of our colleagues from either party crucial issue. First, these Duma leaders, I am inclined to pursue this option—and so to come in and sit down with us as we many of whom are young, well-informed and are our Russian counterparts. To that end, I strategize the way to move forward. In realistic about the U.S. and the west, rep- would like to form a special House Working fact, I would ask, Madam Speaker, to resent the future of Russia. The tottering, Group on U.S.-Russian Cooperation on unpopular and reactive Yeltsin regime rep- Kosovo to pursue specific initiatives to help insert in the CONGRESSIONAL RECORD resents the past. Unfortunately, this Admin- us resolve the Kosovo crisis without a this Dear Colleague memo that I sent istration has embraced Yeltsin with all the ground campaign. If you would like to join to every one of the 435 House Members misplaced fervor with which its predecessor me in this effort, please contact me or Erin today which outlines in detail exactly embraced Gorbachev. Then as now, we cling Coyle in my office at 5–2011. what we have done up until now. to the current regime to the detriment of Sincerely, The text of the memo is as follows: our relations with other emerging power cen- CURT WELDON, APRIL 27, 1999. ters in Russia. Member of Congress. In addition, these Duma leaders are ex- DUMA-CONGRESS PEACE PLAN ON KOSOVO I would encourage my good friend to REBUFFED BY ADMINISTRATION; BI-LATERAL tremely wary of the rising nationalist fervor invite those from his side and I will in- DISCUSSIONS CONTINUE that the conflict in Kosovo has triggered in Russia. The perception that Russia is unim- vite those from my side to join us in DEAR COLLEAGUE. As you may know, late portant to the Kosovo operation does not sit last week I was forced to cancel a proposed this effort. I think not only can we well with Russians accustomed to super- joint mission to Belgrade by Russian and play a role in engaging the Duma to power status. The Duma leadership is wor- American members of the Duma-Congress show them that we appreciate their ried that Yeltsin will respond to this nation- Working Group. This trip would have been alism by taking drastic actions that could good work, but hopefully to find a com- the culmination of a proactive effort by further isolate Russia from the west. monality between us. But I think by many of the top leaders in Russia to solve It is therefore in Russia’s interest to have doing this, we send the signal to both the Kosovo without resorting to ground com- this conflict over quickly. The Duma leaders the administration and other nations bat. At the eleventh hour, Deputy Secretary are realists, however. They understand that of State Strobe Talbott informed me that that we want to find a way to resolve NATO has the upper hand and will only end this conflict that leaves respect for all the Administration did not support the trip. the conflict on terms of its own choosing. Without the support of my own government, That is why they are willing to support an of us and for NATO. I decided to cancel the trip. end to the conflict largely on NATO’s terms. I called some of the NATO govern- I want to give the House a full accounting ments today, Greece, Italy, Germany. I of the genesis of this proposed trip, and the ATTEMPTING TO WORK WITH THE painstaking efforts that were made to make ADMINISTRATION told you about the Ukraine statement it a success. I firmly believe that the Clinton Given this major breakthrough in the offi- of President Kuchma, trying to ascer- Administration missed a potentially historic cial Russian position, I immediately at- tain what their feelings are. Surpris- opportunity to bring this conflict to an end tempted to win Administration support for ingly, many of our allies also want to without further bloodshed. the joint effort. During that same week, I retain the strength and dignity of THE DUMA’S PROPOSAL spoke with Leon Feurth of the Vice Presi- NATO but also want to see the kind of dent’s staff and NSC staff member Carlos The idea of a joint U.S.-Russian delegation Pascual. efforts that we are doing succeed. They to Belgrade was first broached in an e-mail During that same week, I briefed by phone do not want to see this under any cir- to me from Sergei Konovalenko, the sec- CIA Director George Tenet and Ambassador cumstance result in a ground war that retary of the Russian Duma, on April 8. He Steve Sestanovich, the State Department of- suggested the following be used as the basis causes significant loss of life and could ficial in charge of Russia and the Newly for a joint U.S.-Russian peace proposal for well lead to a world conflict because of Independent States. the potential confrontation of the U.S. Kosovo. I think you will agree that it is es- With this agreement in hand, I began to pecially forthcoming: brief key Democrats to urge that they enlist with Russia. I think we are on the 1. Russia guarantees that there will be no the Administration’s support. After several right track. We know where we are more ethnic cleansing in Kosovo. calls to National Security Adviser Sandy going. This is not some radical effort. I 2. Serbia agree to all NATO conditions, in- Berger went unreturned, Congressman Hoyer cluding international troops in Kosovo. (Rus- could have gone over to Belgrade on set up a face to face meeting with Deputy sia suggested, however, that the force be Sunday. I did not have to have the per- Secretary of State Strobe Talbott on April comprised primarily of countries not in- mission of our government. 22. That meeting lasted more than two volved in the NATO bombing campaign.) The hours. At that meeting Congressman Hoyer troops would agree to stay in Kosovo for at and I made clear that our goal and the Ad- f least ten years. 3. An interparliamentary group from Rus- ministration’s goal was the same—to get sia, the U.S. and NATO countries be formed Milosevic to agree to NATO’s conditions. Pe- DUMA-CONGRESS PEACE PLAN ON to monitor all agreements. The group would riod. We would not be there to negotiate. Our KOSOVO be under the auspices of the U.N. presence was critical only to demonstrate to Amazingly, the Russians had proposed a Milosevic that Russia and the U.S. were The SPEAKER pro tempore (Mrs. peace agreement that complied with all the united on this critical issue. BIGGERT). Under a previous order of the NATO demands. That same day, I briefed Speaker Hastert House, the gentleman from Hawaii (Mr. The Russian parliamentarians, rep- and Majority Leader Armey. The Speaker agreed to authorize the trip if the Adminis- ABERCROMBIE) is recognized for 5 min- resenting all the factions of the Duma, had utes. just returned from a delegation trip to Bel- tration did not object. grade. This delegation met with the entire That evening, Deputy Secretary Talbott Mr. ABERCROMBIE. Madam Speak- Serbian high command, including extensive called to inform me that after discussions er, I yield to the gentleman from Penn- meetings with Milosevic himself. The Duma with the Secretary of State and the Sec- sylvania. leaders felt confident that they (as friends of retary of Defense, the Administration would not support the joint delegation. I feel Mr. WELDON of Pennsylvania. I Milosevic) could get him to agree with these thank my colleague and friend for conditions. strongly that the Clinton-Gore team allowed The following week, I wrote to my Duma a tremendous opportunity to slip through its yielding. counterpart, Vladimir Ryzhkov (Deputy fingers. I would just say that we could have Speaker of the Duma, who would lead the NEXT STEPS FOR U.S.-RUSSIAN COOPERATION ON gone that route. We could have gone Duma delegation) and made four requests of KOSOVO into Belgrade. We could have done that him. First, that an official invitation be ex- I cannot understand why the Administra- as other people have done and as people tended in writing from the Duma, including tion would reject out of hand an offer by the the names of the entire Duma delegation. are doing right now. Jesse Jackson, I Russians to help NATO achieve its goals. understand, is over there right now Second, that the trip to Belgrade include a After spending the better part of a week urg- face to face meeting with Milosevic himself. ing the Russians to act constructively, our without the support of this govern- Third, that the Duma set up a meeting with government rebuffed a good-faith effort by ment. We did not do that. We chose the the American POWs. Lastly, that the Duma some of the top leaders in Russia to help end constructive route. We will continue delegation agree to accompany our delega- the crisis on NATO’s terms. To say that I am that route. tion to a Kosovar refugee camp of our choos- puzzled would be an understatement. ing. I just want to say in closing, I want Many Republicans and Democrats want to to thank my friend and colleague for On April 21, Deputy Ryzhkov wrote to me, stay the course with the Russians. In fact, with agreement on all issues. the Administration itself supported the idea his effort, because he has received crit- THE DUMA VIEWPOINT of the two delegations meeting in a neutral icism on his side as I have on mine. In There are many reasons why the Russians country to work out a joint agreement which the end we know we are doing the right were so proactive and engaging on such a could then be presented to Milosevic. thing.

VerDate Aug 31 2005 03:55 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00063 Fmt 7634 Sfmt 0634 J:\ODA15\MISCRE~1\1999\H27AP9.REC H27AP9 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS H2370 CONGRESSIONAL RECORD — HOUSE April 27, 1999 RECESS Mr. DREIER. Mr. Speaker, I would that that committee had examined and The SPEAKER pro tempore. Pursu- simply like to say that we will begin at found truly enrolled a bill of the House ant to clause 12 of rule I, the Chair de- 10 a.m. tomorrow with what should be of the following title, which was there- clares the House in recess subject to a full day of debate on these resolu- upon signed by the Speaker: the call of the Chair. tions and look forward to seeing the H.R. 800. An act to provide for education Accordingly (at 10 o’clock and 5 min- House work its will in a very fair and flexibility partnerships. utes p.m.), the House stood in recess balanced way. subject to the call of the Chair. f f f LEAVE OF ABSENCE ADJOURNMENT b 2347 By unanimous consent, leave of ab- Mr. DREIER. Mr. Speaker, I move AFTER RECESS sence was granted to: that the House do now adjourn. Mr. ENGEL (at the request of Mr. GEP- The recess having expired, the House The motion was agreed to; accord- HARDT) for today and Wednesday, April was called to order by the Speaker pro ingly (at 11 o’clock and 49 minutes 28, on account of mother’s open heart p.m.), the House adjourned until to- tempore (Mr. LINDER) at 11 o’clock and surgery in New York. 47 minutes p.m. morrow, Wednesday, April 28, 1999, at Ms. SLAUGHTER (at the request of Mr. 10 a.m. f GEPHARDT) for today thru Friday, May REPORT ON RESOLUTION PRO- 7, on account of back surgery. f VIDING FOR CONSIDERATION OF Mr. WYNN (at the request of Mr. GEP- HARDT) for today and the balance of the H.R. 1569, PROHIBITING USE OF EXECUTIVE COMMUNICATIONS, week, on account of illness. FUNDS APPROPRIATED TO DE- ETC. PARTMENT OF DEFENSE FOR f Under clause 8 of rule XII, executive DEPLOYMENT OF GROUND ELE- SPECIAL ORDERS GRANTED communications were taken from the MENTS OF U.S. ARMED FORCES By unanimous consent, permission to Speaker’s table and referred as follows: IN FEDERAL REPUBLIC OF address the House, following the legis- 1744. A letter from the Deputy Executive YUGOSLAVIA UNLESS SPECIFI- lative program and any special orders Director and Chief Operating Officer, Pen- CALLY AUTHORIZED BY LAW; heretofore entered, was granted to: sion Benefit Guaranty Corporation, trans- FOR CONSIDERATION OF H. CON. (The following Members (at the re- mitting the Corporation’s final rule—Alloca- RES. 82, DIRECTING THE PRESI- tion of Assets in Single-Employer Plans; In- quest of Mr. MCNULTY) to revise and DENT, PURSUANT TO WAR POW- terest Assumptions for Valuing Benefits—re- extend their remarks and include ex- ceived March 9, 1999, pursuant to 5 U.S.C. ERS RESOLUTION, TO REMOVE traneous material:) U.S. ARMED FORCES FROM POSI- 801(a)(1)(A); to the Committee on Education Mr. LIPINSKI, for 5 minutes, today. and the Workforce. TIONS IN CONNECTION WITH Mr. FALEOMAVAEGA, for 5 minutes, 1745. A letter from the Director, Office of PRESENT OPERATIONS AGAINST today. Regulatory Management and Information, FEDERAL REPUBLIC OF YUGO- Ms. NORTON, for 5 minutes, today. Environmental Protection Agency, transmit- SLAVIA; FOR CONSIDERATION OF Mr. SMITH of Washington, for 5 min- ting the Agency’s final rule—Transportation S. CON. RES. 21, AUTHORIZING utes, today. Conformity Rule Amendment for the Trans- PRESIDENT TO CONDUCT MILI- Ms. HOOLEY of Oregon, for 5 minutes, portation Conformity Pilot Program [FRL– TARY AIR OPERATIONS AND today. 6309–6] received March 15, 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Mr. ABERCROMBIE, for 5 minutes, MISSILE STRIKES AGAINST FED- Commerce. ERAL REPUBLIC OF YUGOSLAVIA today. 1746. A letter from the Director, Office of Ms. JACKSON-LEE of Texas, for 5 min- Mr. DREIER, from the Committee on Regulatory Management and Information, utes, today. Rules, submitted a privileged report Environmental Protection Agency, transmit- Mr. MINGE, for 5 minutes, today. (Rept. No. 106–118) on the bill (H.R. ting the Agency’s final rule—Approval and (The following Members (at the re- Promulgation of State Air Quality Plans for 1569) to prohibit the use of funds appro- quest of Mr. ISAKSON) to revise and ex- Designated Facilities and Pollutants; Alle- priated to the Department of Defense tend their remarks and include extra- gheny County, Pennsylvania; Control of from being used for the deployment of neous material:) Landfill Gas Emissions from Existing Munic- ground elements of the United States Mr. GANSKE, for 5 minutes each day, ipal Solid Waste Landfills [PA–107–4066c; Armed Forces in the Federal Republic today and on April 28. FRL–6311–3] received March 15, 1999, pursu- ant to 5 U.S.C. 801(a)(1)(A); to the Committee of Yugoslavia unless that deployment Mr. KASICH, for 5 minutes, today. is specifically authorized by law; for on Commerce. Mr. SHADEGG, for 5 minutes, on April 1747. A letter from the Director, Office of consideration of the concurrent resolu- 28. Regulatory Management and Information, tion (H. Con. Res. 82) directing the Mr. EWING, for 5 minutes, today. Environmental Protection Agency, transmit- President, pursuant to section 5(c) of (The following Member (at his own ting the Agency’s final rule—Approval and the War Powers Resolution, to remove request) to revise and extend his re- Promulgation of Implementation Plans; United States Armed Forces from their marks and include extraneous mate- State of Iowa [IA 059–1059a; FRL–6310–7] re- positions in connection with the rial:) ceived March 15, 1999, pursuant to 5 U.S.C. present operations against the Federal Mr. ABERCROMBIE. 801(a)(1)(A); to the Committee on Commerce. 1748. A letter from the Director, Office of Republic of Yugoslavia; for consider- f Regulatory Management and Information, ation of the joint resolution (H. J. Res. SENATE BILL REFERRED Environmental Protection Agency, transmit- 44) declaring a state of war between the ting the Agency’s final rule—Administrative United States and the Government of A bill of the Senate of the following Reporting Exemptions for Certain Radio- the Federal Republic of Yugoslavia; title was taken from the Speaker’s nuclide Releases [FRL–6309–3] received and for consideration of the concurrent table and, under the rule, referred as March 15, 1999, pursuant to 5 U.S.C. resolution (S. Con. Res. 21) authorizing follows: 801(a)(1)(A); to the Committee on Commerce. S. 330. An act to promote the research, 1749. A letter from the Program Analyst, the President of the United States to Office of Chief Counsel, Department of conduct military air operations and identification assessment, exploration, and development of methane hydrate resources, Transportation, transmitting the Depart- missile strikes against the Federal Re- ment’s final rule—Revocation of Restricted public of Yugoslavia, which was re- and for other purposes; to the Committee on Science, in addition to the Committee on Re- Areas R–2531A and R–2531B, Establishment of ferred to the House Calendar and Or- sources for a period to be subsequently deter- Restricted Area R–2531, and Change of Using dered to be printed. mined by the Speaker, in each case for con- Agency, Tracy; CA [Airspace Docket No. 98– AWP–30] (RIN: 2120–AA66) received March 16, f sideration of such provisions as fall within the jurisdiction of the committee concerned. 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the DEBATE ON YUGOSLAVIA Committee on Transportation and Infra- RESOLUTIONS f structure. ENROLLED BILL SIGNED 1750. A letter from the Program Analyst, (Mr. DREIER asked and was given Office of the Chief Counsel, Department of permission to address the House for 1 Mr. THOMAS, from the Committee Transportation, transmitting the Depart- minute.) on House Administration, reported ment’s final rule—Airworthiness Directives;

VerDate Aug 31 2005 03:55 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00064 Fmt 7634 Sfmt 0634 J:\ODA15\MISCRE~1\1999\H27AP9.REC H27AP9 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 27, 1999 CONGRESSIONAL RECORD — HOUSE H2371 Airbus Model A300 and A300–600 Series Air- Committee on Transportation and Infra- lution declaring a state of war between the planes [Docket No. 98–NM–106–AD; Amend- structure. United States and the Government of the ment 39–11074; AD 99–06–10] (RIN: 2120–AA64) 1759. A letter from the Assistant Commis- Federal Republic of Yugoslavia (Adverse received March 16, 1999, pursuant to 5 U.S.C. sioner, Examination, Internal Revenue Serv- Rept. 106–115). Referred to the Committee of 801(a)(1)(A); to the Committee on Transpor- ice, transmitting the Service’s final rule— the Whole House on the State of the Union. tation and Infrastructure. Congressional Review of Market Segment Mr. GILMAN: Committee on International 1751. A letter from the Program Analyst, Specialization Program (MSSP) Audit Tech- Relations. House Concurrent Resolution 82. Office of the Chief Counsel, Department of niques Guides—received March 15, 1999, pur- Resolution directing the President, pursuant Transportation, transmitting the Depart- suant to 5 U.S.C. 801(a)(1)(A); to the Com- to section 5(c) of the War Powers Resolution, ment’s final rule—Airworthiness Directives; mittee on Ways and Means. to remove United States Armed Forces from Airbus Model A310 and A300–600 Series Air- 1760. A letter from the Chief, Regulations their positions in connection with the planes Equipped With General Electric CF6– Unit, Internal Revenue Service, transmitting present operations against the Federal Re- 80C2 Engines [Docket No. 96–NM–66–AD; the Service’s final rule—Action on Decision public of Yugoslavia (Adverse Rept. 106–116). Amendment 39–11070; AD 99–06–06] (RIN: 2120– in Oshkosh Truck Corporation v. United Referred to the Committee of the Whole AA64) received March 16, 1999, pursuant to 5 States, 123 F.3d 1477 (Fed. Cir. 1997)—received House on the State of the Union. U.S.C. 801(a)(1)(A); to the Committee on March 15, 1999, pursuant to 5 U.S.C. Mr. COBLE: Committee on the Judiciary. Transportation and Infrastructure. 801(a)(1)(A); to the Committee on Ways and H.R. 850. A bill to amend title 18, United 1752. A letter from the Program Support Means. States Code, to affirm the rights of United Specialist, Aircraft Certification Service, f States persons to use and sell encryption and Department of Transportation, transmitting to relax export controls on encryption (Rept. the Department’s final rule—Airworthiness REPORTS OF COMMITTEES ON 106–117 Pt. 1). Directives; Pilatus Aircraft Ltd. Models PC– PUBLIC BILLS AND RESOLUTIONS Mr. DREIER: Committee on Rules. House 12 and PC–12/45 Airplanes [Docket No. 98–CE– Under clause 2 of rule XIII, reports of Resolution 151. Resolution providing for con- 73–AD; Amendment 39–11069; AD 99–06–05] sideration of the bill (H.R. 1569) to prohibit (RIN: 2120–AA64) received March 16, 1999, pur- committees were delivered to the Clerk for printing and reference to the proper the use of funds appropriated to the Depart- suant to 5 U.S.C. 801(a)(1)(A); to the Com- ment of Defense from being used for the de- mittee on Transportation and Infrastruc- calendar, as follows: ployment of ground elements of the United ture. Mr. SHUSTER: Committee on Transpor- States Armed Forces in the Federal Republic 1753. A letter from the Program Analyst, tation and Infrastructure. H.R. 1034. A bill to of Yugoslavia unless that deployment is spe- Office of the Chief Counsel, Department of declare a portion of the James River and cifically authorized by law; for consideration Transportation, transmitting the Depart- Kanawha Canal in Richmond, Virginia, to be of the concurrent resolution (H. Con. Res. 82) ment’s final rule—Airworthiness Directives; nonnavigable waters of the United States for directing the President, pursuant to section McDonnell Douglas Model DC–10 and MD–11 purposes of title 46, United States Code, and 5(c) of the War Powers Resolution, to remove Series Airplanes, and KC–10 (Military) Series the other maritime laws of the United United States Armed Forces from their posi- Airplanes [Docket No. 98–NM–55–AD; Amend- States; with an amendment (Rept. 106–107). tions in connection with the present oper- ment 39–11072; AD 99–06–08] (RIN: 2120–AA64) Referred to the Committee of the Whole ations against the Federal Republic of Yugo- received March 16, 1999, pursuant to 5 U.S.C. House on the State of the Union. slavia; for consideration of the joint resolu- 801(a)(1)(A); to the Committee on Transpor- Mr. SHUSTER: Committee on Transpor- tion (H.J. Res. 44) declaring a state of war tation and Infrastructure. tation and Infrastructure. H.R. 560. A bill to between the United States and the Govern- 1754. A letter from the Program Support designate the Federal building located at 300 ment of the Federal Republic of Yugoslavia; Specialist, Aircraft Certification Service, Recinto Sur Street in Old San Juan, Puerto and for consideration of the concurrent reso- Department of Transportation, transmitting Rico, as the ‘‘Jose V. Toledo United States lution (S. Con. Res. 21) authorizing the the Department’s final rule—Airworthiness Post Office and Courthouse’’; with an amend- (Rept. 106–118). Referred to the House Cal- Directives; Boeing Model 757–200 Series Air- ment (Rept. 106–108). Referred to the House endar. planes [Docket No. 98–NM–238–AD; Amend- Calendar. ment 39–11052; AD 99–05–03] (RIN: 2120–AA64) Mr. SHUSTER: Committee on Transpor- f received March 16, 1999, pursuant to 5 U.S.C. tation and Infrastructure. H.R. 686. A bill to REPORTED BILL SEQUENTIALLY 801(a)(1)(A); to the Committee on Transpor- designate a United States courthouse in REFERRED tation and Infrastructure. Brownsville, Texas, as the ‘‘Garza-Vela 1755. A letter from the Program Analyst, United States Courthouse’’ (Rept. 106–109). Under clause 5 of rule X, bills and re- Office of the Chief Counsel, Department of Referred to the House Calendar. ports were delivered to the Clerk for Transportation, transmitting the Depart- Mr. SHUSTER: Committee on Transpor- printing, and bills referred as follows: ment’s final rule—Airworthiness Directives; tation and Infrastructure. H.R. 118. A bill to Mr. COBLE: Committee on the Judiciary. Short Brothers Model SD3–60 and SD3–60 designate the Federal building located at 300 H.R. 850. A bill to amend title 18, United SHERPA Series Airplanes [Docket No. 97– East 8th Street in Austin, Texas, as the ‘‘J.J. States Code, to affirm the rights of United NM–106–AD; Amendment 39–11071; AD 99–06– ‘Jake’ Pickle Federal Building’’ (Rept. 106– States persons to use and sell encryption and 07] (RIN: 2120–AA64) received March 16, 1999, 110). Referred to the House Calendar. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Mr. SHUSTER: Committee on Transpor- to relax export controls on encryption. Re- mittee on Transportation and Infrastruc- tation and Infrastructure. H.R. 1121. A bill to ferred to the Committees on Armed Services, ture. designate the Federal building and United Commerce, and Intelligence (Permanent) for 1756. A letter from the Program Analyst, States courthouse located at 18 Greenville a period ending not later than July 2, 1999, Office of the Chief Counsel, Department of Street in Newnan, Georgia, as the ‘‘Lewis R. for consideration of such provisions of the Transportation, transmitting the Depart- Morgan Federal Building and United States bill as fall within the jurisdictions of those ment’s final rule—Modification of Class D Courthouse’’ (Rept. 106–111). Referred to the committees pursuant to clause 1(c) and (f), Airspace and Class E Airspace and establish- House Calendar. and clause 11, rule X, respectively. ment of Class E Airspace; Kenosha, WI [Air- Mr. SHUSTER: Committee on Transpor- f space Docket No. 98–AGL–62] received March tation and Infrastructure. H.R. 1162. A bill to 16, 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to designate the bridge on United States Route TIME LIMITATION OF REFERRED the Committee on Transportation and Infra- 231 that crosses the Ohio River between BILL structure. Maceo, Kentucky, and Rockport, Indiana, as Pursuant to clause 5 of rule X the fol- 1757. A letter from the Program Analyst, the ‘‘William H. Natcher Bridge’’ (Rept. 106– lowing action was taken by the Speak- Office of the Chief Counsel, Department of 112). Referred to the House Calendar. Transportation, transmitting the Depart- Mr. SHUSTER: Committee on Transpor- er: ment’s final rule—Modification of Class D tation and Infrastructure. S. 453. An act to H.R. 850. Referral to the Committee on Airspace and Class E Airspace and establish- designate the Federal building located at 709 International Relations extended for a period ment of Class E Airspace; Rapid City, SD West 9th Street in Juneau, Alaska, as the ending not later than July 2, 1999. [Airspace Docket No. 98–AGL–64] received ‘‘Hurff A. Saunders Federal Building’’ (Rept. f March 16, 1999, pursuant to 5 U.S.C. 106–113). Referred to the House Calendar. 801(a)(1)(A); to the Committee on Transpor- Mr. SHUSTER: Committee on Transpor- PUBLIC BILLS AND RESOLUTIONS tation and Infrastructure. tation and Infrastructure. S. 460. An act to Under clause 2 of rule XII, public 1758. A letter from the Program Analyst, designate the United States courthouse lo- Office of the Chief Counsel, Department of cated at 401 South Michigan Street in South bills and resolutions were introduced Transportation, transmitting the Depart- Bend, Indiana, as the ‘‘Robert K. Rodibaugh and severally referred, as follows: ment’s final rule—Airworthiness Directives; United States Bankruptcy Courthouse’’ By Mr. COBLE: Airbus Model A320 Series Airplanes [Docket (Rept. 106–114). Referred to the House Cal- H.R. 1565. A bill to amend the Trademark No. 98–NM–105–AD; Amendment 39–11073; AD endar. Act of 1946 relating to dilution of famous 99–06–09] (RIN: 2120–AA64) received March 16, Mr. GILMAN: Committee on International marks, and for other purposes; to the Com- 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the Relations. House Joint Resolution 44. Reso- mittee on the Judiciary.

VerDate Aug 31 2005 03:55 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00065 Fmt 7634 Sfmt 0634 J:\ODA15\MISCRE~1\1999\H27AP9.REC H27AP9 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS H2372 CONGRESSIONAL RECORD — HOUSE April 27, 1999 By Mrs. FOWLER (for herself, Mr. on employers filing petitions with respect to H.R. 1579. A bill to provide for payments to GOODLING, Mr. KASICH, Mr. BLUNT, non-immigrant workers under the H-1B pro- children’s hospitals that operate graduate and Mr. CHAMBLISS): gram; to the Committee on the Judiciary. medical education programs; to the Com- H.R. 1566. A bill to prohibit the use of funds By Mr. HILLIARD: mittee on Commerce, and in addition to the appropriated to the Department of Defense H.R. 1574. A bill to extend the inspection Committee on Ways and Means, for a period from being used for the deployment of requirements of the Federal Meat Inspection to be subsequently determined by the Speak- ground elements of the United States Armed Act to rabbits produced for human consump- er, in each case for consideration of such pro- Forces in the Federal Republic of Yugoslavia tion; to the Committee on Agriculture. visions as fall within the jurisdiction of the unless that deployment is specifically au- By Mr. HINCHEY: committee concerned. thorized by law; to the Committee on Armed H.R. 1575. A bill to amend the Electronic By Ms. LOFGREN (for herself, Mrs. Services, and in addition to the Committee Fund Transfer Act to limit fees charged by MCCARTHY of New York, Ms. WATERS, on International Relations, for a period to be financial institutions for the use of auto- Mrs. MINK of Hawaii, Mr. LANTOS, matic teller machines, and for other pur- subsequently determined by the Speaker, in Ms. WOOLSEY, Mr. KENNEDY of Rhode poses; to the Committee on Banking and Fi- each case for consideration of such provi- Island, Ms. MILLENDER-MCDONALD, nancial Services. sions as fall within the jurisdiction of the Ms. LEE, Mr. CONYERS, and Mr. H.R. 1576. A bill to amend the Truth in committee concerned. MCGOVERN): Lending Act to prohibit the distribution of By Mr. KING (for himself and Mr. SNY- H.R. 1580. A bill to prohibit the sale of guns any negotiable check or other instrument DER): that have not been approved by the Sec- with any solicitation to a consumer by a H.R. 1567. A bill to amend the Freedom for retary of the Treasury, and for other pur- creditor to open an account under any con- Russia and Emerging Eurasian Democracies poses; to the Committee on the Judiciary. sumer credit plan or to engage in any other and Open Markets Support Act of 1992 to credit transaction which is subject to such By Mrs. LOWEY (for herself, Mr. eliminate the restriction on assistance to Act, and for other purposes; to the Com- SHAYS, Mr. LANTOS, Mr. HYDE, Mr. Azerbaijan; to the Committee on Inter- mittee on Banking and Financial Services. CONYERS, Mr. GILMAN, Mr. GEJDEN- national Relations. By Mr. HOSTETTLER (for himself, Mr. SON, Mrs. MORELLA, Mr. MORAN of By Mr. TALENT (for himself, Mr. NORWOOD, Mr. STUMP, Mr. HAYES, and Virginia, Mr. CAMPBELL, Mr. BROWN STUMP, Mrs. MCCARTHY of New York, Mr. TANCREDO): of California, Mr. FRANKS of New Jer- Mr. EVANS, Mr. QUINN, Mr. PHELPS, H.R. 1577. A bill to establish certain uni- sey, Mr. LEWIS of Georgia, Mr. Mr. MORAN of Kansas, Mr. FILNER, form legal principles of liability with respect COSTELLO, Mr. CLAY, Mr. SMITH of Mr. BARTLETT of Maryland, Mrs. to manufacturers of products; to the Com- New Jersey, Mr. BONIOR, Mr. FARR of KELLY, and Mr. PASCRELL): mittee on the Judiciary, and in addition to California, Mr. KENNEDY of Rhode Is- H.R. 1568. A bill to provide technical, fi- the Committee on Commerce, for a period to land, Ms. DELAURO, Mr. DICKS, Mr. nancial, and procurement assistance to vet- be subsequently determined by the Speaker, WAXMAN, Mr. WEINER, Mr. SHERMAN, eran owned small businesses, and for other in each case for consideration of such provi- Mr. FRANK of Massachusetts, Mr. purposes; to the Committee on Small Busi- sions as fall within the jurisdiction of the BERMAN, Mr. WEYGAND, Ms. PELOSI, ness, and in addition to the Committee on committee concerned. Mr. DOYLE, Mr. STARK, Mr. MEEHAN, Veterans’ Affairs, for a period to be subse- By Mr. HOSTETTLER (for himself, Mr. Mr. FILNER, Ms. KILPATRICK, Mr. quently determined by the Speaker, in each ROYCE, Mr. MCHUGH, Mr. MCCRERY, GEORGE MILLER of California, Mr. case for consideration of such provisions as Mr. ISTOOK, Mr. PAUL, Mrs. DEUTSCH, Mr. LIPINSKI, Mrs. MINK of fall within the jurisdiction of the committee CHENOWETH, Mr. MCINTOSH, Mr. DOO- Hawaii, Mr. ABERCROMBIE, Mr. concerned. LITTLE, Mr. LARGENT, and Mr. BART- PASCRELL, Mr. WEXLER, Mr. GUTIER- By Mrs. FOWLER (for herself, Mr. LETT of Maryland): REZ, Mr. BENTSEN, Mr. CAPUANO, Mr. GOODLING, Mr. KASICH, Mr. BLUNT, H.R. 1578. A bill to amend the wetland con- BLAGOJEVICH, Ms. SCHAKOWSKY, Mr. and Mr. CHAMBLISS): servation provisions of the Food Security TIERNEY, Mrs. MALONEY of New York, H.R. 1569. A bill to prohibit the use of funds Act of 1985 and the Federal Water Pollution Ms. LOFGREN, Ms. SLAUGHTER, Mr. appropriated to the Department of Defense Control Act to permit the unimpeded use of PALLONE, Ms. RIVERS, Mr. NEAL of from being used for the deployment of privately owned crop, range, and pasture Massachusetts, Mrs. TAUSCHER, Ms. ground elements of the United States Armed lands that have been used for the planting of ESHOO, Ms. WOOLSEY, Ms. ROYBAL-AL- Forces in the Federal Republic of Yugoslavia crops or the grazing of livestock in at least LARD, Mr. INSLEE, Ms. BALDWIN, Mr. unless that deployment is specifically au- five of preceding ten years; to the Com- UDALL of Colorado, Mr. DELAHUNT, thorized by law; to the Committee on Armed mittee on Transportation and Infrastruc- and Mr. LUTHER): Services, and in addition to the Committee ture, and in addition to the Committee on H.R. 1581. A bill to end the use of steel- on International Relations, for a period to be Agriculture, for a period to be subsequently jawed leghold traps on animals in the United subsequently determined by the Speaker, in determined by the Speaker, in each case for States; to the Committee on Commerce, and each case for consideration of such provi- consideration of such provisions as fall with- in addition to the Committees on Ways and sions as fall within the jurisdiction of the in the jurisdiction of the committee con- Means, International Relations, and the Ju- committee concerned. cerned. diciary, for a period to be subsequently de- By Mr. ANDREWS: By Mrs. JOHNSON of Connecticut (for termined by the Speaker, in each case for H.R. 1570. A bill to create incentives for herself, Mr. BROWN of Ohio, Mr. consideration of such provisions as fall with- the People’s Republic of China and India to THOMAS, Mr. GREENWOOD, Mr. BILI- in the jurisdiction of the committee con- RAKIS, Mr. DINGELL, Mr. PORTER, Mr. adopt a policy of restraint with respect to its cerned. YOUNG of Florida, Mr. STARK, Mr. nuclear activities, and for other purposes; to By Mr. NEAL of Massachusetts: the Committee on International Relations, CAMP, Mr. RAMSTAD, Ms. DUNN, Mr. H.R. 1582. A bill to suspend temporarily the and in addition to the Committee on Bank- NEAL of Massachusetts, Mr. duty on a certain chemical; to the Com- ing and Financial Services, for a period to be PORTMAN, Mr. KLECZKA, Mr. ENGLISH, mittee on Ways and Means. subsequently determined by the Speaker, in Mr. LEWIS of Kentucky, Mr. WELLER, By Ms. NORTON: each case for consideration of such provi- Mr. MCINNIS, Mr. BILBRAY, Mr. WAX- H.R. 1583. A bill to amend the Internal Rev- sions as fall within the jurisdiction of the MAN, Mr. HALL of Texas, Mr. CAL- enue Code of 1986 to make permanent law the committee concerned. LAHAN, Mr. GREEN of Texas, Mr. $5,000 first-time homebuyer credit for the By Ms. DELAURO: DIXON, Mr. OLVER, Ms. KILPATRICK, District of Columbia; to the Committee on H.R. 1571. A bill to designate the Federal Mr. BACHUS, Mr. BAIRD, Mr. Ways and Means. building under construction at 600 State BALDACCI, Mr. BENTSEN, Mr. By Mr. QUINN: Street in New Haven, Connecticut, as the BLAGOJEVICH, Mr. CAPUANO, Mr. H.R. 1584. A bill to prohibit the distribu- ‘‘Merrill S. Parks, Jr., Federal Building‘‘; to COOK, Mr. DAVIS of Illinois, Mr. tion or receipt of restricted explosives with- the Committee on Transportation and Infra- DELAHUNT, Mr. FRANK of Massachu- out a Federal permit, and to require applica- structure. setts, Mr. GEJDENSON, Mr. HILLIARD, tions for such permits to include a photo- By Mr. GORDON (for himself, Mr. SEN- Mr. INSLEE, Ms. EDDIE BERNICE JOHN- graph and the fingerprints of the applicant; SENBRENNER, and Mr. BROWN of Cali- SON of Texas, Mrs. JONES of Ohio, Mr. to the Committee on the Judiciary. fornia): KUCINICH, Mr. LAFALCE, Mr. Mrs. ROUKEMA: H.R. 1572. A bill to require the adoption LATOURETTE, Mr. LARSON, Mrs. H.R. 1585. A bill to streamline the regula- and utilization of digital signatures by Fed- MALONEY of New York, Mr. MALONEY tion of depository institutions, to safeguard eral agencies and to encourage the use of of Connecticut, Mr. MCGOVERN, Mr. confidential banking and credit union super- digital signatures in private sector elec- MOAKLEY, Mr. NEY, Mr. OBERSTAR, visory information, and for other purposes; tronic transactions; to the Committee on Ms. PRYCE of Ohio, Mr. RILEY, Mr. to the Committee on Banking and Financial Science. RODRIGUEZ, Mr. RUSH, Mr. SESSIONS, Services. By Mr. GREEN of Texas: Ms. SCHAKOWSKY, Mr. TANCREDO, Mr. H.R. 1586. A bill to amend the Internal Rev- H.R. 1573. A bill to amend the Immigration TRAFICANT, Mr. SANDLIN, Mr. SHOWS, enue Code of 1986 to expand S corporation and Nationality Act to exempt elementary Mr. VENTO, Mr. WEYGAND, and Mr. eligibility for banks, and for other purposes; and secondary schools from the fee imposed BECERRA): to the Committee on Ways and Means.

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By Mr. STEARNS: H.R. 120: Mr. KANJORSKI. BOEHNER, Mr. MEEKS of New York, Mr. H.R. 1587. A bill to encourage States to es- H.R. 123: Ms. PRYCE of Ohio, Mr. FRANKS of BLUMENAUER, Ms. EDDIE BERNICE JOHNSON of tablish competitive retail markets for elec- New Jersey, Mr. SUNUNU, Mr. HOSTETTLER, Texas, Mr. HASTINGSS of Florida, and Ms. tricity, to clarify the roles of the Federal Mr. MANZULLO, Mr. KUYKENDALL, Mr. KILPATRICK. Government and the States in retail elec- NETHERCUTT, Mr. KOLBE, Mr. PETERSON of H.R. 1020: Mr. GUTIERREZ, Mr. ROMERO- tricity markets, to remove certain Federal Minnesota, Mr. HANSEN, and Mr. CRAMER. BARCELO, Mr. FROST, Mr. KLECZKA, Mr. barriers to competition, and for other pur- H.R. 163: Mr. LEWIS of Georgia and Ms. MCDERMOTT, Ms. BERKLEY, Mr. MOAKLEY, poses; to the Committee on Commerce, and HOOLEY of Oregon. Mr. ENGLISH, Mr. STRICKLAND, Mr. LAFALCE, in addition to the Committees on Resources, H.R. 165: Mr. LEWIS of Georgia and Mr. and Mr. SANDLIN. and Transportation and Infrastructure, for a WEINER. H.R. 1032: Mr. THUNE, Mr. LUCAS of Ken- period to be subsequently determined by the H.R. 179: Mr. DOOLEY of California, Mr. tucky, and Mr. MCINNIS. Speaker, in each case for consideration of TAYLOR of North Carolina, Mrs. MINK of Ha- H.R. 1037: Mr. GEORGE MILLER of Cali- such provisions as fall within the jurisdic- waii, Mr. KENNEDY of Rhode Island, and Mr. fornia, Ms. WOOLSEY, and Mr. CAPUANO. tion of the committee concerned. CONYERS. ALL ELLY By Mr. THOMPSON of Mississippi (for H.R. 205: Mr. FARR of California. H.R. 1069: Mr. H of Texas, Mrs. K , himself, Mr. TOWNS, and Mrs. CLAY- H.R. 306: Mr. CRAMER, Mr. CUMMINGS, Mr. and Mr. GUTIERREZ. TON): EVANS, Mr. JACKSON of Illinois, Mr. TRAFI- H.R. 1070: Mr. PETERSON of Pennsylvania H.R. 1588. A bill to amend title 11 of the CANT, and Mr. WEINER. and Mr. MOAKLEY. United States Code to permit all debtors to H.R. 325: Mr. CLYBURN, Mr. HILLIARD, Ms. H.R. 1080: Mr. BRADY of Pennsylvania. exempt certain payments receivable on ac- EDDIE BERNICE JOHNSON of Texas, Mr. LAN- H.R. 1081: Ms. SLAUGHTER. count of discrimination based on race, color, TOS, Mr. SAWYER, and Mr. SCOTT. H.R. 1082: Mr. CLEMENT, Mr. DEFAZIO, Mr. religion, national origin, or gender, and for H.R. 330: Mr. GARY MILLER of California KOLBE, Mr. SHAYS, Mr. BISHOP, and Mr. JACK- other purposes; to the Committee on the Ju- and Mr. SALMON. SON of Illinois. diciary. H.R. 380: Mr. SUNUNU, Mr. LUCAS of Ken- H.R. 1083: Mr. COOKSEY, Mr. BLUNT, and Mr. By Mr. WISE: tucky, and Mr. LARSON. SESSIONS. H.R. 1589. A bill to amend the Safe and H.R. 383: Mr. MCGOVERN and Ms. HOOLEY of Drug-Free Schools and Communities Act of H.R. 1084: Mr. TERRY and Mr. DAVIS of Vir- Oregon. ginia. 1994 to provide for the establishment of H.R. 393: Mr. BERMAN and Mr. BROWN of H.R. 1085: Mr. WHITFIELD HELPS school violence prevention hotlines; to the California. , Mr. P , Mr. GUTIERREZ, Mr. GREENWOOD, Mrs. KELLY, and Committee on Education and the Workforce. H.R. 398: Mr. DINGELL. YNN By Mr. TANCREDO (for himself, Mr. H.R. 399: Ms. BERKLEY. Mr. W . HEFLEY, Mr. MCINNIS, Ms. DEGETTE, H.R. 417: Mr. EVANS. H.R. 1086: Mr. LEWIS of Georgia, Mr. LAN- Mr. SCHAFFER, and Mr. UDALL of Col- H.R. 443: Ms. ESHOO and Mr. UDALL of Colo- TOS, and Mr. CROWLEY. orado): rado. H.R. 1093: Ms. ESHOO, Mr. CONYERS, and Mr. H. Con. Res. 92. Concurrent resolution ex- H.R. 483: Mr. BROWN of Ohio. LAFALCE. pressing the sense of Congress with respect H.R. 516: Mr. DICKEY. H.R. 1102: Ms. ESHOO, Mr. MCHUGH, and Mr. to the tragic shooting at Columbine High H.R. 518: Mr. DICKEY. GONZALEZ. School in Littleton, Colorado; to the Com- H.R. 557: Mr. KING. H.R. 111: Mr. WISE. H.R. 558: Mr. FOLEY. mittee on Education and the Workforce. H.R. 1115: Mr. MOORE, Mr. GEJDENSON, Mr. H.R. 570: Mr. GARY MILLER of California. By Ms. PRYCE of Ohio (for herself, Mr. OBERSTAR, Mr. EVANS, Mr. BEREUTER, Mr. H.R. 576: Mr. MEEKS of New York. DELAY, Mr. HYDE, Mr. MCCOLLUM, DAVIS of Virginia, Mr. DIXON, Mrs. EMERSON, H.R. 577: Mr. GARY MILLER of California Mr. EWING, Mr. GREENWOOD, Mrs. Ms. RIVERS, Mr. LEWIS of Georgia, Mr. and Mr. BLUNT. JONES of Ohio, Mr. SCOTT, Mrs. JOHN- DICKEY, Mr. HUTCHINSON, Ms. MCCARTHY of H.R. 582: Mr. WYNN. SON of Connecticut, and Mr. GOOD- Missouri, and Mr. HILLIARD. LING): H.R. 583: Mr. KILDEE. H.R. 1126: Mr. MEEKS of New York. H. Con. Res. 93. Concurrent resolution ex- H.R. 590: Mr. SANFORD. pressing the sense of the Congress regarding H.R. 592: Ms. CARSON, Mr. CROWLEY, Mrs. H.R. 1130: Mr. ALLEN. the social problem of child abuse and neglect KELLY, Mr. WATKINS, Mr. BUYER, Mr. STUMP, H.R. 1142: Ms. DANNER, Mr. EHRLICH, Mr. and supporting efforts to enhance public Mr. FORBES, Mr. ENGLISH, Mr. KING, and Mr. ENGLISH, Mrs. MYRICK, Mr. DICKEY, Mrs. awareness of this problem; to the Committee WEINER. BONO, Mr. BARRETT of Nebraska, Mr. on Education and the Workforce, and in ad- H.R. 625: Mr. GARY MILLER of California. METCALF, Mr. NETHERCUTT, Mr. SESSIONS, dition to the Committee on the Judiciary, H.R. 644: Mr. BROWN of California. Mr. DUNCAN, Mr. PICKETT, Mrs. EMERSON, Mr. for a period to be subsequently determined H.R. 657: Ms. SLAUGHTER. TAYLOR of North Carolina, and Mr. DEMINT. by the Speaker, in each case for consider- H.R. 682: Mr. LOBIONDO and Mr. MEEKS of H.R. 1146: Mr. CRANE. ation of such provisions as fall within the ju- New York. H.R. 1160: Mr. SNYDER, Mr. LANTOS, Mr. H.R. 697: Mr. KINGSTON, Mr. WHITFIELD, Mr. risdiction of the committee concerned. HALL of Texas, Mr. KUCINICH, Ms. KAPTUR, GOODE, and Mr. NORWOOD. By Mr. PORTER (for himself, Mr. GIL- Mr. WYNN, and Mrs. KELLY. H.R. 698: Mr. SUNUNU and Mr. NETHERCUTT. MAN, Mr. WOLF, and Mr. HALL of H.R. 1163: Mr. DEFAZIO, Ms. LEE, and Ms. H.R. 721: Mr. INSLEE. Ohio): SLAUGHTER. H.R. 724: Mr. CROWLEY and Mr. BROWN of H. Res. 152. A resolution recognizing the H.R. 1168: Mr. DELAHUNT, Mr. WYNN, Mr. commitment and dedication of members of California. H.R. 735: Mr. WHITFIELD. WHITFIELD, Mr. BARCIA, Mr. LAFALCE, and America’s humanitarian relief nongovern- Mr. OLVER. mental organizations and private volunteer H.R. 750: Mr. BARTON of Texas. H.R. 753: Mrs. CLAYTON, Mr. WYNN, and Ms. H.R. 1180: Mr. SMITH of New Jersey, Mr. organizations for their rapid and courageous EDDIE BERNICE JOHNSON of Texas. BARRETT of Nebraska, Mr. HINCHEY, Mr. PAS- response to recent disasters in Central Amer- H.R. 775: Mr. WATTS of Oklahoma, Mrs. TOR, Mr. KLECZKA, Mr. KIND, Mr. WEYGAND, ica and Kosova, and of the local nongovern- WILSON, and Mrs. JOHNSON of Connecticut. Mr. MOAKLEY, Mrs. EMERSON, and Mrs. mental organizations and individuals in H.R. 793: Mr. FLETCHER. NORTHUP. these regions with whom they work; to the H.R. 817: Mr. PHELPS. H.R. 1188: Mrs. MEEK of Florida and Mr. Committee on International Relations. H.R. 828: Ms. KAPTUR. LAFALCE. f H.R. 833: Mr. CASTLE, Mr. JOHN, Mr. NOR- H.R. 1193: Mr. CROWLEY, Mr. EVANS, Mr. ADDITIONAL SPONSORS WOOD, and Mr. SWEENEY. GUTIERREZ, Mr. KLINK, and Ms. DEGETTE. H.R. 834: Mr. UDALL of New Mexico, Mr. H.R. 1215: Mr. DEFAZIO. Under clause 7 of rule XII, sponsors CRAMER, and Mr. SIMPSON. H.R. 1218: Mr. WICKER. were added to public bills and resolu- H.R. 838: Ms. STABENOW. H.R. 1224: Mr. JEFFERSON. tions as follows: H.R. 842: Mr. SAWYER and Mr. MICA. H.R. 1244: Mr. LAHOOD, Mr. RYAN of Wis- H.R. 845: Mr. MATSUI. H.R. 6: Mr. GORDON, Mr. MEEKS of New consin, Mrs. NORTHUP, and Mr. NUSSLE. York, and Mr. PALLONE. H.R. 850: Mr. CROWLEY. H.R. 1245: Mr. ROTHMAN, Ms. KILPATRICK, H.R. 8: Mr. TAYLOR of North Carolina and H.R. 894: Mr. DEMINT and Mr. DAVIS of Vir- Mr. BERMAN, Mrs. CHRISTENSEN, Ms. Mr. EHLERS. ginia. SCHAKOWSKY, Mr. GEORGE MILLER of Cali- H.R. 49: Mr. WISE, Mr. WOLF, and Mr. ED- H.R. 920: Mr. CROWLEY and Mr. BROWN of fornia, Mr. LAFALCE, Mr. MCGOVERN, Ms. WARDS. California. H.R. 51: Mrs. MYRICK. H.R. 925: Ms. SLAUGHTER, Mr. INSLEE, and MCKINNEY, Ms. NORTON, and Ms. ESHOO. H.R. 82: Mr. TALENT, Mr. FOLEY, Ms. Mrs. MEEK of Florida. H.R. 1248: Mrs. CLAYTON, Mr. WEYGAND, Mr. MILLENDER-MCDONALD, Mr. BLUNT, and Mr. H.R. 959: Mr. FALEOMAVAEGA. ROTHMAN, Mr. FALEOMAVAEGA, Mr. BARRETT PICKETT. H.R. 960: Ms. SCHAKOWSKY and Mr. MOAK- of Wisconsin, Mr. CARDIN, Mr. FARR of Cali- H.R. 110: Mr. SISISKY, Mr. GORDON, Mrs. LEY. fornia, Mr. BRADY of Texas, Ms. THURMAN, Ms. WATERS, Ms. DELAURO, Mr. H.R. 984: Mr. ARMEY, Ms. DUNN, Mr. SHAW, SCHAKOWSKY, Mr. WYNN, Mr. GILCHREST, and ANDREWS, and Mr. PICKETT. Mr. MCINNIS, Mr. DAVIS of Virginia, Mr. Mr. POMEROY.

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H.R. 1250: Mr. GUTIERREZ. H.R. 1402: Mr. SISISKY, Mr. RODRIGUEZ, Mr. H. Con. Res. 79: Mr. FRANKS of New Jersey, H.R. 1256: Mr. SESSIONS, Mr. NORWOOD, and WYNN, Mr. MCINNIS, Mr. ISAKSON, Mr. EVER- Mr. BOUCHER, Mr. RILEY, Mr. LOBIONDO, Mr. Mr. LARGENT. ETT, Mr. SHADEGG, Mr. TURNER, Ms. MCCAR- PAUL, Mr. PHELPS, Mr. WATKINS, Mr. H.R. 1298: Mr. FROST and Mr. LAFALCE. THY of Missouri, Mr. EDWARDS, Mrs. MEEK of ADERHOLT, Mr. HILL of Indiana, Mrs. H.R. 1299: Mr. MINGE. Florida, Mr. DIAZ-BALART, Mr. UDALL of New BIGGERT, Mr. PASTOR, Mr. TURNER, Mr. H.R. 1302: Ms. RIVERS. York, and Mr. LUCAS of Kentucky. BALDACCI, Ms. RIVERS, Mr. THOMPSON of Cali- H.R. 1313: Ms. SLAUGHTER, Mr. MATSUI, H.R. 1413: Mr. SANDERS and Mr. SCHAFFER. fornia, Mrs. JONES of Ohio, Mr. WHITFIELD, Mrs. MYRICK, and Ms. JACKSON-LEE of Texas. H.R. 1425: Mr. DUNCAN. Mr. KIND, Mr. HANSEN, Mr. CANADY of Flor- H.R. 1317: Mr. MEEKS of New York, Mr. H.R. 1441: Mr. WATTS of Oklahoma. ida, Mrs. MYRICK, Mr. ROGERS, Mr. JEFFER- TALENT, and Mr. HINCHEY. H.R. 1443: Ms. EDDIE BERNICE JOHNSON of SON, Mrs. JOHNSON of Connecticut, Ms. H.R. 1322: Mr. EHRLICH and Mr. HASTINGS of Texas. STABENOW, and Mr. NEY. Washington. H.R. 1470: Mr. BARRETT of Wisconsin. ANFORD ANSKE H.R. 1325: Mr. BURR of North Carolina, Mr. H.R. 1491: Mr. LAFALCE, Ms. LOFGREN, Mr. H. Con. Res. 82: Mr. S , Mr. G , ETCALF CAMPBELL,, Mrs. CHRISTENSEN, Mr. COYNE, VISCLOSKY, Mr. BARRETT of Wisconsin, Mr. and Mr. M . Mr. CUMMINGS, Mrs. EMERSON, Mr. FRANK of CLYBURN, Mr. RAHALL, and Mr. KLINK. H. Con. Res. 84: Mr. BEREUTER, Mr. Massachusetts, Ms. JACKSON-LEE of Texas, H.R. 1494: Mr. WHITFIELD. HULSHOF, Mr. KUYKENDALL, and Mr. MAN- Ms. KILPATRICK, Mr. MORAN of Virginia, Mr. H.R. 1495: Mr. MCGOVERN, Mr. SANDLIN, Mr. ZULLO. OBERSTAR, Mr. SANDERS, Mr. SAWYER, Mr. GEORGE MILLER of California, Mr. KENNEDY H. Res. 41: Mr. BAIRD, Mr. DREIER, Mr. UNDERWOOD, Mr. WAXMAN, and Mr. WOLF. of Rhode Island, and Mr. WYNN. LEWIS of Georgia, and Mrs. LOWEY. H.R. 1337: Mr. HERGER, Mr. COOK, Mr. H.R. 1497: Mr. BALDACCI, Ms. DEGETTE, Mr. H. Res. 89: Mr. GEJDENSON, Mr. LAFALCE, WHITFIELD, Mr. HAYWORTH, Mr. HULSHOF, Mr. MEEKS of New York, Ms. NORTON, Ms. EDDIE Mr. WYNN, and Mr. ENGLISH. BERNICE JOHNSON of Texas, and Mrs. ENGEL, Mr. LAFALCE, Mr. BURR of North H. Res. 109: Mr. KLECZKA, Mr. WISE, Mr. NAPOLITANO. Carolina, Mr. STARK, Mr. CUNNINGHAM, Mr. THOMPSON of Mississippi, Mr. SMITH of Wash- H.R. 1505: Mr. COLLINS. KENNEDY of Rhode Island, and Mrs. MORELLA. ington, Mr. KOLBE, Mr. WICKER, Mr. MOORE, H.R. 1342: Mr. WEXLER, Ms. SLAUGHTER, H.R. 1519: Mr. GUTIERREZ H.R. 1525: Mr. DAVIS of Illinois, Ms. Mr. CLYBURN, Mr. HILL of Montana, Mr. BE- Mrs. MALONEY of New York, Mr. LAFALCE, MILLENDER-MCDONALD, Mr. WEINER, and Mr. REUTER, Mr. PHELPS, Mr. BALLENGER, Mr. Mr. TIERNEY, Mr. WEYGAND, Mr. NADLER, Mr. MINGE. WYNN, and Mr. NETHERCUTT. RYUN of Kansas, Ms. LEE, and Mr. CROWLEY. H.R. 1549: Mr. ENGLISH, Ms. PELOSI, Mr. H. Res. 115: Mr. GOODE, Mr. BLAGOJEVICH, H.R. 1354: Mr. THORNBERRY and Mr. BLUNT. DINGELL, Mr. ROEMER, and Ms. KAPTUR. Mr. TALENT, Ms. ROYBAL-ALLARD, Mr. BROWN H.R. 1355: Ms. WOOLSEY, Mr. BLUMENAUER, H.R. 1554: Mrs. BONO, Mr. STRICKLAND, Mr. of Ohio, Mr. ABERCROMBIE, Mrs. NAPOLITANO, Mr. BROWN of California, Ms. NORTON, Mr. HILL of Montana, and Mr. NADLER. and Mrs. MINK of Hawaii. WAXMAN, Mr. FILNER, Mr. PRICE of North H.R. 1556: Mr. ETHERIDGE, Mr. DEFAZIO, Mr. Carolina, Ms. SLAUGHTER, Mr. BLAGOJEVICH, H. Res. 146: Mrs. MORELLA, Mr. MEEHAN, UPTON, Mr. CLEMENT, Mr. WHITFIELD, Mr. Mr. ALLEN, Mr. WU, and Mr. STARK. Mr. BOEHLERT, Mr. TIERNEY, Mr. GUTIERREZ, GILMAN, Mr. MCHUGH, Mr. ENGLISH, Mr. HOB- H.R. 1366: Mrs. BONO, Ms. DUNN, Mr. BARR and Mr. GEJDENSON. SON, Ms. RIVERS, and Mrs. Kelly. of Georgia, Mrs. KELLY, Mr. FRANKS of New H.J. Res. 9: Mr. SANFORD, and Mr. GOODE. Jersey, Mr. TIAHRT, Mr. REYNOLDS, Mr. H.J. Res. 41: Mr. DEUTSCH, Mr. MEEKS of f FROST, Mr. RYAN of Wisconsin, Mr. COLLINS, New York, and Mr. BAIRD. Mr. ANDREWS, Mr. CLAY, Mr. WELLER, Mr. H. Con. Res. 8: Mr. SHIMKUS. DELETIONS OF SPONSORS FROM ARMEY, and Mr. BACHUS. H. Con. Res. 30: Mr. WICKER, Mr. BACHUS, PUBLIC BILLS AND RESOLUTIONS H.R. 1368: Mr. ROHRABACHER, Mr. METCALF, and Mr. CAMPBELL. and Mr. GARY MILLER of California. H. Con. Res. 60: Mr. BROWN of California, Under clause 7 of rule XII, sponsors were H.R. 1385: Mr. STRICKLAND, Mrs. MINK of Mr. BARRETT of Nebraska, and Mr. LEVIN. deleted from public bills and resolutions as Hawaii, Mr. RAHALL, Mr. LAFALCE, Mr. H. Con. Res. 77: Mr. WICKER and Mr. LEVIN. follows: COSTELLO, Mr. GILCHREST, Mr. SESSIONS, and H. Con. Res. 78: Mr. GEORGE MILLER of Mr. OLVER. California, Ms. WOOLSEY, Mr. SHAYS, Mr. LU- H.R. 351: Mr. CUMMINGS. H.R. 1395: Mr. REYES. THER, Mr. CARDIN, and Mr. BLAGOJEVICH. H.R. 1239: Mrs. CHRISTENSEN.

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Vol. 145 WASHINGTON, TUESDAY, APRIL 27, 1999 No. 58 Senate The Senate met at 10 a.m. and was ORDER FOR RECESS extraordinarily capable, patient, and called to order by the President pro I ask unanimous consent that at 12:30 talented person. No one else could have tempore [Mr. THURMOND]. p.m. the Senate stand in recess until done what he did. 2:15 p.m. for the weekly party caucus Senator Mitchell received a standing PRAYER luncheons. ovation for his words that evening— The Chaplain, Dr. Lloyd John The PRESIDENT pro tempore. With- words that came from his heart and Ogilvie, offered the following prayer: out objection, it is so ordered. mind. Almighty God, the true Source of Mr. VOINOVICH. Mr. President, fol- I ask unanimous consent that his spiritual, intellectual, emotional, voli- lowing the policy lunch, at 2:15 the words be printed in the RECORD. tional, and physical power, we need a Senate will resume consideration of There being no objection, the re- fresh flow of Your Spirit for the work the Y2K bill. Rollcall votes on amend- marks were ordered to be printed in of this day. We confess our insuffi- ments to the bill are expected during the RECORD, as follows: ciency and pray for Your power to today’s session. Votes are also possible REMARKS BY SENATOR GEORGE J. MITCHELL think Your thoughts, to do Your will on any other legislative or executive ON RECEIPT OF THE MEDAL OF FREEDOM, THE as You reveal it, to love unselfishly, to item cleared for action. WHITE HOUSE, MARCH 17, 1999 forgive graciously, and to act ener- I thank my colleagues for their at- Thank you, Mr. President, for your gen- getically with renewed strength and tention. erous remarks, and for your commitment to endurance. You have told us that You I suggest the absence of a quorum. peace and reconciliation in Northern Ireland. pour out Your greatest blessings on The PRESIDENT pro tempore. The You are the only American President ever to those who put their ultimate trust in clerk will call the roll. have placed Northern Ireland high on our na- tional agenda, the only President ever to You alone. You are the Rock of Ages The legislative clerk proceeded to call the roll. have visited there while in office. The people on which we can stand, the Intervener of Ireland, North and South, know of your when we are in trouble, the One who (Mr. VOINOVICH assumed the chair.) concern for their future; and they are deeply opens doors of opportunity for the next Mr. LEAHY. Mr. President, I ask grateful. In behalf of peace loving people ev- step of Your strategy for us, our Friend unanimous consent that the order for erywhere, I thank you. in life’s lonely moments, and the the quorum call be rescinded. I also want to thank you for giving me the Source of courage whenever we are The PRESIDING OFFICER (Mr. chance to serve in Northern Ireland. I must tempted to give up in the battle for THOMAS). Without objection, it is so or- admit that I didn’t always feel this way. truth and righteousness in America. dered. During the years that I sat and listened to the same arguments, over and over again, I f Bless the Senators and all of us who had other, less charitable thoughts about are privileged to work with and for MORNING BUSINESS you and about my role there. them. May this be a day in which we It was difficult and demanding, but it also all sense Your presence and receive Mr. LEAHY. Mr. President, on March was deeply rewarding. For me to have played Your power. Through our Lord and 17, Senator George Mitchell received a part in trying to end an ancient conflict, Saviour. Amen. the Medal of Freedom at the White trying to make possible a more safe and se- House. cure life for generations to come; for me to f The day was picked especially be- have come to know, to admire, and to love the people of Northern Ireland—these are re- RECOGNITION OF THE ACTING cause Irish Americans had gathered at the White House, but also Irish from wards which cannot be measured, or even de- MAJORITY LEADER scribed. both Northern Ireland and the Republic I can only say that my heart is overflowing The PRESIDENT pro tempore. The of Ireland were in attendance. acting majority leader is recognized. with gratitude—to you, Mr. President; to the All together, with the President of political leaders and to the people of North- f the United States, we honored the ex- ern Ireland; to Prime Ministers Ahern and traordinary achievements of the Blair and their predecessors; to Mo Mowlam SCHEDULE United States Senate’s former major- and David Andrews and their predecessors Mr. VOINOVICH. Mr. President, ity leader. and colleagues; to my colleagues, John de today the Senate will be in a period of Marcelle and I were in attendance Chastelain and Harri Holkeri; to my staff, morning business until 11:30 a.m. Fol- with great pride in watching our Martha Pope, David Pozorski, and Kelly Currie; and especially to my wife, Heather, lowing morning business, the Senate friend, Senator Mitchell. We were hon- who was patient and understanding through will begin debate on S. 96, the Y2K bill, ored also to be with his wife, Heather, three-and-a-half long, lonely years. with amendments expected to be of- and other members of his family. Hav- On an occasion like this, it is tempting for fered. ing served with him, I know he is an me to take a nostalgic look back on my life.

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

S4213

. S4214 CONGRESSIONAL RECORD — SENATE April 27, 1999 But instead we must look forward, with ur- face are no greater or more difficult than classified as federally impacted; that gency, not to my life, but to the lives of the those you faced, and dealt with, last year. is, they live on Federal land. people of Northern Ireland. You must once more rise above adversity. For almost 50 years, Congress has The events of the past year have shown the You must again defy history. provided financial assistance to school great promise of peace. But they also have You must come together, now and as often shown that huge obstacles remain to a dura- as necessary until peace is assured. Then you districts that are impacted by a Fed- ble and sustainable peace. On Good Friday of will deserve and receive the honor that will eral presence. We call this Impact Aid last year, the political leaders of Northern transcend all others: the satisfaction of funding. Unfortunately, it has been un- Ireland showed the world the meaning of po- knowing that, in the most difficult and dan- derfunded for the last 15 years. And litical courage. Many of these leaders are gerous of circumstances, you have bestowed even worse, for the last 5 years Impact present, and I’d like to recognize some of on your countrymen the ultimate prize peace Aid schools have received zero dollars them: David Trimble, John Hume, Seamus and reconciliation. Mallon, Reg Empey, Gerry Adams, John to help in paying for badly needed re- After you reached agreement on Good Fri- pairs and construction. Alderdice, Sean Neeson, David Ervine, day, we were exhausted, elated, and emo- Monica McWilliams and Gary McMichael. tional. I conclude tonight by repeating what This has created an underclass of Ladies and gentlemen, these are the heroes I told some of you then. schools with glaring infrastructure of the Northern Ireland Peace process. These The agreement was for me the realization problems that border on dangerous and are the men and women who deserve the of a dream that had sustained me for three- inhumane. medals and the applause. They are my and-a-half years. Now, I have a new dream. How bad is it, you may ask? Let me friends, and yours. Please join me in letting In a few years, I will take my young son to tell you. them know how much you value their Good Northern Ireland. We will roam the country, Friday agreement. In one school in Montana, the Hays taking in the sights and sounds of one of the Lodge Pole Elementary School on the I’d like to address those leaders directly. most beautiful landscapes on earth, feeling You’ve heard the applause. Perhaps better Fort Belknap Reservation, they say the warmth and generosity of a great people. than anyone, I know how well deserved it Then, on a rainy afternoon, we will go to the that the high school has infrastructure was. But even before the applause fades, the Northern Ireland Assembly. We will sit problems that are so bad that saying it future intrudes. has problems is like saying that the Ti- Getting the agreement was historic. But, quietly in the visitors’ gallery and watch and as you know, by itself it doesn’t provide or listen as you debate the ordinary issues of tanic had a small leak. guarantee peace. It makes peace possible. life in a democratic society: education, Whenever it rains or snows, the roof Whether it will be realized is up to you. health care, agriculture, tourism. There will leaks making classrooms unusable. The The Good Friday Agreement transformed be no talk of war, for the war will have long kindergarten is located on a stage, not Northern Ireland. It also transformed you. been over. There will be no talk of peace, for in a classroom. The school nurse and You are no longer just the leaders of your peace will be taken for granted. On that day, the day on which peace is counselor work out of a converted parties, or members of the assembly. You are locker room shower with no ventila- the vessels into which the people of Northern taken for granted in Northern Ireland, I will Ireland have poured their hopes and dreams. be truly and finally fulfilled. tion. The decrepit sewage system regu- You sought public office and with it comes Mr. LEAHY. Mr. President, I suggest larly backs up into this same shower, power and responsibility. You have the awe- the absence of a quorum. filling the nurse’s and counselor’s of- some responsibility of life or death. What The PRESIDING OFFICER. The fice with raw sewage. And all special you do, or don’t do, could mean life or death clerk will call the roll. education services, which a large per- for many of your fellow citizens. centage of students use, are provided in As he left London to join us at the talks The legislative assistant called the last April, Tony Blair said he felt the hand of roll. a separate house requiring the children history on his shoulder. It’s still there, on Mr. BAUCUS. Mr. President, I ask or staff to walk over an ice rink in high your shoulders. unanimous consent that the order for winds and adverse weather just to get For a moment, come back in time with me the quorum call be rescinded. to class. to December 16, 1997, the last negotiating The PRESIDING OFFICER. Without While some may say, OK, that sounds session of that year. We met in the small objection, it is so ordered. like a bad deal, shouldn’t the local tax- conference room at Stormont. We had tried Mr. BAUCUS. Mr. President, what is payers pass a mill levy to build a new for two intense weeks to get agreement on a school? Or shouldn’t they get help from statement of the key issues to be resolved, the pending business? and we had failed. We were all bitterly frus- The PRESIDING OFFICER. The Sen- the President’s school construction bill trated and deeply discouraged. ate is in morning business. The Sen- which gives billions of dollars in bond- As we walked out into the windswept and ator is granted 10 minutes. ing authority to school districts for rainy night, it seemed so hopeless, so impos- Mr. BAUCUS. I thank the Chair. just these sorts of problems? The an- sible. And yet, less than four months later, f swer, sadly, is no. you reached agreement. The problem is that these schools How did you do it? You did it because each FEDERALLY IMPACTED SCHOOL have no bonding authority. Since the of you took a risk for peace, each of you IMPROVEMENT ACT acted with wisdom and courage. And you did land is owned by the Federal Govern- it because you knew, in your hearts, that the Mr. BAUCUS. Mr. President, I rise ment, there is no local mill levy to alternative was unacceptable. today to speak to the Federally Im- raise. And since the Federal Govern- It stills is. The alternative to peace in pacted School Improvement Act. ment has, for 5 consecutive years, pro- Northern Ireland is unacceptable. It should As we all know, there is a very im- vided zero dollars for repairing Impact be unspeakable, unthinkable. The continued portant debate going on in our country Aid schools, these problems have just punishment beatings and the savage murder today concerning our Nation’s schools. gotten worse and more expensive. And of Rosemary Nelson, who on Sunday was Schools all across our country are blown to death just a few yards from her it is our children who pay the price. eight year old daughter’s school, are like crumbling, in many cases in such dis- So the Baucus-Hagel Federal Im- alarm bells ringing in the night. They warn repair that it affects the child’s ability pacted School Improvement Act aims that the cancer of violence and sectarian ha- to learn or even feel safe. I hope and to fix that. Make no mistake, this is tred lurks just below the surface and could expect that this Congress will reach a not some budget-busting Government erupt at any time into wide-spread conflict. consensus on a school construction bill handout. The act authorizes a small History might have forgiven failure to very soon. but meaningful $50 million a year ap- reach an agreement, since no one thought it I support and have cosponsored sev- propriation for the next 5 years for Im- possible. But once the agreement was reached, history will never forgive the fail- eral bills in the last Congress that en- pact Aid school construction and re- ure to carry it out. The people of Northern courage a nationwide effort to rebuild pair. Ireland don’t want to slip back into the caul- our public schools. Quite simply, it is And 45 percent of the funds appro- dron of sectarian conflict. You can prevent the right thing to do. priated under the bill go to Indian it. But in a heated national debate, one lands. Another 45 percent is dedicated Those who oppose the agreement have group of children is continually left to military schools. The final 10 per- failed to bring it down. As Seamus Mallon out in the cold; that is, students who cent is reserved for emergency situa- has said, the only people who can bring the live on federally owned land, usually Good Friday down are those who supported tions. it. You cannot let that happen. an Indian reservation, very often a In order to make this small appro- I know you. I trust you. I believe in you. military installation. In my State of priation go further, our bill requires And I say to you that the problems you now Montana, about 12,000 children are local school districts to match every April 27, 1999 CONGRESSIONAL RECORD — SENATE S4215 Federal dollar except for the 10 percent night because they did not have enough moths, one of the giant agrifactories in reserved for true emergencies. The act to eat. Then in the same global econ- America, you have to like the current also limits to $3 million the amount an omy, with so many hungry people, a circumstance. You have low prices at individual school district can receive farmer somewhere in Cando, ND, or Re- which you can buy the grain. Then you in any 5-year period. This is done to en- gent, ND, today loads up a truckload of can put it in your plant, apply some air sure that all—or at least more—im- wheat and takes it to the county eleva- to it, and you can puff it up. Now you pacted schools will have the oppor- tor and is told that the food has no can call it puffed wheat and put it on tunity to use these grants to improve value. That is not a global economy the grocery store shelf. And while you the lives of their children. that seems to work, in my judgment. are paying less for the grain, you can Mr. President, this bill is vital to a This chart shows what is happening increase your prices. That is exactly vast number of children in Montana, in the heartland of our country. Most what is happening, and that is exactly Nebraska, and all across our country. I of it is because of the urgency of the what was announced last week. am hopeful that a comprehensive economic crisis facing family farmers. Grain prices for family farmers are school construction bill can pass this These red counties are the counties collapsed. Cereal manufacturers are Congress. But let me tell the Senate which have lost more than 10 percent saying, we want to increase cereal today, Senator HAGEL and I plan to of their population. Many of them have prices 2.5 percent. You talk about a dis- make sure that any school construc- lost far more. My home county connection. You talk about short- tion bill that passes this Senate will [Hettinger] is right up in here. It has circuiting the economic system. That also take care of federally impacted lost almost half of its population in the is a short-circuit. school districts. last 25 years. The question for this Congress is, Do We hope to pass this bill regardless of The middle part of America is being we care? I do. Do enough others care to the larger debate. But if that does not depopulated. We have a farm program want to save family farmers? Or is happen, we will also work to include that doesn’t work. We have natural dis- America’s food production destined to this act in a broader school construc- asters that affect these family farmers. go to the giant agrifactories that farm tion bill. We have crop diseases. A GAO study I America from California to Maine with In closing, I want to reiterate that just released last week shows that in nary a person in sight—no farm lights, the children who attend schools on In- North Dakota a crop disease called no yard lights out there illuminating dian lands or military installations are scab or vomitoxin has cost our farmers where a family lives and does its all of our children. We must not ignore $200 million a year in lost income. work—because there won’t be families them or allow their schools to fall into They say 750 farmers have lost their on the farm? dangerous disrepair. They deserve the farms because of just that one crop dis- Or does this country, does this Con- same education as every other child. ease, the worst crop disease in a cen- gress, as many other countries, believe Let us take this opportunity to redress tury in my home State. that a broad network of family pro- our negligence in ignoring these chil- Natural disasters, crop diseases; how ducers on America’s farms and ranches dren, and show them that we care. about trade? How about telling our represents the best economic system? Let’s pass this bill. family farmers to compete in the glob- Do we believe in the Jeffersonian Mr. President, I yield the floor and al economy with the Europeans sub- model that Thomas Jefferson talked suggest the absence of a quorum. sidizing their farmers in multiples of about: That which keeps America free The PRESIDING OFFICER. The what we are while we try to help our is broad-based economic ownership, be- clerk will call the roll. farmers open foreign markets. You cause economic freedom relates to po- The legislative assistant proceeded compete in the international market- litical freedom? to call the roll. place with one hand tied behind your Do we really believe in broad-based Mr. DORGAN. Mr. President, I ask back. Or how about international trade economic ownership? If so, let’s start unanimous consent that the order for that says, why don’t we have the Cana- to manifest that belief in farm policy. the quorum call be rescinded. dians dump tens of thousands of semi- Let’s decide that current farm policy is The PRESIDING OFFICER. Without truckloads of their grain, their durum a bankrupt policy. The bill that was objection, it is so ordered. wheat and their spring wheat into our passed, the current farm bill that was f marketplace in conditions of unfair passed that pulls the rug out from trade, driving down our prices. That is under family farmers says, when prices AMERICA’S FAMILY FARMERS all right, and we will sit by and do collapsed, do not bank on us for help— Mr. DORGAN. Mr. President, I know nothing about it. when that bill was passed, without my there has been discussion about the That is not a fair circumstance for vote in this Congress, there was feast- agenda here in the Senate, what the our farmers. Japan, China; how many ing and rejoicing and celebrating here Senate will take up, what it will con- in this Chamber know that currently in this town by the largest agri- sider, what it will debate in the coming the tariff on American beef going into businesses because they thought they days and weeks and months. I hear Japan is 45 percent, a 45-percent tariff? had just won the lottery. What a won- very little discussion about the need to If we imposed that on anybody, we derful deal for them. respond to the farm crisis in the rural would be considered a massive failure. Someday we will have lower grain parts of our country. China says maybe they will decrease prices, they thought, and we will buy I have, on half dozen occasions now, their tariff on American beef going this grain from family farmers cheap, brought to the floor of the Senate a into China. It is now 42.5 percent. and then eventually the family farmers chart that shows our entire country Our farmers deserve better trade will be gone. They will take over the with those counties blocked out in red policies than they are getting from this farms and farm all of our country. that are losing population. What it Government of ours. Our Government They will put that grain in plants and shows is a large part of the middle of cannot do much about natural disas- will make substantial money off of it. our country is being depopulated. We ters except respond to them with a That is exactly what happened at the have a serious and abiding farm crisis. helping hand at a time when people expense of family farmers. That depopulation in the middle part need help. It can do something about The question before this Congress is: of America stems in large part from a trade policy that is unfair to our pro- Are we going to have the will to do farm economy that means family farm- ducers. And certainly, this administra- what is necessary to repair the hole in ers are not making a living and all too tion and this Congress, especially this the safety net for family farmers? Do often are having to leave the farm. Congress, ought to do something about we care whether there are family farm- We keep hearing that it is a global a farm bill that shortchanges American ers left in our country? economy. If it is a global economy, farmers. Wheat prices have fallen 53 percent. then why on earth do we have so many The current farm bill we have is a Let me show a chart which dem- people hungry in the rest of the world? wonderful bill if you are Cargill or Con- onstrates what has happened to wheat We are told 500 to 600 million people go tinental or some large grain trading prices. I ask any American, I ask any to bed with an ache in their belly every company. If you are one of the behe- Member of the Senate, how would you S4216 CONGRESSIONAL RECORD — SENATE April 27, 1999 feel if this was what was happening to up a newspaper that I got on an air- I tell that story because that was a your paycheck? How well would you do plane in Minneapolis. This paper said: farmer from the Deep South. I rep- if this was what your income looked ‘‘Cargill Profits From Decline in Farm resent North Dakota, the opposite end like? That is what the income looks Prices; 53 percent jump in earnings.’’ I of the country. We are having exactly like on our farms. don’t know Cargill. It is a big the same experience in our part of the On America’s farms, they see Depres- agrifactory. ‘‘Cargill Profits From De- country, a farm depression. sion-era prices in constant dollars, but cline in Farm Prices.’’ As do all of the This is a cartoon that ran in the their expenses keep going up. Try to big economic interests. This was in the major newspaper back home. It is a buy a tractor or a combine, fertilizer, same newspaper: ‘‘General Mills to picture of vultures sitting on signs of seed, fuel, at today’s prices. See if you Boost Cereal Prices 2.5 Percent.’’ There farm auctions, pointing the way to get a bargain. But then sell the grain is a decline in farm prices, farm prices farm auctions. There are one, two, that comes from the sweat and the have collapsed, but cereal manufactur- three, four, five, six, seven different labor, from driving the tractor, plant- ers are going to increase the price of signs pointing towards farm auctions ing the seeds in the spring, tending breakfast food 2.5 percent. with the buzzard sitting on top of the that crop through the year and at har- I think the consumers and farmers sign. The cartoon says, ‘‘Tis spring! Tis vesting in the fall. Try to sell that are both victimized, and they have a spring! Tis spring!’’ crop, and see what they tell you. Then right to ask what on Earth is going on That is how an awful lot of us are it is not so much a circumstance where in this country. Farmers are being feeling because in most of the country they say, well, times have changed and shortchanged and consumers are being we are celebrating spring. Certainly things cost more. They say, your prod- overcharged. What on Earth is hap- here in the Nation’s Capital we see uct that you worked so hard to create pening and when is somebody going to beautiful flowers in bloom and we are is worth less, worth less or worthless. do something about it? enjoying absolutely gorgeous weather. This country can do better than that. On the same day in that newspaper, We are celebrating a rebirth, a renewal. If we don’t do better than that, we these two stories tell of the sad, sad But we are not celebrating in farm won’t have any farmers left. events that now confront our family country because spring has brought us We need to decide that by the Memo- farmers: collapsed prices and a cir- up against hard reality. The hard re- rial Day break or by the July 4 break cumstance where all of those who take ality is that our operations are not at the very latest, we need to do some- their product and use it, turn it into going to make it. They are not cash- thing to repair this safety net. The cereal for store shelves, those who haul flowing. Many farmers are not getting first step is obvious. I just spoke over it, those who trade it, and those who the credit they need to get into the in the Appropriations Committee hear- add value to that product are making field this spring. ing. We have an emergency bill which That is why the now stalled emer- provides for the first spring planting record profits, increasing prices, and are doing fine. But family farmers, of gency supplemental is important. It loans. That emergency bill was passed provides emergency disaster funding many weeks ago here in the Senate and course, are going broke. This Congress must decide, and de- for farm credit to assure that those now, of course, awaits action on the who are credit worthy can get into the Kosovo emergency question. But the cide quickly. I and others will be com- field to plant this year’s crop. climate doesn’t wait. The spring ing to the floor repeatedly to ask this question: Why is it when people talk Too many feel that agriculture has doesn’t wait. Spring planting is needed turned against them, that policy here to move ahead now. Yet the loans that about family values they only refer to cultural values? Why is the family not has turned against them, that trade many farmers need to get into the field policy has turned against them, and, for the spring, to buy the fuel and buy valued as an economic unit in this yes, that market forces have turned the seed, those loans are not available country? Why aren’t family economics important? The family farm, the fam- against them. because we haven’t passed that emer- Look at the very tough facts that our gency supplemental dealing with those ily business—that is an economic unit that is important to this country, and producers face. This chart shows wheat emergency loans. prices. The red line on the chart shows That is the first step. That ought to our public policy ought to reflect that. the cost of production across the coun- be done immediately. It is long past the time when Congress The second step is, between now and ought to address this farm crisis in a try. Producing a bushel of wheat costs the Memorial Day break or the July 4 serious and thoughtful way. about $5. This jagged line shows what break, we ought to do something to put Mr. President, I yield the floor. has happened to wheat prices. Wheat in place a fair price plan for family Mr. MURKOWSKI addressed the prices are now $2.40 a bushel, and it farmers. We ought to have the good Chair. costs over $5 to produce it. sense to do that. There is nothing The PRESIDING OFFICER (Mr. This is the pattern going back to wrong with making a U-turn when you ENZI). The Chair recognizes the Sen- 1996. The last time we were at the cost discover where you are headed is the ator from Alaska. of production was back in 1996. Since wrong direction. The current farm bill (The remarks of Mr. MURKOWSKI, Mr. that time, wheat prices have plunged. is the wrong direction. It seemed right HAGEL, and Mr. GRAMS pertaining to Why? It is a complicated series of fac- at the time for a lot of folks who voted the introduction of S. 882 are located in tors, starting with the Asian financial for it. As I said, I didn’t. For those who today’s RECORD under ‘‘Statements on collapse that cost us some of our best voted for it when farm prices were bet- Introduced Bills and Joint Resolu- markets, followed by the financial col- ter, it seemed like it was the right tions.’’) lapse in Russia that did further damage thing to do. But it was the wrong thing Mr. CONRAD addressed the Chair. to our farmers because, of course, Rus- to do. The PRESIDING OFFICER. The Sen- sia was a big customer of ours. Yet now Now that farm prices have collapsed, ator from North Dakota. they cannot pay because they are out the question is, Do we have a safety f of hard currency. We have had that net left in this country for family double whammy. On top of that, we AGRICULTURE farmers to try to get them across those have had good production weather price valleys? The answer is no. But we Mr. CONRAD. Mr. President, I rise to around most of the world, so produc- can repair and provide a safety net for speak today about the continuing cri- tion has been up, yet because of the fi- family farmers if this Congress and sis in agriculture. Last night I was nancial problems in Asia and Russia, this country believes it is important to watching CNN. They had the first of a demand is down. That has led to a dra- have a broad-based network of family series of programs on the crisis in agri- matic price weakening. farm ownership across this country. I culture. They interviewed a cotton In the midst of that, we passed a new believe that very strongly, and I hope farmer from the Deep South who has a farm bill. The new farm bill, unfortu- my colleagues who support family 2,500-acre farm, which is not a small nately, doesn’t work well when prices farming will feel the same way. farm but certainly not one of the larg- collapse because there is no adjustment Now, Mr. President, last week, when est. He was telling the interviewer that for price collapses. Under the old farm I came to the floor of the Senate, I held he lost $500,000 last year. policy, when prices went down, support April 27, 1999 CONGRESSIONAL RECORD — SENATE S4217 went up. Under this new policy, sup- The time to act is now. I urge my increasing crop yields, and reducing port goes down year by year no matter colleagues to participate in that effort. the need for pesticides. I believe that what happens to prices. The combina- We passed it here the end of March, and these new farming methods offer tre- tion is leaving our farmers in the ditch, now here we are at the end of April. mendous potential for farmers and con- literally and figuratively. Our prices There is something dysfunctional when sumers from an agronomic, economic, are so bad, so ruinously low, that lit- we have disaster emergency legislation and environmental standpoint. As a re- erally tens of thousands of farm fami- before us and we passed it in this sult, our rural economies are strength- lies face foreclosure. Chamber a month ago and it still is not ened, and our agricultural products are This is not just true in our part of out there; it is still not implemented. becoming more competitive in the the country. The distinguished Chair is Mr. President, I ask our colleagues to global market. from a nearby State. They are experi- act on that disaster supplemental and I rise today to acknowledge and com- encing the effect of these very low to do it now. I thank the Chair. mend Dr. Robert Fraley and the Mon- prices, not only in terms of row crops, I yield the floor and suggest the ab- santo team of researchers for their ex- not only in terms of wheat, barley, and sence of a quorum. cellent work. They have played a crit- other commodities, but in terms of The PRESIDING OFFICER. The ical role in the pioneering of gene beef, in terms of hogs. We see hog clerk will call the roll. transfer technology and plant regen- prices as low as 8.5 cents a pound. It The assistant legislative clerk called eration which began more than 15 costs 40 cents a pound to produce a hog. the roll. years ago. As a result of their relent- If farmers only get 8.5 cents a pound Mr. ASHCROFT. I ask unanimous less pursuit of a vision, their develop- when they go to sell, they are in deep consent that the order for the quorum ment of agricultural biotechnology, as trouble. call be rescinded. a science and as an industry, will con- We are down to only 800 hog pro- The PRESIDING OFFICER. Without tinue to keep the United States at the ducers in my State. We anticipate los- objection, it so ordered. forefront of food production. ing as many as three-quarters of them f Dr. Fraley and the Monsanto team of this year; 600 of the 800 are going to go scientists are visionaries in their quest out of business. The story is not much NATIONAL MEDAL OF to improve the quality of life. Their different in terms of beef because we TECHNOLOGY AWARD perseverance, commitment, and dedica- see cattle prices at very, very low lev- Mr. ASHCROFT. Mr. President, it is tion to science is an inspiration for els. with great honor and privilege that I others to reach their ‘‘highest and The combination—whether it is in congratulate Dr. Robert T. Fraley, a best.’’ I wish them continued success as our part of the country, the northern member of the Monsanto team of sci- they guide us on a revolutionary path plains, or as I started these remarks entists, on receiving the National into the Twenty-First Century. talking about this cotton farmer in the Medal of Technology Award for devel- f Deep South losing $500,000 last year on oping biotechnology that will help only 2,500 acres—is a calamity. What is NATIONAL MEDAL OF meet the global agricultural challenges TECHNOLOGY AWARD especially ironic is it is in the midst of of the Twenty-First Century. a great economic boom across the Dr. Robert T. Fraley is the co-Presi- Mr. ASHCROFT. Mr. President, it is country. We have probably never had dent of the Agricultural Sector of Mon- with great honor and privilege that I congratulate Dr. Robert B. Horsch, a better economic times in the larger santo, and has worked extensively on member of the Monsanto team of sci- economy, yet when we look at agri- the integration of Monsanto’s chem- entists, on receiving the National culture, we see the worst of times. ical, biotech and seed businesses. He Medal of Technology Award for devel- It is really a result of a triple wham- earned his Doctorate in microbiology oping biotechnology that will help my: bad prices, bad policy, and bad and biochemistry in 1978, from the Uni- meet the global agricultural challenges weather. To top it all off, in addition to versity of Illinois. Among his accom- the bad prices, these are the lowest of the Twenty-First Century. plishments, Dr. Fraley was a member Dr. Robert Horsch is the co-President prices in 52 years; on top of that, the of the science team that developed the bad policy—trade policy and farm pol- of Monsanto’s Sustainable Develop- world’s first practical system to intro- icy—that has left farmers without ment Sector and general manager of duce foreign genes into crop plants. He much help in a time of this financial Monsanto’s Agracetus Campus. He continues to work on new improved collapse; on top of that, we have had earned his Doctorate in genetics in methods in agriculture through his bad weather. In my State, 5 years of 1979, from the University of California. contributions in the development of in- overly wet conditions have led to the Among his accomplishments, Dr. sect and herbicide resistant plants. biggest outbreak of a disease called Horsch was a member of the team that Agriculture is the foundation of scab that has also dramatically re- developed the world’s first practical many countries’ economies, and con- duced production. Talk about a bad set system to introduce improved genes sequently, the majority of the world’s of facts, that is it: bad prices, bad into crop plants. Thereafter, he ex- population makes its living in agri- weather, and bad policy. panded Monsanto’s gene transfer capa- We have a chance to do something on culture and food-based activities. bility to most important crops such as the policy front. It won’t solve the Transforming these agricultural econo- soybeans, corn, wheat, cotton, canola, problem, but it will help. It is urgently mies is important to achieving broad- tomatoes, and potatoes. needed. That is the disaster supple- based economic growth, not only in the Agriculture is the foundation of mental that is before the Senate. United States, but worldwide. In this many countries’ economies, and con- I ask my colleagues, can’t we move respect, investments in new agricul- sequently, the majority of the world’s on that disaster supplemental? Can’t tural technologies will increase farmer population makes its living in agri- we move on that legislation now? Can’t incomes, promote food security, ad- culture and food-based activities. we pass it? If we wait, it will be too vance other critical development ini- Transforming these agricultural econo- late. If we wait, it is simply going to be tiatives, and contribute to environ- mies is important to achieving broad- too late. Farmers need to be in the mental improvements. Agricultural based economic growth, not only in the field now. This is the end of April. biotechnology was first introduced to United States, but worldwide. In this Time waits for no man. Time does not farms in 1995, and today in the United respect, investments in new agricul- wait when you are planting a crop. States, there are over 53 million acres tural technologies will increase farmer I hope my colleagues will respond to of biotech crops. incomes, promote food security, ad- this plea that we pass the urgent sup- As global food demand continues to vance other critical development ini- plemental directly. I hope we do it this increase, there is an immediate need to tiatives, and contribute to environ- week and get that money out there develop new agriculture tools that are mental improvements. Agricultural where it can do some good and help productive and sustainable. With the biotechnology was first introduced to these farmers through what is the use of new agricultural biotech- farms in 1995, and today in the United worst crisis they have faced since the nologies, genetically enhanced seeds States, there are over 53 million acres 1930s. are already decreasing pest infestation, of biotech crops. S4218 CONGRESSIONAL RECORD — SENATE April 27, 1999 As global food demand continues to vance other critical development ini- sequently, the majority of the world’s increase, there is an immediate need to tiatives, and contribute to environ- population makes its living in agri- develop new agriculture tools that are mental improvements. Agricultural culture and food-based activities. productive and sustainable. With the biotechnology was first introduced to Transforming these agricultural econo- use of new agricultural biotech- farms in 1995, and today in the United mies is important to achieving broad- nologies, genetically enhanced seeds States, there are over 53 million acres based economic growth, not only in the are already decreasing pest infestation, of biotech crops. United States, but worldwide. In this increasing crop yields, and reducing As global food demand continues to respect, investments in new agricul- the need for pesticides. I believe that increase, there is an immediate need to tural technologies will increase farmer these new farming methods offer tre- develop new agriculture tools that are incomes, promote food security, ad- mendous potential for farmers and con- productive and sustainable. With the vance other critical development ini- sumers from an agronomic, economic, use of new agricultural biotech- tiatives, and contribute to environ- and environmental standpoint. As a re- nologies, genetically enhanced seeds mental improvements. Agricultural sult, our rural economies are strength- are already decreasing pest infestation, biotechnology was first introduced to ened, and our agricultural products are increasing crop yields, and reducing farms in 1995, and today in the United becoming more competitive in the the need for pesticides. I believe that States, there are over 53 million acres global market. these new farming methods offer tre- of biotech crops. I rise today to acknowledge and com- mendous potential for farmers and con- As global food demand continues to mend Dr. Robert Horsch and the Mon- sumers from an agronomic, economic, increase, there is an immediate need to santo team of researchers for their ex- and environmental standpoint. As a re- develop new agriculture tools that are cellent work. They have played a crit- sult, our rural economies are strength- productive and sustainable. With the ical role in the pioneering of gene ened, and our agricultural products are use of new agricultural biotech- transfer technology and plant regen- becoming more competitive in the nologies, genetically enhanced seeds eration which began more than 15 global market. are already decreasing pest infestation, years ago. As a result of their relent- I rise today to acknowledge and com- increasing crop yields, and reducing less pursuit of a vision, their develop- mend Dr. Ernest Jaworski and the the need for pesticides. I believe that ment of agricultural biotechnology, as Monsanto team of researchers for their these new farming methods offer tre- a science and as an industry, will con- excellent work. They have played a mendous potential for farmers and con- tinue to keep the United States at the critical role in the pioneering of gene sumers from an agronomic, economic, forefront of food production. transfer technology and plant regen- and environmental standpoint. As a re- Dr. Horsch and the Monsanto team of eration which began more than 15 sult, our rural economies are strength- scientists are visionaries in their quest years ago. As a result of their relent- ened, and our agricultural products are to improve the quality of life. Their less pursuit of a vision, their develop- becoming more competitive in the perseverance, commitment, and dedica- ment of agricultural biotechnology, as global market. tion to science is an inspiration for a science and as an industry, will con- I rise today to acknowledge and com- others to reach their ‘‘highest and tinue to keep the United States at the mend Dr. Stephen Rogers and the Mon- best.’’ I wish them continued success as forefront of food production. santo team of researchers for their ex- they guide us on a revolutionary path Dr. Jaworski and the Monsanto team cellent work. They have played a crit- into the Twenty-First Century. of scientists are visionaries in their ical role in the pioneering of gene f quest to improve the quality of life. transfer technology and plant regen- Their perseverance, commitment, and eration which began more than 15 NATIONAL MEDAL OF dedication to science is an inspiration years ago. As a result of their relent- TECHNOLOGY AWARD for others to reach their ‘‘highest and less pursuit of a vision, their develop- Mr. ASHCROFT. Mr. President, it is best.’’ I wish them continued success as ment of agricultural biotechnology, as with great honor and privilege that I they guide us on a revolutionary path a science and as an industry, will con- congratulate Dr. Ernest G. Jaworski, a into the Twenty-First Century. tinue to keep the United States at the member of the Monsanto team of sci- f forefront of food production. entists, on receiving the National Dr. Rogers and the Monsanto team of Medal of Technology Award for devel- NATIONAL MEDAL OF scientists are visionaries in their quest oping biotechnology that will help TECHNOLOGY AWARD to improve the quality of life. Their meet the global agricultural challenges Mr. ASHCROFT. Mr. President, it is perseverance, commitment, and dedica- of the Twenty-First Century. a great honor and privilege to con- tion to science is an inspiration for Dr. Ernest G. Jaworski was the Di- gratulate Dr. Stephen G. Rogers, a others to reach their ‘‘highest and rector of Biological Sciences before re- member of the Monsanto team of sci- best.’’ I wish them continued success as tiring from Monsanto in 1993. Since entists, on receiving the National they guide us on a revolutionary path then, he has served as Scientist In Res- Medal of Technology Award for devel- into the Twenty-First Century. idence at the St. Louis Science Center oping biotechnology that will help f and Interim Director of the Donald meet the global agricultural challenges CONCLUSION OF MORNING Danforth Plant Science Center. He of the Twenty-First Century. BUSINESS earned his Doctorate in biochemistry Dr. Stephen G. Rogers is the director in 1952, from Oregon State University. of biotechnology projects for Europe The PRESIDING OFFICER. Morning Among his accomplishments, Dr. Ja- located at Monsanto’s Cereals Tech- business is closed. worski assembled and led the team nology Center in Cambridge, England, f that developed the world’s first prac- where he is presently working on the Y2K ACT tical system to introduce foreign genes integration of modern crop breeding The PRESIDING OFFICER. Under into plants. with improved crop methods. He earned the previous order, the Senate will now Agriculture is the foundation of his Doctorate in biology in 1976, from proceed to the consideration of S. 96. many countries’ economies, and con- the Johns Hopkins University. Among The clerk will report. sequently, the majority of the world’s his accomplishments, Dr. Rogers is a The assistant legislative clerk read population makes its living in agri- member of the team that developed the as follows: culture and food-based activities. first method for producing new pro- A bill (S. 96) to regulate commerce be- Transforming these agricultural econo- teins in plants, leading to the dis- tween and among the several States by pro- mies is important to achieving broad- covery of virus resistance and insect viding for the orderly resolution of disputes based economic growth, not only in the protection traits for crops—a develop- arising out of computer-based problems re- United States, but worldwide. In this ment that is revolutionizing modern lating to processing data that includes a 2- respect, investments in new agricul- farming. digit expression of that year’s date. tural technologies will increase farmer Agriculture is the foundation of The Senate proceeded to consider the incomes, promote food security, ad- many countries’ economies, and con- bill, which had been reported from the April 27, 1999 CONGRESSIONAL RECORD — SENATE S4219 Committee on Commerce, Science, and to courts by straining the resources of the legal not constitute physical harm to a natural per- Transportation, with an amendment to system and depriving deserving parties of their son. strike all after the enacting clause and legitimate rights to relief. (7) STATE.—The term ‘‘State’’ means any State (9) Congress encourages businesses to ap- inserting in lieu thereof the following: of the United States, the District of Columbia, proach their Y2K disputes responsibly, and to Commonwealth of Puerto Rico, the Northern SECTION 1. SHORT TITLE; TABLE OF SECTIONS. avoid unnecessary, time-consuming and costly Mariana Islands, the United States Virgin Is- (a) SHORT TITLE.—This Act may be cited as litigation about Y2K failures, particularly those lands, Guam, American Samoa, and any other the ‘‘Y2K Act’’. that are not material. Congress supports good territory or possession of the United States, and (b) TABLE OF SECTIONS.—The table of sections faith negotiations between parties when there is any political subdivision thereof. for this Act is as follows: a dispute over a Y2K problem, and, if necessary, (8) CONTRACT.—The term ‘‘contract’’ means a Sec. 1. Short title; table of sections. urges the parties to enter into voluntary, non- contract, tariff, license, or warranty. Sec. 2. Findings and purposes. binding mediation rather than litigation. (9) PERSON.— Sec. 3. Definitions. SEC. 3. DEFINITIONS. (A) IN GENERAL.—The term ‘‘person’’ has the Sec. 4. Application of Act. In this Act: meaning given to that term by section 1 of title Sec. 5. Punitive damages limitations. (1) Y2K ACTION.—The term ‘‘Y2K action’’ 1, United States Code. TITLE I—OPPORTUNITY TO RESOLVE Y2K means a civil action commenced in any Federal (B) GOVERNMENT ENTITIES.—The term ‘‘per- PROBLEMS. or State court in which the plaintiff’s alleged son’’ includes an agency, instrumentality, or other entity of Federal, State, or local govern- Sec. 101. Pre-filing notice. harm or injury resulted directly or indirectly ment (including multijurisdictional agencies, in- Sec. 102. Pleading requirements. from an actual or potential Y2K failure, or a strumentalities, and entities) when that agency, Sec. 103. Duty to mitigate. claim or defense of a defendant is related di- instrumentality, or other entity is a plaintiff or Sec. 104. Proportionate liability. rectly or indirectly to an actual or potential Y2K failure. a defendant in a Y2K action. TITLE II—Y2K ACTIONS INVOLVING (2) Y2K FAILURE.—The term ‘‘Y2K failure’’ (10) ALTERNATIVE DISPUTE RESOLUTION.—The CONTRACT-RELATED CLAIMS. means failure by any device or system (includ- term ‘‘alternative dispute resolution’’ means any Sec. 201. Contracts enforced. ing any computer system and any microchip or process or proceeding, other than adjudication Sec. 202. Defenses. integrated circuit embedded in another device or by a court or in an administrative proceeding, Sec. 203. Damages limitation . product), or any software, firmware, or other set in which a neutral third party participates to Sec. 204. Mixed actions. or collection of processing instructions to proc- assist in the resolution of issues in controversy, TITLE III—Y2K ACTIONS INVOLVING TORT ess, to calculate, to compare, to sequence, to dis- through processes such as early neutral evalua- CLAIMS. play, to store, to transmit, or to receive date-re- tion, mediation, minitrial, and arbitration. lated data, including failures— Sec. 301. Damages in tort claims. SEC. 4. APPLICATION OF ACT. (A) to deal with or account for transitions or Sec. 302. Certain defenses. (a) GENERAL RULE.—This Act applies to any comparisons from, into, and between the years Sec. 303. Liability of officers and directors. Y2K action brought in a State or Federal court 1999 and 2000 accurately; after February 22, 1999. TITLE IV—Y2K CLASS ACTIONS. (B) to recognize or accurately process any spe- (b) NO NEW CAUSE OF ACTION CREATED.— Sec. 401. Minimum injury requirement. cific date in 1999, 2000, or 2001; or Nothing in this Act creates a new cause of ac- Sec. 402. Notification. (C) accurately to account for the year 2000’s tion under Federal or State law. Sec. 403. Forum for Y2K class actions. status as a leap year, including recognition and (c) ACTIONS FOR PERSONAL INJURY OR WRONG- SEC. 2. FINDINGS AND PURPOSES. processing of the correct date on February 29, FUL DEATH EXCLUDED.—This Act does not apply The Congress finds that: 2000. to a claim for personal injury or for wrongful (1) The majority of responsible business enter- (3) ACTUAL DAMAGES.—The term ‘‘actual dam- death. prises in the United States are committed to ages’’ means direct damages for injury to tan- (d) WRITTEN CONTRACT CONTROLS.—The pro- working in cooperation with their contracting gible property, and the cost of repairing or re- visions of this Act do not supersede a valid, en- partners towards the timely and cost-effective placing products that have a material defect. forceable written contract between a plaintiff resolution of the many technological, business, (4) ECONOMIC LOSS.—Except as otherwise spe- and a defendant in a Y2K action. and legal issues associated with the Y2K date cifically provided in a written contract between (e) PREEMPTION OF STATE LAW.—This Act su- change. the plaintiff and the defendant in a Y2K action persedes State law to the extent that it estab- (2) Congress seeks to encourage businesses to (and subject to applicable State law), the term lishes a rule of law applicable to a Y2K action concentrate their attention and resources in ‘‘economic loss’’— that is inconsistent with State law. (A) means amounts awarded to compensate an short time remaining before January 1, 2000, on SEC. 5. PUNITIVE DAMAGES LIMITATIONS. injured party for any loss other than for per- addressing, assessing, remediating, and testing (a) IN GENERAL.—In any Y2K action in which sonal injury or damage to tangible property their Y2K problems, and to minimize any pos- punitive damages may be awarded under appli- (other than property that is the subject of the sible business disruptions associated with the cable State law, the defendant shall not be lia- contract); and Y2K issues. (B) includes amounts awarded for— ble for punitive damages unless the plaintiff (3) It is appropriate for the Congress to enact (i) lost profits or sales; proves by clear and convincing evidence that legislation to assure that Y2K problems do not (ii) business interruption; the defendant acted with conscious and flagrant unnecessarily disrupt interstate commerce or (iii) losses indirectly suffered as a result of the disregard for the rights and property of others. create unnecessary caseloads in Federal courts defendant’s wrongful act or omission; (b) CAPS ON PUNITIVE DAMAGES.— and to provide initiatives to help businesses pre- (iv) losses that arise because of the claims of (1) IN GENERAL.—Punitive damages against a pare and be in a position to withstand the po- third parties; defendant in such a Y2K action may not exceed tentially devastating economic impact of Y2K. (v) losses that must be pleaded as special dam- the larger of— (4) Y2K issues will potentially affect prac- ages; and (A) 3 times the amount awarded for actual tically all business enterprises to at least some (vi) consequential damages (as defined in the damages; or degree, giving rise possibly to a large number of Uniform Commercial Code or analogous State (B) $250,000. disputes. commercial law); but (2) SPECIAL RULE.—In the case of a (5) Resorting to the legal system for resolution (C) does not include actual damages. defendant— of Y2K problems is not feasible for many busi- (5) MATERIAL DEFECT.—The term ‘‘material (A) who— nesses, particularly small businesses, because of defect’’ means a defect in any item, whether (i) is sued in his or her capacity as a indi- its complexity and expense. tangible or intangible, or in the provision of a vidual; and (6) The delays, expense, uncertainties, loss of service, that substantially prevents the item or (ii) whose net worth does not exceed $500,000; control, adverse publicity and animosities that service from operating or functioning as de- or frequently accompany litigation of business dis- signed or intended. The term ‘‘material defect’’ (B) that is an unincorporated business, a putes can only exacerbate the difficulties associ- does not include a defect that— partnership, corporation, association, unit of ated with the Y2K date change, and work (A) has an insignificant or de minimis effect local government, or organization with fewer against the successful resolution of those dif- on the operation or functioning of an item or than 25 full-time employees, ficulties. computer program; paragraph (1) shall be applied by substituting (7) Congress recognizes that every business in (B) affects only on a component of an item or ‘‘smaller’’ for ‘‘larger’’. the United States should be concerned that program that, as a whole, substantially operates (c) GOVERNMENT ENTITIES.—Punitive damages widespread and protracted Y2K litigation may or functions as designed; or in such a Y2K action may not be awarded threaten the network of valued and trusted (C) has an insignificant or de minimis effect against a person described in section 3(8)(B). business relationships that are so important to on the efficacy of the service provided. TITLE I—OPPORTUNITY TO RESOLVE Y2K the effective functioning of the world economy, (6) PERSONAL INJURY.—The term ‘‘personal and which may put unbearable strains on an injury’’— PROBLEMS overburdened and sometime ineffective judicial (A) means any physical injury to a natural SEC. 101. PRE-FILING NOTICE. system. person, including death of the person; but (a) IN GENERAL.—Before commencing a Y2K (8) A proliferation of frivolous Y2K lawsuits (B) does not include mental suffering, emo- action, except an action that seeks only injunc- by opportunistic parties may further limit access tional distress, or like elements of injury that do tive relief, a prospective plaintiff with a Y2K S4220 CONGRESSIONAL RECORD — SENATE April 27, 1999 claim shall serve on each prospective defendant plaintiff may prevail only on proof that the de- (1) the recovery of such losses is provided for in that action a written notice that identifies fendant acted with a particular state of mind, in a contract to which the party seeking to re- with particularity— the complaint shall, with respect to each ele- cover such losses is a party; (1) the manifestations of any material defect ment of that claim, state with particularity the (2) such losses result directly from a personal alleged to have caused harm or loss; facts giving rise to a strong inference that the injury claim resulting from the Y2K failure; or (2) the harm or loss allegedly suffered by the defendant acted with the required state of mind. (3) such losses result directly from damage to prospective plaintiff; SEC. 103. DUTY TO MITIGATE. tangible property caused by the Y2K failure (3) the remedy sought by the prospective Damages awarded in any Y2K action shall ex- (other than damage to property that is the sub- plaintiff; clude compensation for damages the plaintiff ject of the contract), (4) the basis upon which the prospective could reasonably have avoided in light of any and such damages are permitted under applica- plaintiff seeks that remedy; and disclosure or other information of which the ble Federal or State law. (5) the name, title, address, and telephone plaintiff was, or reasonably could have been, SEC. 302. CERTAIN DEFENSES. number of any individual who has authority to aware, including reasonable efforts made by a (a) GOOD FAITH; REASONABLE EFFORTS.—In negotiate a resolution of the dispute on behalf defendant to make information available to pur- any Y2K action except an action for breach or of the prospective plaintiff. chasers or users of the defendant’s product or repudiation of contract, the party against whom ELAY OF ACTION.—Except as provided in (b) D services concerning means of remedying or the claim is asserted shall be entitled to estab- subsection (d), a prospective plaintiff may not avoiding Y2K failure. lish, as a complete defense to any claim for dam- commence a Y2K action in Federal or State SEC. 104. PROPORTIONATE LIABILITY. ages, that it acted in good faith and took meas- court until the expiration of 90 days from the (a) IN GENERAL.—A person against whom a ures that were reasonable under the cir- date of service of the notice required by sub- final judgment is entered in a Y2K action shall cumstances to prevent the Y2K failure from oc- section (a). be liable solely for the portion of the judgment curring or from causing the damages upon (c) RESPONSE TO NOTICE.—Within 30 days that corresponds to the relative and propor- which the claim is based. after receipt of the notice specified in subsection tional responsibility of that person. In deter- (b) DEFENDANT’S STATE OF MIND.—In a Y2K (a), each prospective defendant shall serve on mining the percentage of responsibility of any action making a claim for money damages in each prospective plaintiff a written statement defendant, the trier of fact shall determine that which the defendant’s actual or constructive acknowledging receipt of the notice, and pro- percentage as a percentage of the total fault of awareness of an actual or potential Y2K failure posing the actions it has taken or will take to all persons, including the plaintiff, who caused is an element of the claim, the defendant is not address the problem identified by the prospective or contributed to the total loss incurred by the liable unless the plaintiff, in addition to estab- plaintiff. The written statement shall state plaintiff. lishing all other requisite elements of the claim, whether the prospective defendant is willing to (b) SEVERAL LIABILITY.—Liability in a Y2K proves by clear and convincing evidence that engage in alternative dispute resolution. action shall be several but not joint. the defendant knew, or recklessly disregarded a (d) FAILURE TO RESPOND.—If a prospective TITLE II—Y2K ACTIONS INVOLVING known and substantial risk, that the failure defendant— CONTRACT-RELATED CLAIMS would occur in the specific facts and cir- (1) fails to respond to a notice provided pursu- cumstances of the claim. ant to subsection (a) within the 30 days speci- SEC. 201. CONTRACTS ENFORCED. (c) FORESEEABILITY.—In a Y2K action making fied in subsection (c); or In any Y2K action, any written term or condi- a claim for money damages, the defendant is not (2) does not describe the action, if any, the tion of a valid and enforceable contract between liable unless the plaintiff proves by clear and prospective defendant will take to address the the plaintiff and the defendant, including limi- convincing evidence, in addition to all other problem identified by the prospective plaintiff, tations or exclusions of liability and disclaimers of warranty, is fully enforceable, unless the requisite elements of the claim, that the defend- then the 90-day period specified in subsection court determines that the contract as a whole is ant knew, or should have known, that the de- (a) will terminate at the end of the 30-day pe- unenforceable. If the contract is silent with re- fendant’s action or failure to act would cause riod as to that prospective defendant and the spect to any matter, the interpretation of the harm to the plaintiff in the specific facts and prospective plaintiff may commence its action contract with respect to that matter shall be de- circumstances of the claim. against that prospective defendant. termined by applicable law in force at the time (d) CONTROL NOT DETERMINATIVE OF LIABIL- (e) FAILURE TO PROVIDE NOTICE.—If a de- the contract was executed. ITY.—The fact that a Y2K failure occurred in an fendant determines that a plaintiff has filed a entity, facility, system, product, or component Y2K action without providing the notice speci- SEC. 202. DEFENSES. (a) REASONABLE EFFORTS.—In any Y2K ac- that was within the control of the party against fied in subsection (a) and without awaiting the whom a claim for money damages is asserted in expiration of the 90-day period specified in sub- tion in which breach of contract is alleged, in addition to any other rights provided by appli- a Y2K action shall not constitute the sole basis section (b), the defendant may treat the plain- for recovery of damages in that action. tiff’s complaint as such a notice by so informing cable law, the party against whom the claim of breach is asserted shall be allowed to offer evi- (e) PRESERVATION OF EXISTING LAW.—The the court and the plaintiff. If any defendant provisions of this section are in addition to, and elects to treat the complaint as such a notice— dence that its implementation of the contract, or its efforts to implement the contract, were rea- not in lieu of, any requirement under applicable (1) the court shall stay all discovery and all law as to burdens of proof and elements nec- other proceedings in the action for 90 days after sonable in light of the circumstances for the purpose of limiting or eliminating the defend- essary for prevailing in a claim for money dam- filing of the complaint; and ages. (2) the time for filing answers and all other ant’s liability. (b) IMPOSSIBILITY OR COMMERCIAL IMPRAC- SEC. 303. LIABILITY OF OFFICERS AND DIREC- pleadings shall be tolled during this 90-day pe- TORS. riod. TICABILITY.—In any Y2K action in which breach of contract is alleged, the applicability of (a) IN GENERAL.—A director, officer, trustee, (f) EFFECT OF CONTRACTUAL WAITING PERI- or employee of a business or other organization ODS.—In cases in which a contract requires no- the doctrines of impossibility and commercial impracticability shall be determined by applica- (including a corporation, unincorporated asso- tice of nonperformance and provides for a pe- ciation, partnership, or non-profit organization) riod of delay prior to the initiation of suit for ble law in existence on January 1, 1999, and nothing in this Act shall be construed as lim- shall not be personally liable in any Y2K action breach or repudiation of contract, the period of making a tort or other noncontract claim in that delay provided in the contract is controlling iting or impairing a party’s right to assert de- fenses based upon such doctrines. person’s capacity as a director, officer, trustee, over the waiting period specified in subsections or employee of the business or organization for (a) and (e). SEC. 203. DAMAGES LIMITATION. In any Y2K action for breach or repudiation more than the greater of— (g) STATE LAW CONTROLS ALTERNATIVE METH- (1) $100,000; or of contract, no party may claim, nor be award- ODS.—Nothing in this section supersedes or oth- (2) the amount of pre-tax compensation re- ed, consequential or punitive damages unless erwise preempts any State law or rule of civil ceived by the director, officer, trustee, or em- such damages are allowed— procedure with respect to the use of alternative ployee from the business or organization during dispute resolution for Y2K actions. (1) by the express terms of the contract; or (2) if the contract is silent on such damages, the 12 months immediately preceding the act or SEC. 102. PLEADING REQUIREMENTS. by operation of State law at the time the con- omission for which liability was imposed. (a) NATURE AND AMOUNT OF DAMAGES.—In all tract was executed or by operation of Federal (b) EXCEPTION.—Subsection (a) does not apply Y2K actions in which damages are requested, law. in any Y2K action in which it is found by clear the complaint shall provide specific information and convincing evidence that the director, offi- SEC. 204. MIXED ACTIONS. as to the nature and amount of each element of cer, trustee, or employee— If a Y2K action includes claims based on damages and the factual basis for the damages (1) intentionally made misleading statements breach of contract and tort or other noncontract calculation. regarding any actual or potential year 2000 claims, then this title shall apply to the con- (b) MATERIAL DEFECTS.—In any Y2K action problem; or in which the plaintiff alleges that a product or tract-related claims and title III shall apply to (2) intentionally withheld from the public sig- service is defective, the complaint shall contain the tort or other noncontract claims. nificant information there was a legal duty to specific information regarding the manifesta- TITLE III—Y2K ACTIONS INVOLVING TORT disclose to the public regarding any actual or tions of the material defects and the facts sup- CLAIMS potential year 2000 problem of that business or porting a conclusion that the defects are mate- SEC. 301. DAMAGES IN TORT CLAIMS. organization which would likely result in ac- rial. A party to a Y2K action making a tort claim tionable Y2K failure. (c) REQUIRED STATE OF MIND.—In any Y2K may not recover damages for economic loss (c) STATE LAW, CHARTER, OR BYLAWS.—Noth- action in which a claim is asserted on which the unless— ing in this section supersedes any provision of April 27, 1999 CONGRESSIONAL RECORD — SENATE S4221

State law, charter, or a bylaw authorized by is deemed to be a citizen of a State different AMENDMENT NO. 267 State law, in existence on January 1, 1999, that from a corporation that is a defendant if that (Purpose: To regulate interstate commerce establishes lower limits on the liability of a di- member is a citizen of a State different from by making provision for dealing with rector, officer, trustee, or employee of such a each State of which that corporation is deemed losses arising from Year 2000 problem-re- business or organization. a citizen. lated failures that may disrupt commu- TITLE IV—Y2K CLASS ACTIONS (e) REMOVAL.— nications, intermodal transportation, and (1) IN GENERAL.—A class action described in SEC. 401. MINIMUM INJURY REQUIREMENT. other matters affecting interstate com- subsection (a) may be removed to a district court In any Y2K action involving a claim that a merce) of the United States in accordance with chapter product or service is defective, the action may be Mr. MCCAIN. I send a substitute 89 of title 28, United States Code, except that the maintained as a class action in Federal or State amendment to the desk. action may be removed— court as to that claim only if— The PRESIDING OFFICER. The (1) it satisfies all other prerequisites estab- (A) by any defendant without the consent of all defendants; or clerk will report the substitute amend- lished by applicable Federal or State law or ap- ment. plicable rules of civil procedure; and (B) any plaintiff class member who is not a named or representative class member of the ac- The assistant legislative clerk read (2) the court finds that the alleged defect in a as follows: product or service is material as to the majority tion for which removal is sought, without the of the members of the class. consent of all members of the class. The Senator from Arizona [Mr. MCCAIN], (2) TIMING.—This subsection applies to any for himself, Mr. WYDEN, Mr. GORTON, Mr. SEC. 402. NOTIFICATION. class before or after the entry of any order certi- ABRAHAM, Mr. LOTT, Mr. FRIST, Mr. BURNS, (a) NOTICE BY MAIL.—In any Y2K action that fying a class. Mr. SMITH of Oregon, and Mr. SANTORUM pro- is maintained as a class action, the court, in ad- (3) PROCEDURE.— poses an amendment numbered 267. dition to any other notice required by applicable (A) IN GENERAL.—Section 1446(a) of title 28, Federal or State law, shall direct notice of the Mr. MCCAIN. Mr. President, I ask United States Code, shall be applied to a plain- action to each member of the class by United unanimous consent that reading of the tiff removing a case under this section by treat- States mail, return receipt requested. Persons ing the 30-day filing period as met if a plaintiff amendment be dispensed with. whose receipt of the notice is not verified by the class member who is not a named or representa- The PRESIDING OFFICER. Without court or by counsel for one of the parties shall tive class member of the action for which re- objection, it is so ordered. be excluded from the class unless those persons moval is sought files notice of removal within 30 (The text of the amendment is print- inform the court in writing, on a date no later days after receipt by such class member of the ed in today’s RECORD under ‘‘Amend- than the commencement of trial or entry of initial written notice of the class action pro- judgment, that they wish to join the class. ments Submitted.’’) vided at the trial court’s direction. (b) CONTENTS OF NOTICE.—In addition to any Mr. MCCAIN. Mr. President, I am (B) APPLICATION OF SECTION 1446.—Section information required by applicable Federal or pleased to offer, with my friend and 1446 of title 28, United States Code, shall be State law, the notice described in this subsection colleague from Oregon, Senator applied— shall— WYDEN, a substitute amendment to S. (i) to the removal of a case by a plaintiff (1) concisely and clearly describe the nature 96, the Y2K Act. The substitute amend- of the action; under this section by substituting the term ‘‘plaintiff’’ for the term ‘‘defendant’’ each place ment we offer is truly a bipartisan ef- (2) identify the jurisdiction where the case is fort. We have worked diligently with pending; and it appears; and (3) describe the fee arrangement of class coun- (ii) to the removal of a case by a plaintiff or our colleagues on both sides of the sel. a defendant under this section— aisle and will continue to do so to ad- (I) by inserting the phrase ‘‘by exercising due SEC. 403. FORUM FOR Y2K CLASS ACTIONS. dress concerns, narrow some provi- diligence’’ after ‘‘ascertained’’ in the second (a) JURISDICTION.—The District Courts of the sions, and assure that this bill will sun- paragraph of subsection (b); and United States have original jurisdiction of any set when it is no longer pertinent and (II) by treating the reference to ‘‘jurisdiction Y2K action, without regard to the sum or value conferred by section 1332 of this title’’ as a ref- necessary. of the matter in controversy involved, that is erence to subsection (a) of this section. Senator WYDEN, who said at our com- brought as a class action if— PPLICATION OF SUBSTANTIVE STATE mittee markup that he wants to get to (1) any member of the proposed plaintiff class (f) A LAW.—Nothing in this section alters the sub- ‘‘yes,’’ has worked tirelessly with me is a citizen of a State different from the State of stantive law applicable to an action described in which any defendant is a citizen; to get there. He has offered excellent (2) any member of the proposed plaintiff class subsection (a). suggestions and comments, and I think is a foreign Nation or a citizen of a foreign Na- (g) PROCEDURE AFTER REMOVAL.—If, after re- the substitute we bring today is a bet- tion and any defendant is a citizen or lawful moval, the court determines that no aspect of an ter piece of legislation for his efforts. permanent resident of the United States; or action that is subject to its jurisdiction solely Specifically, this substitute would under the provisions of section 1332(b) of title (3) any member of the proposed plaintiff class provide time for plaintiffs and defend- is a citizen or lawful permanent resident of the 28, United States Code, may be maintained as a class action under Rule 23 of the Federal Rules ants to resolve Y2K problems without United States and any defendant is a citizen or litigation. It reiterates the plaintiff’s lawful permanent resident of a foreign Nation. of Civil Procedure, the court shall strike the (b) PREDOMINANT STATE INTEREST.—A United class allegations from the action and remand duty to mitigate damages and high- States District Court in an action described in the action to the State court. Upon remand of lights the defendant’s opportunity to subsection (a) may abstain from hearing the ac- the action, the period of limitations for any assist plaintiffs in doing that by pro- tion if— claim that was asserted in the action on behalf viding information and resources. It (1) a substantial majority of the members of of any named or unnamed member of any pro- provides for proportional liability in all proposed plaintiff classes are citizens of a posed class shall be deemed tolled to the full ex- tent provided under Federal law. most cases with exceptions for fraudu- single State; lent or intentional conduct or where (2) the primary defendants are citizens of that The PRESIDING OFFICER. The State; and the plaintiff has limited assets. Chair recognizes the Senator from Ari- It protects governmental entities, in- (3) the claims asserted will be governed pri- zona. marily by the laws of that State. cluding municipalities, school, fire, Mr. MCCAIN. Mr. President, I am (c) LIMITED CONTROVERSIES.—A United States water and sanitation districts from pu- District Court in an action described in sub- going to offer a compromise amend- nitive damages, and it eliminates puni- section (a) may abstain from hearing the action ment that is at the desk, and I further tive damage limits for egregious con- if— ask unanimous consent that debate duct while providing some protection (1) the value of all matters in controversy as- only be in order following the offering against runaway punitive damage serted by the individual members of all proposed of that amendment until 2:15 today. plaintiff classes in the aggregate does not exceed awards. It provides protection for those The PRESIDING OFFICER. Without not directly involved in a Y2K failure. $1,000,000, exclusive of interest and costs; objection, it is so ordered. (2) the number of members of all proposed The bill as amended does not cover plaintiff classes in the aggregate in less than COMMITTEE AMENDMENT WITHDRAWN personal injury and wrongful death 100; or Mr. MCCAIN. Mr. President, as chair- cases. It is important to keep in mind (3) the primary defendants are States, State man of the Commerce Committee and the broad support this bill has from officials, or other governmental entities against with the authority of the committee, I virtually every segment of our econ- whom the district court may be foreclosed from withdraw the committee amendment. omy. This bill is important not only to ordering relief. (d) DIVERSITY DETERMINATION.—For purposes The PRESIDING OFFICER. The com- the high-tech industry or to big busi- of applying section 1322(b) of title 28, United mittee amendment is withdrawn. ness but carries the strong support of States Code, to actions described in subsection The committee amendment was with- small business, retailers and whole- (a) of this section, a member of a proposed class drawn. salers. Many of those supporting the S4222 CONGRESSIONAL RECORD — SENATE April 27, 1999 bill will find themselves as both plain- to the future of our Nation’s economy, at all without these industry stand- tiffs and defendants. They have but the medium-size businesses, the ards. The standards are the means by weighed the benefits and drawbacks of small businesses, the retailers and oth- which programs and systems exchange the provisions of this bill and have ers are all in support of this legisla- information, and it was recently noted: overwhelmingly concluded that their tion. ‘‘The near immortality of computer chief priority is to prevent and fix Y2K I am aware of the power of the Amer- software came as a shock to program- problems and make our technology ican Trial Lawyers Association. I have mers. Ask anybody who was there. We work and not divert the resources into been beaten by them on several occa- never expected this stuff to still be time-consuming and costly litigation. sions. They have a string of victories around.’’ Mr. President, I would like to inter- to their credit. They are also, among One way to solve the problem might rupt my prepared statement at this others, another argument for campaign be to dump all the old layers of com- time to mention that when we passed finance reform, which is a diatribe I puter code, but that is not realistic. So this legislation through the Commerce will not enter in today. The fact is this our goal ought to be to try to bring Committee, unfortunately, on one of issue needs to be resolved. I would be these systems into compliance as soon the rare occasions in the more than 2 very disappointed if over a couple of as possible and, at the same time—and years that I have been chairman of the points we cannot agree and this legisla- this is what the McCain-Wyden sub- committee, it was passed on a party tion fails to proceed. stitute does—have a safety net in line vote, on a vote of 11 to 9. Did my friend from Oregon have a place. At that time Senator WYDEN, Sen- question or a comment? This is a bipartisan effort. I would ator KERRY, Senator DORGAN and oth- Mr. WYDEN. Yes. like to briefly wrap up by outlining ers expressed a strong desire to work in Mr. MCCAIN. Mr. President, I ask several of the major changes. The first a bipartisan fashion so that we could unanimous consent to yield to the Sen- is that there is a 3-year sunset provi- pass this legislation. Most of us are ator from Oregon, without losing my sion. There are a number of individuals aware that when legislation goes to the claim to the floor. and groups who said, ‘‘Well, this is just floor along party lines and is divided The PRESIDING OFFICER. Without an effort to rewrite the tort law and on party lines, the chances of passage objection, it is so ordered. make changes that are going to stand are minimal, to say the least. The Senator from Oregon is recog- for all time.’’ This provision says that We worked with Senator WYDEN and nized. any Y2K failure must occur before Jan- others, and we made eight major com- Mr. WYDEN. Thank you, Mr. Presi- uary 1, 2003, in order to be eligible to be promises in the original legislation, dent. I thank the chairman of the Com- covered by the legislation. sufficient in the view of many to en- merce Committee for his comments. I Second, there were various concerns hance the ability of this legislation to will just advise my colleagues where I that there were vague defenses in the be passed and, very frankly, satisfy at think we are. legislation, particularly terms that in- least some of the concerns of the trial First, I think it is important to note volve a reasonable effort. We said that lawyers and others that had been that the chairman of the Commerce that ought to be changed, we ought to voiced about the legislation. Committee has made nine major make sure there aren’t any new and ill- Last night, Senator WYDEN and the changes in the legislation—all of them defined Federal defenses. That has been Senator from Connecticut, Senator proconsumer, proplaintiff—since the changed. DODD, and I met, and we discussed time this legislation left the Commerce Finally, and especially important, for three major concerns that Senator Committee. I and other Democrats felt truly egregious kinds of conduct and DODD had, which two we could agree to, it was important. I want the RECORD to fraudulent activity, where people sim- and on the third there was some discus- show that those are major, substantive ply misrepresent the facts in the mar- sion about language. It was my distinct changes, and as the chairman indi- ketplace, we ensure that punitive dam- impression at that time that we had cated, we had some discussions with ages and the opportunity to send a de- come to an agreement on these three Senator DODD last night and I am hope- terrent to egregious and fraudulent ac- particular additional items. ful they are going to bear fruit as well, tivity are still in place. Apparently this morning that is not because Senator DODD has tackled this So I think these are just some of the the case. On the third item there is in a very thoughtful way as well. major changes we are going to outline still not agreement between ourselves I also think it is important that our in the course of the debate. I also say and Senator DODD and his staff. I hope leadership, Senator LOTT and Senator that the latest draft also restores li- we can continue to work on that lan- DASCHLE, continue, as they have tried ability for directors and officers, which guage. to do, to help us work through some of was again an effort to try to be respon- Mr. President, I have been around the procedural issues which are not di- sive to those who felt that the legisla- here now for 13 years. I have seen legis- rectly relevant to this legislation, so tion was not sufficiently proconsumer. lation compromise after compromise that it is possible to vote on the I only say—and I appreciate that the made to the point where the legislation McCain-Wyden substitute expedi- chairman of the committee yielded me itself becomes meaningless. We are ap- tiously. this time—that I think after all of proaching that point now. I want to tell the Senate that now is these major changes, which have taken I will be glad to negotiate with any- the time when this can be done in a many hours and, in fact, weeks since one. My friend from Massachusetts, thoughtful and deliberative way. I the time this legislation came before Senator KERRY, and I have been in dis- don’t think the Senate wants to come the Committee on Commerce, we have cussions as well. But we cannot violate back next January, when there is a now produced legislation that particu- some of the fundamental principles state of panic, as I believe there well larly Democratic Members of the Sen- that I just articulated as the reason for could be, over this problem. The time ate can support. this legislation. If we weren’t facing a to do it is now. That is what we have This is not legislation where, for ex- very severe crisis in about 7 or 8 been working on in committee. ample, if someone had their arm cut off months from now—7 months, I guess— This is not a partisan issue. It affects tragically in a tractor accident, they then there would not be a need for this every computer system that uses date would not have a remedy. We make legislation. information, and I want it understood sure that all personal injuries which Our object is to protect innocent how this happened. Y2K is not a design could come about—say an elevator business people, both large, medium flaw; it was an engineering tradeoff. In doesn’t work and a person is tragically and small, from being exposed to the order to get more space on a disc and injured. This legislation doesn’t affect kind of lawsuits which we know will in memory, the precision of century in- that. That person has all the remedies transpire if we do not do something dicators was abandoned. Now, it is hard in the tort law and the personal injury about the problem. to believe today that disc and memory laws that are on the books. This in- It is not only important that we re- space used to be at a premium, but it volves ensuring that there is not chaos ceive the support of the ‘‘high-tech was. The tradeoff became an industry in the marketplace early next year, community,’’ which is very important standard, and computers cannot work that we don’t tie up thousands of our April 27, 1999 CONGRESSIONAL RECORD — SENATE S4223 businesses in frivolous suits and do to be suits dismissed; that the manu- tial that any legislation addressing Y2K li- great damage to the emerging sector of facturers and the high-tech community ability do the following: our economy that is information driv- and the businesspeople are setting up a Encourage remediation over litigation and the assignment of blame; en. straw man here because it is not that Enact fair rules that reassure businesses; I thank the chairman for the many huge an issue despite the estimates That honest efforts at remediation will be changes he has made, and I am espe- that there can be as much as $300 bil- rewarded by limiting liability while enforc- cially hopeful that over the next few lion to $1 trillion taken out of the ing contracts and punishing negligence; hours the two leaders, Senator LOTT economy. Promote alternative dispute resolution; and Senator DASCHLE, can help us work Let me quote from the Progressive And, finally discourage frivolous lawsuits through the procedural quagmire the Policy Institute backgrounder of while protecting avenues of redress for par- Senate is in, so we can pass this legis- March 1999. They state: ties that suffer real injuries. lation now, at a time where there is an As the millennium nears, the year 2000 Mr. President, on those four prin- opportunity to pursue it in a delibera- computer problem poses a critical challenge ciples we acted in this legislation, and tive way. to our economy. Tremendous investments then we moved back to, if not the prin- I yield the floor. are being made to fix Y2K problems with ciples of it, some of what, in my view, Mr. MCCAIN. Mr. President, I thank U.S. companies expected to spend more than were the most desirable parts of the the Senator from Oregon for his enor- $50 billion. However, these efforts could be legislation on the nine major issues hampered by a barrage of potential legisla- which I just described in our negotia- mous work on this legislation. I think tion as fear of liability may keep some busi- it bears repeating what we have been nesses from effectively engaging in Y2K re- tions with Senator WYDEN and others. able to do here. I believe any objective mediation efforts. Then we even made concessions in two additional areas with Senator DODD. observer would agree that what Sen- Trial attorneys across the country And now it is not enough. ator WYDEN has brought to the bill rep- are actually preparing for the potential Mr. WYDEN. Mr. President, will the resents a tremendous movement from windfall. For those who doubt the Senator yield? the bill we originally passed in the emergence of such leviathan litigation, Mr. MCCAIN. Does the Senator from Commerce Committee. one only needs to listen to what is Oregon have a question? These discussions with Senator coming out of certain quarters of the Mr. WYDEN. I do. I think there is WYDEN and others resulted in at least legal community. At the American Bar one other important point that needs eight major changes. The biggest Association annual convention in To- to be made. It seems to me that the change was that we eliminated the so- ronto last August, a panel of experts legislation as it stands now makes it called good-faith defense, because we predicted that the legal costs associ- very clear that what is really going to could not define good faith and reason- ated with Y2K will exceed that of as- govern the vast majority of cases is the able efforts. bestos, breast implants, tobacco, and written contractual terms between We also put in, as Senator WYDEN Superfund litigation combined. That is businesses. mentioned, a sunset of January 1, 2003. more than three times the total annual If you look at page 11 of the sub- There is no cap on punitive damages estimated cost of all civil litigation in committee report, it makes it very when the defendant has intentionally the United States. clear that the act doesn’t apply to per- caused harm to the plaintiff. It clari- That is what was propounded at the sonal injuries or to wrongful deaths. fies that if a plaintiff gives 30 days no- American Bar Association convention What is going to apply are the written tice of a problem to the defendant, the in Toronto last August. contractual terms between businesses. defendant has 60 days to fix it. This Mr. President, it isn’t the Bank of As I recall, the chairman of the Com- doesn’t result in a 90-day delay for liti- America that is saying that. It isn’t merce Committee thought originally gation but does offer a critical oppor- the high-tech community. It is the that in this and other major changes tunity to solve problems rather than American Bar Association. litigate. there ought to be a Federal standard in Seminars on how to try Y2K cases are well this area. There was a concern that Language regarding the state of mind underway, and approximately 500 law firms and liability of bystanders was signifi- across the country have put together Y2K was, again, writing new law and tort cantly narrowed, redrafted, and clari- litigation teams to capitalize on the event. law. The chairman decided to make it fied in order to assure that the provi- Also, several lawsuits have already been clear that it was going to be written in sions are consistent with the Year 2000 filed making trial attorneys confident that a contractual terms that were going to Information and Readiness Disclosure large number of businesses, big and small, govern these agreements between busi- Act of 1998. will end up in court as both a plaintiff and a nesses. The economic loss rule was likewise defendant. Such overwhelming litigation What is the chairman’s under- would reduce investment and slow income standing of how that came about, and rewritten and narrowed to reflect the growth for American workers. current law in the majority of States. Indeed, innovation and economic growth why those written contractual terms Proportionate liability was signifi- will be stifled by the rapacity of strident were important in this reform? cantly compromised to incorporate ex- litigators. In addition to the potentially Mr. MCCAIN. I say to my friend from ceptions to the general rule to protect huge costs of litigation, there is another Oregon that he has pretty well pointed plaintiffs from suffering loss. unique element to the Y2K problem. In con- out that there were several standards Class action language was revised trast to past cases of business liability where which could be used for both legal as and narrowed, and language respecting individual firms or even industries engaged well as the sense of how the people who in some wrongful and damaging practices, are involved in the Y2K situation are the effect of State law on contracts and the Y2K problem potentially affects all as- the rules with respect to contract in- pects of the economy as it is for all intents involved. To have one standard, I terpretation was also revised to ad- and purposes a unique one-time event. It is think, was clearly called for, although dress concerns that Senator WYDEN best understood as an incomparable societal perhaps I would have liked to have seen raised. problem rooted in the early stages of our Na- a tougher standard. But the fact is that In other words, I believe we have tion’s transformation to a digital economy. this was a process of how we develop gone a long way. Applying some of the existing standards of legislation. We also wanted to respect Mr. President, the opponents of this litigation to such a distinct and communal the individual contracts, as the Sen- problem is simply not appropriate. legislation will make several argu- Legislation is needed to provide incentives ator from Oregon knows. ments. I respect those arguments. One for businesses to fix Y2K problems, to en- Mr. President, I just want to say will be that we are changing tort law— courage resolution of Y2K conflicts outside again that my dear friend from South that we are somehow fundamentally of the courtroom, and to ensure that the Carolina has been very patient, and I changing the law despite the fact that problem is not exploited by untenable law- know that he wants to speak at some this has a sunset provision in it of Jan- suits. length. I appreciate both his compas- uary 1, 2003. The Progressive Policy Institute goes sion and commitment and knowledge Also, they will say it is not a big on to say at the end: of the issue. problem; it is not nearly as big a prob- In order to diminish the threat of burden- We have tried to compromise. We lem as you think it is; there are going some and unwarranted litigation, it is essen- will continue to try to compromise. We S4224 CONGRESSIONAL RECORD — SENATE April 27, 1999 are now reaching close to a point where The PRESIDING OFFICER. Without of the Electric and Gas. I was proud of the legislation would be meaningless. objection, it is so ordered. the wholesale grocer, Piggly Wiggly I am all in favor of a process where The Senator from South Carolina. firm. We had 121 stores. I was their amendments are proposed, where they Mr. HOLLINGS. Mr. President, I ask chief counsel on an antitrust case are debated and voted on. I think that unanimous consent that the order for which I took all the way to the U.S. is the way we should do business. the 12:30 recess be extended 10 minutes, Supreme Court. I won. I had good cor- If the Senator from South Carolina until 12:40. porate clients, too. I am proud of trial has a problem with this legislation, I The PRESIDING OFFICER. Without lawyers. We don’t have time for frivo- hope he will propose an amendment to objection, it is so ordered. lous cases. this legislation. I will be glad to debate Mr. HOLLINGS. Mr. President, I will This downtown crowd will never see it, and we will be glad to have votes. go right to the point with respect to the courtroom. They sit there in the It is important that we resolve this the compromise. I have in hand a letter mahogany rooms with the Persian legislation. I would not like to see, nor from Craig R. Barrett, the distin- rugs. Their colleagues call and say, do I think the people of this country guished CEO of Intel. Without reading Let’s get a continuance, I want to play deserve, a gridlock where blocking of the entire letter, the consensus is that golf this afternoon—the clock runs on any legislation to move forward on this what they would really need is a settle- billable hours. The clock is running issue takes place. I don’t think that is ment or compromise regarding four and the clients never know the dif- fair. I don’t think it is fair or appro- particular points. One is procedural in- ference. And they pay $450 to $500 an priate on an issue of this magnitude of centives; another is with respect to the hour. which time is of the essence. We can’t provisions of contracts, that they have The distinguished Senator from Ohio have a blockage of this issue and take specificity; third, threshold pleading who sat in front of me, now a national this legislation up several months from provisions and the amount of damages hero, is indebted to a case for billable now. in materiality of defects which would hours. I respect the views of others who op- help constrain class action suits; and, We know about downtown. I don’t un- pose this legislation. But let’s go of course, the matter of proportion- derstand aspersions with respect to the through a legislative process. I am ality, or joint and several. trial bar—we are looking out for the willing to stay here all day and all I contacted Mr. Grove and told him injured parties. night to debate the amendments, what- we would yield on three points, but we I want these matters in the RECORD. ever they may be. I don’t want to in- didn’t want to get into tort law with a The case is clear cut, in this Senator’s troduce a cloture motion, because obvi- contract provision—all triable under mind. For example, I talked for about ously that cuts off people’s ability to the Uniform Commercial Code. He an hour in the office with the distin- debate this issue because of the time- didn’t think he could yield on that guished head of Intel, Andy Grove, some weeks back. I don’t want anyone frame and time limits involved in a fourth one. cloture motion. Since that time, I understand that to be misled, he is for proportionality. But I also urge my colleagues who the downtown Chamber of Commerce That is explained in the letter. How- oppose this legislation, let’s not engage says they are not yielding at all with ever, he said it wasn’t a real problem. I ask unanimous consent that an ar- in extraneous amendments on min- respect to the test in tort law. ticle in the March issue of Business imum wage, or violence on TV, or guns, My colleague from Oregon says there Week entitled ‘‘Be Bug-Free or Get or anything else. That, frankly, in all are nine points and that we have got- Squashed’’ be printed in the RECORD. due respect to my colleagues, is avoid- ten together. That is garbage. That is There being no objection, the article ing this issue. This issue needs to be not the case at all, I can say that right was ordered to be printed in the addressed. now. RECORD, as follows: In the eyes of every American, there They are determined to change the [From the Business Week, Mar. 1, 1999] is a huge problem arising at 12:01, Jan- proof of neglect by ‘‘the greater weight BE BUG-FREE OR GET SQUASHED—BIG COMPA- uary 1 of the year 2000. We have an ob- of the preponderance of evidence’’ to NIES MAY SOON DUMP SUPPLIERS THAT ligation to address that problem. ‘‘clear and convincing.’’ I thought that AREN’T Y2K-READY For us to now be sidetracked with was compromise. Reviewing the Lloyd Davis is feeling squeezed. In 1998, his other issues and extraneous amend- McCain-Wyden amendment that is now $2 million, 25-employee fertilizer-equipment ments, or others, is doing a great dis- under debate, Members will find on business was buffeted by the harsh winds service to those men and women, small that page scratched out and written in, that swept the farm economy. This year, his businesses and large and medium size, ‘‘clear and convincing evidence.’’ They Golden Plains Agricultural Technologies Inc. which will be affected by this serious want to change the burden in tort in Colby, Kan., is getting slammed by Y2K. problem, of which, by the way, even Davis needs $71,000 to make his computer cases from ‘‘the greater weight of the systems bug-free by Jan. 1. But he has been with a select committee we really preponderance of evidence’’ to ‘‘clear able to rustle up only $39,000. His bank has haven’t gotten a good handle on the and convincing.’’ denied him a loan because—ironically—he’s magnitude of the problem. It depends How can you do that when you do not not Y2K-ready. But Davis knows he must on what part of our economy, what have the elements before you? You do make the fixes or lose business. ‘‘Our big part of government, et cetera. not have control of the manufacturer; customers aren’t going to wait much But there is no one who alleges that you do not have control of the soft- longer,’’ he frets. there is no problem. It is our obligation Golden Plains and thousands of other ware. If you are like me and other pro- small businesses are getting a dire ulti- to try to address this problem. Let’s do fessionals like our doctor friends or matum from the big corporations they sell it in an orderly fashion with debate, CPAs, they don’t know those kinds of to: Get ready for Y2K, or get lost. Multi- with amendments, and then vote on things. They have to do the best they nationals such as General Motors, McDon- final passage. can by the greater weight of the pre- ald’s, Nike, and Deere are making the first I urge my colleagues to respect such ponderance of evidence—not clear and quarter—or the second at the latest—the a process. convincing. deadline for partners and vendors to prove they’re bug-free. A recent survey by consult- UNANIMOUS-CONSENT AGREEMENT So they stick to punitive, they stick ants Cap Gemini America says 69% of the Mr. MCCAIN. Mr. President, I ask to clear and convincing, they stick to 2,000 largest companies will stop doing busi- unanimous consent when the Senate joint and several, but they come on the ness with companies that can’t pass muster. reconvenes at 2:15 it be in order for the floor of the Senate and exclaim how The National Federation of Independent Senate Chaplain to offer a prayer in reasonable they are and then allude, of Business figures more than 1 million compa- honor of the moment of silence being course, to the trial lawyers and talk nies with 100 workers or less won’t make the observed in Colorado, and following the about campaign financing, but say as cut and as many as half could lose big prayer the junior Senator from Colo- an aside, We don’t want to get into it— chunks of business or even fail. Weak Links. Cutting thousands of compa- rado be recognized to speak, to be fol- as if the Senator from South Carolina nies out of the supply chain might strain lowed by the senior Senator from Colo- is paid by trial lawyers to do this. supply lines and could even crimp output. rado who, after some remarks, will I represented corporate America, and But most CEOs figure it’ll be cheaper in the offer a moment of silence. I will list those companies. I was proud long run to avoid bugs in the first place. April 27, 1999 CONGRESSIONAL RECORD — SENATE S4225 Some small outfits are already losing key World Bank has shelled out $72 million in Thelen, Reid & Priest in San Francisco, one customers. In the past year, Prudential In- loans and grants to Y2K-stressed nations, in- of the first law firms to devote major re- surance Co. has cut nine suppliers from its cluding Argentina and Sri Lanka. But it may sources to Year 2000. ‘‘People are finding ‘‘critical’’ list of more than 3,000 core ven- be too little too late: AT&T alone has spent things to fix but not many that would shut dors, and it continues to look for weak links, $900 million fixing its systems. them down.’’ says Irene Dec, vice-president for informa- Davis, for one, is not ready to quit. ‘‘I’ve The work and the litigation stems from tion systems at the company. At Citibank, survived tornadoes, windstorms, and the practice in older computers and software says Vice-President Ravi Apte, ‘‘cuts have drought,’’ he says. ‘‘We’ll be damaged, yes, programs of using two digits to denote the already been made.’’ but we’ll survive.’’ Sadly, not everyone will year in a date; some mistakenly read next Suppliers around the world are feeling the be able to make that claim. year’s ‘‘00’’ as meaning 1900, and others do pinch. Nike Inc. has warned its Hong Kong Mr. HOLLINGS. Through the Auto- not recognize it as a valid number. vendors that they must prove they’re Y2K Somewhere between 50 and 80 cases linked ready by Apr. 1. In India, Kishore motive Industry Action Group, GM and to the Year 2000 problem have been filed so Padmanabhan, vice-president of Bombay’s other carmakers have set a March 31 far, according to various estimates. The vast Tata Consultancy Services, says repairs are deadline for vendors to become Y2K majority focus on whether hardware and runing 6 to 12 months behind. In Japan, compliant. In March, members of the software vendors are obligated to pay for fix- ‘‘small firms are having a tough time mak- Grocery Manufacturers of America will ing or replacing equipment and programs ing fixes and are likely to be the main source meet with their counterparts from the that malfunction when they encounter Year of any Y2K problems,’’ says Akira Ogata, 2000 dates. Food Marketing Institute to launch When such cases involve consumer prod- general research manager for Japan Informa- similar efforts. Other companies are tion Service Users Assn. Foreign companies ucts, a key issue has been whether lawsuits operating in emerging economies such as sending warnings to laggards and shift- could be filed before any malfunctions have China, Malaysia, and Russia are particularly ing business, so the text-savvy Y2K can actually occurred. Plaintiff’s lawyers have hard-pressed to make Y2K fixes. In Indo- be a great opportunity to clean up and likened the situation to a car known to have nesia, where the currency has plummeted to modernize the supply system. a safety hazard; Detroit would be expected to 27% of its 1977 value, many companies still The market is working. We pointed take the initiative, send out recall notices to don’t consider Y2K a priority. that out. In a report by none other car owners and pay for the fix before an acci- A December, 1998 World Bank survey shows dent occurred, they say. than Bill Gates at the World Economic But in the major rulings so far, courts in that only 54 of 139 developing countries have Forum, they believe the millennium begun planning for Y2K. Of those, 21 are tak- California and New York have concluded ing steps to fix problems, but 33 have yet to bug, aside from some possible glitches that the law in those states does not treat take action. Indeed, the Global 2000 Coordi- in delivery and supply, may pose only the fast-changing, low-cost world of con- nating Group, an international group of modest problems. Mr. Gates talked sumer software like cars. Actions against Intuit Inc., the manufac- more than 230 institutions in 46 countries, about it not being a real problem. turer of Quicken, a popular financial pack- has reconsidered its December, 1998 promise I ask unanimous consent to have age, have been dismissed because consumers to the U.N. to publish its country-by-country printed in the RECORD an article from were unable to demonstrate that they had Y2K-readiness ratings. The problem: A peek the New York Times, dated April 12, already been damaged. at the preliminary list has convinced some entitled ‘‘Lawsuits Related to Y2K Intuit has promised to make free software group members that its release could cause Problem Start Trickling Into the patches available before next Jan. 1, but is massive capital flight from some developing fighting efforts by plaintiffs’ lawyers in Cali- countries. Courts.’’ There being no objection, the article fornia to force the company to compensuate Big U.S. companies are not sugar-coating consumers who dealt with the problem by the problem. According to Sun Microsystems was ordered to be printed in the purchasing upgrades before learning of the CEO Scott G. McNealy, Asia is ‘‘anywhere RECORD, as follows: free fix. from 6 to 24 months behind’’ in fixing the [From the New York Times, Apr. 12, 1999] The case against mass retailers, filed in Y2K problem—one he says could lead to LAWSUITS RELATED TO Y2K PROBLEM START Contra Costa County, Calif., in January, ar- shortages of core computers and disk drives TRICKLING INTO THE COURTS gues that the stores violated a state con- early next year. Unresolved, says Guy sumer protection statute by selling a wide (By Barnaby J. Feder) Rabbat, corporate vice-president for Y2K at array of software, including Windows 98 and Solectron Corp. in San Jose, Calif., the prob- A trickle of new lawsuits in recent months certain versions of Quicken, Microsoft lem could lead to price hikes and costly de- is expanding the legal landscape of the Year Works, Peachtree Accounting and Norton livery delays. 2000 computer problem. But so far, the cases Anti-Virus, without warning customers Thanks to federal legislation passed last offer little support for the dire predictions about potential Year 2000 problems or sup- fall allowing companies to share Y2K data to that courts will be choked by litigation over plying free patches from the manufacturers. speed fixes, Sun and other tech companies, Y2K, as the problem is known. In cases where consumers were told of soft- including Cisco Systems, Dell Computer, Some major equipment vendors, including ware defects, the complaint contends, they Hewlett-Packard, IBM, Intel, and Motorola, IBM, AT&T and Lucent Technologies Inc., were sometimes told that the least expensive are teaming up to put pressure on the sup- for example, have joined the ranks of those solution was to buy an upgrade from the pliers they judge to be least Y2K-ready. being sued for not forewarning customers store, even though the manufacturers had a Their new High-Technology Consortium on that equipment they sold in recent years stated policy of providing free patches. Year 2000 and Beyond is building a private cannot handle Year 2000 dates and for not The complaint also cites hardware with database of suppliers of everything from disk supplying free upgrades. Year 2000 defects that was sold in the stores drives to computer-mouse housings. He says A California suit claims that Circuit City without warning, including equipment from the group will offer technical help to laggard Stores Inc., CompUSA Inc. and other mass- Compaq Computer, NEC and Toshiba from firms—partly to show good faith if the indus- market retailers violated that state’s unfair 1995 to 1997. it also contends that as recently try is challenged later in court. But ‘‘if a business practices law by not warning cus- as this year, the stores have been packaging vendor’s not up to speed by April or May,’’ tomers about Year 2000 problems in com- a wide variety of new computers with soft- Rabbat says ‘‘it’s serious crunch time.’’ puters and other equipment they sold. And ware that contains Year 2000 defects. Warnings. Other industries are following an Alabama lawyer sued the state of Ala- The stores have moved to dismiss the suit, suit. Through the Automotive Industry Ac- bama on behalf of two welfare recipients, arguing among other things that failing to tion Group, GM and other carmakers have asking that the state be ordered to set aside warn consumers about defects does not set Mar. 31 deadlines for vendors to become money to upgrade its computer systems to amount to misleading them under the Cali- Y2K-compliant. In March, members of the ensure that benefits will be delivered with- fornia law. Grocery Manufacturers of America will meet out interruption. Many other cases have involved business with their counterparts from the Food Mar- Despite such skirmishes, though, which software, services and computer equipment, keting Institute to launch similar efforts. lawyers say only offer hints of the wide vari- but lawyers describe them largely as ‘‘plain Other companies are sending a warning to ety of cases yet to come, there is no sign yet vanilla’’ contract disputes. laggards—and shifting business to the tech- of the kind of high-stakes damage suits that The first case to result in a settlement savvy. ‘‘Y2K can be a great opportunity to some have projected could overwhelm courts paying damages to a plaintiff involved clean up and modernize the supply chain,’’ with $1 trillion in claims. Produce Palace International, a Warren, MI., says Roland S. Boreham, Jr., chairman of In fact, while Congress and many state leg- grocery that had complained that its busi- the board of Baldor Electric Co, in Fort islatures are suddenly awash in proposed ness had been repeatedly interrupted by the Smith, Ark. laws meant to prevent such a tidal wave, failure of a computerized checkout scanning In Washington, Senators Christopher S. many lawyers actively involved with Year system to read credit cards expiring in the Bond (R-Mo.) and Robert F. Bennett (R- 2000 issues now question just how big the Year 2000. In the settlement, reached last Utah) have introduced separate bills to make litigation threat really is. November, the vendor, TEC America Inc., an it easier for small companies like Davis’ to ‘‘There was more reason to be alarmed a Atlanta-based unit of the TEC Corp. of get loans and stay in business. And the year ago,’’ said Wynne Carvill, a partner at Japan, paid Produce Palace $250,000. S4226 CONGRESSIONAL RECORD — SENATE April 27, 1999 Several software manufacturers have set- [The New York Times, Apr. 26, 1999] once it becomes clear how widespread the tled suits on terms that provide free up- LIABILITY FOR THE MILLENNIUM BUG problem really is. But before the new year, grades and payments to the lawyers that With 249 days to go until the year 2000, the Government should not use the millen- sued them. Last month, for example, a mag- many experts are alarmed and others are nium bug to overturn longstanding liability istrate for U.S. District Court in New Jersey only mildly concerned about the danger of practices. A potential crisis is no time to ab- approved a settlement that provided up to computer chaos posed by the so-called mil- rogate legal rights. $46 million in upgrades and $600,000 in cash to lennium bug. One prediction seems safe, Mr. HOLLINGS. This article says a doctors who had purchased billing manage- however. Whatever the damage, there will be potential crisis is no time to abrogate ment software from Medical Manager Corp. lots of lawsuits. In anticipation, some in legal rights. They come out in opposi- That is not the end of Year 2000 problems Congress, mainly Republicans, want legisla- for Medical Manager, which is based in tion of this particular legislation. tion to limit the right of people and busi- My colleague from Oregon says that Tampa, FL. It still has to contend with a nesses to sue in the event of a Y2K disaster. shareholder lawsuit filed in U.S. District Their reasoning is that the important thing has all been cleaned up by his par- Court in Florida last fall after its stock tum- is to get people to fix their computer prob- ticular amendment. Not at all. I ask bled on the news of the New Jersey class-ac- lems now rather than wait and sue. But the unanimous consent an article from the tion suit. Several other shareholder suits legislation is misguided and potentially un- Oregonian, dated March 22, be printed have been filed against other software com- fair. It could even lessen the incentive for in the RECORD. panies based on claims linking Year 2000 corrective action. There being no objection, the article problems to stock declines. As most people know by now, the millen- was ordered to be printed in the In general, defendants have fared well in nium bug arises from the fact that chips and RECORD, as follows: Year 2000 business software cases. Courts software have been coded to mark the years have strictly interpreted contracts and li- with only two digits, so that when the date Y2K ESCAPE CLAUSE censes to prevent plaintiffs from collecting on computers moves over to the year 2000, (By Paul Gillin) on claims for upgrades or services unless the computers may go haywire when they Faced with an almost certain flood of year they were specifically called for in the con- register 1900 instead. A recent survey by a 2000-related litigation, industry groups are tract. Senate Special Committee on the Year 2000 banding together to try to limit their liabil- In December, an Ohio court threw out a po- found that while many Government agencies ity. Users should oppose those efforts with tential class-action claim against Macola and larger companies have taken action to all their power. This legal debate is tricky Inc., a software company, contending that correct the bug, 50 percent of the country’s because the combatants are equally oppor- early versions of its accounting program small- and medium-size businesses have not. tunistic and unpleasant. On one side is the with Year 2000 defects should be upgraded for The failure is especially worrisome in the Information Technology Association of free because the company advertised it as health sector, with many hospitals and 90 America, in alliance with various other in- ‘‘software you’ll never outgrow.’’ percent of doctors’ offices unprepared. dustrial groups. They have proposed a law The court ruled that anyone actually li- If hospitals, supermarkets, utilities and that, among other things, would limit puni- censing the software accepted the explicit small businesses are forced to shut down be- tive damages in year 2000 cases to triple and very limited terms of the warranty as all cause of computer problems, lawsuits damages and give defendants 90 days to fix a that Macola had legally promised. That deci- against computer and software manufactur- problem before being named in a suit. On the sion has been appealed. ers will certainly result. Some experts esti- other side are lawyers’ associations that an- One closely watched case involves the Cin- mate that liability could reach $1 trillion. ticipate a bonanza of fees, even if the year cinnati Insurance Co.’s request that a U.S. Legislation to protect potential defendants, 2000 problem doesn’t turn out to be that seri- District Court in Cedar Rapids, Iowa, declare sponsored by Senator John McCain of Ari- ous. that the company is not obligated to defend zona, is expected to be voted on in the Sen- Hard as it is to find a good guy, you have or reimburse a client that has been sued on ate this week. The bill would impose caps on to give the lawyers their due. Year 2000 may an accusation that it failed to provide hos- punitive damages and tighter standards of be their opportunity, but it isn’t their prob- pital management software free of Year 2000 proof of liability, and provide for a 90-day lem. defects. waiting period in which the sued company The problem belongs—hook, line and sink- It is the first case to raise the question of would be allowed to cure the problem. The er—to the vendors that capriciously ignored whether insurance companies may be ulti- bills would also suspend ‘‘joint and several warnings from as long ago as the late ’70s mately liable for much of the hundreds of liability,’’ under which wealthy defendants, and that now are trying to buy a free pass billions spent on Year 2000 repairs, if not like chip or software companies, could have from Congress. It’s appalling to look at the damages from breakdowns in the future. But to pay the full cost of damages if other par- list of recent software products that have lawyers say the actual insurance policy at ties could not be sued because they were year 2000 problems. It has been five years issue may not cover the crucial years in the overseas or unable to pay. since year 2000 awareness washed over the underlying suit against Cincinnati Insur- These provisions would curtail or even sus- computer industry, which makes it difficult ance’s client. That wrinkle, they say, could pend a basic protection, the right to sue, to believe that products such as Office 97 let the insurer off the hook without the that consumers and businesses have long en- aren’t fully compliant. court’s shedding light on the larger issues. joyed. The White House and the Congres- The industry players behind this legisla- ‘‘The results in the initial cases have sional Democratic leadership are right to tion package are the same ones that helped dampened the fervor somewhat,’’ said view such a step as unnecessary. Existing li- push through the Trojan horse called the Charles Kerr, a New York lawyer who heads ability laws offer plenty of protections for Year 2000 Information and Readiness Disclo- the Year 2000 section of the Practicing Law businesses that might be sued. Proponents of sure Act last October. That bill provides ven- Institute, a legal education group. ‘‘Legisla- the legislation argue, for example, that com- dors with a cloak of legal protection based tion could change the landscape dramati- panies that make good-faith efforts to alert on past statements about efforts to correct cally.’’ customers of Y2K problems should not be the problem. The industry players have tried punished if the customers ignore the warn- Many lawyers say the momentum for some to color the bills as reasonable hedges ing, or if the companies bear only a small kind of action in Congress looks against frivolous lawsuits that will sap the portion of the responsibility. But state li- unstoppable. Seven states have already legal system post-new year. Yet defendants ability laws already allow for these defenses. barred Year 2000 damage suits against them- in personal injury and class-action suits The larger worry is that the prospect of im- selves and similar proposals were filed in 30 enjoy no such protections. munity could dissuade equipment and soft- other legislatures this year. Some states Vendors have had plenty of time to prepare ware makers from making the effort to cor- have already passed bills limiting private for 2000. The fact that some were more pre- rect the millennium-bug problem. lawsuits as well. A recent example, signed occupied with quarterly earnings and stock It might make sense to have a 90-day last Tuesday in Colorado, gives businesses options than in protecting their customers is ‘‘cooling off’’ period for affected businesses that attempt to address their Year 2000 risks no excuse for giving them a get-out-of-jail- to get help to fix as many problems as pos- stronger defenses against lawsuits; it also free card now. sible without being able to file lawsuits. But bans punitive damages as a remedy in such it would be catastrophic if stores, small busi- Mr. HOLLINGS. One line in the arti- litigation. nesses and vital organizations like hospitals cle reads, Mr. HOLLINGS. I ask unanimous and utilities were shut down for 90 days. Sponsoring GOP Senators say this bill consent to have printed in the RECORD They should have the same recourse to relief would provide incentives for solving tech- an article entitled ‘‘Liability for the from the parties that supplied them with nical issues before failures occur, but in fact Millennium Bug’’ from the New York faulty goods that any other customer has. it does just the opposite. It eliminates the Times, dated April 26. Government can certainly help by pro- threat of lawsuits as a negative incentive for viding loans, subsidies and expertise to com- companies that might otherwise neglect The being no objection, the article puter users and, perhaps, by setting up spe- their responsibilities in addressing their Y2K was ordered to be printed in the cial courts to adjudicate claims. Congress problems or reimbursing consumers for their RECORD, as follows: can also clarify the liability of companies losses. Federal legislation that overrides April 27, 1999 CONGRESSIONAL RECORD — SENATE S4227 State courts is a serious infringement on Thank you very much. Very truly yours, The system worked well for me for ten years, States’ rights that merits only rare applica- Ronald N. Weikers, Attorney at Law, Phila- until the computer finally crashed from lack tion, while a massive computer meltdown delphia, Pennsylvania. of sufficient memory. meets that criteria. Congress passed the Mr. President, there are things in In 1996, I replaced my old system with a tightly-crafted bipartisan bill to help compa- here to emphasize. One is: ‘‘I do not new, state of the art pentium system from nies work through the problem. Medical Manager for $13,000. This was a huge represent any clients that have an in- As you can see from the Business investment for a practice of my size. terest in the passage or defeat of any I remember joking with the computer Week article, they worked through proposed Y2K legislation.’’ And I em- salesman at the time that this was a big pur- that problem. phasize that his book will be published chase for me, and that I was counting on this Mr. President, there was some inter- by the West Group in June. The month system to last as long as the last one did. esting testimony that we received be- after next, in about 5 or 6 weeks, this I remember the salesman telling me that fore our committee a few weeks back book will be coming out. I can tell you he was sure that I would get at least ten years out of it. He showed me a list of how from a Dr. Robert Courtney. It is talk- as a practicing attorney that the West ing about the cases. many of his local customers had used the Group is not going to publish any par- Medical Manager for longer than ten years. Incidentally, I ask unanimous con- tisan political book or edition. It would And, the salesman pointed me to this ad- sent to print in the RECORD a letter of not sell to the lawyers on both sides. vertising brochure put out by Medical Man- yesterday from the Honorable Ronald We like to look up and find the au- ager. It states that their product would pro- N. Weikers. thorities, not political arguments. The vide doctors with ‘‘the ability to manage There being no objection, the letter West Group is in that particular field [their] future.’’ In truth, I never asked the salesman about was ordered to be printed in the professionally of documenting in a re- RECORD, as follows: whether the new system that I was buying search fashion the matter of Y2K cases was Y2K compliant. I honestly did not know PHILADELPHIA, PA, April 26, 1999. in this particular interest. I can tell even to ask the question. After all, I deliver Re Y2K Legislation Unnecessary. you right now they have pretty good babies. I don’t program computers. Based on Mr. MOSES BOYD, evidence about what has been occur- the salesman’s statements and the brochure, Office of the Honorable Fritz Hollings, Wash- I assumed the system would work long into ington, DC. ring. What has been occurring is best evi- the future. After all, he had promised me DEAR MR. BOYD: Thank you for speaking denced by the testimony of Dr. Robert over ten years’ use, which would take me to with me earlier. Thirteen (13) of the 44 Y2K 2006. lawsuits that have been filed to date have Courtney before the Committee on But just one year later, I received a form been dismissed entirely or almost entirely. Commerce, Science, and Transpor- letter from Medical Manager telling me that Twelve (12) cases have been settled for mod- tation on February 9 on S. 96, the Y2K the system I had just purchased had a Y2K erate sums or for no money. The legal sys- Act. I ask unanimous consent that his problem. It was a problem that would make tem is weeding out frivolous claims, and Y2K testimony be printed in the RECORD. it impossible for me to schedule due dates or legislation is therefore unnecessary. There being no objection, the article handle my administrative tasks—as early as Thirty-five (35) cases have been filed on be- was ordered to be printed in the 1999. half of corporate entities, such as health Medical Manager also offered to fix the RECORD, as follows: care providers, retailers, manufacturers, problem that they had created—but for service providers and more. Nine (9) cases TESTIMONY OF DR. ROBERT COURTNEY AT THE $25,000. have been filed on behalf of individuals. This SENATE COMMITTEE ON COMMERCE, SCIENCE, I was outraged, as I suspect anyone sitting trend will continue. Thus, the same corpora- AND TRANSPORTATION HEARING ON S. 96, THE around this table would be. The original sys- tions that are lobbying for Y2K legislation Y2K ACT, FEBRUARY 9, 1999 tem had cost me $15,000 when I purchased it may be limiting their own rights to recover Good morning, my name is Bob Courtney, in 1986. The upgraded system cost me $13,000 remediation costs or damages. and I am a doctor from Atlantic County, in 1996. Now, a year later, they wanted an- I have studied the Y2K problem carefully New Jersey. It is an honor for me to be here other $25,000. They knew when they sold me from the legal perspective, and have written this morning, and I thank you for inviting the $13,000 system that it would need this up- a book entitled ‘‘Litigating Year 2000 Cases’’, me to offer testimony on the Y2K issue. grade—but of course, they didn’t tell me. which will be published by West Group in As a way of background, I am an ob/gyn I wrote back to the company that I fully June. I frequently write and speak about this and a solo practitioner. I do not have an of- expected them to fix the problem for free, subject. I do not represent any clients that fice manager. It’s just my Registered Nurse, since I had just bought the system from have an interest in the passage or defeat of Diane Hurff, and me, taking care of my 2000 them and I had been promised that it would any proposed Y2K legislation. Feel free to patients. work long into the future. call me, should you have any questions. These days, it is getting tougher and The company ignored my request, however, Thank you very much. tougher for those of us who provide tradi- and several months later, sent me an esti- Very truly yours, tional, personalized medical services. The mate for fixing the problem—again, for over RONALD N. WEIKERS. paperwork required by the government on $25,000. Mr. HOLLINGS. This letter is ad- one hand, and by insurance companies on the At this point, I was faced with a truly dif- dressed to my staff, Mr. Moses Boyd. It other is forcing me to spend fewer hours ficult dilemma. My practice depends on the doing what I do best—taking care of patients use of a computer system to track my pa- says: and delivering their babies. tients’ due dates, surgeries and billings—but Dear Mr. Boyd: Thank you for speaking But it was a Y2K problem which recently I did not have $25,000 to pay for an upgrade. with me earlier. Thirteen (13) of the 44 Y2K posed a serious threat to my practice, and Additionally, I was appalled at the thought lawsuits that have been filed to date have that is why I am here this morning. of having to pay Medical Manager for a prob- been dismissed entirely or almost entirely. As a matter of clarification, although I am lem that they had created and should have Twelve (12) cases have been settled for mod- a doctor, I am not here to speak on behalf of anticipated. If I had to pay that $25,000, that erate sums or for no money. The legal sys- the American Medical Association. Although would force me to drop many of my indigent tem is weeding out frivolous claims, and Y2K I am also a small businessman, I am not here patients that I now treat for free. legislation is therefore unnecessary. to speak on behalf of the Chamber of Com- Since Medical Manager insisted upon Thirty-five (35) cases have been filed on be- merce. I cannot tell you who these organiza- charging me for the new system, and because half of corporate entities, such as health tions feel about the legislation before the my one year-old system was no longer de- care providers, retailers, manufacturers, Committee. But I can tell you how it would pendable, I retained an attorney and sued service providers, and more. Nine (9) cases have affected my practice and my business. Medical Manager to fix or replace my com- have been filed on behalf of individuals. This I am one of the lucky ones. While a poten- puter system at their cost. trend will continue. Thus, the same corpora- tial Y2K failure impacted my practice, the Within two months of filing our action, tions that are lobbying for Y2K legislation computer vendor that sold me the software Medical Manager offered to settle by pro- may be limiting their own rights to recover system and I were able to reach an out-of- viding all customers who bought a non-Y2K remediation costs or damages. court settlement which was fair and expe- compliant system from them after 1990 with I have studied the Y2K problem carefully dient. From what my attorney, Harris a free upgrade that makes their systems Y2K from the legal perspective, and have written Pogust, who is here with me today tells me, compliant by utilizing a software ‘‘patch.’’ a book entitled ‘‘Litigating Year 2000 Cases,’’ I doubt I would have been so lucky had this This settlement gave me what I wanted which will be published by West Group in legislation been in effect. from Medical Manager—the ability to use June. I frequently write and speak about the In 1987, I purchased a computer system my computer system as it was meant to be subject. I do not represent any clients that from Medical Manager, one of the leading used. To my great satisfaction, the legal sys- have an interest in the passage or defeat of medical systems providers in the country. I tem worked for me and the thousands of any proposed Y2K legislation. Feel free to used the Medical Manager system for track- other doctors who bought Medical Manager’s call me, should you have any questions. ing surgery, scheduling due dates and billing. products since 1990. In fact, since I brought S4228 CONGRESSIONAL RECORD — SENATE April 27, 1999 my claim against Medical Manager, I have Incidentally, that is very important AMA is opposed to this legislation which received numerous telephone calls and let- for a doctor. If he gets sued for mal- would limit Y2K liability. I’ve attached a ters from doctors across the country who had practice, it might be based on his com- copy of testimony the AMA presented to the similar experiences. Ways and Means Committee last week on Additionally, even Medical Manager has puter and not on his professional treat- Y2K. I call your attention to page nine of stated that it was pleased with the settle- ment. that testimony where we address our specific ment. According to the Medical Manager I go on to read: concerns with this type of legislation. president who was quoted in the American ... The system worked well for me for ten We understand that Barnes Kaufman, a PR Medical News, ‘‘[f]or both our users and our years, until the computer finally crashed firm, is attempting to schedule a meeting on shareholders, the best thing was to provide a from lack of sufficient memory. this issue later this week to mount opposi- Y2K solution. This is a win for our users and In 1996, I replaced my old system with a tion to such legislation. Someone from this a win for us.’’ [pick up article and display to new, state of the art pentium system from office will attend the meeting whenever it is Senators] Medical Manager for $13,000. This was a huge scheduled. I simply do not see why the rights of doc- investment for a practice my size. Mr. HOLLINGS. Mr. President, this tors and other small businesses to recover I remember joking with the computer is dated March 4, 1999: from a company such as Medical Manager salesman at the time that this was a big pur- Several specialities have called to ask should be limited—which is what I under- chase for me, and I was counting on this sys- about the American Medical Association’s stand this bill would do. Indeed, my attorney tem to last as long as the last one did— (AMA) position on H.R. 455 and S. 461. The tells me that if this legislation had been in AMA is opposed to this legislation which effect when I bought my system, Medical which was over 10 years— I remember the salesman telling me that would limit Y2K liability. Manager would not have settled. I would still I’ve attached a copy of testimony the AMA he was sure that I would get at least ten be in litigation, and might have lost my presented to the Ways and Means Committee years out of it. He showed me a list of how practice. last week on Y2K. I call your attention to many of his local customers had used the As an aside, at roughly the same time I page nine of that testimony where we ad- Medical Manager for longer than ten years. bought the non-compliant system from Med- dress our specific concerns with this type of ical Manager, I purchased a sonogram ma- Jumping down: legislation. chine from ADR. That equipment was Y2K ... one year later, I received a form letter compliant. The Salesman never told me it I ask unanimous consent to have from Medical Manager telling me the system was compliant. It was simply built to last. printed in the RECORD that testimony Why should we be protecting the vendors or I had just purchased had a Y2K problem. It which was prepared before the com- manufacturers of defective products rather was a problem that would make it impossible mittee on the House side. than rewarding the responsible ones? for me to schedule due dates or handle my There being no objection, the mate- Also, as a doctor, I also hope the Com- administrative tasks—as early as 1999. Medical Manager also offered to fix the rial was ordered to be printed in the mittee will look into the implications of this RECORD, as follows: legislation for both patient health and po- problem that they had created—but for STATEMENT OF DONALD J. PALMISANO, M.D., tential medical malpractice suits. This is an $25,000. issue that many doctors have asked me He only paid $13,000. J.D., MEMBER, BOARD OF DIRECTORS, AND about, and that generates considerable con- CHAIR, DEVELOPMENT COMMITTEE, NATIONAL I was outraged, as I suspect anyone sitting PATIENT SAFETY FOUNDATION, AND MEMBER, cern in the medical community. around this table would be. The original sys- In sum, I do appreciate this opportunity to BOARD OF TRUSTEES, AMERICAN MEDICAL tem had cost me $15,000 when I purchased it ASSOCIATION share my experiences with the Committee. I in 1986. The upgraded system cost me $13,000 (Testimony Before the House Committee on guess the main message I would like to leave in 1996. Now, a year later, they wanted an- Ways and Means—Hearing on the Year 2000 you with is that Y2K problems affect the other $25,000. They knew when they sold me Conversion Efforts and Implications for lives of everyday people like myself, but the the $13,000 system that it would need this up- current legal system works. Changing the Beneficiaries and Taxpayers, February 24, grade—but, of course, they didn’t tell me. 1999) equation now could give companies like Med- The company ignored my request, however, ical Manager an incentive to undertake pro- and several months later, sent me an esti- Mr. Chairman and members of the Com- longed litigation strategies rather than mate for fixing the problem—again, for mittee, my name is Donald J. Palmisano, agree to speedy and fair out-of-court settle- $25,000. MD, JD. I am a member of the Board of ments. Trustees of the American Medical Associa- I became a doctor, and a sole practitioner, But he said he didn’t have the $25,000. tion (AMA), a Board of Directors member of because I love delivering babies. I give each . . . I was appalled at the thought of hav- the National Patient Safety Foundation of my patients my home phone number. I am ing to pay Medical Manager for a problem (NPSF) and the Chair of the Development part of their lives. This Y2K problem could that they had created and should have an- Committee for the same foundation. I also have forced me to give all that up. It is only ticipated. practice vascular and general surgery in New because of my lawyer, and the court system, . . . I had to pay that $25,000. . .[so] I re- Orleans, Louisiana. On behalf of the three that I can continue to be the doctor that I tained an attorney and sued Medical Man- hundred thousands physician and medical have been. This bill, and others like it, would ager [under the present law]. student members of the AMA, I appreciate take that away from me. Please don’t do . . . To my great satisfaction, the legal the chance to comment on the issue of year that. Leave the system as it is. The court system worked for me and the thousands of 2000 conversion efforts and the implications worked for me—and it will work for others. other doctors who bought Medical Manager’s of the year 2000 problem for health care bene- Thank you. products since 1990. In fact, since I brought ficiaries. Mr. HOLLINGS. Mr. President, he is my claim against Medical Manager, I have INTRODUCTION a doctor from Atlantic County, NJ. I received numerous telephone calls and let- The year 2000 problem has arisen because will not read it in its entirety, but he ters from doctors across the country who had many computer systems, software and em- said: similar experiences. bedded microchips cannot properly process date information. These devices and software . . . But it was a Y2K problem which re- I can go down the letter, Mr. Presi- dent. The point is that he settled the can only read the last two digits of the cently posed a serious threat to my practice, ‘‘year’’ field of data; the first two digits are and that is why I am here this morning. case that was for some $1,455,000 for presumer to be ‘‘19.’’ Consequently, when ... Although I am a doctor, I am not here 17,000 doctors. data requires the entry of a date in the year to speak on behalf of the [AMA]. Although I I ask unanimous consent to print in 2000 or later, these systems, devices and soft- am a small businessman, I am not here to the RECORD a note from Jack Emery of ware will be incapable of correctly proc- speak on behalf of the Chamber of Com- the American Medical Association. essing the data. merce. I cannot tell you how these organiza- There being no objection, the note Currently, nearly all industries are in tions feel. . . . But I can tell you how it some manner dependent on information would have affected my business. ordered to be printed in the RECORD, as technology, and the medical industry is no I am one of the lucky ones. While a poten- follows: exception. As technology advances and its tial Y2K failure impacted my practice, the AMERICAN MEDICAL ASSOCIATION contributions mount, our dependency and computer vendor that sold me the software consequent vulnerability become more and Memo to: Washington Representatives, Na- system and I were able to reach an out-of- more evident. The year 2000 problem is re- tional Medical Specialty Societies court settlement which was fair and expe- vealing to us that vulnerability. dient. From: Jack Emery 202/789–7414 By the nature of its work, the medical in- . . . In 1987, I purchased a computer sys- Date: March 4, 1999 dustry relies tremendously on technology, tem from Medical Manager, one of the lead- Subject: Legislation Addressing Y2K Liabil- on computer sytems—both hardware and ing medical systems providers in the coun- ity software, as well as medical devices that try. I used the Medical Manager system for Several specialties have called to ask have embedded microchips. A survey con- tracking surgery, scheduling due dates and about the American Medical Association’s ducted last year by the AMA found that al- billing. (AMA) position on H.R. 455 and S. 461. The most 90% of the nation’s physicians are April 27, 1999 CONGRESSIONAL RECORD — SENATE S4229 using computers in their practices, and 40% ance and have promised to do more for the Louisiana, implemented a new computer sys- are using them to log patient histories.1 health care industry. tem—intended to be Y2K compliant—to han- These numbers appear to be growing as phy- ADMINISTRATIVE dle physicians’ Medicare claims. Although sicians seek to increase efficiency and effec- Many physicians and medical centers are physicians were warned in advance that the implementation might result in payment tiveness in their practices and when treating also increasingly relying on information sys- delays of a couple of weeks, implementation their patients. tems for conducting medical transactions, Virtually every aspect of the medical pro- problems resulted in significantly longer such as communicating referrals and elec- fession depends in some way on these sys- delays. For many physicians, this became a tronically transmitting prescriptions, as tems—for treating patients, handling admin- real crisis. Physicians who were treating sig- well as maintaining medical records. Many istrative office functions, and conducting nificant numbers of Medicare patients imme- physician and medical center networks have transactions. For some industries, software diately felt significant financial pressure and even begun creating large clinical data re- glitches or even system failures, can, at best, had to scramble to cover payroll and pur- positories and master person indices to cause inconvenience, and at worst, cripple chase necessary supplies.5 maintain, consolidate and manipulate clin- the business. In medicine, those same soft- We are encouraging physicians to address ical information, to increase efficiency and ware or systems malfunctions can, much the myriad challenges the Y2K dilemma ultimately to improve patient care. If these more seriously, cause patient injuries and poses for their patients and their practices, information systems malfunction, critical deaths. which include claims submission require- data may be lost, or worse—unintentionally PATIENT CARE ments. The public remains concerned how- and incorrectly modified. Even an inability ever that the federal government may not Assessing the current level of risk attrib- to access critical data when needed can seri- achieve Y2K compliance before critical dead- utable specifically to the year 2000 problem ously jeopardize patient safety. lines. An Office of Management and Budget within the patient care setting remains prob- Other administrative aspects of the Y2K report issued on December 8, 1998, disclosed lematic. We do know, however, that the risk problem involve Medicare coding and billing that the Department of Health and Human is present and it is real. Consider for a transactions. In the middle of last year, Services is only 49% Y2K compliant.6 In a minute what would occur if a monitor failed HCFA issued instructions through its con- meeting last week, though, HCFA represent- to sound an alarm when a patient’s heart tractors informing physicians and other atives stated that HCFA has made signifi- stopped beating. Or if a respirator delivered health care professionals that electronic and cant progress towards Y2K compliance, spe- ‘‘unscheduled breaths’’ to a respirator-de- paper claims would have to meet Y2K com- cifically on mission critical systems. In any pendent patient. Or even if a digital display pliance criteria by October 1, 1998. In Sep- case, we believe that HCFA should lead by were to attribute the name of one patient to tember 1998, however, HCFA directed Medi- example and have its systems in compliance medical data from another patient. Are these care carriers and fiscal intermediaries not to as quickly as possible to allow for adequate scenarios hypothetical, based on conjecture? reject or ‘‘return as unprocessable’’ any elec- parallel testing with physician claims sub- No. Software problems have caused each one tronic media claims for non-Y2K compliance mission software and other health care pro- of these medical devices to malfunction with until further notice. That notice came last fessionals. Such testing would also allow for potentially fatal consequences.2 The poten- month. In January 1999, HCFA instructed further systems refinements, if necessary. tial danger is present. both carriers and fiscal intermediaries to in- The risk of patient injury is also real. REIMBURSEMENT AND IMPLEMENTATION OF BBA form health care providers, including physi- To shore up its operations, HCFA has stat- Since 1986, the FDA has received more than cians, and suppliers that claims received on 450 reports identifying software defects—not ed that it will concentrate on fixing its in- or after April 5, 1999, which are not Y2K com- ternal computers and systems. As a result, it related to the year 2000—in medical devices. pliant will be rejected and returned as Consider one instance—when software error has decided not to implement some changes unprocessable. required under the Balanced Budget Act caused a radiation machine to deliver exces- We understand why HCFA is taking this sive doses to six cancer patients; for three of (BBA) of 1997, and it plans to postpone physi- action at this time. We genuinely hope, how- cians’ payment updates from January 1, 2000, them the software error was fatal.3 We can ever, that HCFA, to the extent possible, will anticipate that, left unresolved, medical de- to about April 1, 2000. assist physicians and other health care pro- In the AMA’s view, the Y2K problem is and vice software malfunctions due to the mil- fessionals who have been unable to achieve has been an identifiable and solvable prob- lennium bug would be prevalent and could be Y2K compliance by April 5. We have been in- lem. Society has known for many years that serious. formed that HCFA has decided to grant phy- the date problem was coming and that indi- Medical device manufacturers must imme- sicians additional time, if necessary, for rea- diately disclose to the public whether their viduals and institutions needed to take re- sonable good faith exceptions, and we strong- medial steps to address the problem. There is products are Y2K compliant. Physicians and ly support that decision. Physicians are other health care providers do not have the no justification for creating a situation genuinely trying to comply with HCFA’s where physicians, hospitals and other pro- expertise or resources to determine reliably Y2K directives. In fact, HCFA has already whether the medical equipment they possess viders now are being asked to pay for govern- represented that 95% of the electronic bills ment’s mistakes by accepting a delay in will function properly in the year 2000. Only being submitted by physicians and other the manufacturers have the necessary in- their year 2000 payment updates. Medicare Part B providers already meet HCFA has indicated to the AMA that the depth knowledge of the devices they have HCFA’s Y2K filing criteria. HCFA must not delay in making the payment updates is not sold. withhold reimbursement to, in any sense, being done to save money for the Medicare Nevertheless, medical device manufactur- punish those relatively few health care pro- ers have not always been willing to assist Trust Funds. In addition, the agency has said fessionals who have lacked the necessary re- that the eventual payment updates will be end-users in determining whether their prod- sources to meet HCFA’s Y2K criteria. In- ucts are year 2000 compliant. Last year, the conducted in such a way as to fairly reim- stead, physicians and HCFA need to continue burse physicians for the payment update Acting Commissioner of the FDA, Dr. Mi- to work together to make sure that their re- chael A. Friedman, testified before the U.S. they should have received. In other words, spective data processing systems are func- the updates will be adjusted so that total ex- Senate Special Committee on the Year 2000 tioning properly for the orderly and timely Problem that the FDA estimated that only penditures in the year 2000 on physician serv- processing of Medicare claims data. ices are no different than if the updates had approximately 500 of the 2,700 manufacturers We also hope that HCFA’s January 1999 in- of potentially problematic equipment had occurred on January 1. structions are not creating a double stand- We are pleased that HCFA has indicated a even responded to inquiries for information. ard. According to the instructions. HCFA willingness to work with us on this issue. Even when vendors did respond, their re- will reject non-Y2K compliant claims from But we have grave concerns about the agen- sponses frequently were not helpful. The De- physicians, other health care providers and cy’s ability to devise a solution that is equi- partment of Veterans Affairs reported last suppliers. HCFA however has failed to state table and acceptable to all physicians. year that of more than 1,600 medical device publicly whether Medicare contractors are Also, as it turns out, the year 2000 is a crit- manufacturers it had previously contacted, under the same obligation to meet the April ical year for physicians because several im- 233 manufacturers did not even reply and an- 5th deadline. Consequently, after April 5th portant BBA changes are scheduled to be other 187 vendors said they were not respon- non-compliant Medicare contractors will made in the resource-based relative value sible for alterations because they had likely continue to receive reimbursement scale (RMRVS) that Medicare uses to deter- merged, were purchased by another com- from HCFA while physicians, other health mine physician payments. This relative pany, or were no longer in business. One hun- care providers, and suppliers that file claims value scale is comprised of three compo- dred two companies reported a total of 673 not meeting HCFA’s Y2K criteria will have nents: work, practice expense, and mal- models that were not compliant but should their claims rejected. this inequity must be practice expense. Two of the three—practice 4 be repaired or updated this year. Since July corrected. expense and malpractice—are due to undergo 1998, however, representatives of the manu- Medicare administrative issues are of crit- Congressionally-mandated modifications in facturers industry have met with the Depart- ical importance to patients, physicians, and the year 2000. ment of Veterans Affairs, the FDA, the AMA other health care professionals. In one sce- In general, the practice expense changes and others to discuss obstacles to compli- nario that took place in my home state of will have different effects on the various spe- Louisiana, Arkansas Blue Cross & Blue cialities. Malpractice changes, to some mod- See footnotes end of article. Shield, the Medicare claims processor for est degree, would offset the practice expense S4230 CONGRESSIONAL RECORD — SENATE April 27, 1999 redistributions. To now delay one or both of which is a national news magazine widely a responsibility to work together to fashion these changes will have different con- distributed to physicians and medical stu- a systems approach to identifying and man- sequences for different medical specialties dents, has regularly featured articles over aging risk. It was this realization that and could put HCFA at the eye of storm that the last twelve months discussing the Y2K prompted the AMA to launch the NPSF as a might have been avoided with proper prepa- problem, patient safety concerns, reimburse- separate organization, which in turn ration. ment issues, Y2K legislation, and other re- partnered with other health care organiza- To make matters worse, we also are con- lated concerns. JAMA, one of the world’s tions, health care leaders, research experts cerned that delays in Medicare’s reimburse- leading medical journals, will feature an ar- and consumer groups from throughout the ment updates could have consequences far ticle written by the Administrator of HCFA, health care sector. beyond the Medicare program. Many private explaining the importance for physicians to One of these partnerships is the National insurers and state Medicaid agencies base become Y2K compliant. The AMA, through Patient Safety Partnership (NPSP), which is their fee-for-service payment systems on these publications, hopes to raise the level of a voluntary public-private partnership dedi- Medicare’s RBRVS. Delays in reimbursement consciousness among physicians of the po- cated to reducing preventable adverse med- updates caused by HCFA may very well lead tential risks associated with the year 2000 ical events and convened by the Department other non-Federal payers to follow Medi- for their practices and patients, and identify of Veterans Affairs. Other NPSP members care’s lead, resulting in a much broader than avenues for resolving some of the anticipated include the American Hospital Association, expected impact on physicians. problems. the Joint Commission on Accreditation of CURRENT LEVEL OF PREPAREDNESS The AMA has also developed a national Healthcare Organizations, the American campaign entitled ‘‘Moving Medicine Into Nurses Association, the Association of Amer- Assessing the status of the year 2000 prob- the New Millennium: Meeting the Year 2000 ica Medical Colleges, the Institute for lem is difficult not only because the inven- Challenge,’’ which incorporates a variety of Healthcare Improvement, and the National tory of the information systems and equip- educational seminars, assessment surveys, Patient Safety Foundation at the AMA. The ment that will be affected is far from com- promotional information, and ongoing com- NPSP has made a concerted effort to in- plete, but also because the consequences of munication activities designed to help physi- crease awareness of the year 2000 hazards noncompliance for each system remain un- cians understand and address the numerous that patients relying on certain medical de- clear. Nevertheless, if the studies are cor- complex issues related to the Y2K problem. vices could face at the turn of the century. rect, malfunctions in noncompliant systems The AMA is currently conducting a series of will occur and equipment failures can surely RECOMMENDATIONS surveys to measure the medical profession’s be anticipated. The analyses and surveys As an initial step, we recommend that the state of readiness, assess where problems that have been conducted present a rather Administration or Congress work closely exist, and identify what resources would best bleak picture for the health care industry in with the AMA and other health care leaders reduce any risk. The AMA already has begun general, and physicians’ practices in par- to develop a uniform definition of ‘‘compli- mailing the surveys, and we anticipate re- ticular. ant’’ with regard to medical equipment. ceiving responses in the near future. The in- The Odin Group, a health care information There needs to be clear and specific require- formation we obtain from this survey will technology research and advisory group, for ments that must be met before vendors are enable us to identify which segments of the instance, found from a survey of 250 health allowed to use the word ‘‘compliant’’ in asso- medical profession are most in need of as- care managers that many health care compa- ciation with their products. Because there is sistance, and through additional timely sur- nies by the second half of last year still had no current standard definition, it may mean veys, to appropriately tailor our efforts to not developed Y2K contingency plans.7 The different things to different vendors, leaving the specific needs of physicians and their pa- GartnerGroup has similarly concluded, based physicians with confusing, incorrect, or no tients. The information will also allow us to on its surveys and studies, that the year 2000 data at all. Physicians should be able to more effectively assist our constituent orga- problem’s ‘‘effect on health care will be par- spend their time caring for patients and not nizations in responding to the precise needs ticularly traumatic . . . [l]lives and health be required to spend their time trying to de- of other physicians across the country. will be at increased risk. Medical devices termine the year 2000 status of the numerous One of the many seminar series the AMA medical equipment vendors with whom they may cease to function.’’ 8 In its report, it sponsors is the ‘‘Advanced Regional Re- work. noted that most hospitals have a few thou- sponse Seminars’’ program. We are holding We further suggest that both the public sand medical devices with microcontroller these seminars in various regions of the and private sectors encourage and facilitate chips, and larger hospital networks and inte- country and providing specific, case-study health care practitioners in becoming more grated delivery systems have tens of thou- information along with practical rec- familiar with year 2000 issues and taking ac- sands of devices. ommendations for the participants. The sem- tion to mitigate their risks. Greater efforts Based on early testing, the GartnerGroup inars also provide tips and recommendations must be made in educating health care con- also found that although only 0.5–2.5 percent for dealing with vendors and explain various sumers about the issues concerning the year of medical devices have a year 2000 problem, methods for obtaining beneficial resource in- 2000, and how they can develop Y2K remedi- approximately 5 percent of health care orga- formation. Seminar participants receive a ation plans, properly test their systems and nizations will not locate all the noncompli- Y2K solutions manual, entitled ‘‘The Year devices, and accurately assess their expo- 9 ant devices in time. It determined further 2000 Problem: Guidelines for Protecting Your sure. We recognize and applaud the efforts of that most of these organizations do not have Patients and Practice.’’ This seventy-five this Committee, the Congress, and the Ad- the resources or the expertise to test these page manual, which is also available to hun- ministration in all of your efforts to draw at- devices properly and will have to rely on the dreds of thousands of physicians across the tention to the Y2K problem and the medical 10 device manufacturers for assistance. country, offers a host of different solutions community’s concerns. As a general assessment, the GartnerGroup to Y2K problems that physicians will likely We also recommend that communities and concluded that based on a survey of 15,000 face. It raises physicians’ awareness of the institutions learn from other communities companies in 87 countries, the health care problem, year 2000 operational implications and institutions that have successfully and industry remains far behind other industries for physicians’ practices, and identifies nu- at least partially solved the problem. Fed- in its exposure to the year 2000 problem.11 merous resources to address the issue. eral, state and local agencies as well as ac- Within the health care industry, the sub- In addition, the AMA has opened a web site crediting bodies that routinely address pub- groups which are the furthest behind and (URL: www.ama-assn.org) to provide the lic health issues and disaster preparedness therefore at the highest risk are ‘‘medical physician community additional assistance are likely leaders in this area. At the physi- practices’’ and ‘‘in-home service pro- to better address the Y2K problem. The site cian level, this means that public health 12 viders.’’ The GartnerGroup extrapolated serves as a central communications clearing- physicians, including those in the military, that the costs associated with addressing the house, providing up-to-date information organized medical staff, and medical direc- year 2000 problem for each practice group about the millennium bug, as well as a spe- tors, will need to be actively involved for a 13 will range up to $1.5 million per group. cial interactive section that permits physi- number of reasons. State medical societies REMEDIATION EFFORTS—AMA’S EFFORTS cians to post questions and recommended so- can help take a leadership role in coordi- We believe that through a united effort, lutions for their specific Y2K problems. The nating such assessments. the medical profession in concert with fed- site also incorporates links to other sites We also must stress that medical device eral and state governments can dramatically that provide additional resource information and software manufacturers need to publicly reduce the potential for any adverse effects on the year 2000 problem. disclose year 2000 compliance information re- with the medical community resulting from On a related note, the AMA in early 1996 garding products that are currently in use. the Y2K problem. For its part, the AMA has began forming the National Patient Safety Any delay in communicating this informa- been devoting considerable resources to as- Foundation or ‘‘NPSF.’’ Our goal was to tion may further jeopardize practitioners’ ef- sist physicians and other health care pro- build a proactive initiative to prevent avoid- forts at ensuring compliance. A strategy viders in learning about and correcting the able injuries to patient in the health care needs to be developed to more effectively problem. system. In developing the NPSF, the AMA motivate all manufacturers to promptly pro- For nearly a year, the AMA has been edu- realized that physicians, acting alone, can- vide compliance status reports. Additionally, cating physicians through two of its publica- not always assure complete patient safety. all compliance information should be accu- tions, AMNews and the Journal of the Amer- In fact, the entire community of providers is rate, complete, sufficiently detailed and ican Medical Association (JAMA). AMNews, accountable to our patients, and we all have readily understandable to physicians. We April 27, 1999 CONGRESSIONAL RECORD — SENATE S4231 suggest that the Congress and the federal cant remaining concern is the possibility Mr. WYDEN. I ask unanimous con- government enlist the active participation of that the public will overreact to potential sent to speak for 3 minutes just to the FDA or other government agencies in Y2K-related problems. The pharmaceutical briefly respond to several of the points mandating appropriate reporting procedures industry, for instance, is already antici- made by the Senator from South Caro- for vendors. We highly praise the Depart- pating extensive stockpiling of medications ment of Veterans Affairs, the FDA, and oth- by individuals and health care facilities. In lina. ers who maintain Y2K web sites on medical addition to continuing the remediation ef- The PRESIDING OFFICER. Is there devices and offer other resources, which have forts, part of our challenge remains to reas- objection? already helped physicians to make initial as- sure patients that medical treatment can be Without objection, it is so ordered. sessments about their own equipment. effectively and safely provided through the Mr. WYDEN. Thank you, Mr. Presi- We are aware that the ‘‘Year 2000 Informa- transition into the next millennium. dent. I will be very brief. tion and Readiness Disclosure Act’’ was CONCLUSION I specifically want to talk on this passed and enacted into law last year, and is intended to provide protection against liabil- We appreciate the Committee’s interest in matter with respect to the evidence ity for certain communications regarding addressing the problems posed by the year which would be considered in these Y2K compliance. Although the AMA strongly 2000, and particularly, those problems that suits. The sponsors of the substitute believes that information must be freely relate to physicians. Because of the broad have made it very clear in the Senate shared between manufacturers and con- scope of the millennium problem and physi- that we will strike the clear and con- sumers, we continue to caution against pro- cians’ reliance on information technology, we realize that the medical community has vincing evidence standard. It is an im- viding liability caps to manufacturers in ex- portant point that the Senator from change for the Y2K information they may significant exposure. The Y2K problem will provide, for several reasons. First, as we affect patient care, practice administration, South Carolina has made. have stated, generally vendors alone have and Medicare/Medicaid reimbursement. The What we have indicated is that we the information about whether their prod- AMA, along with the Congress and other or- think it is in the public interest to es- ucts were manufactured to comply with year ganizations, seeks to better educate the sentially use the standard the Senate 2000 data. These manufacturers should dis- health care community about Y2K issues, adopted in the Year 2000 Information close that information to their consumers and assist health care practitioners in rem- and Readiness Disclosure Act which without receiving an undue benefit from a li- edying, or at least reducing the impact of, the problem. The public and private sectors passed overwhelmingly in the Senate. ability cap. So we have something already with a Second, manufacturers are not the only en- must cooperate in these endeavors, while en- tities involved in providing medical device couraging the dissemination of compliance strong level of bipartisan support, and services, nor are they alone at risk if an un- information. it is an indication again that the spon- toward event occurs. When a product goes FOOTNOTES sors of the substitute want to be sym- through the stream of commerce, several 1 ‘‘Doctors Fear Patients Will Suffer Ills of pathetic and address the points being other parties may incur some responsibility the Millennium Bug; Many Are Concerned made by the Senator from South Caro- for the proper functioning of that product, That Y2K Problem Could Erroneously Mix lina. from equipment retailers to equipment Medical Data—Botching Prescriptions and But at the end of the day, this is not maintenance companies. Each of these par- Test Results,’’ Los Angeles Times, Jan. 5, legislation about trial lawyers or cam- ties, including the end-user—the physician— 1999, p. A5. paign finance. And I have not men- will likely retain significant liability expo- 2 Anthes, Gary H., ‘‘Killer Apps; People are sure if the device malfunctions because of a Being Killed and Injured by Software and tioned either of those subjects on the Y2K error. However, none of these parties Embedded Systems,’’ Computerworld, July 7, floor of the Senate. But this is about will typically have had sufficient knowledge 1997. whether or not the Senate is going to about the product to have prevented the Y2K 3 Id. act now, when we have a chance to ad- error, except the device manufacturer. To 4 Morrissey, John, and Weissenstein, Eric, dress this, in a deliberative way, and limit the manufacturer’s liability exposure ‘‘What’s Bugging Providers,’’ Modern produce good Government—something Healthcare, July 13, 1998, p. 14. Also, July 23, under these circumstances flies in the face of which will make sense for consumers sound public policy. 1998 Hearing Statement of Dr. Kenneth W. We also have to build redundancies and Kizer, Undersecretary for Health Depart- and plaintiffs who are wronged and at contingencies into the remediation efforts as ment of Veterans Affairs, before the U.S. the same time ensure that we do not part of the risk management process. Much Senate Special Committee on the Year 2000 have tumult in the marketplace early attention has been focused on the vulner- Technology Problem. next year. ability of medical devices to the Y2K bug, 5 ‘‘Year 2000 Bug Bites Doctors; Glitch Sty- I am very hopeful we can go forward but the problem does not end there. Patient mies Payments for Medicare Work,’’ The with this legislation. injuries can be caused as well by a hospital Times-Picayune, June 6, 1998, page C1. I thank the Presiding Officer for the 6 ‘‘Clinton Says Social Security is Y2K elevator that stops functioning properly. Or opportunity to respond. I yield the the failure of a heating/ventilation/air condi- Ready,’’ Los Angeles Times, December 29, tioning system. Or a power outage. The full 1998, p. A1. See ‘‘Government Agencies Be- floor. panoply of systems that may break down as hind the Curve on Y2K Issue,’’ Business Wire, Mr. HOLLINGS. Mr. President, I ask our perception of the scope of risk expands January 28, 1999 (stating that Computer unanimous consent I may address the may not be as easily delineated as the poten- Week on November 26, 1998 reported only a Senate for 1 minute. tial problems with medical devices. Building 34% Y2K compliance level for the Depart- The PRESIDING OFFICER. Is there in back-up systems as a fail-safe for these ment of Health and Human Services). objection? 7 unknown or more diffuse risks is, therefore, ‘‘Health Care Not Y2K-Ready—Survey Without objection, it is so ordered. Says Companies Underestimate Need For absolutely crucial. Mr. HOLLINGS. Mr. President, I am As a final point, we need to determine a Planning; Big Players Join Forces,’’ Infor- strategy to notify patients in a responsible mation Week, January 11, 1999. reading page 30. The language there— and professional way. If it is determined that 8 GartnerGroup, Kenneth A. Kleinberg, the last 3 lines; 23, 24, and 25—‘‘The de- certain medical devices may have a problem ‘‘Healthcare Worldwide Year 2000 Status,’’ fendant is not liable unless the plain- about which patients need to be notified, July 1998 Conference Presentation, p. 2 (here- tiff establishes that element of the this needs to be anticipated and planned. inafter, GartnerGroup). claim in accordance with the evi- Conversely, to the extent we can reassure pa- 9 Id. at p. 8. 10 dentiary standard required,’’ which is tients that devices are compliant, this Id. 11 the greater weight by the preponder- should be done. Registries for implantable Id. at p. 10. 12 Id. at p. 13. ance of the evidence. That is lined out. devices or diagnosis- or procedure-coding 13 Id databases may exist, for example, which And written—and I understand in could help identify patients who have re- Mr. HOLLINGS. I do not want to mis- Chairman MCCAIN’s handwriting—here, ceived certain kinds of technologies that lead. As I understand, as of this morn- ‘‘by clear and convincing evidence.’’ need to be upgraded and/or replaced or that ing my staff contacted Mr. Emery. And Again on page 31 of the particular are compliant. This information should be they said that the AMA is not openly bill under consideration, on lines 19 utilized as much as possible to help physi- opposing the legislation, but if there is and 20, ‘‘in accordance with the evi- cians identify patients and communicate going to be legislation, they want to be dentiary standard required’’ is lined with them. As we approach the year 2000 and deter- taken care of. They want all the tort out; and inserted in lieu thereof ‘‘by mine those segments of the medical industry things to take care of them, too. clear and convincing evidence.’’ which we are confident will weather the Y2K Mr. WYDEN addressed the Chair. That is why I addressed it that way. problem well, we will all need to reassure the The PRESIDING OFFICER. The Sen- That is what we have before us. public. We need to recognize that a signifi- ator from Oregon. I thank the Chair. S4232 CONGRESSIONAL RECORD — SENATE April 27, 1999 RECESS families and friends of the fallen people I have no alternative. Therefore, I send The PRESIDING OFFICER. Under of Littleton, CO. a cloture motion to the desk. the previous order, the Senate stands I understand that a resolution ad- The PRESIDING OFFICER. The clo- in recess until the hour of 2:15 p.m. dressing this issue will arrive from the ture motion having been presented Thereupon, at 12:43 p.m., the Senate House of Representatives at about 4:30 under rule XXII, the Chair directs the recessed until 2:18 p.m.; whereupon, the today. I expect that many Members clerk to read the motion. Senate reassembled when called to may want to make comments at that The legislative clerk read as follows: time. order by the Presiding Officer (Mr. CLOTURE MOTION The tragic truth is that the angels INHOFE). are now carrying the souls of 13 inno- We, the undersigned Senators, in accord- f ance with the provisions of Rule XXII of the cent people to the everlasting glory of Standing Rules of the Senate, do hereby IN REMEMBRANCE OF THE TRAG- heaven. A resolution alone would never move to bring to a close debate on the pend- EDY IN LITTLETON, COLORADO express the degree of sorrow we feel. ing amendment to Calendar No. 34, S.96, the Certainly all of America has much to Y2K legislation: The PRESIDING OFFICER. Pursuant do to heal our Nation and to rid our- Senators Trent Lott, John McCain, Rick to a unanimous-consent request, the selves of hate and vengeance. Santorum, Spence Abraham, Judd Chaplain is recognized for a special Until that resolution is pending, and Gregg, Pat Roberts, Wayne Allard, Rod prayer. in order to observe, acknowledge, and Grams, Jon Kyl, Larry Craig, Bob Smith, Craig Thomas, Paul Coverdell, The Chaplain, Dr. Lloyd John honor a moment of silence called for Ogilvie, offered the following prayer: Pete Domenici, Don Nickles, and Phil throughout the State of Colorado, I Gramm. Let us pray together. now ask that the Senate observe a mo- Mr. LOTT. Mr. President, I know O Gracious God, our hearts break ment of silent prayer for 2 minutes. over what breaks Your heart, and we The PRESIDING OFFICER. The Sen- there is a sincere effort underway on join our hearts with the broken hearts ate will now observe a moment of si- both sides of the aisle to work out an of the families and friends of the teen- lence. agreement on this Y2K legislation. I agers and the teacher who were killed [Period of silence.] know that will continue. But we need in the tragic shooting by two students Mr. LOTT addressed the Chair. to make progress, or have the oppor- at the Columbine High School in The PRESIDING OFFICER. The ma- tunity for a cloture vote in the mean- Littleton, CO. jority leader is recognized. time, or, in case that doesn’t work out, We have been shocked by this sense- Mr. LOTT. Mr. President, I know you always have the option, if we get less expression of rage and hatred in that a number of Senators do wish to everything worked out, to vitiate the the twisted and tormented minds of express their concern, sympathy, and cloture vote, or we could move to a these young men. Comfort the parents great regret with regard to the inci- conclusion earlier. If we can get an who lost their children, both as victims dent for which we are all so very sorry, agreement worked out and conclusion and perpetrators. Help us all to deal and suffering. As Senators ALLARD and on Wednesday, that would be ideal. with the deeper issues of the need for CAMPBELL said, I think we can save But, barring that, a cloture vote will moral renewal in our culture. that until we have the resolution up occur on Thursday. As soon as the time O God, bless the children of our land. later this afternoon when Senators will for the vote has been determined, after May we communicate to them Your have the opportunity to speak on this consultation with the Democratic lead- love and Your righteousness so that matter. I will be speaking with Senator er, all Senators will be notified. they have a rudder for the turbulent DASCHLE and we will be talking about CALL OF THE ROLL waters of our time and are able to an appropriate way for the Senate to In the meantime, I ask unanimous present them with the charts to make consider this matter for a reasonable consent that the mandatory quorum it through these difficult waters. period of time. under rule XXII be waived. O Gracious God, help us to commu- Mr. President, I suggest the absence The PRESIDING OFFICER. Without nicate Your commandments and help of a quorum. objection, it is so ordered. them to know the joy of living in faith- The PRESIDING OFFICER. The AMENDMENT NO. 268 TO AMENDMENT NO. 267 fulness with You. In our quest to sepa- clerk will call the roll. rate church and State, there are times The legislative clerk proceeded to (Purpose: To regulate interstate commerce when we have divided God from our by making provision for dealing with call the roll. losses arising from the year 2000 problem, culture. Now when there is nowhere Mr. LOTT. Mr. President, I ask unan- related failures that may disrupt commu- else to turn, we return to You. imous consent that the order for the nications, intermodal transportation, and O dear God, heal our land. In Your quorum call be rescinded. other matters affecting interstate com- holy name. Amen. The PRESIDING OFFICER. Without merce) The PRESIDING OFFICER. The Sen- objection, it is so ordered. Mr. LOTT. I send a first-degree ator from Colorado is recognized. f amendment to the pending amendment Mr. ALLARD. Mr. President, I under- Y2K ACT to the desk. stand the leadership accommodated The PRESIDING OFFICER. The Senator CAMPBELL’s and my request to The Senate continued with the con- clerk will report. sideration of the bill. observe a moment of silence out of re- The legislative clerk read as follows: spect for the victims of the tragic Mr. LOTT. Mr. President, I ask unan- shooting at Columbine High School in imous consent that all remaining The Senator from Mississippi (Mr. LOTT) amendments in order to S. 96 be rel- proposes an amendment numbered 268 to Littleton, CO. amendment No. 267. I also understand that later today evant to the pending MCCAIN amend- the Senate will consider a resolution ment. Mr. LOTT. Mr. President, I ask unan- expressing sorrow and offering condo- The PRESIDING OFFICER. Is there imous consent that reading of the lences to the families and friends and objection? amendment be dispensed with. students, all of Littleton, CO. I will ad- Mr. HOLLINGS. I object. The PRESIDING OFFICER. Without dress the Senate in greater detail at The PRESIDING OFFICER. Objec- objection, it is so ordered. that time. tion is heard. (The text of the amendment is print- In the meantime, I yield the floor to CLOTURE MOTION ed in today’s RECORD under ‘‘Amend- my senior colleague in order for him to Mr. LOTT. Mr. President, I regret ments Submitted.’’) request a moment of silence. having to file a cloture motion. I hoped Mr. LOTT. Mr. President, I ask for Mr. CAMPBELL. Mr. President, I we would not have to do that, that we the yeas and nays. thank my colleague. I, too, thank the could get an agreement on how to pro- The PRESIDING OFFICER. Is there a leadership for affording the Senate an ceed, and that the amendments would sufficient second? opportunity to express our profound be relevant. But since we have not been There is a sufficient second. sorrow and to offer condolences to the able to, with the objection just heard, The yeas and nays were ordered. April 27, 1999 CONGRESSIONAL RECORD — SENATE S4233 AMENDMENT NO. 269 TO AMENDMENT NO. 268 (The text of the amendment is print- and other measures, as well, within a (Purpose: To regulate interstate commerce ed in today’s RECORD under ‘‘Amend- period of 2 weeks? Measures that could by making provision for dealing with ments Submitted.’’) help and assist parents, families and losses arising from the year 2000 problem, Mr. LOTT. Mr. President, if I could schools. Measures that are balanced related failures that may disrupt commu- make a couple of observations with re- and permit Members to reach across nications, intermodal transportation, and gard to the schedule, I know Members the aisle to try and work out bipar- other matters affecting interstate com- merce) are interested in a variety of very im- tisan approaches? Could the majority Mr. LOTT. Mr. President, I send a portant issues they wish to be heard leader indicate now whether we will second-degree amendment to the pend- on. I have to be sympathetic to those have that opportunity and give assur- ing first-degree amendment to the requests. We don’t have it worked out ance to the American people that the desk. yet. subject matter which is No. 1 in the But I am discussing with Senator The PRESIDING OFFICER. The minds of all families and children DASCHLE the possibility of having some clerk will report. across this country—at least we will The legislative clerk read as follows: measure on the floor of the Senate have the opportunity in the U.S. Sen- later on this week which would be an ate to debate some proposals and to The Senator from Mississippi (Mr. LOTT) opportunity for further discussion and proposes an amendment numbered 269 to reach resolutions of those. amendment No. 268. perhaps votes with regard to the Mr. LOTT. Mr. President, in response Kosovo matter. We wish it to be a bi- to the Senator’s question, I think it is Mr. LOTT. Mr. President, I ask unan- partisan resolution that allows Sen- always incumbent upon the leadership imous consent that reading of the ators to state their position and to to make sure we proceed in an appro- amendment be dispensed with. allow the Senate to take a vote on ex- priate way and that Senators have an The PRESIDING OFFICER. Without actly how they wish to proceed at this opportunity to express their views and objection, it is so ordered. point with regard to Kosovo. We will offer amendments on issues of policy. I (The text of the amendment is print- have to work through that. Hopefully, think we are doing that. We have ap- ed in today’s RECORD under ‘‘Amend- we can take it up Thursday and com- propriately had a moment of silence ments Submitted.’’) plete it Thursday night, or Friday, or and a prayer for the children and the AMENDMENT NO. 270 TO AMENDMENT NO. 267 later, if the Senators so desire. families, and for our country. We are (Purpose: To regulate interstate commerce On another matter, I know there are going to have a resolution this after- by making provision for dealing with Senators who have a real desire to say noon officially expressing our regret losses arising from the year 2000 problem, related failures that may disrupt commu- something and have a policy discussion and sympathy. nications, intermodal transportation, and about what has happened in Colorado. I I have asked that we have a brief pe- other matters affecting interstate com- ask my colleagues, let’s give this a mo- riod of mourning where we don’t rush merce) ment. Let’s allow a period of mourning to judgment before we start flinging Mr. LOTT. Mr. President, I send a and grief. Let’s allow these families to amendments at each other. I men- first-degree amendment to the lan- bury their children. Let’s all wait to tioned the idea to Senator DASCHLE guage proposed to be stricken. see more about what happened and ask moments ago in which I said that 2 The PRESIDING OFFICER. The not only what but why. weeks from today we will look at clerk will report. Then 2 weeks from today, if the Sen- bringing up a particular piece of legis- The legislative clerk read as follows: ate thinks well of it, we will look for a lation. I don’t want to say it will be ex- The Senator from Mississippi (Mr. LOTT) vehicle—and we have one in mind, per- actly that day or exactly that piece of proposes an amendment numbered 270 to haps a juvenile justice bill—that we legislation because Senator DASCHLE amendment No. 267. could take up, and the Senate would needs to confer with a lot of Members Mr. LOTT. Mr. President, I ask unan- then have an opportunity for debate, on that side. imous consent that reading of the have amendments, and have votes. However, it is my intent, that 2 amendment be dispensed with. I think we need a period of time to weeks from today we give Senators an The PRESIDING OFFICER. Without think this through and allow our coun- opportunity to offer amendments, objection, it is so ordered. try, collectively, to have a period of thoughts and policy issues they wish to (The text of the amendment is print- mourning and then see if there is some- have addressed. I think the timing ed in today’s RECORD under ‘‘Amend- thing we can do. I don’t think the an- would be appropriate and I think that ments Submitted.’’) swer is here. I think the answer is out the issue or the issues are appropriate Mr. LOTT. Mr. President, I ask for across America. for Members to debate and vote on. the yeas and nays. I wanted the Senators to know I rec- Mr. KENNEDY. If the Senator will The PRESIDING OFFICER. Is there a ognize their desires and I am trying to yield for a moment, with those assur- sufficient second? find a way to accommodate those de- ances, I have worked with a number of There is a sufficient second. sires. I ask, also, that we must con- our colleagues—they may have dif- The yeas and nays were ordered. tinue to work on Y2K and find a way to fering views—and I think the assur- AMENDMENT NO. 271 TO AMENDMENT NO. 270 complete it without getting into a ances of the majority leader that the Senate would have an opportunity to (Purpose: To regulate interstate commerce myriad of subsidiary issues and com- by making provision for dealing with plete our work by Wednesday. debate legislation with regard to the losses arising from the year 2000 problem, Mr. KENNEDY. Will the Senator limitations on weapons and also sup- related failures that may disrupt commu- yield? port and assistance for families and nications, intermodal transportation, and Mr. LOTT. Mr. President, I am happy schools, and that we will have debate other matters affecting interstate com- to yield to the Senator. and resolution of some of those meas- merce) Mr. KENNEDY. Mr. President, I ures, then, I think at least I will look Mr. LOTT. I send a second-degree heard the majority leader. There are forward to that opportunity. amendment to the language proposed many Members who, obviously, agree I think with the assurance of the ma- to be stricken. with the majority leader and share the jority leader—I know the Senate The PRESIDING OFFICER. The sentiments expressed here on the floor Democratic leader wanted to talk to clerk will report. of the Senate a few moments ago in the colleagues—it is my certain belief the The legislative clerk read as follows: moments of silence, and the very su- Democratic leader would support the The Senator from Mississippi (Mr. LOTT) perb prayer of the chaplain in reaching majority leader in that undertaking. I proposes an amendment numbered 271 to out to those families. However, there think the message will go out this Amendment No. 270. are Members who want to at least con- afternoon to families across the coun- Mr. LOTT. Mr. President, I ask unan- sider some legislation dealing with re- try that the Senate of the United imous consent that reading of the sponsibility in the area of firearms. States—hopefully, in a bipartisan amendment be dispensed with. Is the leader now indicating to Mem- way—will give focus and attention to The PRESIDING OFFICER. Without bers he will give us the opportunity to different ideas, recommendations and objection, it is so ordered. have some debate on those measures, suggestions of Members of this body, S4234 CONGRESSIONAL RECORD — SENATE April 27, 1999 and hopefully from others, to try to see quickly as possible and get this issue this debate, I have listened, and I what we can do not only about the resolved as quickly as possible. watched our society. It is not a rush to problems of the schools but the inner I yield the floor. judgment. It is a judgment that I had a cities and other communities affected The PRESIDING OFFICER. The Sen- misgiving about over many years wait- by guns, as well. ator from South Carolina. ing on the States to respond. Mr. LOTT. I yield the floor. Mr. HOLLINGS. Mr. President, I was I put at the desk the Chafee amend- The PRESIDING OFFICER. The Sen- compelled momentarily to object to ment relative to handgun control. I ator from Arizona. the request of our distinguished leader will be prepared later on, if we are al- Mr. MCCAIN. Mr. President, I thank that the amendments be germane. I lowed and we get into the debate, to the distinguished chair. think a word is in order to understand bring that up, because I think it is very First, I thank Senator LOTT and Sen- my objection. timely. It is not a rush to judgment. It ator DASCHLE for their commitment to What happens is, No. 1, we have tried is far more important to our society. try to work out a resolution, a LOTT- our dead-level best to compromise and According to Computerworld, accord- DASCHLE amendment on the Kosovo move this particular piece of legisla- ing to the Oregonian, according to the issue. I have been saying, as have many tion along. My Intel friends wrote us a New York Times, according to the wit- others, that we as U.S. Senators, indi- letter to the effect that there were four nesses, it is far more important than vidually and as a body, have a duty to demands. I contacted Mr. Grove by Y2K which may occur 7 or 8 months be on record on this issue. Those who phone and told him that of the four, I from now. Come; come. oppose our involvement, I believe, could agree to the waiting time period, We know good and well that every- should be on record in that fashion as to the materiality and the specificity, body is getting ready. We have, in a bi- well as those who are in favor. but the joint and several went to the partisan fashion, set aside the anti- I think it is well-known by most ob- heart of tort law and trials and I could trust restrictions so that they could servers of the U.S. Senate that the 1991 not agree to that. collaborate. debate that took place in this Chamber My understanding is and I am willing We have positive evidence of a young on the Persian Gulf war resolution was to fill out the record on this, our doctor in New Jersey who in 1996 one of the more enlightened and, frank- Chamber of Commerce friend, Tom bought a computer, and the salesman ly, sterling moments of this Senate. It Donohue and NAM downtown, Victor bragged how it can last for more than was a very close vote, 53–47. I remem- Schwartz, have been working this 10 years, that it was Y2K compliant. He ber it very well. At that time, Senators thing for years. When we are asked gave references. By happenstance, they on both sides of the aisle and both sides about germane amendments, I think of did go to one of the references and of this United States were heard. They the opportunity that I have in this per- found out it was not Y2K compliant. were on record and the U.S. Senate was ilous position, so to speak, with respect The young doctor then said: I need to on record, as well. to the legislation. get this thing modified and made com- I point out that immediately fol- Realizing that they are willing to pliant. The company that sold it to lowing that very close vote there was a amend the Constitution, article VII, him said: Gladly, for $25,000. The main unanimous vote in support of the men taking away a trial by jury, and they instrument itself was only $13,000. and women in the military who were are willing to amend article X of the What did he do? He wrote a letter and conducting that conflict. rights of the States with respect to asked, and then he asked the second I thank Senator LOTT and Senator tort law, then I thought maybe at the time. Months passed. He finally went DASCHLE. I am pleased to work out the moment it would be good to amend ar- to a lawyer. People do not like to go to details of this resolution. I know it is a ticle II with respect to the bearing of lawyers and get involved in court. I very, very contentious and difficult arms. hear all about frivolous lawsuits, frivo- issue that we will be debating. I have Yes, Mr. President, I do have an lous, frivolous. Nobody has time for heard allegations that some Senators amendment, and it is at the desk. It is frivolous lawsuits. The real lawyer don’t wish to risk a vote on this issue. very germane to our interest in real does not get paid unless he gets a re- I don’t believe that is the case. If it things. We are not really concerned at sult. were the case, we have young men and this minute, because the system is Finally, he did get a lawyer, and the women right now who are risking their working. According to Business Week, lawyer was smart enough to put it on lives. It is incumbent upon us as a body according to the testimony, according the Internet. The next thing you know, to act. to the evidence, according to the edi- there were 17,000 doctors in a similar Second, I say to my friend from torials, our tort system is working to situation with the same company, and South Carolina, I am sorry that we protect doctors, small business folks they finally reached a settlement and have to go through the filling up of the and everyone else. What is not working got it replaced and made compliant— tree and filing a cloture motion on this in Colorado is this inordinate number free. That was all that was necessary. bill. I prefer the normal amending of pistols and firearms in our society. The system is working now. There process. I came to the Senate as a strong- have been 44 cases. Over half of them I believe the pending legislation is headed States righter and still try my have been thrown out as frivolous; half the Y2K substitute. What is the pend- best to follow that principle because I of the remaining cases have been set- ing business before the Senate? believe in it very, very strongly. How- tled. There are only eight or nine pend- The PRESIDING OFFICER. The ever, I have had to yield with respect ing Y2K cases. The problem is real. You pending business is amendment No. 271, to that particular position when it do not have to wait if you are going to a second-degree amendment offered by came to the Saturday night specials. have those supplies. It is like an auto- the majority leader. We had the FBI come with that. The mobile dealer faced every year with a Mr. MCCAIN. Mr. President, if there States could not control that. We had new model and has to get rid of the old. is an amendment that is germane that the matter of assault weapons, and the You will find some of the various en- the Senator from South Carolina or States could not control that. tities will come around and offload and anyone else would like to bring up, I Then watching over the years, the misrepresent. That is why we have the believe we could by unanimous consent States’ response, instead of going in tort system at the State level, and that vacate the final amendment of the ma- the direction of control, they actually is why it works, and that is why we jority leader so that we can debate and are in the direction of running around have this wonderful economic boom. vote on that amendment. with concealed weapons. All the States There is a conspiracy. They call it a The purpose of filling up the tree now are going in that direction. That is bunch of associations that have en- was, clearly, to prevent nongermane why the NRA, the National Rifle Asso- dorsed the legislation. They have come amendments from clogging up this ciation, was ready to meet in Denver around now and said this is a wonderful process. last week. I figured we ought to bring opportunity, we can just ask them for I say to my friend from South Caro- this up for immediate discussion. tort reform, and here it is going to save lina, I think we should debate amend- Rush to judgment? No; no. I have them from lawyers and frivolous law- ments. We should move forward as been there 33 years. I have watched suits. April 27, 1999 CONGRESSIONAL RECORD — SENATE S4235 If I was an innocent doctor in regular a rush to it. It has been learned over once, as well as law enforcement, as practice with no time to study and pay the many, many years, looking at the well as instruction. So we included, attention to these matters, I would experience of other countries, looking after the advice from hearings, that we say, ‘‘Sure, put me on, that sounds at the need in our society, having lis- put in counseling; and we got a meas- good to me. I am having troubles tened to the witnesses, the Attorney ure. It is on the statute books. It ought enough now with Medicare and HCFA General saying this would pass con- to be embellished and enlarged. and all of these rules and regulations stitutional muster with respect to the These are the kinds of things we made ex post facto about charges for freedom of speech. I wanted to bring ought to be talking about this after- my particular treatments.’’ that up. That amendment sat at the noon rather than this bum’s rush about That is why it all builds and it mush- desk. That is important, far more im- a crisis that is going to happen 7 rooms on the floor of the Senate. The portant than Y2K. months from now. Come on. Here it is Senator from South Carolina has been And otherwise we have hard experi- happening right underneath us and all in the vineyards now 20 years on this ences. We Senators do get home from we do is pray. We are the board of di- one issue relative to trial lawyers and time to time, and we do politic. And it rectors of corporate United States of tort reform. He can see it like pornog- was about 4 years ago when I got back America, and we are flunking our par- raphy. You understand it and know it to Richland County where I met my ticular duties; we cannot pay any bills. when you see it, and I see this. friend, the sheriff, Senator Leon Lott. We talked all last week—and it is I was constrained on yesterday to not And he said, I want to show you a still on the calendar right now, and only put up the Chafee amendment rel- school out here that was the most vio- regular order—of saving 100 percent of ative to gun control, but more particu- lent, was infested with drugs and trou- Social Security, a lockbox. Then I larly, Mr. President, with respect to ble and everything else of that kind. heard instead the distinguished leader the violence in the schools. I know one He said, Senator, I took one of your say, oh, no. He said, this money we are of the causes. I have been fighting in cops on the beat. I put him in the class- going to add on to the President’s re- that vineyard all during the nineties. room, in uniform, teaching classes, quest for Kosovo—another $6 billion. We have had hearings on TV violence, law, respect for the law, the penalties When asked, where is it going to come and we have had study after study after in driving for young folks coming from, he said, from Social Security. study. They put us off again and again along, the penalties, and why the con- The truth of the matter is, they say with another study. So in the Congress trols in relation to respect and the se- that is the only surplus, but it is not. before last, we reported it out of com- vere penalties relative to drugs, so Social Security is $720 billion shy. And mittee 19 to 1 on barring gratuitous vi- they would understand. with the estimation—and I have it by olence in these shows, excessive gratu- Now, that was in the classroom. He the Congressional Budget Office—at itous violence. was not in the parking lot waiting for the end of September this year we will When you run a Civil War series, nec- somebody to steal a car. Rather, he owe—not surplus—Social Security $837 essarily you are going to have to have was teaching respect for the law. And billion, because what we have been violent films and shots made and then, in the afternoon, this particular doing is we have been paying down the scenes that will appeal. But we got into officer was associated with the athletic debt. It is like taking two credit cards, the excessive gratuitous violence that activities, and in the evening with the having a Visa card and MasterCard, they control in Europe, down in New civic activities. He became a role and saying, ‘‘I’ll pay off my Zealand and Australia. They use the model. MasterCard with the Visa card. It one example, of course, in Scotland I say this advisedly because I think looks pretty good for the MasterCard where they had the poor fellow who about that poor security officer who debt—the public debt—but it increases was estranged and insane come in and did not know from ‘‘sic em’’ out there the Visa debt over here—it increases in the Columbine school in Colorado. shoot up the little children. But they the Social Security debt. So it has. Here they could unload pipe bombs, all don’t have this happening in Arkansas And we owe Social Security $837 bil- kinds of pistols, all kinds of this, that, like it did or happening in Kentucky lion. The $137 billion in excess of what and everything else, like that going on like it did. is required to be paid out this par- You can see this occurring over the the Internet, running down the halls in ticular year is not surplus. years. Monkey see, monkey do—young- trench coats, butt everybody out of the Under the law, 13301 of the Budget sters emulate and they see more than way, and everything else. They were Act, it should go in reserve for Social anything else, not excessive gratuitous surprised by what happened. Security for the baby boomers, but we violence, but no cost, no result, no in- So, yes, I have an amendment at the are all talking about; oh, the Presi- jury to the violence. Seemingly, it hap- desk relative to our safe schools safety dent; oh, the Congress; no, the Con- pens and you move right on. They be- initiative because Senator GREGG, the gress; no, the President. Nobody wants come hardened. Then they go to the chairman of our Subcommittee on to get a plan to save Social Security; computer games shooting each other. State, Justice and Commerce—we put and all the time we are stealing, we are I called that bill up the Congress be- $160 million in the appropriations bill looting the fund. It is a shame. It is a fore last. We got it reported to the last year, and it is being used and em- show. It is a spin. It is the message floor. I went to my friend, Senator ployed with tremendous success all nonsense that you have up here in the Dole, who was running for President. over the country. Senate. He just returned from the west coast, The emphasis should be not as I So let’s get real now and let’s get and he had given the producers a fit. heard on TV last night, where they said these issues out. Let’s talk about hand- He said, ‘‘You have to act more respon- this law enforcement officer would be guns. Let’s talk about Kosovo. Let’s sibly.’’ directly connected with law enforce- talk about TV violence. We have some I said, ‘‘Bob, why don’t I step aside ment; I want him connected with the real problems. Let’s talk about paying and you offer the bill and let it just be students. I want him to become a role the bill, and not any ‘‘Mickey Mouse’’ the Dole-Hollings bill? It is out here model. I want him to understand and of one day it is going to be a lockbox and reported. You put up one. You are know the students and know the teach- and no one can get to it and 48 hours the leader, and we can get a vote on ers. And the teachers know when they later saying, no, no, I’m going to use that right quick.’’ have a troublemaker, or whatever it that lockbox for a $12 billion payment We got a 19-to-1 vote in the com- is—a poor lad maybe does not have a on Kosovo. We have to get honest with mittee. I never did get a response. So I mama or does not have a daddy, he is the American people. put it in again, and in the last Con- totally lost, so he brings about all I yield the floor. gress it was reported out 20 to 1. But I kinds of extreme activity to get rec- Mr. WYDEN addressed the Chair. cannot get the distinguished leader ognition. The PRESIDING OFFICER (Mr. who wants to be oh so reasonable and But that officer can work. And we CRAPO). The Senator from Oregon. everybody working together, and let’s also added in counseling. I cannot have Mr. WYDEN. I thank the Chair. don’t rush to judgment on TV vio- him do all the counseling and all the I have been here many fewer years lence—I have a judgment, and it is not role modeling and everything else at than the Senator from South Carolina, S4236 CONGRESSIONAL RECORD — SENATE April 27, 1999 but I can tell you, just listening to him this legislation specifically says that time—will allow plaintiffs with real griev- over the last few minutes, I sure agree joint and several liability will, in fact, ances to obtain relief under the law, while with what he has to say about Social apply if you have egregious or fraudu- protecting the judicial system from a flood Security, I sure agree with what he has lent conduct on the part of the defend- of suits that have no objective other than the obtainment of high-dollar settlements to say about school violence and the ant. And, second, it will apply if you for speculative or de minimus injuries. Im- connections that are so important in have an insolvent defendant so there portantly, it does not apply to cases that the community between law enforce- will be an opportunity for the plaintiff arise out of personal injury. ment, counselors, and the students. I to be made whole. We also make At Intel, we are devoting considerable re- could go on and on. I have supported changes relating to directors and offi- sources to Y2K remediation. Our efforts are him on many of those issues in the past cers to ensure that they have to be focused not only on our internal systems, and am planning to do so in the future. held accountable. but also those of our suppliers, both domes- But I did want to take the floor for As to the evidentiary standard, the tic and foreign. Moreover, we have taken ad- vantage of the important protections for dis- just a moment and address a couple of sponsors of this legislation have made closure of product information that Congress the points that were made with respect it clear that they want to work with enacted last year to ensure that our cus- to the Y2K issue specifically. Senator HOLLINGS and others who have tomers are fully informed as to issues that I am very hopeful that we can still questions about this standard to may be present with legacy products. What see the Senate come together on a bi- change it. What we wish to do is make is true for Intel is true for all companies: partisan basis to deal with this issue. it comply with the earlier legislation time and resources must be devoted as much The fact of the matter is that the year we overwhelmingly passed on Y2K. as possible to fixing the Y2K problem and 2000 problem is essentially not even a There have been a number of com- not pointing fingers of blame. design flaw. It is a problem because a ments made today about the Intel Cor- For these reasons, we urge you to vote in favor of responsible legislation that will pro- number of years ago, to get more space poration and their views. I ask unani- tect legitimately aggrieved parties while on a disc and in memory, the precision mous consent that a letter from the providing a stable, uniform legal playing of century indicators was abandoned. CEO of the Intel Corporation be printed field within which these matters can be han- And it is hard for all of us today to be- in the RECORD. dled by state and federal courts with fairness lieve that disc and memory space used There being no objection, the letter and efficiency. to be at a premium, but it was back was ordered to be printed in the Sincerely, then, and that is why we have this RECORD, as follows: CRAIG R. BARRETT, CEO, Intel Corporation. problem today. INTEL CORPORATION, So what a number of us in the Senate Santa Clara, CA, April 19, 1999. Mr. WYDEN. I thank the Chair. want is to do everything we possibly Re Y2000 legislation. The key sentence is, the Senate is ex- can to ensure companies comply with Hon. RON WYDEN, pected to vote upon a bipartisan text the standards that are necessary to be U.S. Senate, for S. 96, the Y2K Act, which we will fair in the marketplace, but also to Washington, DC. strongly support. There is no question provide a safety net if we see problems DEAR SENATOR WYDEN: I write to ask for about the position of the company on your help in enacting legislation designed to develop and particularly frivolous, this legislation. provide guidance to our state and federal Finally, we have made nine major nonmeritorious suits. courts in managing litigation that may arise Now, with respect to a couple of the out of the transition to Year 2000-compliant changes in this legislation since it points that have been made on the computer hardware and software systems. passed the committee. I voted against record, this notion that the sponsors, This week, the Senate is expected to vote it in the committee because I thought particularly Senator MCCAIN and I, are upon a bipartisan substitute text for S. 96, Senator HOLLINGS was absolutely trying to rewrite tort law for all time the ‘‘Y2K Act’’, which we strongly support. right—that the legislation at that time is simply not borne out by the lan- Parties who are economically damaged by was not fair to consumers and to plain- a Year 2000 failure must have the ability to tiffs. But as a result of the changes guage of this bill. This is a bill which seek redress where traditional legal prin- is going to sunset in 2003. It is not a set ciples would provide a remedy for such in- that were made, I believed it was ap- of legal changes for all time. It is an ef- jury. At the same time, it is vital that lim- propriate to try to come up with an ap- fort to deal in a short period of time ited resources be devoted as much as possible proach that was fair to consumers and with what we think are potentially to fixing the problems, not litigating. Our to plaintiffs as well as the small com- very serious problems. legal system must encourage parties to en- panies involved. In fact, the American Bar Associa- gage in cooperative remediation efforts be- There are other negotiations that are tion—this is not a group of people who fore taking complaints to the courts, which still going forward. Senator DODD, for could be overwhelmed by Year 2000 lawsuits. example, who is the leader on our side are against lawyers, but the American The consensus text that has evolved from Bar Association itself has said this continuing, bipartisan discussions would on the Y2K issue, has a number of good could affect billions and billions of dol- substantially encourage cooperative action and practical suggestions. Senator lars in our economy. So this bill will and discourage frivolous lawsuits. Included KERRY has some thoughtful ideas on last for a short period of time. It in its provisions are several key measures this as well. doesn’t apply to personal injuries, that are essential to ensure fair treatment of I am very hopeful that we can resolve whatever. If a person, for example, is all parties under the law: the procedural quagmire on this issue injured as a result of an elevator fall- Procedural incentives—such as a require- and quickly get to a vote, up or down. ment of notice and an opportunity to cure Then as a result of the very useful dis- ing because the computer system broke defects before suit is filed, and encourage- down and is tragically injured or ment for engaging in alternative dispute res- cussion that we had between the ma- killed, all of the legal remedies in tort olution—that will lead parties to identify so- jority leader, Mr. LOTT, and Senator law remain. lutions before pursuing grievances in court; KENNEDY and others, we can move on This is a bill that essentially in- A requirement that courts respect the pro- to the juvenile justice issue. Because I volves contractual rights of businesses. visions of contracts—particularly important can assure you, as a result of what we We respect those rights first, and only in preserving agreements of the parties on saw in Springfield, OR, last year, we when the marketplace breaks down such matters as warranty obligations and wish to have some positive contribu- definition of recoverable damages; would this law apply. Threshold pleading provisions requiring tions on that. We have heard a number of com- particularity as to the nature, amount, and Senator GORDON SMITH and I have a ments in the last few hours that this factual basis for damages and materiality of bipartisan bill which has already legislation throws out the window the defects, that will help constrain class action passed the Senate once. I am hopeful principle of joint and several liability, suits brought on behalf of parties that have we can deal with this Y2K issue expedi- a legal doctrine that I, following the suffered no significant injury; tiously and then go on to the topic that lead of the Senator from South Caro- Apportionment of liability according to millions of Americans, just as Senator fault, on principles approved by the Senate lina, have supported in many in- in two previous measures enacted in the area HOLLINGS has said this afternoon, are stances, particularly when it relates to of securities reform. talking about and want to see the Sen- vulnerable individuals who might be This legislation—which will apply only to ate respond to. the victim of personal injuries. But Y2K suits, and only for a limited period of Mr. President, I yield the floor. April 27, 1999 CONGRESSIONAL RECORD — SENATE S4237 Mr. SESSIONS. Mr. President, I am dreds, even thousands of asbestos law- What we really want is the computer pleased to rise and make some com- suits. companies to get in there with the ments about the Y2K legislation de- I say to the Senate, we are facing a businesses that are relying on the com- signed to make sure that we spend our crisis. puters and try to fix the problem at the time and effort fixing this problem and These are some of the comments at lowest possible cost. not suing one another. the recent ABA, American Bar Associa- Now, we had one witness who didn’t I really believe in the legal system. I tion, convention in Toronto last Au- favor this in the Judiciary Committee. had served as a lawyer my entire adult gust. A panel of experts predicted that The Judiciary Committee voted out a life, until 2 years ago, when I joined the legal costs associated with the Y2K bill very similar to Senator MCCAIN’s this Senate. I served as attorney gen- would exceed that of asbestos, breast bill. I am pleased to support his bill, as eral of Alabama. I was in private prac- implants, tobacco, and Superfund liti- well as the one in the Judiciary Com- tice 12 years as U.S. attorney for the gation combined. By the way, with re- mittee. But this company that filed a southern district of Alabama. During gard to these asbestos companies, even lawsuit and received a substantial ver- that time, I was involved in a lot of im- with regard to big companies, there are dict was not in favor of the legislation, portant legal issues. limits to how much they can pay. he said. I asked him how long it took I respect the law. I believe in our Every single asbestos company in to get his case over. He said 2 years. It Constitution and our legal system. I America that is still in business is in took him 2 years to get the case to a have been to China, and I have heard bankruptcy. Every asbestos company conclusion. the people in China say that what they still in business is in bankruptcy. Now, we are going to have hundreds of thousands of lawsuits in every coun- need most of all right now for a modern These are tremendous costs. ty in America, every Federal court, economy is a good legal system. What this American Bar Association I have been to Russia. I have heard study showed was that the cost of this clogged up with these kinds of cases, and it will take years to get to a con- the people in Russia talk about their litigation would exceed asbestos, clusion, and that is not a healthy cir- need for an honest, fair, and efficient breast implants, a huge amount of liti- cumstance for America. I really mean legal system. gation, tobacco, and Superfund com- that. That is not good for us, if we care We have a great legal system. We cer- bined. They note that this is more than about the American economy. So we tainly ought not, as the Senator from three times the total annual estimated need to do that. We need to get com- South Carolina suggests, have a rush cost of all civil litigation in the United pensation to people who suffer losses to judgment. But the problems that States. We have too much litigation now. promptly, with the least possible over- have occurred over a period of years in- Seminars on how to try a Y2K case— head, the least possible need to pay at- volving excess litigation are not new. these are lawyers’ seminars, trying to torney fees, the least possible need to It has been occurring for a number of teach each other how to file them—are have expert witnesses and prolonged years, and it calls on us to think objec- well underway. Approximately 500 law times to get to it. We need to get it tively and fairly as to how we are going firms across the country have put to- promptly and effectively, and we need to handle disputes. gether Y2K litigation teams to cap- to make sure that people who have This piece of legislation involves, as italize on the event. They can’t wait. been fraudulent and irresponsible can the Senator from Oregon just noted, Also, several lawsuits have already be sued and can be taken to court and one problem, a Y2K computer problem. been filed, making trial attorneys con- taken to trial. That will happen in this It will terminate itself when that prob- fident that a large number of busi- case. lem is over. But most of all, it is a nesses, big and small, will end up in Now, some have suggested that we commonsense and reasonable way for court as both plaintiffs and defendants. are violating the Constitution if we do us to get through this problem without They are going to be suing because that. Well, that is not so. We believe in damaging our economy. something went wrong with their com- litigation and in being able to get re- Let me share this story. These num- puter, and the people they sold the dress in court. This law would provide bers that I am about to give were pro- computer to, or are doing business for that. Historically, the U.S. Senate duced during a hearing at the Judici- with, are going to be suing them for and the State legislatures, every day, ary Committee not too long ago. We problems arising from the computers. set standards for lawsuits. They set the had some inquiry about the litigation We are going to be spending more bases of liability. They say how long it involving asbestos and people at ship- money on litigation than on fixing the takes before you can file a lawsuit. yards, and so forth, who breathe asbes- problem. This report indicates this liti- Sometimes the statute of limitations tos and had their health adversely af- gation problem ‘‘would reduce invest- is 2 years, sometimes it is 1 year, some- fected. ment and slow income growth for times it is 6 years. Legislatures set What we learned was that over 200,000 American workers. Indeed, innovation standards for litigation. That is what cases had been filed, many of them tak- and economic growth would be stifled they do. We are a legislative body and ing years to reach conclusion. Two by the rapacity of strident litigators.’’ we have a right and an obligation to hundred thousand more were pending, Well, I would say it is not a matter of consider what is best for America in and it was expected that another whether there is a problem. There have the face of this unique crisis and to 200,000 would be filed out of that tragic been estimates of $1 trillion in legal deal with it effectively. problem. costs for this thing. I think we do have Let me ask, if we don’t have such a What we also found was, when we a problem. law as this, what will happen? Well, I made inquiry, we asked how much of What is needed? I think this legisla- submit that there will be thousands of the money actually paid by those de- tion goes a long way in meeting what lawsuits filed. You may file it in one fendant corporations got to the victims is needed. What is needed is to spend court and maybe they don’t have many of asbestos. I am a person who believes our time and effort fixing the problem cases; maybe you have an expeditious in the legal system. I respect it. I was promptly. If we have all of our com- judge and you get to trial within a shocked and embarrassed to find out puter companies spending time hiring matter of 6 months. Maybe in another that the expert testimony was that $500-per-hour lawyers to defend them in court, it takes 2 years because they only 40 percent of the money paid out court, draining their resources from have a backlog. But you get to trial by the asbestos companies actually got which to actually fix the problem, that within 6 months. And say two people in to the people who needed it, who were is not the right direction to go in, I that court get to trial within 6 months. sick because of it. The legal fees are 30 submit. In addition to that, when you One of them goes to a jury and the jury and 40 percent. Court fees and costs all are in litigation, you are not as open says, wait a minute, computer compa- added to it take up 60 percent. and willing to discuss the problem hon- nies can’t be responsible for all this; we This is not acceptable. It is not ac- estly with somebody because you are don’t think they are liable. No verdict. ceptable if we care about a problem and afraid anything you say and do will be Down the hall, where another trial is how to fix it. That figure did not count used against you in a lawsuit. Lawyers going on, they come forward with a the court systems that were clogged are always saying, ‘‘Don’t talk about verdict of $10 million, or whatever, for and remain clogged to this day by hun- it.’’ this lawsuit. S4238 CONGRESSIONAL RECORD — SENATE April 27, 1999 Lawsuits are wonderful things for re- tle this case for $200,000. They have of- I really believe it is a situation that dressing wrongs, but in mass difficul- fered that. I don’t think we are likely is appropriate for the Congress to re- ties like this, they tend to promote ab- to get much more than that, but there spond to. It is appropriate for us to errational distributions of limited is a chance that we can get $1 million bring some rationality to the damages amounts of resources. So we have a or $2 million. I believe we have a cou- that will be paid out by these compa- limited amount of resources and, as far ple of jurors there who are sympathetic nies, to limit the amount of money as possible, we ought to create a legal with us, and I am inclined to say, let’s they spend on litigation, to make sure system that gets prompt payment, con- roll the dice and see. We are not likely the money gets promptly to those who sistently evaluating the kind of people to get a whole lot less, but we can get need it, and otherwise to allow them to who ought to get it. In some States, 5 or 10 times as much. That is what I continue as viable entities producing you will be able to recover huge ver- advise you, Mr. Client; let’s go for it. every year more, better, and more cre- dicts because the State law would be So what happens is this possibility of ative products that make us more com- very favorable. In other States, it unlimited verdicts makes it more and petitive in the marketplace. would not be. more difficult in a practical setting for Mr. President, I don’t have any Some have suggested that it would be cases to be settled. Microsoft business in my State. But I a horrendous retreat to eliminate joint You will have more realistic settle- know the Department of Justice sued and several liability. That is, if six peo- ments if you have this kind of limita- them for antitrust. I think that is fine. ple are involved in producing and dis- tion on the top end of punitive dam- We will just see how that chase comes tributing this computer system—six ages. out. In a way, it is sort of odd. I remem- different defendants—and one is 5 per- This bill will encourage remediation. ber saying at the time that most coun- cent at fault, one of them is 60 percent It actually encourages prompt negotia- tries which have a strong industry in at fault and the others are somewhere tion, consolidation, and problem solv- their nation that is exporting and sell- in between, and the ones most at fault ing. That is the focus of it. That is why ing all over the world and improving are bankrupt, they want the one least I favor it. I would just say this. Mr. President, the lives of millions of people do not at fault to pay it all if they have the the Y2K problem is a unique problem. sue them; they support them. But in money to do so. America we tend to sue them when Now, people argue about that. That is It has the potential of hurting our they get big. This idea that you are a major legal policy debate throughout economy. One of the greatest assets big, you have a deep pocket, and we America today. Many States limit this Nation has—I can’t stress this too ought to sue, I think, is not a healthy joint and several liability. Others have much—is the strength and viability of our computer industry. We are world thing at this time. it in its entirety, and many are in be- leaders. There is not a State in this Na- Again, I think, as the Senator from tween. So for us to make a decision on tion that doesn’t have some computer Oregon mentioned, this is a one-time that with regard to this unique prob- manufacturing going on, and certainly piece of legislation. For those who are lem of computer Y2K is certainly not not a community in America that does troubled about any changes in our tort irrational. It is important for us. not depend on the innovation and cre- system, I really think that is not a Now, I say to you that the more law- wise approach. We need to make some suits are filed, the longer the delays ativity of the computer industry. They benefit from that creativity. changes. We have always changed our will be in actually getting compensa- As a matter of fact, I heard one ex- legal system. When there is a problem, tion to the people who need it. Lit- pert say that his belief is, the reason we ought not hesitate to improve it. erally, when you talk to people in your our economy is so strong, the reason But if you are, remember, this is just a hometown and they are involved in inflation is not going up, even though one-time problem. litigation, ask them about major liti- salaries of our workers are going up Looking at a report from the Pro- gation and they will tell you it would faster than inflation, is because com- gressive Policy Institute, they con- be unusual, in most circumstances, to puters have made our workers more cluded with these remarks: get a case disposed of and tried within productive and that they can afford to Perhaps the most important big winner 1 year. Sometimes it is 3, 4, and 5 years pay them more, because using the from liability limitation [that is, this bill] before they are brought to a conclu- high-tech computers, that are really will be the United States economy and by ex- tension U.S. consumers who will not have to sion. just now in America coming on line So I say that a system that promotes indirectly bear up to $1 trillion in cost with fully and effectively and wisely utilized a healthy share going to lawyers. prompt payment of damages and by American business, is really helping prompt resolution of the matter is I like lawyers. I respect them. But us increase productivity. they are not producers. They are not good for everyone. Allocating funds to This is a marvelous asset for us. making computers. They are not fixing fix this problem is a difficult thing. Some years ago many of these compa- computers. What they are doing is fil- But the way you do it through the law- nies focusing on innovation and cre- ing lawsuits and taking big fees for it. suit system is not good in a situation ativity apparently did not fully focus And they will have at least a one-third where we have a massive nationwide on the problem that is going to happen contingent fee and usually maybe more problem. It is not a good way to do it. at the year 2000. We are, again, talking about extraor- I mentioned earlier in my remarks than 40 percent. dinary costs and the clogging of courts. how every asbestos company in Amer- By promoting attempts to Y2K remedi- ation and lowering the likelihood of litiga- So the focus is taken away from actu- ica is now in bankruptcy. Many of ally fixing the problem and more to as- tion, the rules instituted by this legislation those had a lot more business than just will benefit everyone, not just a few. In the signing blame, trying to encourage a bankruptcy. They made asbestos. They last State of the Union address, President jury to render the largest possible ver- made a lot more things than just asbes- Clinton urged Congress to find solutions that dict. tos. Yet their whole company was would make the Y2K problem the last head- Now, some would say, why do you pulled down by this. ache of the 20th century rather than the first have to limit the amount of punitive If we don’t get a handle on this, crisis of the 21st. damages? Well, three times the amount think about it. We have the capacity to I think that is a good policy. The of damages under this bill—damages severely damage, by placing in bank- President has recognized the need for are limited to three times the actual ruptcy, the most innovative, creative, that. It has had bipartisan support in damages incurred for punitive, or beneficial industry perhaps this Nation our committee, bipartisan support in $250,000, whichever is greater. They has today, the thing that is leading us this Senate—Republicans and Demo- say, why do you want to do that? As into the 21st century. I think this is a crats. But there do remain a few who, long as there is a possibility that a matter of critical importance. It is through any way possible, are really jury might render a verdict for $10 mil- quite appropriate for the Congress to frustrated by this legislation and are lion, lawyers have an incentive not to legislate on it. It is clearly a matter of attempting to undo it. In light of the settle and take that case to a jury. interstate commerce. These computers crisis we are facing, the threat it poses I have talked to lawyers. I know how are produced in one State and sold in to small businesses that need their sys- they think. They say, well, we can set- all 50 States. tems fixed, and through our creative April 27, 1999 CONGRESSIONAL RECORD — SENATE S4239 and imaginative computer industry litigation threat is real; and, if it sub- What we also know is that every dol- which leads the world, I believe we stantially interferes with the computer lar that industry has to spend to defend must act. industry’s ongoing Y2K repair efforts, against especially frivolous lawsuits is I very much appreciate the leader- the consequences for America could be a dollar that will not get spent on fix- ship of Senator JOHN MCCAIN. He is a disastrous. ing the problem and delivering solu- true leader in every sense of the word. Most computer users were not look- tions to technology consumers. Also, He is a man of courage; he understands ing into the future while, those who how industry spends its precious time technology. He has done a great job on did, assumed that existing computer and money between now and the end of it. programs would be entirely replaced, the year—either litigating or miti- I also express my appreciation to not continuously modified, as actually gating—will largely determine how se- Senator ORRIN HATCH and the Members happened. What this demonstrates is vere Y2K-related damage, disruption, of the Judiciary Committee who have that the two-digit date was the indus- and hardship will be. likewise worked on this legislation. try standard for years and reflected To better understand the potential fi- There are two separate bills. But sound business judgment. The two- nancial magnitude of the Y2K litiga- they are very similar, and in conclu- digit date was not even considered a tion problem, we should consider the sion they are very similar. problem until we got to within a dec- estimate of Capers Jones, chairman of Mr. President, I thank the Members ade of the end of the century. Software Productivity Research, a pro- As the Legal Times recently pointed of this body for their attention. vider of software measurement, assess- out, ‘‘the conventional wisdom [in the I yield the floor. ment and estimation products and computer business was] that most in Mr. DURBIN addressed the Chair. services. Mr. Jones suggests that ‘‘for the industry did not become fully The PRESIDING OFFICER. The Sen- every dollar not spent on repairing the aware of the Y2K problem until 1995 or ator from Illinois. Year 2000 problem, the anticipated later.’’ The Legal Times cited a LEXIS Mr. DURBIN. Mr. President, I lis- costs of litigation and potential dam- search for year 2000 articles in tened to the debate on this bill, S. 96. ages will probably amount to in excess It is an important bill. It is an impor- Computerworld magazine that turned up only four pieces written between of ten dollars.’’ tant bill because it protects American The Gartner Group estimates that 1982 and 1994 but 786 pieces between 1995 business. worldwide remediation costs will range and January 1999. Contrary to what the There are elements of this bill which between $300 billion to $600 billion. As- programmers of the 1950s assumed, I think are wise policy. I am certain suming Mr. Jones is only partially ac- their programs were not replaced; rath- that at the end of the debate, if the curate in his prediction—the litigation er, new programmers built upon the old amendment process is a reasonable costs to society will prove staggering. one, we will pass legislation along routines, tweaking and changing them but leaving the original two-digit date Even if we accept The Giga Informa- these lines protecting business. tion Group’s more conservative esti- Mr. HATCH. Mr. President, I rise to functions intact. As the experts have told us, the logic mate that litigation will cost just $2 to state unequivocally my strong support bomb inherent in a computer inter- $3 for every dollar spent fixing Y2K for a Y2K bill. preting the year ‘‘00’’ in a program- problems, overall litigation costs may Let me begin by stating how impor- ming environment where the first two total $1 trillion. tant Y2K remediation is to consumers, digits are assumed to be ‘‘19’’ will Even then, according to Y2K legal ex- business, and the economy. This prob- cause two kinds of problems. Many pert Jeff Jinnett, ‘‘this cost would lem is of particular interest in my computers will either produce erro- greatly exceed the combined estimated State of Utah which has quickly be- neous calculations—what is known as a legal costs associated with Superfund come one of the Nation’s leading high soft crash—or to shut down com- environmental litigation . . . U.S. tort tech States. pletely—what is known as a hard litigation . . . and asbestos litigation.’’ Working together, Senator DIANNE crash. Perhaps the best illustration of the FEINSTEIN and I have produced a bill— What does all this mean for litiga- sheer dimension of the litigation mon- S. 461, the Year 2000 Fairness and Re- tion? As the British magazine The ster that Y2K may create is Mr. sponsibility Act—that encourages Y2K Economist so aptly remarked, ‘‘many Jinnett’s suggestion that a $1 trillion problem-solving rather than a rush to lawyers have already spotted that they estimate for Y2K-related litigation the courthouse. It was not our goal to may lunch off the millennium bug for costs ‘‘would exceed even the estimated prevent any and all Y2K litigation. It the rest of their days.’’ Others have de- total annual direct and indirect costs was to simply make Y2K problem-solv- scribed this impending wave of litiga- of—get this—all civil litigation in the ing a more attractive alternative to tion as a feeding frenzy. Some lawyers United States,’’ which he says is $300 litigation. This benefits consumers, themselves see in Y2K the next great billion per year. businesses, and the economy. The bill opportunity for class action litigation These figures should give all of us was voted out of the Judiciary Com- after asbestos, tobacco, and breast im- some pause. At this level of cost, Y2K- mittee. plants. There is no doubt that the issue related litigation may well overwhelm But, Senator MCCAIN’s bill is the of who should pay for all the damage the capacity of the already crowded focus of the present debate. With some that Y2K is likely to create will ulti- court system to deal with it. distinctions—this bill accomplishes the mately have to be sorted out, often in Looking at a rash of lawsuits, we same ends as Senator FEINSTEIN’s and court. must ask ourselves, what kind of sig- my bill. Let me say that I support a But we face the more immediate nals are we sending to computer com- strong bill. I do not care who gets the problem of frivolous litigation that panies currently engaged in or contem- credit. This is of no importance to me. seeks recovery even where there is lit- plating massive Y2K remediation? What is important is that the Nation tle or no actual harm done. In that re- What I fear industry will conclude is needs Y2K legislation. I thus will sup- gard, I am aware of at least 20 Y2K-re- that remediation is a losing propo- port any mechanism that is able to lated class actions that are currently sition and that doing nothing is no pass Congress. Let me explain why. pending in courts across the country, worse an option for them than cor- The main problem that confronts us with the threat of hundreds more to recting the problem. This is exactly as legislators and policymakers in come. the wrong message we want to be send- Washington is one of uniquely national It is precisely these types of Y2K-re- ing to the computer industry at this scope. More specifically, what we face lated lawsuits that pose the greatest critical time. is the threat that an avalanche of Y2K- danger to industry’s efforts to fix the I believe Congress should give compa- related lawsuits will be simultaneously problem. All of us are aware that the nies an incentive to fix Y2K problems filed on or about January 3, 2000, and computer industry is feverishly work- right away, knowing that if they don’t that this unprecedented wave of litiga- ing to correct—or remediate, in indus- make a good-faith effort to do so, they tion will overwhelm the computer in- try language—Y2K so as to minimize will shortly face costly litigation. The dustry’s ability to correct the problem. any disruptions that occur early next natural economic incentive of industry Make no mistake about it, this super- year. is to satisfy their customers and, thus, S4240 CONGRESSIONAL RECORD — SENATE April 27, 1999 prosper in the competitive environ- and technology consumers to resolve duces a fair and narrowly tailored bill. ment of the free market. This acts as a their disputes out of court so that pre- I think we can do this. We can produce strong motivation for industry to fix a cious resources are not diverted from a measure which has broad political Y2K problem before any dispute be- the repair shop to the court room. support, can pass the Congress, and be- comes a legal one. Let’s face it, the only way a bill will come law. This will be true, however, only as pass is if it has significant bipartisan I appreciate the efforts of the distin- long as businesses are given an oppor- support. I think Congress can pass a bi- guished Senator from Arizona and oth- tunity to do so and are not forced, at partisan bill that is both fair and effec- ers to try and get this bill through and the outset, to divert precious resources tive. Whatever bill is voted upon by will do everything in our power to as- from the urgent tasks of the repair this Chamber, it should at a minimum sist him and help him to do so. shop to the often unnecessary distrac- contain the following provisions that: The PRESIDING OFFICER. The Sen- tions of the court room. A business and Preserves the right to bring a cause ator from Arizona. legal environment which encourages of action; Mr. MCCAIN. Mr. President, all I will problem-solving while preserving the Requires a ‘‘problem-solving’’ period say is that we had a couple of long eventual opportunity to litigate may before suits can go forward. This delay meetings of negotiations on this issue. best insure that consumers and other must be reasonable and if so will spur We have still not resolved a couple of innocent users of Y2K defective prod- technology providers to spend re- outstanding problems. They are tough, ucts are protected. sources in the repair room instead of very difficult. I am not sure we will be There are not at least 117 bills pend- diverting needed capital; able to resolve them, but we will con- ing in State legislatures. Each bill has Provides that the liability of a de- tinue negotiating tonight and into to- differing theories of recovery, limita- fendant would be limited to some per- morrow. It is my understanding that tions on liability, and changes in judi- centage of the company’s fault in caus- the majority leader will move back on cial procedures, such as class actions. ing the harm. This will assure fairness the bill at noon tomorrow, and we will This creates a whole slew of new prob- and lessen the push to go after deep have the morning to continue those ne- lems. They include forum shopping. pockets; gotiations. States with greater pro-plaintiff laws Allows the parties to a dispute to re- I hope we can reasonably sit down to- will attract the bulk of lawsuits and quest alternative dispute resolution, or gether and resolve these remaining class action lawsuits. A patchwork of ADR during the problem-solving pe- problems. We have resolved almost all statutory and case law will also result riod; of them, but there are two or three in uneven verdicts and a probable loss Limits onerous punitive damages; very difficult issues remaining. All I of industry productivity, as businesses Contains a duty to mitigate. Plain- can do is assure my colleagues, I will are forced to defend or settle ever-in- tiffs should not be able to recover for make every effort to get them resolved creasing onerous and frivolous law- losses they could have prevented; as quickly as possible. suits. Small States most likely will set Contains a contract preservation pro- f the liability standard for larger States. vision. This preserves the parties’ bar- This tail wagging the dog scenario un- gain and prevents States from retro- JUVENILE GUN VIOLENCE doubtedly will distort our civil justice actively instituting strict liability; PREVENTION ACT system. Codifies the economic loss doctrine. Mr. DURBIN. Mr. President, there Some States are attempting to make This preserves the restatement of torts are many of us who believe that to- it more difficult for plaintiffs to re- rule that you cannot get economic loss day’s debate should have been focused cover. Proposals exist to provide quali- for tort injuries; on protection of another group, not the fied immunity while others completely Allows evidence of reasonable efforts businesses of America but the children bar punitive damages. These proposals in tort. This section is very important of America, because, try as we might go far beyond the approach taken in because it prevents States from retro- to capture public attention about the the Judiciary and Commerce Commit- actively imposing strict liability or necessity for Y2K legislation, Ameri- tees’ bills of setting reasonable limits negligence per se; and can’s attention is still riveted on on punitive damages. Other States may Contains a class action provision. Littleton, CO, and Columbine High spur the growth Y2K litigation by pro- The class action provision must con- School. viding for recovery without any show- tain a section that common material We have had meetings across my ing of fault. A variety of different and defect must be demonstrated to certify home State of Illinois, as my col- sometimes conflicting liability and claims. It should also contain a section leagues have had across their States, damage rules create tremendous uncer- that allows for removal of State class talking to leaders, schoolchildren, po- tainty for consumers and businesses. If actions to Federal courts based on lice, psychologists, virtually every we want to encourage responsible be- minimal diversity. group imaginable, about what hap- havior and expeditious correction of a Let me end by emphasizing that the pened in Littleton, CO. problem that is so nationally perva- Y2K problem presents a special case. Sadly, it is a repetition of events sive, we should impose a reasonable, Because of the great dependence of our which have occurred too often in our uniform Federal solution that substan- economy, indeed of our whole society, recent history. tially restates tried and true principles on computerization, Y2K will impact October 1, 1997, Pearl, MS, a 16-year- of contract and tort law. If there is an almost every American in the same old boy killed his mother, went to high example for the need for national uni- way. school, and shot nine students, two fa- formity in rules, this has to be it. But the problem and its associated tally. The most appropriate role we in harms will occur only once, all at ap- December 1, 1997, West Paducah, KY, Washington can play in this crisis is to proximately the same time, and will three students were killed, five were craft and pass legislation that both affect virtually every aspect of the found wounded in the hallway of Heath provides an incentive for industry to economy, society, and Government. High School by a 14-year-old. continue its remediation efforts and What we must avoid is creating a liti- March 24, 1998, Jonesboro, AR, 4 girls that preserves industry’s account- gious environment so severe that the and a teacher shot to death, 10 people ability for such real harm as it is le- computer industry’s remediation ef- wounded, during a false fire alarm in gally responsible for causing. forts will slacken and retreat at the middle school when two boys age 11 This will involve a delicate balancing very moment when users and con- and 13 opened fire from the woods. of two equally legitimate public inter- sumers need them to advance with all April 24, 1998, Edinboro, PA, a science ests: the individual interest in liti- deliberate speed. teacher shot to death in front of stu- gating meritorious Y2K-related claims I recognize that if we are to enact dents at an eighth-grade dance by a 14- and society’s collective interest in re- worthwhile Y2K problem-solving legis- year-old. mediating Y2K as quickly and effi- lation this year, we must all work to- May 19, 1998, Fayetteville, TN, 3 days ciently as possible. We need to provide gether—Democrats and Republicans— before graduation, an 18-year-old honor an incentive for technology providers in a cooperative manner which pro- student, allegedly opened fire in a April 27, 1999 CONGRESSIONAL RECORD — SENATE S4241 parking lot of a high school, killing a Some may say, Well, what else would matic weapon? That is currently the classmate who was dating his ex- you do in the U.S. Senate? My friends, law. We hope to change it. girlfriend. for 2 years we have faced committees Did you know that if a firearm dealer May 21, 1998, Springfield, OR, 2 teen- on Capitol Hill which basically will not willfully and knowingly sells a gun to agers were killed and more than 20 peo- report out any bills related to guns. We a child in violation of the law, there is ple were hurt when a 15-year old boy don’t talk about that subject around no automatic revocation of their li- allegedly opened fire on a high school; here. It is as if it is somehow sacred cense? I think there should be. the boy’s parents were killed at their and you can’t bring it up and you can’t Did you know, as well, that at gun home. debate it. That is why Senator LOTT’s shows across America all of the provi- Then there is Littleton, CO, 13 vic- concession today that we will have this sions of the Brady law for background tims and the 2 alleged perpetrators, chance to vote on important legisla- checks and waiting periods do not dead, as a result of gunfire that killed tion relative to our schools is so impor- apply? We suspect—we are still waiting so many. Time and again we have been tant across America. to hear—that one of the weapons used told these are unusual circumstances I say to all those who follow the by these children in Littleton, CO, to and not likely to happen again. issue, my heart goes out to the victims kill the others was purchased through Sadly, history has proven they have and their families in Littleton, CO. It a straw purchaser at a gun show and become all too common place. Can any- goes out, as well, to the other students given to the child. Is America unable one believe that our hometown, the whose lives will never ever be the to deal with this? I think we can, and high school in our home city, is im- same, having witnessed this horror and we should. mune from this sort of violence? I don’t this violence. It goes out to students Did you know you can buy firearms believe so. Frankly, it is because there across America concerned about their over the Internet? How in the world are many troubled children. That is a schools. could you responsibly sell a firearm problem which needs to be addressed How many more of our schools have over the Internet, not knowing on the directly and seriously. to be desecrated by bullets and blood? other side if the purchaser is 15, 16, 17 It is a responsibility that falls on the How many more of our teachers and years old, or a former criminal, or shoulders of parents first, classmates, students have to be prepared to give up someone with a history of violent men- teachers, principals, psychologists, their lives at school to defend their tal illness? To me, these things seem so counselors, those who see the warning classmates? How many more parents obvious. signs, to bring these children to the at- I yield for a question from my col- will have to search their memories to tention of others. Troubled children league from California, who has been a try to remember the last words they are not new to society. They have been supporter on this issue. said to their child as he went off to his there for many, many years. Troubled Mrs. BOXER. I thank my friend from last day in school, his last day on children in my generation waited on Illinois for putting together this very the parking lot to punch you or they Earth? How many more deaths? How important piece of legislation which threw something at you; troubled chil- many more funerals? has a number of fine ideas to protect It is time now that America will dren today find a gun. That troubled our children. I associate myself with come together and say to this Con- child moves from being a sad reality to the Senator’s remarks. gress, as representative of the Amer- a tragedy, a tragedy in multiple num- While we deal with the computer ican people, Do something. We can’t bers, time and time again. problem, we have essentially not been Today I come to the floor with sev- solve all these problems, we can’t make able to offer this bill today. It is hard eral of my colleagues—Senator KEN- every troubled kid normal again, but for me to believe that. The majority NEDY, Senator SCHUMER, Senator please, reduce the firepower of these leader said it would not be right to deal BOXER, and others—prepared to offer children who have such twisted minds, with this because we are still coping an amendment to this bill to say to my these children who are bent on vio- with the sorrow of Littleton, CO. The colleagues that protecting business is lence. best thing we can do in the name of important; protecting children is more This legislation which we are pro- those children is to do something to important. As important as the Y2K posing I hope will become bipartisan stop this from happening again. debate is to many business interests, legislation. I am sorry to report that it I had a question for my friend, be- families across America are not going will be almost historic if it is, but some cause I want his reaction, his comment to stay up tonight watching television Senators have stepped forward in the to this. In the 11 years of the Vietnam and talk about Y2K; they may and they past from the Republican side to sup- war, we lost 58,000 Americans, a trag- should talk about violence in schools port this legislation. I hope some will edy that brought this country to its and how it is becoming epidemic in show the courage to do that again. knees. Every institution was ques- America. This legislation addresses a number tioned. The country has never been the The legislation we were prepared to of points, some that are so obvious it is same. We are just getting over it. offer today, the Juvenile Gun Violence a shame we have to legislate. Should a In the last 11 years, I say to my Prevention Act, has about eight or gunowner be responsible for the safe friend, 400,000 people have been killed nine provisions. We had the amend- storage of his or her gun? Should a in this country by firearms. Let me re- ment prepared and we had our cloture gunowner who knows that children are peat that: 58,000 killed in the 11 years motion signed, by 16 Members of the in the house have to put the gun under of the Vietnam war; 400,000 killed in Senate. We were going to make this a lock and key or put a trigger lock on the streets of this country. That day for at least a debate, if not a polit- it? Sixteen States say yes, this is the doesn’t even count three times the ical confrontation, as to why the Sen- law. If you don’t, you, as a gunowner, number of people who wind up in hos- ate fails to consider that legislation at will be held criminally responsible. We pitals, nursing wounds that will be a time when America wonders if we say this should be a national law. Mr. with them for the rest of their life. have become impotent when it comes President, 13 or 14 children every day That doesn’t even put a dollar figure to dealing with violence in our schools. in America die by gun violence. Col- on a couple billion of dollars a year to I am happy to report a development umbine High School focuses our atten- pay for the wounds to those people. occurred on the floor a short time ago tion on 1 day and 15 lives, but every Does my friend think there has to be which really has changed the face of single day there is a massacre spread some outrage here? this debate. Senator TRENT LOTT, the across this country that doesn’t cap- The people in this country are look- majority leader, the Republican major- ture our attention like Littleton, CO. ing for leadership. Our Chaplain led us ity leader, came to the floor. I under- We also have a provision which some in the most magnificent prayer I have stand he was apprised of our intentions will find incredible. Did you know that ever heard him give, and he gives good and he made an announcement that currently under Federal law a child is prayers. I have to say to my friend, I within 2 weeks we will be able to de- prohibited, with few exceptions, from have been praying for too many people bate these issues about school violence, possessing and purchasing a handgun, who were gunned down, including one guns, and related issues here on the but there is no prohibition against pos- of my son’s best friends who did noth- floor of the Senate. sessing and purchasing a semiauto- ing more than visit his wife in her law S4242 CONGRESSIONAL RECORD — SENATE April 27, 1999 firm, when a man walked in with a If we had a disease that was the No. will always be another school year, his- TEC–9 —the same gun that was used by 1 cause of death, we would be working tory tells us, sadly, always an oppor- these kids—and mowed him down as he on this floor feverishly until we ad- tunity for another tragedy. Let us threw himself over his wife to save her dressed that disease. This is a disease. learn something valuable from the suf- life, which he did. He died. I have to say to my friend, I watched fering of the families in Littleton, CO. Prayers are very important right him take on the tobacco lobby and win. Let us vow, Democrat and Republican now. We turn to God at these moments, There is not a time I do not get on an alike, that we will do everything in our but we also have to turn to ourselves. airplane and realize I do not have to power to reduce school violence and What the Senator is saying is, it is smell that smoke and have that in my make this a safer place for our chil- time for this Senate to do something lungs that I don’t think of him and his dren. about this problem. courage in that matter. When he came I yield back my time. I would like to get his reaction to over here, I just knew reinforcements The PRESIDING OFFICER (Mr. those numbers I put out here. Again, I were coming for some of these tough CRAPO). Who yields time? thank him for this opportunity to com- issues, and this is one of them. f This is a tough one, but that is what ment on his legislation. UNANIMOUS-CONSENT Mr. DURBIN. I thank my friend and we are here for. It is very easy to vote AGREEMENT—H. CON. RES. 92 colleague from California. for the easy bills. It is easy to vote for My reaction is this: I am concerned ‘‘Children’s Appreciation Day.’’ It is Mr. CAMPBELL. Mr. President, I ask about two things. I am concerned that easy to do that. It is a little tougher unanimous consent that, notwith- the American people have given up on when you take on the gun lobby. standing receipt of the resolution, the us. I believe they have come to the con- I hope we are judged by this. My ex- Senate now begin an hour of debate clusion that for political reasons we perience is that people respect you, equally divided in the usual form with cannot do the obvious; we cannot pass even if they might not agree with you, respect to H. Con. Res. 92, a resolution the laws to keep guns out of the hands if you have the guts to do something relating to the tragedy in Littleton, of kids. I think they are wrong. I hope about a problem. CO. I further ask unanimous consent we can prove them wrong. I say to my colleagues on both sides that no amendments be in order to the Certainly the record of the last few of the aisle, please join with us. Some preamble or resolution, and that imme- decades suggests that we have been of these issues are so easy for you to diately following the debate time, the blind to this carnage in our streets, vote for. For example, one of them you Senate proceed to a vote on the adop- people living in fear of walking down have in here says if a local district has tion of the resolution, with no inter- the street in Los Angeles or Chicago, a proposal in for more cops on the beat, vening action or debate. kids living in fear of walking on the waive the matching fund if the commu- The PRESIDING OFFICER (Mr. GOR- playground. There is a school on the nity police are assigned to the schools. TON). Without objection, it is so or- west side of Chicago called the Austin That is one that does not even touch a dered. Career Academy. When that high gun. But today we are told by the ma- Mr. CAMPBELL. Mr. President, I school is about to adjourn for the day, jority leader that he believes it would also ask unanimous consent to display let the children go home, the police be unseemly to act. That is his view. I three ceremonial Indian objects as I come and close the streets around the respect it. I don’t think it is unseemly make my statement. The PRESIDING OFFICER. Without schools so that the gang bangers can- to act in the wake of this tragedy. I objection, it is so ordered. not drive by and shoot the children as think people want us to act in the they come out of the schools. wake of this tragedy. f That is daily life in too many places Thank you. I yield back to my col- TRAGEDY IN LITTLETON, in America. We can argue about what league. COLORADO we can do and why the people should Mr. DURBIN. Mr. President, I will Mr. CAMPBELL. Mr. President, give up on this Congress. I hope they close by saying I am happy that the many of my colleagues in the Senate do not. But we cannot give up on our majority leader, Senator LOTT, has will speak on this resolution today. I children, because if we do, we have made this commitment publicly on the know that the families and, indeed, all failed our most fundamental responsi- floor of the Senate that within 2 weeks of Colorado appreciate their deep and bility. we will have debate on legislation such heartfelt sorrow. I know this is tough, because some of as I have described here. The important On my father’s side, as you know, Mr. our colleagues, even on the Democratic thing about that debate is not what is President, I am Cheyenne, so I would side and on the Republican side, have said on the floor of the Senate between like to begin speaking in the manner of great concerns about the gun lobby and Senators. What is important between his people. what they might do if they vote for now and that 2-week deadline is what This fan comes from the eagle. The any legislation. It is a tough vote, a is said by the American people to those old people call the eagle the keeper of hard vote, but I hope they will step who serve in the Senate. the Earth, the one that watches over back for a second and say we cannot For those who are watching the pro- the domain of the Grandfather Spirit. allow this violence and killing to con- ceedings of the Senate or who read the This pipe carries the smoke with the tinue in American schools. RECORD, I hope you will understand words and the thoughts from the peo- Mrs. BOXER. Will the Senator yield that if you are not part of this debate, ple who use it to the Creator. one more moment? if you do not pick up your telephone, if This flute is used to carry songs of Mr. DURBIN. Definitely. you do not take a pen and write a let- love, forgiveness, and brotherhood. Mrs. BOXER. I want to pick up on ter, if you do not send an e-mail say- So, Mr. President, I hope that the that point because there is a gun lobby. ing, ‘‘For goodness sake, do something voices of all the council fires and pipes We all see it, we all know it, there are about violence in our schools and the send our pleas as Senators as we ask a lot of bucks behind it. But there is proliferation of guns in the hands of for guidance as we try to rid ourselves another lobby out there, the people, children,’’ I can guarantee you that the of violence in this Nation. and the people want us to do sensible outcome of this debate is going to be a I would like the great winged brother measures to protect our children. disappointment to families across that he has chosen as our national I want to make one last point to my America. symbol of freedom and justice to over- colleague, and that is, in my home Do not give up on Congress. This is see all of his children. Further, I would State of California, the largest State in an institution which is serving this like the winds to carry the sweetness the Union by far—34 million people— country and all of the American fami- and harmony and tolerance of the flute the No. 1 cause of death among chil- lies in it. The families have to come to the Grandfather Spirit. dren from the minute they are born forward now. They have to be heard Mr. President, traditional Indian peo- until they are 18, the No. 1 cause of from. It is not enough to say the school ple do not believe that death is finite. death is gunshots—No. 1 cause of year is coming to an end, so that will Indeed, they believe that mortal re- death. be the end of school violence. There mains return to Mother Earth from April 27, 1999 CONGRESSIONAL RECORD — SENATE S4243 which they came, but the soul, which is two of its students. The school and a lutions should take a step back. The the part of you that is timeless, goes large majority of its students live in families, teachers, and students of Col- on to the next world to be forever in the Sixth Congressional District. Con- umbine, and the people of Colorado, the presence of the Great Spirit in a gressman TANCREDO represents this need time to mourn their losses. We place that is absent of avarice and district and lives a short distance from need to wait for law enforcement to greed, devoid of hunger and sickness, Columbine High School. finish their investigation. We should barren of anger, jealousy, and hate. It This resolution is intended to express study other instances of school vio- is a place of goodness where springtime our feelings of sorrow about the trag- lence throughout America and look for is forever. edy in Littleton, CO. This resolution is a common thread. That is the place where Indian people also intended to express our apprecia- We need to carefully evaluate all of believe the innocent victims of Col- tion for those in the community who the evidence and consider the possible umbine High School have journeyed. responded with courage and compas- solutions. In addition, it has been esti- Although their time on Earth was far sion, including the students them- mated that 17 laws were broken by the too short, the elders remind us that the selves. two students, and we need to evaluate grace of the Creator made our lives so Today, the State of Colorado ob- what the current law should have done. much better by allowing them to be served a moment of silence at 11:21 Mr. President, I ask unanimous con- with us for a time, however short. a.m. mountain daylight time. This was sent to have a list of those 17 laws Columbine High School will go on be- approximately when the terrorism printed in the RECORD. cause our departed friends would have began 1 week ago at Columbine High There being no objection, the mate- it so, but it will never forget. School. rial was ordered to be printed in the I have heard the debate thus far on Earlier today, the Senate joined Sen- RECORD, as follows: AMPBELL this terrible tragedy, and I have to ask: ator C and me in a moment of VIOLATIONS OF FEDERAL AND STATE LAWS BY Are more laws the answer? I frankly do silence and prayer led by the Senate THE ALLEGED PERPETRATORS OF THE CRIME not know, Mr. President. Seventeen Chaplain. On behalf of Colorado, and AT COLUMBINE HIGH SCHOOL, LITTLETON, Federal laws and I think over 6 State especially the citizens of Jefferson COLORADO laws were broken during that terrible County, I thank you for sharing in this Details of the explosives and firearms used tragedy. Would 1 more or 100 more have gesture of respect and mourning. by the alleged perpetrators have not been My wife Joan and I attended the me- confirmed by law enforcement authorities. helped? I do not know. morial service this Sunday, April 25, The crime scene is still being examined and I suppose there will be a rush to judg- for those who were killed: Cassie cleared. It is unknown how the alleged per- ment. And I expect a torrent of pro- Bernall, Steven Curnow, Corey petrators came into possession of the explo- posed legislation, and perhaps some of DePooter, Kelly Fleming, Matthew sives and firearms they used. it will help, perhaps not. But certainly The alleged perpetrators, obviously, com- Kechter, Daniel Mauser, Daniel I, as one Senator, will consider any mitted multiple counts of murder and at- Rohrbough, Rachel Scott, Isaiah proposal to make things better. tempted murder, the most serious crimes of Shoels, John Tomlin, Lauren Town- Mr. President, none of us have all the all. And they committed many violations of send, Kyle Velasquez, and their teach- laws against destruction of property, such as answers. But we know we cannot legis- er, William ‘‘Dave’’ Sanders. in the school building and the cars in the late tolerance. We cannot mandate At the memorial service, we shared parking lot outside. All told, the prison sen- that you love your neighbor. We can our profound sense of loss with Vice tences possible for these multiple, serious pass no law requiring Americans to re- President GORE, Colorado Governor violations amount to many hundreds of years. spect each other. Those qualities are Owens, Congressman TANCREDO, the learned, as is hate and intolerance. Additionally, in the course of planning and students, teachers, and parents of Col- committing these crimes, the alleged per- Government has its place, Mr. Presi- umbine High, and the people of Jeffer- dent, but so do churches, families, petrators committed numerous violations of son County and Colorado. very serious federal and state laws relating clubs, schools, teams, and indeed com- I have never experienced anything to explosives and firearms, and, depending on plete communities. I hope that we do that compares to the collective feeling details not yet known, may have committed not confuse who should do what. And of loss, sadness, and disbelief in Colo- other such violations. Cumulatively, the let our actions reflect the Good Book rado. I would estimate that approxi- prison sentences possible for these violations at least as much as it does the law mately 75,000 people attended the me- alone amount to many hundreds of years. A book. But above all, let us keep the morial service. Among those gathered partial list of those violations follows: memory of these innocent children and 1. Possession of a ‘‘destructive device’’ in sorrow, Joan and I witnessed a (i.e., bomb). (Multiple counts.) Prohibited a heroic teacher alive as we strive for strong belief in God. We prayed to- under 26 U.S.C. Chapter 53. Each violation is a solution. gether and searched for answers. punishable by 10 years in prison and a $10,000 Thank you, Mr. President. I yield the During the past week, many of my fine. Other explosives violations are under 18 floor. colleagues have come to the floor to U.S.C. 842. The PRESIDING OFFICER (Mr. GOR- share their condolences and concern for Colorado law [18–12–109(2)] prohibits the TON). Who yields time? the students and teachers who have possession of an ‘‘explosive or incendiary de- Mr. ALLARD addressed the Chair. lost their lives or who have been in- vice.’’ Each violation is a Class 4 felony. Col- The PRESIDING OFFICER. The jun- jured in this senseless tragedy. I do orado [18–12–109(6)] also prohibits possession ior Senator from Colorado. of ‘‘explosive or incendiary parts,’’ defined to hope that our thoughts and prayers include, individually, a substantial variety Mr. ALLARD. Mr. President, I com- have helped to comfort the students, of components used to make explosive or in- pliment my colleague, the senior Sen- parents, and teachers of the Columbine cendiary devices. Each violation is a Class 4 ator from Colorado, Mr. CAMPBELL, for High School community. Again, I offer felony. his fine floor statement. I was espe- my deepest sympathy to those who are 2. Manufacturing a ‘‘destructive device’’ cially touched when he brought in the suffering. (i.e., bomb). (Multiple counts.) Prohibited meaning of what was happening in Col- Our Nation continues to grieve with under 26 U.S.C. Chapter 53. Each violation is orado in relation to his forefathers, the the families and friends of the killed punishable by 10 years in prison and a $10,000 fine. Cheyenne people. It means a lot to me and injured students and teachers. We 3. Use of an explosive or incendiary device personally to hear those words, because are still attempting to understand in the commission of a felony. Prohibited I consider us part of one big family. what happened and why. People are under Colorado law [18–12–109(4)]. A class 2 I do have a perspective that I would trying to cope with the terror that has felony. like to share with the Members of the crept into our lives. It has become ob- 4. Setting a device designed to cause an ex- Senate. vious at this point that there are no plosion upon being triggered. Violation of Mr. President, House Concurrent easy answers. We need to examine the Colorado law. (Citation uncertain) 5. Use of a firearm or ‘‘destructive device’’ Resolution No. 92 is sponsored by TOM problems facing our youth, but it is (i.e. bomb) to commit a murder that is pros- TANCREDO. The House of Representa- critical that we take time to carefully ecutable in a federal court. Enhanced pen- tives approved this resolution earlier consider the solutions being offered. alty under 18 U.S.C. 924(i). Punishable by today, exactly 1 week after Columbine There are things that society can do, death or up to life in prison. A federal nexus High School was tragically ravaged by but those who are looking for easy so- is through 18 U.S.C. 922(q), prohibiting the S4244 CONGRESSIONAL RECORD — SENATE April 27, 1999 discharge of a firearm, on school property, a firearm in a public place except on a lawful velously beautiful group of students with reckless disregard for the safety of an- target practice or hunting place. Violation of from Payette, and Parma, and Mid- other person. Colorado law. dleton, ID. They asked me, ‘‘Senator, 6. Use of a firearm or ‘‘destructive device’’ Mr. ALLARD. Whatever the solution, what can you do to make our schools (i.e., bomb) in a crime of violence that is I am convinced that we will never al- prosecutable in a federal court. Enhanced safer?’’ I said, ‘‘You know, I am not penalty under 18 U.S.C. 924(c). Penalty is 5 leviate the problem completely, but we sure I know what to do, because those years if a firearm; 10 years if a ‘‘sawed-off’’ certainly can reduce its occurrence. young men at that high school in Colo- shotgun, ‘‘sawed-off’’ rifle or ‘‘assault weap- It is hard to understand how two stu- rado broke 17 laws, State and Fed- on;’’ and 30 years if the weapon is a ‘‘destruc- dents can become so dysfunctional, but eral’’—laws that say it is against the tive device’’ (bomb, etc.). Convictions subse- we need to continue to search for an- law to possess a destructive device, or quent to the first receive 20 years or, if the swers. There is no simple solution. We weapon is a bomb, life imprisonment. Again, a bomb; laws that say that manufac- must pledge ourselves to do what we turing a destructive device is wrong a federal nexus is through 18 U.S.C. 922(q), can. I ask that the Senate begin by ap- prohibiting the discharge of a firearm, on and against the law; laws that say the school property, with reckless disregard for proving this resolution. use of an explosive or incendiary device I yield the floor. the safety of another person. in the commission of a felony is 7. Conspiracy to commit a crime of vio- The PRESIDING OFFICER. Who yields time? against the law. They broke all of lence prosecutable in federal court. En- those. The law was there and it didn’t hanced penalty under 18 U.S.C. 924(n). Pen- Mr. ALLARD. Mr. President, I sug- alty is 20 years if the weapon is a firearm, gest the absence of a quorum. stop them. life imprisonment if the weapon is a bomb. The PRESIDING OFFICER. The How about setting a device designed Again, a federal nexus is through 18 U.S.C. clerk will call the roll. to cause an explosion upon being trig- 922(q), prohibiting the discharge of a firearm, The legislative clerk proceeded to gered? That is against the law. It is a on school property, with reckless disregard call the roll. violation of State law in Colorado. It for the safety of another person. Mr. CRAIG. Mr. President, I ask didn’t stop what happened there in 8. Possession of a short-barreled shotgun or Littleton. There is a law regarding the rifle. Some news accounts have suggested unanimous consent that the order for that the alleged perpetrators may have pos- the quorum call be rescinded. use of a firearm or destructive device sessed a ‘‘sawed-off’’ rifle. (A shotgun or rifle The PRESIDING OFFICER. Without to commit a murder that is prosecut- less than 26’’ in overall length, or a shotgun objection, it is so ordered. able in a Federal court. That is against was a barrel of less than 18’’, or a rifle with Mr. CRAIG. Mr. President, I come to the law. Yet, those two young men de- a barrel of less than 16’’.) A spokesman for the floor this afternoon to join with fied the law. The use of a firearm or a the Jefferson County Sheriff’s Office re- my colleagues in an expression di- destructive device in relation to other ported, possibly, at least one long gun with rected by House Concurrent Resolution activities is against the law. the stock cut off. Prohibited under 26 U.S.C. I could read all 17 of these laws, and Chapter 53. A violation is punishable by 10 92, which deals with the situation that years in prison and a $10,000 fine. occurred in Columbine High School in not one of them saved one child or that Colorado law [18–12–102(3)] prohibits posses- Littleton, CO. teacher, that coach, at that high sion of a ‘‘dangerous weapon’’ (defined to in- I come this afternoon with no an- school. Maybe if you had stacked all clude sawed-off guns). First violation is a swers, and I wish I had some. Like the laws against the front door, in Class 5 felony; subsequent violations are most of us, I have thought a great deal book form, you would have blocked the Class 4 felonies. about the crisis from the moment we entry of those kids with their bombs 9. Manufacturing a ‘‘sawed-off’’ shotgun or ‘‘sawed-off’’ rifle. Prohibited under 26 U.S.C. watched it unfolding on national tele- for just a moment in time, and that Chapter 53. Each violation is punishable by vision late last week. I guess in all of school might have been saved. But no- 10 years in prison and a $10,000 fine. this, I have been struck by how quickly body did that. We could rush to judg- 10. Possession of a handgun or handgun some people rush to explain what hap- ment today and pass a lot more laws ammunition by a person under age 18: Some pened and offer solutions to prevent and take those books of laws and stack news accounts report one alleged perpetrator such a terrible crime from ever hap- them up against the schoolhouse door. as being 17 years of age. It is yet unclear pening again. I wish I had a crystal ball My guess is that not one more child in what firearms were involved in the crime. A person under age 18 is prohibited from pos- and could do that. But that is not what America would be safer. sessing a handgun or handgun ammunition, has occurred; I don’t have a crystal Laws are important, and I am not except for legitimate target shooting, hunt- ball that can show all that clearly. suggesting they are not. They direct a ing, and firearms training activities, and The investigation of the crime is not civil society to, hopefully, do better similar legitimate reasons.[18 U.S.C. 922(x), yet completed, and the community is things. But they need to be carefully- part of the 1994 crime bill.] A violation is still in shock. My guess is it is only thought-out laws. My guess is that the punishable by one year in prison. natural to react by trying to make breaking point is at hand, when Amer- 11. Providing a handgun or handgun or some sense out of all of this, to locate ica as a culture had better turn and handgun ammunition to a person under age 18. Prohibited under the same provision the exact point where something ter- look at itself and ask, ‘‘Why?’’ noted in #4, above. Penalty of one year, un- ribly, terribly wrong happened, to tell When those kids asked me what I less the provider knew the gun would be used everyone to stay away from that point, could do this afternoon, I asked them, in a crime of violence, in which case the pen- and to pass a law that would keep ev- ‘‘What are you, as students, prepared alty is 10 years. eryone away from that point, so that it to do?’’ It ‘‘ain’t cool’’ to rat on a fel- 12. Age restrictions on purchasing fire- would shield us and our kids and our low student. Peer pressure is such that arms. Again, the age of the second suspect communities from harm. While it may young people don’t talk about another and how the alleged perpetrators came into young person with their principals or possession of firearms are unclear. However, be natural, my guess is that at this licensed dealers may sell rifles and shotguns time it would be a mistake. It would be superintendents—even if the young only to persons age 18 or over, and handguns a mistake to designate the point and person said, ‘‘I am going to kill some- to persons age 21 or over. [18 U.S.C. 922(b)(1)] rush to judgment, because that judg- body,’’ or do something else wrong. It 13. Possession of a firearm on school prop- ment may be different tomorrow, based isn’t cool. Yet, if you don’t do some- erty. Prohibited under 18 U.S.C. 922(q). Five on the facts that are now unfolding. thing, maybe it is Columbine that hap- year penalty. Colorado also prohibits a gun I don’t believe there is a Senator on pens. on school property. (Citation uncertain.) I would like to see our schools be- 14. Discharge of a firearm on school prop- this floor who has all of the answers. I erty, with a reckless disregard for another’s am impatient to have more informa- come zones for education. Drug-free? safety. Prohibited under 18 U.S.C. 922q. Five tion, and I hope it will come out, be- Absolutely. Gun-free? Absolutely. But year penalty. cause I would like to think that Col- zones for education, not primarily so- 15. Possession, interstate transportation, umbine—the situation that happened cialization and the mixing and all of sale, etc., of a stolen firearm. Prohibited in that high school is a point of time the kinds of things that go on in under 18 U.S.C. 922(i) and (j). A violation is we will all stop and think about and schools. Let’s set some rules. How punishable by 10 years. about a dress code? How about random 16. Intentionally aiming a firearm at an- deal with as an issue which we will other person. Violation of Colorado law. never allow to happen again. inspection of lockers? If you are going 17. Displaying a firearm in a public place in I just came off the Capitol steps a few to educate and you are going to make a manner calculated to alarm, or discharging moments ago from speaking to a mar- a safe haven for education, maybe it is April 27, 1999 CONGRESSIONAL RECORD — SENATE S4245 time you bring discipline back to I say to the citizens of Littleton, CO, students. They are conducive, I think, schools and you say to the bad actors: how terribly sorry I am. My wife and I by their very largeness to the creation You are out. mourn with them. We have three beau- of gangs, hate groups, and so on. I don’t know that that is the answer, tiful children and a grandbaby, and we The scene of screaming students but I think it is time our society talks are so glad that they are safe and rushing outside through schoolhouse about it, because we have passed a lot happy today. We know there are par- doors, some hobbling or clenching a of gun laws in the last decade in this ents in Littleton, CO, who have lost gunshot wound to the arm or leg, and Congress and children died last week in something that can never and will others overwhelmed with fear for their Littleton, CO, in spite of all those gun never be replaced. So I am pleased that own lives, has become all too familiar laws we passed, all those bomb laws we today, as a Congress and as a Senate, to this nation during the past few passed. we are speaking to the people of Little- years. From West Paducah, Kentucky, I don’t think there is a Senator on ton, CO, and then we will step back and to Jonesboro, Arkansas; Springfield, the floor who is going to rush out and allow the healing process to begin as Oregon; and now to the community of say it is against the law to buy a pipe— the investigative work is completed. Littleton, Colorado, gun shots have nor should they—or against the law to Then, and only then, is it right and shattered the silence and tranquillity go out and buy a propane canister to proper that we engage. And I will not of an otherwise typical high school fuel your barbecue. But those were be a vehicle to obstruct that engage- day, abruptly ending the innocence of tools used in bombs in Littleton’s high ment. That would be wrong. But we youth, and launching families and school. There is no Senator who will do will soon have a juvenile crime bill on friends into some of the most difficult that, because there may not be any po- the floor. That is the appropriate place days of life that no human being should litical bounce in it and it just would to talk about how to deal with this have to confront. not make common sense. issue, and from sound information We would have never dreamed of this So let us let the survivors mourn in make quality judgments about how we kind of thing in my school days. Littleton, CO. Let us let that commu- may help our culture reshape itself in a Mr. President, there is a crying need nity heal. Let’s let the law enforce- responsible and caring fashion. to do more to protect our children. ment people try to make sense of what I yield the floor. But, the unfortunate reality of the sit- made these young men tick, by their Mr. KENNEDY addressed the Chair. uation is that there is no single-step diaries, by their web page, by their The PRESIDING OFFICER. The Sen- panacea to prevent further bloodshed play-acting, by the evil that invaded ator from Massachusetts. at schools across the country. One their hearts. Then maybe we, as public PRIVILEGE OF THE FLOOR could make many suggestions. Many people, can help reshape our very won- Mr. KENNEDY. Mr. President, I ask suggestions are readily obvious. But derful culture. unanimous consent that floor privi- the problem of school violence does not Yes, maybe it will take some changes leges for Angela Williams and David begin and end on school grounds. It is in law. There is no disputing what I Goldberg be granted for the 106th Con- much more pervasive. It reaches be- represent, and most people in this body gress. yond the schoolyard gates, into our know I am a strong supporter of second The PRESIDING OFFICER. Without communities and into our homes. amendment rights. I am also a strong objection, it is so ordered. It is unfortunate that we live in a supporter of first amendment rights. I Mr. KENNEDY. I suggest the absence country where criminals find ways to am not going to trample on those of a quorum. get around the law and do evil, but it rights, and I am going to supply formi- The PRESIDING OFFICER. The happens. Hatred is a powerful demon dable debate and opposition to anybody clerk will call the roll. that can draw people to do things we who will on this floor try to reshape The legislative assistant proceeded do not truly understand. I have seen it them in the name of safety and secu- to call the roll. in my own lifetime, and, I try, when- rity. But I am willing to put those Mr. BYRD. Mr. President, I ask unan- ever possible, to help teach young peo- rights on the line, and I am willing to imous consent that the order for the ple to avoid such egregious mistakes. say—to a culture that has failed to rec- quorum call be rescinded. Of course, the young are not alone in ognize that along with rights comes re- The PRESIDING OFFICER. Without the making of these mistakes. But sponsibility—that it is now time to get objection, it is so ordered. mine is only one voice. But it is one responsible. Mr. BYRD. Mr. President, as we con- voice. That is what I told those young peo- sider this resolution before the Senate I often take time out to talk with the ple a few moments ago on the steps of to remember those who lost their lives pages here. I don’t have to do it. No- their Nation’s Capitol—that I was just one short week ago in Littleton, body makes me do it. Nobody tells me going to fight to secure for them the Colorado, we are once again reminded to do it. But I like to talk to these kind of freedoms my forebears had of an event which is heart-wrenchingly young people. These are fine young fought to secure for me; that I had ac- tragic and one that bears out the need people, these pages of ours on both cepted the responsibility that came for educators, parents, and government sides of the aisle. I often pause to take with those rights and they, too, must; officials to work together to ensure a half hour with them to talk about that passing laws in the U.S. Congress that the classroom is a safe place for wholesome experiences, and to relate does not a safer world make, unless the all students. good stories from Chaucer, and from laws are enforceable and unless people The tragic events last Tuesday at other great authors, as I feel that if I genuinely agree with them. Columbine High School serve as yet an- can do a little good with these young So I think it is appropriate that our other warning that something has gone people here, who knows where this in- leader has asked us to take pause, not terribly wrong in our nation. Schools fluence will stop? rush to judgment, not play to the poli- are not the idyllic places that they While it is my intention to make any tics of the moment, but to take a deep once were. They are less and less safe and all efforts to prevent this kind of breath and think awhile, let a commu- havens, conducive to study, but, rath- tragedy before it visits another region nity heal just a bit, speak to it in the er, increasingly, are proving to be un- of the country, it is essential that we form of the resolution that is now be- stable communities, teetering on the take up the effort and the responsi- fore us, allow the investigators to brink of violent outbursts. bility to raise our children, to nurture patch together this weird and terribly It makes me long for the old high them, to protect them, to guard them evil story. And then let’s examine it as school which I attended and from as much as we can from these evil in- a Congress, as an American culture, which I graduated 65 years ago. It fluences that are always ready to prey and say to ourselves we must become makes me long for the little two-room upon them, and it is my desire always more responsible—responsible as legis- schoolhouse in which I began my stud- to try to provide these young people lators, responsible as parents, respon- ies along about 1923. Sometimes I think with a solid foundation, to encourage sible as a culture, in taking our rights schools are too large these days. They them to engage in wholesome pursuits in a way that demonstrates the respon- don’t allow for the personal attention and to read from good literature, and sibility that goes with them. that teachers could otherwise show in this way I think adults can help to S4246 CONGRESSIONAL RECORD — SENATE April 27, 1999 provide them with a solid foundation— pictures as they sit down to the break- The PRESIDING OFFICER (Mr. spiritually, emotionally, and intellec- fast table with their parents. SMITH of Oregon). Without objection, it tually. We have to indulge with cau- The tragedy at Columbine High is so ordered. tion any idea that there can be moral- School may be impossible to ever, ever The PRESIDING OFFICER. The ity without religion. Protecting our truly understand. But that should not clerk will report the resolution. Nation’s children should be a team ef- deter us from seeking answers and The legislative clerk read as follows: fort, not simply a matter of public pol- working for solutions. It is time to A concurrent resolution (H. Con. Res. 92) icy. stop wringing our hands over this issue expressing the sense of Congress with respect If we ever have a hope of preventing and take action so that we in Congress to the tragic shooting at Columbine High violence in the classroom, parents can support measures that might pre- School in Littleton, Colorado. must take an active role in their vent a recurrence of this nightmare. The Senate proceeded to consider the child’s life and monitor their child’s I am concerned that we may be ap- resolution. behavior for unusual actions or alarm- proaching the day when our nation’s Mr. BUNNING. Mr. President, I rise ing conduct. Teachers carry similar re- students spend more time in the class- in support of the resolution and to ex- room thinking about the potential for sponsibilities and must no longer press my deepest, heartfelt sympathy a gun pop than a pop quiz. A day when ‘‘chalk up’’ unusual behavior to the for the families of the victims of Col- teachers are too preoccupied with their simple conclusion of a student having a umbine High School shootings. own fear of a gun emerging into their bad day. We have witnessed too many At a time like this, words seem to classroom to teach their students the oversights like this which have basic grammatical structure or alge- lose their meaning, and there is little snatched the lives of other innocent braic formula properly. Today’s chil- that we can say to adequately express children caught in the line of fire. our regret and sorrow. There is no way Moreover, we should not be surprised, dren deserve the opportunity to get an education. Today’s teachers deserve to explain the senseless violence that given the excessive and mindless vio- the opportunity to teach. They deserve claimed the lives of the students and lence—I tell you, it is excessive, be- this just as much as the children and teacher in Littleton, and we struggle cause I see it when I turn on the tele- the teachers of yesteryear. We must all to understand and explain the inex- vision—mindless violence, excessive vi- do whatever we can to ensure that to- plicable. olence. We should not be surprised day’s children and those of the future Schools are supposed to be safe ha- then, given the excessive and mindless have an opportunity to excel academi- vens where teenagers—children—are violence infiltrating, permeating, the cally in an environment free from supposed to grow and learn, not plot to television airwaves and now the Inter- guns, knives, and other weapons. murder their peers. What happened in net, that we really have a problem in I look forward to working with Sen- Colorado simply defies explanation or today’s society. It is not a hidden fact ator LIEBERMAN in the upcoming weeks comprehension. During trying times that I am no fan of the muck that to author legislation that would estab- like this, we must fall back on our spews out over the tube or the obsceni- lish a National Commission on School faith. Our faith in God, and family, and ties rumbled by so-called actors and ac- Violence to help get at the root of this community. Our beliefs have been tresses in a TV drama, but there is lit- problem if that is possible. It is my shaken, and we must rely on each tle that we in Congress can do to regu- hope that by joining forces between other and trust that the Lord will help late children from jumbling their educators, children, parents, media, see us through the confusing darkness brains with this nonsense. and others, we will gain a more vivid that has descended on our Nation after Parents must no longer give their perspective on what leads to violent be- this terrible catastrophe. children free rein of the remote control havior behind the schoolhouse doors, A similar tragedy occurred at a high or unmonitored access to dial up those and that we can begin to remedy this school in Paducah less than a year and polluted websites running rampant harrowing problem overtaking our na- a half ago. Unfortunately, this is an ex- over the Internet. Children, with their tion’s schools. I urge teachers and par- perience that we in Kentucky have inquisitive young minds, too often re- ents, church and civic leaders to do the been through and we grieve with our peat what they see on TV or read about same. This type of disaster can occur friends in Colorado. The children of over the Internet, and with little guid- anywhere—we must act now if we are Colorado and their families will con- ance from parents, it is next to impos- to prevent a replay of this nightmare tinue to be in our thoughts and pray- sible to prevent this often fatal ‘‘copy- in another American community. ers. cat’’ action from recurring. I hope parents throughout the Nation Mr. MCCAIN. Mr. President, I ask for Probably most disappointing to me is are thinking soberly, soberly about the yeas and nays on the resolution. that in watching the news recently, it this problem. The PRESIDING OFFICER. Is there a seems that the tragic news of a school I took a piece of plastic clay sufficient second? shooting has become somewhat of a And idly fashioned it one day There appears to be a sufficient sec- feeding frenzy for the media to hit the And as my fingers pressed it still ond. airwaves with explicit details, often It moved and yielded to my will. The yeas and nays were ordered. those that are too easily digested by a I came again when days were past. The PRESIDING OFFICER. The listening youngster experiencing emo- The bit of clay was hard at last. question is on agreeing to the concur- tional distress. It seems counter- The form I gave it, it still bore, rent resolution. The yeas and nays productive, even dangerous, to offer And I could change that form no more. have been ordered. The clerk will call what amounts to free advertising by I took a piece of living clay the roll. reporting on the Internet websites that And gently formed it day by day. The assistant legislative clerk called hand out free explanations on how to And molded with my power and art. the roll. make a bomb or where to obtain a gun. A young child’s soft and yielding heart. Mr. REID. I announce that the Sen- Mr. President, when is enough enough? I came again when years were gone, ator from New York (Mr. MOYNIHAN) is Efforts to end school violence can be, He was a man I looked upon. absent due to surgery. and will likely be, undone by this prac- He still that early impress wore, I further announce that, if present tice of revealing too much information And I could change him nevermore. and voting, the Senator from New York with little thought of the future impli- There is a lesson in this for all of us. (Mr. MOYNIHAN) would vote ‘‘aye.’’ cations. I urge the media to think I hope we will learn it. The result was announced—99 yeas, 0 about the possible consequences of I suggest the absence of a quorum. nays, as follows: their actions before trying to beat the The PRESIDING OFFICER. The [Rollcall Vote No. 92 Leg.] other news team to the latest punch clerk will call the roll. line. Supplying children with informa- The legislative assistant proceeded YEAS—99 tion that could lead to the perpetua- to call the roll. Abraham Bayh Boxer Akaka Bennett Breaux tion of school violence is not the solu- Mr. HATCH. Mr. President I ask Allard Biden Brownback tion. Children need not be confronted unanimous consent that the order for Ashcroft Bingaman Bryan with all of the finite details of the gory the quorum call be rescinded. Baucus Bond Bunning April 27, 1999 CONGRESSIONAL RECORD — SENATE S4247 Burns Gregg Mikulski DAIRY POLICY REFORM cially high prices for their milk. And it Byrd Hagel Murkowski Campbell Harkin Murray Mr. KOHL. Mr. President, I would hurts our hopes of achieving long-over- Chafee Hatch Nickles like to take this opportunity to discuss due unity on dairy pricing reforms that Cleland Helms Reed the direction of our nation’s dairy pol- are fair and good for all regions of the Cochran Hollings Reid country. Collins Hutchinson Robb icy. When Congress passed the 1996 Conrad Hutchison Roberts Farm Bill, we passed the most signifi- For all of these reasons, I oppose the Coverdell Inhofe Rockefeller cant reform of our agricultural system expansion of regional milk pricing car- Craig Inouye Roth since the Great Depression. In that tels like the Northeast Compact, and I Crapo Jeffords Santorum Daschle Johnson Sarbanes bill, we ordered USDA to update our ask my colleagues to do the same. Lets DeWine Kennedy Schumer outdated milk pricing laws—something enter the next millennium with a dairy Dodd Kerrey Sessions that had not happened for 60 years. policy that is market-oriented and con- Domenici Kerry Shelby In taking these market oriented ac- sumer friendly—not one that ties us to Dorgan Kohl Smith (NH) Durbin Kyl Smith (OR) tions to drag dairy policy into—if not the unjustified protectionism and un- Edwards Landrieu Snowe the 21st century—at least the second necessary inequities of the past. Enzi Lautenberg Specter half of the 20th century, Congress may f Feingold Leahy Stevens have spoken more boldly that we were Feinstein Levin Thomas CELEBRATING MISSOURI HOME willing to act. Congress has tried to Fitzgerald Lieberman Thompson EDUCATION WEEK Frist Lincoln Thurmond put the brakes on USDA’s milk pricing Gorton Lott Torricelli reform efforts from the moment they Mr. ASHCROFT. Mr. President, as a Graham Lugar Voinovich parent and former teacher, it is a privi- Gramm Mack Warner began. And now, mere days after USDA Grams McCain Wellstone announced the reformed system, there lege for me to be able to recognize Mis- Grassley McConnell Wyden are those who are seeking to insulate souri home schoolers, who will observe NOT VOTING—1 their home states from it by legislating Missouri Home Education Week during May 2–8, 1999. Moynihan compacts to set the price of milk arti- ficially high in their regions. Home schooling has been legal in The concurrent resolution (H. Con. These actions cannot stand. Though I Missouri since the state’s founding in Res. 92) was agreed to. understand my colleagues desire to 1821. Since that time, and especially in The preamble was agreed to. protect the dairy farmers in their re- the last two decades, home schoolers Mr. MCCAIN. Mr. President, I move gions, I cannot let them do so at the have faced numerous challenges and to reconsider the vote, and I move to expense of the productive dairy farmers successes. lay that motion on the table. in the upper Midwest—or at the ex- Fortunately, legislators are increas- The motion to lay on the table was pense of a national milk pricing sys- ingly recognizant of the importance of agreed to. tem that, for the first time in sixty local decision-making and parental in- f years, is market oriented and fair. volvement in our children’s education. Expanding the anti-competitive Home Education Week reminds us that MORNING BUSINESS Northeast dairy compact would region- parents are the first and best educators Mr. MCCAIN. Mr. President, I ask alize the dairy industry and institu- of their children. Study after study has unanimous consent that the Senate tionalize market distorting, artifi- shown that parental involvement is the now proceed to a period of morning cially high prices in one area of the most important factor in a child’s aca- business with Senators permitted to country—just as the rest of the coun- demic achievement. speak for up to 10 minutes each. try is moving toward a simplified and It is, therefore, appropriate that we The PRESIDING OFFICER. Without more equitable system. celebrate Home Education Week by ac- objection, it is so ordered. Dairy markets are truly national in knowledging the hard work, dedica- nature. My region of the country, the tion, and commitment to academic ex- f Upper Midwest, has learned this lesson cellence of the more than 4,300 home all too well. We have seen our competi- school families in my home state. Re- THE VERY BAD DEBT BOXSCORE tive dairy industry decline, damaged cently, the Washington Post lauded the Mr. HELMS. Mr. President, at the by the distortion caused by an out- academic achievement of these fami- close of business yesterday, Monday, moded milk marketing order system. lies. The Post article describes a study April 26, 1999, the federal debt stood at That system requires that higher of home-schooled children, stating that $5,591,807,374,069.84 (Five trillion, five prices be paid to producers the farther they ‘‘score well above the national hundred ninety-one billion, eight hun- they are from Wisconsin. Sixty years median on standardized tests [and] dred seven million, three hundred sev- ago, when the Upper Midwest was the often study above their normal grade enty-four thousand, sixty-nine dollars hub of dairy production and the rest of level.’’ and eighty-four cents). the country lagged far behind, this re- It was an honor for me to proclaim Five years ago, April 26, 1994, the fed- gional discrimination had some jus- Missouri’s first Home Education Week eral debt stood at $4,561,451,000,000 tification. It encouraged the develop- in 1989. Now, in 1999, I look forward to (Four trillion, five hundred sixty-one ment of a dairy industry capable of the continued success of Missouri home billion, four hundred fifty-one million). producing a local supply of fluid milk school families, and to working with Ten years ago, April 26, 1989, the fed- in every region. But today, that goal is them to promote the kind of freedom eral debt stood at $2,756,180,000,000 (Two largely accomplished, and the continu- that encourages parents to take an ac- trillion, seven hundred fifty-six billion, ation of the discriminatory pricing pol- tive role in guiding the course of their one hundred eighty million). icy serves only to fuel the decline of children’s education. Fifteen years ago, April 26, 1984, the the dairy industry in the Midwest. f federal debt stood at $1,485,043,000,000 The new system proposed by USDA is (One trillion, four hundred eighty-five not all that we in the Upper Midwest ANTITRUST SUITS AND SMALL billion, forty-three million). would want. But it is an improvement BUSINESS Twenty-five years ago, April 26, 1974, in the current system, and a move to- Mr. ABRAHAM. Mr. President, I ask the federal debt stood at $471,530,000,000 ward a national compromise on this di- unanimous consent that articles writ- (Four hundred seventy-one billion, five visive issue. It is a step forward. ten by Karen Kerrigan and Raymond J. hundred thirty million) which reflects The legislation introduced today to Keating of the Small Business Survival a debt increase of more than $5 tril- continue the Northeast Dairy compact Committee, along with a letter ad- lion—$5,120,277,374,069.84 (Five trillion, is just the opposite—a step backwards. dressed from Karen Kerrigan to certain one hundred twenty billion, two hun- It would remove a region from the new Members of Congress, be printed in the dred seventy-seven million, three hun- national dairy pricing system and RECORD at the conclusion of my re- dred seventy-four thousand, sixty-nine move toward a Balkanized dairy policy. marks. dollars and eighty-four cents) during It hurts consumers in the affected re- The PRESIDING OFFICER. Without the past 25 years. gion—consumers who will pay artifi- objection, it is so ordered. S4248 CONGRESSIONAL RECORD — SENATE April 27, 1999 (See exhibit 1.) ‘‘The criteria for antitrust investigations Federal Trade Commission (FTC). These Mr. ABRAHAM. The Small Business or lawsuits seems to be if a company merges days, however, it does not seem to take very Survival Committee, or SBSC, is a non- or wildly succeeds, then it may be ripe for much to get the attention of the rather ac- partisan, nonprofit small business ad- antitrust action. When government moves tivist antitrust division headed by Joel Klein against successful businesses, the entrepre- at the DoJ. Indeed, at the DoJ’s website, the vocacy group with more than 50,000 neurial sector of the economy pays a price, antitrust division lists 274 antitrust cases members. These materials give a small too,’’ said Small Business Survival Com- brought by the U.S. government since De- business perspective on recent actions mittee chief economist Raymond Keating. cember 1994, along with Amicus Curiae briefs of the Department of Justice’s Anti- Keating argues that antitrust actions gen- in 31 other cases. trust division, and of the action erally seek to supplant the wisdom of con- And a proposed merger certainly is not re- against Microsoft in particular. sumers with government regulators as the quired to warrant antitrust attention. For example, an antitrust case was filed in early As the SBSC point out, we are in an final arbiter to protect politically connected businesses that fail to adequately compete. October 1998 against Visa USA and Master- era of renewed activism on the part of Card International. The FTC has filed suit the Antitrust Division. Since 1994 that He says small businesses that have gained from the success and innovation of compa- against Intel Corp. And of course, DoJ is now Division has pursued more than 274 nies under attack—Microsoft Corp. being a in court against Microsoft Corp. The criteria for antitrust investigations or antitrust cases. The Antitrust Division good example—will ultimately lose from ag- lawsuits seems to be if a company merges or was set up to protect consumers and gressive antitrust action. wildly succeeds, then it may be ripe for anti- Most troublesome is the permanent dam- our free enterprise system. But these trust action. Of course, this problem springs age inflicted on the company under attack materials demonstrate that it is ques- from the combination of vague legislation tionable whether this new activism is and the impact on its small-business sup- (i.e., primarily the Sherman Act of 1890 and in fact helpful to small businesses and pliers. the Clayton Act of 1914) with zealous govern- Nobel Prize-winning economist Milton entrepreneurs. ment lawyers and regulators. Friedman recently said that the companies While at first glance the issue of antitrust In particular, the SBSC questions of Silicon Valley that encouraged Justice ac- whether the government’s action may seem remote to most small businesses tion against Microsoft are displaying ‘‘suici- and entrepreneurs, it does have an impact on against Microsoft, along with the con- dal’’ behavior. The door has been opened for and should be a concern to the entrepre- comitant actions of the state attorneys new regulations in an ‘‘industry relatively neurial sector of our economy. In general, general, will not actually hurt small free from government intrusions,’’ he warned antitrust actions are anti-entrepreneur, and businesses and entrepreneurs who have the industry at a CATO-sponsored event. the reasons go far beyond the basic idea that profited from Microsoft’s innovative A new period has dawned in corporate the next Microsoft lurks among today’s America where some feel safe running to the practice. Worse, significant harm may small or start-up firms, and will some day government for protection and solace rather have to face the wrath of antitrust regu- be done to our ability to compete and than responding to competition with better lators. to our very system of free enterprise, ways to serve consumers. Entrepreneurs as Consumers. Perhaps most by the draconian measures being put An activist antitrust division has helped to obviously, small businesses are affected by forward in these talks. fuel this rather co-dependent behavior. Its antitrust regulation in their role as con- Breaking up Microsoft or worse yet doors are thrust open to all pleaders who sumers. For example, small businesses are subjecting it and its suppliers to gov- wish to use the government to sideline or customers in almost every industry touched ernment approved contracting proce- district the competition. A costly govern- by antitrust actions—from telecommuni- cations to computers to gasoline to grain to dures will destroy business flexibility ment investigation is one way to put the best brains of a business competitor into the Internet. and substitute bureaucratic empire- nonproductive status, warding off potential Any time our most successful businesses building for free market competition bad press and other fallouts that often ac- come under regulatory assault, consumers as the force behind new initiatives. company an antitrust challenge. are bound to lose. Entangle companies in This would be tragic for all Americans The government’s pursuit of Microsoft is a antitrust litigation and resources are di- as it would deny us the economic bogus venture, according to Citizens Against verted away from serving consumers, and in- Government Waste. In October, the group re- stead put toward battling the government. growth, innovation and freedom that Just ask IBM. The increased costs of govern- open competition has provided for so leased a survey that showed 83 percent of the public views the case against Microsoft as a ment arrogantly overruling decisions made long. waste of federal and state taxpayer funds. in the marketplace ultimately fall on the I hope my colleagues will study these ‘‘With new evidence every day of the weak- backs of consumers. After all, the consumer and other materials as we consider the ness in the government’s case, it’s only a acts as final judge and jury in the market- place. They ultimately decide the success or proper course for antitrust law in our matter of whether the government wants to failure of mergers, who gains market share, political and economic systems. wait 13 years, as it did in the IBM case,’’ said and who loses market share. Transfer this CAGW president Tom Schatz. [From the Business Journal, January 18, power to government bureaucrats, and con- According to the antitrust division’s own 1999] sumers—including small businesses—obvi- literature, its work is supposed to be focused BIG ANTITRUST CASES WILL HURT ‘LITTLE ously suffer. on protecting consumers and our system of GUYS’ Entrepreneurs as Suppliers. In addition, free enterprise. What’s becoming more clear (By Karen Kenigan) government overriding the wisdom of mil- is that its work is doing much more to lions of individuals in the marketplace di- Small-business owners seldom go running thwart competition by protecting whiny rectly hurts small business and entre- to the federal government for protection competitors at the expense of free enter- preneurs who supply goods and services to when competition threatens their market prise. the firm under antitrust assault. Businesses position. who serve customers well and gain market But that, unfortunately, has become the [From Small Business Reg Watch, December share as a result, or those pulling off suc- strategy for some big businesses who see 1998] cessful mergers, create new opportunities for their market share eroding due to aggressive IS ANTITRUST ANTI-ENTREPRENEUR? entrepreneurs and small enterprises. Con- competition from a rival. (By Raymond J. Keating) sultants, construction businesses, food serv- The Antitrust Division of the Department ices, dry cleaners, retail stores, and seem- Once again, merger activity in the U.S. of Justice is currently being used by Amer- ingly countless other suppliers grow up economy has accelerated. Among the pro- ica’s top CEOs who give up on the market- around these larger businesses. These small- place, essentially using the government as a posed or consummated corporate marriages er businesses inevitably get hit with the fall- temporary cushion against bleeding market of 1998 are Chrysler Corporation and out from an antitrust attack on the larger share. Daimler-Benz, American Online Inc. and companies. But make no mistake, due to the desperate Netscape Communications Corp., Deutsche Entrepreneurs as Competitors. Some might pleadings of such big corporations, small Bank AG and Bankers Trust Co., Unum Corp, believe that smaller enterprises favor anti- businesses as consumers, suppliers—and even and Provident Cos., Tyco International Ltd. trust action as a means to hobble a domi- competitors—of successful big companies and AMP Inc., MCI Communications Corp. nant competitor. In fact, an overwhelming under attack will suffer from this excessive and WorldCom Inc., Cargill Inc. and Conti- number of antitrust assaults begin with a meddling in the marketplace. nental Grain Co., Bell Atlantic Corp. and faltering or less efficient firm trying to get Headed by Joel Klein, the antitrust divi- GTE Corp., Wells Fargo & Co. and Northwest the government to impede their successful sion is operating with renewed vigor. If you Corp., AT&T Corp. and TeleCommunications competitor. care to take a look at Justice’s web site, it Inc., Exxon Corp and Mobil Corp., along with However, this most certainly is a case proudly lists more than 274 antitrust cases a host of others. against antitrust action, not for it. The only brought by the U.S. government since De- Of course, such mergers raise the antennae possible beneficiary would be the firm seek- cember 1994 (along with amicus curiae briefs of government antitrust regulations at the ing government protection, and any result- in 31 other cases). U.S. Department of Justice (DoJ) and the ing advantage for that business would at April 27, 1999 CONGRESSIONAL RECORD — SENATE S4249 best be temporary as the market would still served consumers well, become successful, set for current and future businesses would be working to weed out inefficiencies and re- and/or frustrated its competitors who now be quite dangerous. veal their shortcomings—and justifiably so. seek political remedies to their own eco- Unfrotunately, Microsoft has been cor- In general, the entrepreneurial sector of nomic challenges. nered into a quagmire that no American the economy gains nothing by having gov- SBSC believes this is the case with the cur- company should be forced into by its own ernment step in and punish success, or dic- rent antitrust assault against the Microsoft government. From our perspective the ‘‘set- tate which companies are allowed to merge. Corporation. Microsoft is the most successful tlement talks’’ now taking place are a bogus Entrepreneurs vs. Regulators. Indeed, any U.S. company in recent memory. The firm set up against Microsoft. Having approached further empowerment of regulators does not gained market share by serving consumers ‘‘settlement’’ with reasonable alternatives to serve the over-regulated entrepreneur at all. well, not, for example, through any kind of the draconian regulations and ‘‘remedies’’ Government stepping in and dictating busi- government assistance. One would think sought by those hounding the company, the ness practices, assaulting efforts to gain that such a U.S. business exhibiting such federal government and attorneys general market share, and punishing success goes far global leadership would be praised, not pun- will undoubtedly portray Microsoft as ‘‘un- in shaking the confidence in and of business. ished. reasonable’’ and ‘‘greedy’’ because they will Under such circumstances, the business envi- You may be wondering, why should small not forsake principles that could cause long- ronment becomes inclement for all. And one business be concerned about the welfare of term damage to the industry. Of course, they can easily envision robust antitrust regula- corporate giants and their battles with DoJ? owe their biggest competitors nothing since tion spilling into other regulatory arenas. As the attached report points out, what they are the ones who instigated the suit and Entrepreneurs and Economics. The funda- eventually happens with these various anti- prodded the DoJ in the first place. mental problem with antitrust regulation is trust cases will have a dramatic impact on This good-old boy gang up by the govern- that it rests on unsound economics. In re- small businesses both as consumers and as ment and participating AG’s is a farce and a ality, the economy is not the sterile, neat entrepreneurs. I would even argue that re- waste of tax dollars. They have lost perspec- model of perfect competition taught in eco- newed DoJ activism has helped to embolden tive, and their law-enforcement priorities nomics textbooks and desired by government the regulatory spirit, across-the-board, with- are horribly misplaced. lawyers. Instead, it is a tumultuous, ongoing in the federal government. I urge Members of Congress to review the struggle among enterprises to create tem- What eventually happens with the Micro- following materials, and take a close look at porary monopolies through innovation, in- soft case-Whether it be more regulation, or current antitrust policies, which work vention and efficiencies. Those temporary one or more of the various ‘‘remedies’’ that against entrepreneurship, business, U.S. eco- monopolies are subsequently attacked and have been publicly floated and discussed nomic leadership and consumers. We believe surpassed by competitors. Entrepreneurs, (most recently by the state AG’s)—will have the Congress has the obligation to ask why unlike many in government, understand this a deep and long-lasting impact on the high- the DoJ is placing such a priority on the rivalry between current and future competi- tech industry. Small businesses, entre- ‘‘get Microsoft’’ effort when more important tors. preneurs and their workforce will be the ulti- law enforcement issues appear to be in the Indeed, it is difficult, if not impossible, to mate losers—not to mention the economy greater national interest. think of a true monopoly—i.e., one supplier and all consumers. The ‘‘remedies’’ being dis- Sincerely, in an industry with no real or close sub- cussed by opponents of Microsoft, as well as KAREN KERRIGAN, stitutes—ever emerging from the competi- the wish-list drawn up by the attorneys gen- President. tive marketplace. Where true monopolies eral who have joined the federal govern- f have existed, it was the government that ei- ment’s lawsuit are draconian-plain and sim- ther created, aided, or protected it (e.g., te- ple. As a country whose free enterprise sys- DAIRY COMPACTS lephony, electricity, and education). The tem has made the United States the envy of Mr. FEINGOLD. Mr. President, I rise the world, SBSC is both ashamed and dis- vaunted idea of predatory pricing—whereby in strong opposition to legislation in- a business lowers it prices below cost in turbed that these ‘‘remedies’’ are even being order to destroy competitors, monopolize the discussed. troduced today by my colleagues Sen- market, and then hike prices dramatically— The very notion of monopoly or monopoly ator JEFFORDS, Senator LEAHY, Sen- fails the reality test. It’s never happened. power in today’s dynamic, extremely fluid ator COCHRAN and Senator SPECTER. The potential losses such a strategy would computer market is rather preposterous. They have introduced a measure which have to incur would be enormous and unpre- Make no mistake, Microsoft competes will further aggravate the inequities of dictable. And even if it were to eventually against current, emerging and future com- the Federal Milk Marketing Order sys- succeed, consumers would have benefited petitors. Does anyone seriously doubt that it Microsoft slips and does not stay at the cut- tem. Their legislation will make per- enormously, and subsequent price increases manent and expand the Northeast would bring competitors back into the mar- ting edge. It will falter just like any business ket. in a highly competitive industry? Interstate Dairy Compact and will au- Antitrust regulation at its core is con- In the accompanying materials, SBSC dis- thorize the establishment of a southern tradictory. It purports to protect consumers cusses many of these antitrust issues, as well dairy compact. from evil monopolies and so-called ‘‘anti- as others. I particularly draw your attention Despite the discrimination against competitive activity,’’ but it is, in fact, con- to the report by our chief economist Ray- dairy farmers in Wisconsin under the sumers who make the final decisions in the mond J. Keating which asks the question ‘‘Is Federal Dairy policy known as the Eau market. In this light, antitrust regulation is Antitrust Anti-Entrepreneur?’’ The answer, as you shall see, is ‘‘yes.’’ Claire rule, the 1996 Farm Bill provided revealed to be little more than another the final nail in the coffin when it cre- elitist government effort to protect us from Finally, I would like to mention two re- ourselves. Antitrust actions generally seek cent articles in the Seattle Times and New ated and authorized for 3-years, the ex- to supplant the consumer with the govern- York Times which report on a wish list of istence of the Northeast Interstate ment regulator as final arbiter in order to punishments against Microsoft contemplated Dairy Compact. The Northeast Inter- protect politically connected businesses who by the state attorneys general. I say the state Dairy Compact sounded benign in fail to adequately compete. least, these are quite disturbing. The 19 state attorneys general who joined 1996, but its effect has been anything In the end, small businesses and entre- the federal government’s misguided anti- but, magnifying the existing inequities preneurs are not immune to the costs of gov- trust lawsuit against Microsoft are consid- of the system. ernment antitrust activism. None of us are. ering several punishments if the govern- The bill which authorized the North- EXHIBIT 1. ment’s lawsuit succeeds, including breaking east Interstate Dairy Compact estab- SMALL BUSINESS SURVIVAL COMMITTEE, the company into two or three parts based lished a commission for six North- Washington, DC, April 13, 1999. on product lines, breaking the company into eastern States—Vermont, Maine, New Hon. DENNIS HASTERT, three equal parts with each possessing Hampshire, Massachusetts, Rhode Is- Speaker of the House, Microsoft’s source code and intellectual U.S. House of Representative, Washington, DC. property, or forcing the company to license land, and Connecticut. This commis- Hon. TRENT LOTT, or auction off its Windows trademark and sion set minimum prices for fluid milk Majority Leader, source code to other companies. Other pro- higher even than those established U.S. Senate, Washington, DC. posals reportedly under consideration in- under Federal Milk Marketing Orders. DEAR SPEAKER HASTERT AND SENATOR clude extensive fines, giving government reg- Never mind that the Federal milk mar- LOTT: The Small Business Survival Com- ulators ongoing access to the company’s e- keting order system, under the Eau mittee (SBSC), a nonpartisan, nonprofit mail and documents, that Microsoft seek Claire rule, already provided farmers in small business advocacy group with more government approval before acquiring any the region with minimum prices higher than 50,000 members, is very concerned about software company, and forced standardiza- the growing antitrust activism exhibited by tion of Microsoft contracts. than those received by most other the U.S. Department of Justice. It often These would be outrageous governmental dairy farmers throughout the nation. seems that an antitrust regulatory assault is intrusions into one of the top U.S. businesses The compact, which controlled three launched simply because a business has in the world. If carried out, the precedents percent of the country’s milk, not only S4250 CONGRESSIONAL RECORD — SENATE April 27, 1999 allowed the six States to set artifi- policies. It’s time to bring justice to that the House has agreed to the fol- cially high prices for their producers, it federal dairy policy, and give Wis- lowing concurrent resolution, in which allowed them to block entry of lower consin Dairy farmers a fair shot in the it requests the concurrence of the Sen- priced milk from producers in com- market place. ate: peting States. To give them an even I urge my colleagues not to buy into H. Con. Res. 92. Concurrent resolution Ex- bigger advantage, processors in the re- the rhetoric surrounding this issue. I pressing the sense of Congress with respect gion get a subsidy to export their high- urge you to work together towards fair to the tragic shooting at Columbine High er priced milk to noncompact States. national dairy policy. A policy that School in Littleton, Colorado. It’s a windfall for Northeast dairy provides all dairy producers a fair price ENROLLED BILL SIGNED farmers. It’s also plainly unfair and un- for their commodity, a policy that al- At 5:00 p.m., a message from the just to the rest of the country. lows all of this country’s dairy pro- House of Representatives, delivered by Mr. President, the Northeast Inter- ducers to succeed on the basis of hard one of its reading clerks, announced state Dairy Compact (NEIDC) is set to work and a good product. that the Speaker has signed the fol- expire at the implementation of I urge my colleagues to oppose this lowing enrolled bill: USDA’s new Federal Milk Market legislation and to join me in the fight H.R. 800. An act to provide for education Order system. According to the Omni- against its passage. flexibility partnerships. bus Appropriations measure passed last f The enrolled bill was signed subse- year, the expiration date of the NEIDC quently by the President pro tempore is scheduled for October 1, 1999. Now, MESSAGE FROM THE PRESIDENT (Mr. THURMOND). Members of Congress are pushing for A message from the President of the f an extension and expansion of the ex- United States was communicated to isting milk cartel and for the author- the Senate by Mr. Williams, one of his EXECUTIVE AND OTHER ization of another. secretaries. COMMUNICATIONS To make clear the magnitude of this legislation on producers and consumers EXECUTIVE MESSAGE REFERRED The following communications were we need to only look at the numbers. As in executive session the Presiding laid before the Senate, together with Currently, three percent of milk is Officer laid before the Senate a mes- accompanying papers, reports, and doc- under a compact, conceivably, under sage from the President of the United uments, which were referred as indi- this new measure, over 40% of this States submitting a nomination which cated: country’s milk will be affected. More was referred to the Committee on For- EC–2706. A communication from the Man- importantly, one hundred percent of eign Relations. aging Director of the Federal Housing Fi- this country’s milk prices will be af- (The nomination received today is nance Board, transmitting, pursuant to law, fected—in Wisconsin, prices will be ad- printed at the end of the Senate pro- the annual report under the Government in ceedings.) the Sunshine Act for calendar year 1998; to versely affected. the Committee on Governmental Affairs. f These compacts amount to nothing EC–2707. A communication from the Acting short of government-sponsored price REPORT OF AN EXECUTIVE ORDER General Counsel of the Department of De- fixing. They are unfair, and bad policy. RELATIVE TO RESERVE MEM- fense, transmitting, proposed legislation rel- Now, my colleagues would like you to BERS OF THE ARMED FORCES ative to various management concerns; to make this compact permanent, expand the Committee on Government Affairs. TO ACTIVE DUTY—MESSAGE it to include other states, and author- EC–2708. A communication from the Direc- FROM THE PRESIDENT—PM 20 ize a southern dairy compact. After tor, Office of Management and Budget, Exec- three years, we know that dairy com- The PRESIDING OFFICER laid be- utive Office of the President, transmitting, pacts: fore the Senate the following message pursuant to law, the Information Collection from the President of the United Budget of the U.S. Government for fiscal Blatantly interfere with interstate year 1999; to the Committee on Govern- commerce and wildly distort the mar- States, together with an accompanying mental Affairs. ketplace by erecting artificial barriers report; which was referred to the Com- EC–2709. A communication from the Gen- around one specially protected region mittee on Armed Services. eral Counsel, Office of Management and of the Nation; To the Congress of the United States: Budget, Executive Office of the President, Arbitrarily provide preferential price transmitting, pursuant to law, a notice of a I have today, pursuant to section treatment for farmers in the Northeast vacancy in the OMB office; to the Committee 12304 of title 10, United States Code, at the expense of farmers in other re- on Governmental Affairs. authorized the Secretary of Defense, gions who work just as hard, who love EC–2710. A communication from the Comp- and the Secretary of Transportation their homes just as much and whose troller General of the United States, trans- mitting, pursuant to law, various reports products are just as good—maybe bet- with respect to the Coast Guard, when it is not operating as a service within issued or released during February 1999; to ter in Wisconsin; the Committee on Governmental Affairs. Irresponsibly encourage excess milk the Department of the Navy, under their respective jurisdictions, to order EC–2711. A communication from the Sec- production in one region without es- retary of Housing and Urban Development, tablishing effective supply control. to active duty any units, and any indi- transmitting, pursuant to law, the Govern- This practice flaunts basic economic vidual members not assigned to a unit ment National Mortgage Association man- principles and ignores the obvious risk organized to serve as a unit, of the Se- agement report for fiscal year 1998; to the that it will drive down milk prices for lected Reserve, or any member in the Committee on Governmental Affairs. producers everywhere else in the coun- Individual Ready Reserve mobiliza- EC–2712. A communication from the Chair- tions category and designated essential man, U.S. Merit Systems Protection Board, try; transmitting, pursuant to law, the annual Raises retail milk prices on the mil- under regulations prescribed by the Secretary concerned. These reserves statistical report for fiscal year 1998; to the lions of consumers in the Compact re- Committee on Governmental Affairs. will augment the active components in gion; f Imposes higher costs on every tax- support of operations in and around the payer because we all pay for nutrition former Yugoslavia related to the con- PETITIONS AND MEMORIALS flict in Kosovo. programs such as food stamps and the The following petitions and memo- A copy of the Executive order imple- national school lunch programs that rials were laid before the Senate and menting this action is attached. provide milk and other dairy products. were referred or ordered to lie on the As a price-fixing device, the North- WILLIAM J. CLINTON. table as indicated: east Interstate Dairy Compact was un- THE WHITE HOUSE, April 27, 1999. POM–37. A resolution adopted by the City precedented in the history of this Na- f Council of Cincinnati, Ohio relative to tion. As a dairy cartel, it is a poor leg- MESSAGES FROM THE HOUSE awarding a gold medal to Rosa Parks; or- islative fix and bad precedent to deal dered to lie on the table. with low milk prices. At 4:57 p.m., a message from the POM–38. A petition from the Common- Wisconsin’s dairy farmers are being House of Representatives, delivered by wealth of Puerto Rico; to the Committee on economically crippled by federal dairy one of its reading clerks, announced Energy and Natural Resources. April 27, 1999 CONGRESSIONAL RECORD — SENATE S4251

CERTIFICATION ed and experienced sculptor who should be Be it further resolved, That should be efforts After the conclusion of the General Can- chosen by a committee of select persons suit- of the Eisenhower Foundation, Inc. and the vass as disposed in Article 6.008 the Electoral ably qualified to recommend the selection of commission of representatives of civic, fra- Law of Puerto Rico and in conformity with such sculptor, and the trustees of the Eisen- ternal and patriotic organizations of this Article 29 of Law 249 of August 17, 1998, the hower Foundation should name such a select state be unable to fulfill the object of this Plebiscite Law of December 13, 1998, we cer- commission; and resolution, and the City of Atchison and the tify the following official results of the Pleb- Whereas, When an appropriate sculptor has Atchison Chamber of Commerce be unable to iscite held on December 13, 1998. been selected to create the statue of Dwight successfully fund the placement of a statue David Eisenhower, the trustees of the Eisen- of Amelia Earhart in Statuary Hall and ISLAND WIDE RESULTS hower Foundation, Inc. would be suitable to transporting the statue of Senator Ingalls contract with the sculptor with funds ob- back to Kansas, the Kansas Department of Votes Percent tained as indicated in this preamble for the Commerce and Housing is tasked to take ac- creation of such a statue; and tion ultimately providing a statue of Dwight None of the Above ...... 787,900 50.3 Whereas, When the statue of Dwight David Petition Number 3 ...... 728,157 46.5 David Eisenhower and Amelia Earhart for Petition Number 4 ...... 39,838 2.5 Eisenhower is completed, necessary plans placement in Statuary Hall; and Petition Number 2 ...... 4,536 0.3 need to be made and action needs to be taken Be it further resolved, That the cost of the Petition Number 1 ...... 993 0.1 to transport the statue to Washington, D.C. *Others: ...... 4,846 0.3 creation of the statue of Dwight David Ei- for installation in Statuary Hall and for the senhower, as well as the costs for trans- *Ballots in blank: 1,890; void: 2,956. return of Governor Glick’s statue to Kansas porting the statue of Dwight David Eisen- for installation in the state capitol in To- Registered Voters: 2,197,824. hower to Washington, D.C. and transporting peka; and Participation: 71.3%. the statue of Governor Glick to the state Whereas, Should the Eisenhower Founda- Total voting polls: 5,611 of 5,611 for a 100%. capitol in Topeka, plus incidental costs for tion, Inc. be unable or unwilling to perform installation of statues in their permanent lo- POM–39. A concurrent resolution adopted the functions described in this preamble, the responsibility for the creation and installa- cations and the essential costs of any unveil- by the Legislature of the State of Kansas; to ing ceremonies should be borne by the state the Committee on Rules and Administration. tion of the statue of Dwight David Eisen- hower should be assumed by the Kansas De- of Kansas through the use of private or pub- SENATE CONCURRENT RESOLUTION NO. 1617 partment of Commerce and Housing; and lic funds; and Whereas, By act of Congress, each state is Whereas, Kansas has another hero, Amelia Be it further resolved, That the secretary of invited to provide and furnish statues, not Earhart, a native of Atchison, who as a pio- state is directed to transmit enrolled copies exceeding two in number, of deceased per- neer for women in aviation lost her life of this resolution to the President of the sons who have been citizens thereof and il- under still unknown circumstances, as is a Senate of the United States, the Speaker of lustrious for their historic renown or for dis- Kansas worthy of recognition by placing a the House of Representatives of the United tinguished civic or military services, such as statue of her in Statuary Hall. Further, it is States, each member of the Kansas delega- the state shall determine to be worthy of na- appropriate that the statute of Amelia Ear- tion in the Congress of the United States, tional commemoration in a national stat- hart be substituted for that of another Atch- the Governor and Lieutenant Governor of uary hall; and ison native, former U.S. Senator John James the state of Kansas and to each of the trust- Whereas, The state of Kansas has had one Ingalls, whose statute should be returned to ees of the Eisenhower Foundation, Inc. citizen, Dwight David Eisenhower, who Kansas for an appropriate placement: Now, stands alone in the history of this state in therefore, be it POM–40. A joint resolution adopted by the achievement of a distinguished career in Resolved by the Senate of the State of Kansas, Legislature of the State of Vermont; to the both the civic and military services, a man the House of Representatives concurring there- Committee on Appropriations. whose destiny led him from a boyhood home in, That the legislature of the state of Kan- JOINT HOUSE RESOLUTION in Abilene, Kansas, to lead the armies of his sas respectfully requests that the Congress Whereas, Veterans’ Administration (VA) nation and those of the free world in one of of the United States return the statute of hospitals provide medical care for veterans, the greatest and most historic military en- George W. Glick earlier presented by the including men and women, who have risked gagements of all time and to lead the people state of Kansas for placement in Statuary their lives to protect the security of our na- of his nation in peace as the 34th president of Hall and accept in return, for placement in tion, and the United States; and Statuary Hall, a statue of Dwight David Ei- Whereas, the mission of the White River Whereas, Dwight David Eisenhower, citizen senhower, a citizen of the free world, and Junction VAMROC is to ‘‘serve veterans and of Kansas, General of the Army, President of worthy of national commemoration in Stat- their families in a proficient, dependable and the United States and honored and respected uary Hall; and friend of presidents, kings and leaders and Be it further resolved, That the legislature compassionate manner within an environ- peoples of the free world is eminently worthy of the state of Kansas, on behalf of the peo- ment that focuses on quality health care, of national commemoration in a national ple of this state and on behalf of this state benefits & services, research & education and statuary hall; and itself, respectfully requests the trustees of support of the Department of Defense,’’ and Whereas, The state of Kansas in years past the Eisenhower Foundation, Inc. to appoint Whereas, in 1932, White River Junction was did provide for the placing of two statues of a commission of representatives of civic, fra- chosen by the Veterans’ Administration as a distinguished citizens of Kansas in statuary ternal and patriotic organizations of this site for a regional hospital which was then hall; and state, and to convey to such commission a built on a 176-acre site donated by the Town Whereas, One of such statues is of the Hon- charge to organize a solicitation for funds of Hartford for that purpose, and orable George W. Glick, a man who although for the creation of a statue of Dwight David Whereas, building 1 was completed in 1938 he did not hold national office or win na- Eisenhower as contemplated by this resolu- and successive buildings have been built and tional or international acclaim, was a most tion. Such trustees are further requested to the facility and its services have been con- honored and distinguished governor and leg- provide management assistance to such com- tinuously expanded and improved since that islative and civic leader in the state of Kan- mission and to receive and employ the funds date, and sas; and so obtained to acquire such statue for place- Whereas, the White River Junction Whereas, Governor Glick can best be hon- ment in Statuary Hall in the capitol of this VAMROC has steadfastly provided quality ored by locating his statue in a place of nation. Such trustees are further requested health care and efficient benefit administra- honor in the capitol of the state of Kansas to appoint a committee of persons suitably tion to veterans who have served with dedi- where it may be enjoyed by our citizens and qualified to select a gifted and experienced cation and courage to protect and defend the visitors; and sculptor to create a suitable statue of United States, and has provided solace and Whereas, The people of the state of Kansas Dwight David Eisenhower. Such trustees are community to veterans and their families, wish to furnish a statue of Dwight David Ei- further requested to contract with such and senhower for placement in Statuary Hall in sculptor with funds obtained as indicated in Whereas, the White River Junction the capitol of this nation, with such statue this resolution for the creation of such stat- VAMROC has developed into an outstanding hopefully being provided by the citizens of ue. Thereupon such trustees are further re- teaching hospital, utilizing cutting edge the state of Kansas through the efforts of the quested to make the statue so created of technology, and is an essential source of Eisenhower Foundation, Inc.; and Dwight David Eisenhower available for learning opportunities for medical students Whereas, The creation of the statue of placement in Statuary hall, the same to then and physicians in training in a northern New Dwight David Eisenhower depends upon the be owned by the Congress of the United England teaching hospital with the potential willingness of the trustees of the Eisenhower States; and to encourage rural physician placement, and Foundation, Inc. to organize a solicitation Be it further resolved, That the City of Whereas, the White River Junction through appropriate representatives of the Atchison and the Atchison Chamber of Com- VAMROC has developed into a premier re- civic, fraternal and patriotic organizations merce should be tasked to find funds for the search facility, conducting studies on Gulf of this state and the handling by such trust- costs of the creation, transportation and in- War illnesses, and delivery of cost-effective ees of the funds so solicited; and stallation of the statue of Amelia Earhart in outpatient services, and Whereas, A suitable statue of Dwight Statuary Hall and for returning the statute Whereas, the current and possible future David Eisenhower must be created by a gift- of Senator Ingalls to Kansas; and funding reductions threaten to harm vital S4252 CONGRESSIONAL RECORD — SENATE April 27, 1999 infrastructures that are indispensable for op- ating problems similar to the problems the Resolved, That suitable copies of this reso- timal patient care such as the in-patient sur- gas tax creates for transportation; and lution, duly authenticated by the Secretary gical unit, anesthesia staff, medicine and Whereas, states cannot support an infra- of State, be transmitted to the Honorable psychiatry units, and structure to administer the employment se- William J. Clinton, President of the United Whereas, the current financial crisis at the curity system, provide veterans’ reemploy- States; the President of the United States White River Junction VAMROC may be miti- ment assistance, and produce labor market Senate; the Speaker of the House of Rep- gated if new and creative funding options information, without adequate, predictable resentatives of the United States; the Presi- were explored, including innovative research resources; and dent of the Senate or the equivalent officer on the delivery of health services to vet- Whereas, delivering services with inad- in the 49 other states; the Speaker of the erans, and equate federal funding is a major challenge House or the equivalent officer in the 49 Whereas, the priority of serving veterans facing the State of North Dakota and Job other states; the United Nations Secretary- must be absolute and irrevocable, and must Service North Dakota: Now, therefore, be it General, Kofi Annan; and each member of be the foundation for medical care at this Resolved by the House of Representatives of the Maine Congressional Delegation. hospital, regardless of any new models of North Dakota, the Senate concurring therein, health care delivery, and That the Fifty-sixth Legislative Assembly POM–43. A resolution adopted by the House Whereas, any eliminated services would be urges the Congress of the United States to of the Legislature of the State of Michigan; very difficult and costly to replace or restart enact legislation to return adequate funds to to the Committee on Veterans’ Affairs. and would threaten the level of care of other states to fund the employment security sys- HOUSE RESOLUTION NO. 26 services of both in-patient and out-patient tem and give a fair return to employers for Whereas, The veterans who are treated at units, now therefore be it the taxes employers pay under the Federal the Iron Mountain VA Medical Care Facility Resolved by the Senate and House of Rep- Unemployment Tax Act; and (VAMCF) have served our country with ex- resentatives, That the General Assembly ur- Be it further resolved, That the Secretary of treme dedication. They are deserving of our gently requests that the United States Con- State send copies of this resolution to the respect and care every day, not just on Vet- gress maintain stable and permanent funding Speaker and Clerk of the United States erans Day. We urge administrators and di- of the White River Junction VAMROC, and House of Representatives, to the President rectors at the Veterans Affairs Health Ad- be it further Pro Tempore and Secretary of the United ministration to prevent the implementation Resolved, That the Governor and the States Senate, to the news media of North of a policy that would greatly reduce the Vermont Congressional Delegation, are ur- Dakota, and to each member of the North level of quality health care services for our gently requested to support the White River Dakota Congressional Delegation. veterans, especially in the Upper Peninsula Junction VAMROC to strengthen its capac- and northern Wisconsin; and ity to provide Vermont’s veterans with med- POM–42. A joint resolution adopted by the Whereas, The Iron Mountain VA Medical ical care and benefit services, to serve as a Legislature of the state of Maine; to the Care Facility covers a patient service area of premier teaching facility, and to engage in Committee on Foreign Relations. over 25,000 square miles. Veterans from the essential research of benefits to veterans and JOINT RESOLUTION NO. 1388 Upper Peninsula and northern Wisconsin de- the practice of medicine in Vermont, and be Whereas, We your Memorialists, the Mem- pend on the full range of services provided by it further bers of the One Hundred and Nineteenth Leg- this facility. It is callous to ask veterans suf- Resolved, That Vermont’s Congressional islature of the State of Maine, now assem- fering from illness to travel approximately Delegation in conjunction with the Veterans’ bled, in the First Regular Session, most re- 300 miles (Sault Ste. Marie to Iron Moun- Administration and veteran service organi- spectfully present and petition the President tain) and then another 200 miles (Iron Moun- zations are requested to investigate the of the United States and the United States tain to Milwaukee) by bus to receive care. broadening of the White River Junction Congress, as follows: This is what the Department of Veterans Af- VAMROC patient base, provided that the pri- Whereas, the United Nations Convention fairs is asking of our veterans in the Upper ority of serving Veterans remains absolute on the Elimination of All Forms of Discrimi- Peninsula. In December of 1998, the VA bus and irrevocable, and be it further nation Against Women was adopted by the broke down on the way to Milwaukee with 34 Resolved, That the Secretary of State be di- United Nations General Assembly on Decem- veterans who needed care. A second bus was rected to send a copy of this resolution to ber 18, 1979, became an international treaty called from Milwaukee to pick up the vet- the President of the United States, William on September 3, 1981 and as of December 1997 erans and it also broke down. This is not a Jefferson Clinton, Vice President Albert has been ratified or acceded to by 161 na- situation that facilitates a return to health; Gore, Veterans’ Administration Secretary tions; and and Togo D. West, Jr., Vermont Governor How- Whereas, although the United States is Whereas, There is a need for an increase of ard Dean, New Hampshire Governor Jean considered a world leader in human rights, hospital beds in Iron Mountain, not a de- Shaheen, New Hampshire Senate President supports and has a position of leadership in crease. Several years ago, this hospital had Clesson Blaisdell, New Hampshire House the United Nations, was an active partici- approximately 200 beds. The decrease to the Speaker Donna Sytek, to each member of pant in the drafting and is a signatory of the current 17 beds far surpasses the national de- the Vermont and New Hampshire Congres- convention, the United States is one of the crease of VA bed utilization and places a tre- sional Delegation, and to all Veterans’ orga- few nations that have not ratified the treaty; mendous hardship on our veterans and their nizations registered with the State Veterans’ and families; and Affairs Office at 118 State Street, Montpe- Whereas, the spirit of the convention is Whereas, By providing quality outpatient lier, VT. rooted in the goals of the United Nations and services to veterans closer to their homes, the United States, which seek to affirm faith the quality of care and the number of vet- POM–41. A concurrent resolution adopted in fundamental human rights, in the dignity erans served has been substantially im- by the Legislature of the State of North Da- and worth of the person and in the equal proved. It does not make sense to reduce kota; to the Committee on Appropriations. rights of men and women; and services to a facility that is providing much HOUSE CONCURRENT RESOLUTION NO. 3039 Whereas, the convention provides a com- needed and necessary services. It is wrong to Whereas, employers pay a federal employ- prehensive framework for challenging the force our veterans to travel many hours, in ment security tax under the Federal Unem- various forces that have created and sus- harsh conditions, away from their families, ployment Tax Act [68A Stat. 439; 26 U.S.C. tained discrimination based on sex against and more appropriate to continue to provide 3301 et seq.] as a payroll tax that produces half of the world’s population and the 161 na- the full range of services our veterans de- revenue dedicated solely to use in the fed- tions that have ratified the convention have serve at the Iron Mountain VA Medical Care eral-state employment security system; and agreed to follow the convention prescrip- Facility: Now, therefore, be it Whereas, employers’ payroll taxes pay for tions; and Resolved by the House of Representatives, administering the employment security sys- Whereas, although women have made That we memorialize the Congress of the tem; providing veterans’ reemployment as- major gains in the struggle for equality in United States and the Veterans Affairs Ad- sistance, and producing labor market infor- social, business, political, legal and edu- ministration to prevent the reduction of hos- mation to assist in matching workers’ skills cational fields, there is much more to be ac- pital bed capacity at the Iron Mountain Vet- with the employment needs of employers; complished; and through its support, leader- erans Administration Medical Care Facility; and ship and prestige, the United States can help and be it further Whereas, congressional appropriations create a world where women are no longer Resolved, That a copy of this resolution be have remained flat in Wagner-Peyser fund- discriminated against and have achieved one transmitted to the President of the United ing, despite adequate availability of funds of the most fundamental of human rights, States Senate, the Speaker of the United from dedicated employer taxes because the equality; now, therefore, be it States House of Representatives, the mem- Federal Unemployment Tax Act accounts Resolved, That We, your Memorialists, re- bers of the Michigan congressional delega- are used for federal budget deficit reduction; quest the President of the United States and tion, Dr. Togo West, Jr., Secretary, Veterans and the United States Congress to ratify the Health Administration, Dr. Kenneth Kizer, Whereas, congressional appropriations United Nations Convention on the Elimi- Undersecretary of Health, VA Administra- have not kept pace with fixed costs of oper- nation of All Forms of Discrimination tion, Dr. Hershel Gober, Deputy Secretary ating the employment security system, cre- Against Women; and be it further for Health, VA Administration and Dr. J. April 27, 1999 CONGRESSIONAL RECORD — SENATE S4253 Cummings, Regional VA Network Director, Resolved by the Senate and the House of Rep- Committee on Environment and Public Department of Veterans Affairs. resentatives of the State of Montana, Works. (1) That grizzly bears not be released into JOINT RESOLUTION 1492 POM–44. A resolution adopted by the Leg- the Selway-Bitterroot and Frank Church We, your Memorialists, the Members of the islature of the State of Montana; to the River-of-No-Return wilderness complex as One Hundred and Nineteenth Legislature of Committee on Environment and Public part of the federal grizzly bear recovery pro- the State of Maine now assembled in the Works. gram. First Regular Session, most respectfully JOINT RESOLUTION 4 (2) That control of grizzly bear populations by the United States Fish and Wildlife Serv- present and petition the members of the Con- Whereas, it is widely believed that the gress of the United States, as follows: grizzly bear is classified as ‘‘threatened’’ or ice be ended and that the management of grizzly bears within the borders of Montana Whereas, the Federal Government under ‘‘endangered’’ only as a result of an arbi- and Idaho be returned to the fish and wildlife the Clean Air Act requires the use of an oxy- trary designation of habitat areas by the agencies of those respective states. genate for gasoline at a minimum of 2% of United States Fish and Wildlife Service (3) That the grizzly bear be removed from content by weight; and (USFWS) and that the grizzly bear is, in re- the list of threatened or endangered species, Whereas, the State has serious concerns ality, neither ‘‘threatened’’ nor ‘‘endan- based on evidence of the viability of grizzly about the presence of methyl tertiary-butyl gered’’ because the State of Montana suc- bear populations in Montana, Idaho, Wyo- ether or MTBE, an oxygenate in reformu- cessfully maintained a viable, breeding popu- ming, Alaska, and Canada. lated gasoline, in groundwater; and lation of grizzly bears for years prior to the (4) That if the United States government Whereas, the prescriptive requirements in arbitrary USFWS classification; and persists in its proposal to introduce grizzly the Clean Air Act for oxygenate content Whereas, grizzly bear populations continue bears into the Selway-Bitterroot and Frank limit our State’s ability to address our to thrive, breeding and maintaining their Church River-of-No-Return wilderness com- groundwater contamination issues: Now, populations in suitable habitat in other plex and succeeds in placing grizzly bears in therefore, be it areas; and those areas, the United States government Resolved, That we, your memorialists, re- Whereas, the habitat in the Selway-Bitter- be held financially liable for any damages to spectfully urge and request that the United root Wilderness is considered to be an inad- livestock and other domestic animals and to States Congress remove the requirement in equate ecosystem for supporting grizzly property, for loss of life, and for personal in- the Clean Air Act for 2%-by-weight oxygen- bears; and jury arising from the actions of the grizzly ate in reformulated gasoline so that addi- Whereas, predation by grizzly bears is bears and of United States government tional alternate fuel mixtures may be avail- known to impose uncompensated costs and agents engaged in the grizzly bear recovery able for use in Maine; and be it further hazards to livestock growers and other citi- program, including economic losses suffered Resolved, That suitable copies of this reso- zens; and by individuals or communities as a result of lution, duly authenticated by the Secretary Whereas, enforcement by federal agencies actions related to the program. of State, be transmitted to the Honorable of arbitrary and capricious rules and regula- (5) That the Secretary of State send copies William J. Clinton, President of the United tions devised to exclude any real or imagined of this resolution to the members of the States, the President of the Senate and the intrusion or disturbance to grizzly bears in Montana and Idaho Congressional Delega- Speaker of the House of Representatives of recovery areas has caused the loss of many tions, the Director of the United States Fish the Congress of the United States and to millions of dollars in personal and corporate and Wildlife Service, the President of the each member of the Maine Congressional income, the loss of many jobs, the displace- United States Senate, and the Speaker of the Delegation. ment of families, the loss of needed revenue United States House of Representatives. to the State of Montana, and the virtual POM–47. A resolution adopted by the House closing of large areas of national forest land POM–45. A resolution adopted by the House of the Legislature of the State of Michigan; in Montana to traditional uses, such as lum- of Legislature of the State of Michigan; to to be Committee on Finance. bering, driving for pleasure, gathering fire- the Committee on Environment and Public HOUSE RESOLUTION NO. 14 wood, and berry picking; and Works. Whereas, the Selway-Bitterroot and Frank Whereas, After a long and arduous effort, HOUSE RESOLUTION NO. 17 Church River-of-No-Return wilderness com- the states reached a settlement with several Whereas, After considerable debate, Con- plex is the only remaining wilderness in the tobacco companies for damages to the gress and the administration agreed in 1998 geographical area where wilderness travelers public’s health and to reform certain indus- to a transportation measure that set place a can pursue a wilderness experience without try practices, including the impact of certain formula for transportation spending. This fear of encountering grizzly bears; and marketing efforts on children. The 1998 Whereas, introduction of grizzly bears into agreement provided that unanticipated reve- multi-billion dollar settlement extends over the Selway-Bitterroot Wilderness will com- nues would go to specific types of projects; twenty-five years and includes the payment and plicate or further frustrate efforts to in- of money directly to the states and to funds Whereas, Historically low costs for gaso- crease populations of anadromous salmon established to address specific components of line have spurred a significant increase in the settlement; and that traditionally spawn in the rivers and gas tax revenue. In addition to the direct im- streams of the Selway-Bitterroot Wilderness; Whereas, In the time since the settlement pact of the lower price per gallon while the was reached, federal officials have raised and tax per gallon is constant, the glut of oil in Whereas, introduction of grizzly bears into various proposals for the federal government the marketplace has also encouraged the the Selway-Bitterroot and Frank Church to claim portions of the settlement money. purchase and use of larger, less fuel efficient River-of-No-Return wilderness complex will This possibility prompted legislation in the vehicles. As a result, gas tax revenues are further increase the rate of bear predation of 105th Congress seeking to prohibit the fed- higher than expected; and eral government from seizing any state to- the northern Idaho elk herd, a herd that is Whereas, The administration has re- bacco settlement funds. Legislation has been an important asset to outfitters, guides, and sponded to the increased money available by residents of western Montana and northern proposing several new programs. A great introduced in the 106th Congress, H.R. 351 Idaho; and number of these proposals are outside of the and S. 346, to safeguard the states’ money by Whereas, social benefits derived from the agreed upon provisions for transportation prohibiting the Secretary of Health and bear introduction program are drastically spending. The proportions and projects Human Services from considering this out of proportion to the costs to the public agreed upon provide a reliable tool for states money recoverable under Medicaid; and of capturing, transporting, examining, re- in projecting how to meet future needs. It Whereas, The settlement reached by the leasing, monitoring, and otherwise managing would be wrong for the federal government states and the tobacco industry was the re- an introduced population of grizzly bears, to ignore the agreement and the ability of sult of risks, expenses, and initiatives of the and those funds are more urgently needed to the states to fill transportation needs as best states. They have every right to the funds to help finance real and essential social pro- serves their citizens: Now, therefore, be it cover state health damages and costs. In car- grams; and Resolved by the House of Representatives, rying out the settlement provisions, the Whereas, programs undertaken under the That we memorialize the President and the states must have the assurance that there authority of Public Law 93–205, the federal Congress of the United States to refrain from will not be impediments to the settlement Endangered Species Act of 1973, including divesting transportation money from the from any federal agency, including directives the grizzly bear recovery program, place the purposes and formula already in place; and on how any of the funds can be spent. There lives, property, and freedom of local citizens be it further can be no cloud of uncertainty hanging over and visitors in jeopardy of the wrath of the Resolved, That copies of this resolution be the states as they project future activities in United States government in the event of ac- transmitted to the President of the United carrying out the directives of the agreement: cidental or mistaken actions by citizens that States, the President of the United States Now, therefore, be it could be judged as infringement on a listed Senate, the Speaker of the United States Resolved by the House of Representatives, species or the habitat of a listed species and House of Representatives, and the members That we memorialize the Congress to enact further expand the body of laws and regula- of the Michigan congressional delegation. legislation to prohibit the federal govern- tions of which United States citizens might ment from claiming any tobacco settlement become victims when applied: Now, there- POM–46. A joint resolution adopted by the money from the states or directing how the fore, be it Legislature of the State of Maine; to the states expend these funds; and be it further S4254 CONGRESSIONAL RECORD — SENATE April 27, 1999 Resolved, That copies of this resolution be stated the ultimate intention of the federal Resolved, That this Senate of the State of transmitted to the President of the United government to recoup up to two thirds of the Rhode Island and Providence Plantations do States Senate, the Speaker of the United tobacco settlement funds from the states and hereby memorialize the United States Con- States House of Representatives, and the to dictate how states may spend the remain- gress to enact legislation amending the So- members of the Michigan congressional dele- ing settlement funds left untouched by the cial Security Act to prohibit recoupment by gation. federal government; and the federal government of state tobacco set- Whereas, it would be unjust to allow the tlement funds; and be it further PM–48. A joint resolution adopted by the federal government to enrich itself at the Resolved, that it is the sense of this Senate Legislature of the State of Maine; to the states’ risk and expense and, at the same that the respective state legislatures should Committee on Finance. time, reward itself for its own inaction with have complete autonomy over the appropria- JOINT RESOLUTION NO. 1469 respect to recovering tobacco-related health tion and expenditure of state tobacco settle- Whereas, the state of Maine settled its liti- care costs; therefore, be it ment funds; and be it further gation against the tobacco industry on No- Resolved by the Legislature of West Virginia, Resolved, that the the Secretary of State be vember 23, 1998; and That the Congress of the United States is re- and he is hereby authorized and directed to Whereas, the Federal Government, through quested to enact legislation amending the transmit duly certified copies of this resolu- the Federal Health Care Financing Adminis- Social Security Act so that funds due the tion to the Honorable Bill Clinton, President tration, has asserted that it is entitled to a states as a result of the Master Settlement of the United States of America; the Presi- significant share of the state settlement on Agreement reached with the tobacco indus- dent and the Secretary of the U.S. Senate; the basis that it represents the federal share try are exempted from recoupment by the the Speaker and the Clerk of the U.S. House of Medicaid costs; and Health Care Financing Administration and of Representatives; and to each member of Whereas, the Federal; Government asserts prohibiting federal interference with the the Rhode Island Congressional Delegation. that it is authorized and obligated, under the states in deciding how to best utilize those United States Social Security Act, to collect settlement funds; and be it further POM–51. A resolution adopted by the Sen- its share of any settlement funds attrib- Resolved, That the Clerk of the House shall, ate of the Legislature of the State of New utable to Medicaid; and immediately upon its adoption, transmit Mexico; to the Committee on Finance. Whereas, the state lawsuit was brought for duly authenticated copies of this resolution SENATE MEMORIAL 46 violation of state law under theories, and the to the Speaker and the Clerk of the United Whereas, on November 23, 1998, Representa- state lawsuit did not make any federal States House of Representatives, the Presi- tives from forty-six States signed a Settle- claims; and dent Pro Tempore and the Secretary of the ment Agreement with the five largest To- Whereas, the State bore all the risk and United States Senate, the members of the bacco Manufacturers; and expense in the litigation brought in State West Virginia Congressional Delegation, the Whereas, the Attorneys General Master Court and settled without any assistance Administrator of the Health Care Financing Tobacco Settlement Agreement culminated from the Federal Government; and Administration, the Attorney General of the legal action that began in 1994 when States Whereas, the State is entitled to all of the United States, and the President of the began filing Lawsuits against the Tobacco funds negotiated in the tobacco settlement United States. Industry; and agreement without any federal claim; now, Whereas, New Mexico and the other States therefore, be it POM–50. A resolution adopted by the Sen- that signed the Master Tobacco Settlement Resolved, That We, your Memorialists, re- ate of the Legislature of the State of Rhode Agreement are currently making their ini- quest that the President of the United States Island; to the Committee on Finance. tial decisions regarding the most responsible and the United States Congress work to- SENATE RESOLUTION ways and means to use the Settlement gether to support and sign legislation to Funds; and allow the states to keep their tobacco settle- Whereas, November 23, 1998, representa- Whereas, under the terms of the Agree- ment funds; and be it further tives from forty-six (46) states signed a set- ment, Tobacco Manufacturers will pay two Resolved, That suitable copies of this reso- tlement agreement with the five (5) largest hundred six billion dollars ($206,000,000,000) lution, duly authenticated by the Secretary tobacco manufacturers; and over the next twenty-five years to the re- of State, be transmitted to the Honorable Whereas, the Attorneys General Master spective States, and New Mexico is projected William J. Clinton, President of the United Tobacco Settlement Agreement culminated to receive about one billion one hundred sev- States; the President of the United States legal action that began in 1994 when states enty million dollars ($1,170,000,000) of that Senate; the Speaker of the House of Rep- began filing lawsuits against the tobacco in- amount; and resentatives of the United States; and to dustry; and Whereas, because many State Lawsuits each Member of the Maine Congressional Whereas, the respective states are pres- sought to recover Medicaid Funds spent to Delegation. ently in the process of finalizing the terms of treat illnesses caused by tobacco use, the the Master Tobacco Settlement Agreement, Health Care Financing Administration con- POM–49. A concurrent resolution adopted and are making initial fiscal determinations tends that it is authorized and obligated by the Legislature of the State of West Vir- relative to the most responsible ways and under the Social Security Act to collect its ginia; to the Committee on Finance. means to utilize the settlement funds; and share of any Tobacco Settlement Funds at- HOUSE CONCURRENT RESOLUTION NO. 22 Whereas, under the terms of the agree- tributable to Medicaid; and Whereas, the states of the union, at their ment, tobacco manufacturers will pay $206 Whereas, the Master Tobacco Settlement own expense and on their own initiative, billion over the next twenty-five (25) years to Agreement does not address the Medicaid filed and pursued the unprecedented civil the respective states in up-front and annual Recoupment Issue, and thus the Social Secu- litigation against the tobacco industry that payments; and rity Act must be amended to resolve the resulted in the historic settlement agree- Whereas, Rhode Island is projected to re- Recoupment Issue in favor of the respective ment negotiated by the states and entered ceive $1,408,469,747 through the year 2025 States; and into on the twenty-third day of November, under the terms of the Master Tobacco Set- Whereas, as we move toward final approval one thousand nine hundred ninety-eight; and tlement Agreement; and of the Master Tobacco Settlement Agree- Whereas, the settlement agreement Whereas, because many state lawsuits ment, it is imperative that State Sov- reached between the parties to the litigation sought to recover Medicaid funds spent to ereignty be preserved; now, therefore, be it was based on the past and future health care treat illnesses caused by tobacco use, the Resolved by the Senate of the State of New expenditures of the aggregate populations of Health Care Financing Administration Mexico, That the United States Congress each participating state and not solely for (HCFA) contends that it is authorized and enact Legislation amending the Social Secu- those states’ Medicaid beneficiaries; and obligated, under the Social Security Act, to rity Act to prohibit Recoupment by the Fed- Whereas, the government of the United collect its share of any tobacco settlement eral Government of State Tobacco Settle- States was not a party to any of the litiga- funds attributable to Medicaid; and ment Funds; and be it further tion against the tobacco industry, it did not Whereas, the Master Tobacco Settlement Resolved, That State Legislatures have assume any of the risk or incur any of the Agreement does not address the Medicaid complete autonomy over the appropriation costs associated with the litigation; nor has recoupment issue, and thus the Social Secu- and expenditure of State Tobacco Settle- it yet sought recovery of any smoking-re- rity Act must be amended to resolve the ment Funds, and that the Federal Govern- lated health care expenditures paid out recoupment issue in favor of the respective ment not earmark or impose any other re- under the Medicare program; and states; and strictions on the respective States’ use of Whereas, the Health Care Financing Ad- Whereas, in addition to the recoupment State Tobacco Settlement Funds; and be it ministration has voluntarily suspended its issue, there is also considerable interest, at further efforts to recoup Medicaid matching funds both the state and national levels, in Resolved, That copies of this Memorial be from the states’ tobacco settlement awards earmaking state tobacco settlement fund ex- transmitted to the President of the United pending action by the United States Con- penditures; and States of America, the President and the gress, which voluntary suspension may be re- Whereas, as we move toward final approval Secretary of the United States Senate, the voked at any time; and of the Master Tobacco Settlement Agree- Speaker and the Clerk of the United States Whereas, the Administrator of the Health ment, it is imperative that state sovereignty House of Representatives and each Member Care Financing Administration has publicly be preserved; now, therefore, be it of the New Mexico Congressional Delegation. April 27, 1999 CONGRESSIONAL RECORD — SENATE S4255 POM–52. A joint resolution adopted by the lion settlement with the tobacco companies Resolved, That copies of this resolution be Legislature of the State of Montana; to the and has declined to bring its own lawsuit transmitted to the President of the United Committee on Finance. against the industry, but now, through the States, the President of the United States JOINT RESOLUTION Health Care Financing Administration, as- Senate, the Speaker of the United States Whereas, on November 23, 1998, 46 states, serts that it is entitled to a significant share House of Representatives, and the members U.S. territories, commonwealths, and the of state settlements on the basis that it rep- of the Michigan congressional delegation. District of Columbia reached a multibillion resents the federal share of Medicaid costs; POM–55. A joint resolution adopted by the dollar settlement with six tobacco compa- and Legislature of the State of Nevada; to the nies to end pending civil actions brought by Whereas, Texas bore all of the risk and ex- Committee on Finance. the states claiming as damages money spent pense in the litigation and settlement nego- treating residents for injuries caused by tiations, receiving no assistance from the ASSEMBLY JOINT RESOLUTION NO. 5 smoking; and federal government, and is entitled to all of Whereas, The provisions set forth in 42 Whereas, the United States has asserted a the funds negotiated in the tobacco settle- U.S.C. § 415 for determining the primary in- claim to over one-half of the settlement ment agreement; and surance amount of a person receiving social money, claiming that much of the money to Whereas, United States Senators Kay Bai- security were amended in 1977 by Public Law be received by the states amounts to Med- ley Hutchison of Texas and Bob Graham of 95–216; and icaid overpayments and, as such, can be ‘‘re- Florida have introduced bipartisan legisla- Whereas, Those amendments resulted in couped’’ by the federal government; and tion, S. 346, to prohibit the federal govern- disparate benefits according to when a per- Whereas, the record-setting settlement was ment from seizing any part of the tobacco son initially becomes eligible for benefits; achieved by the states, territories, common- settlement, and similar legislation, H.R. 351, and wealths, and the District of Columbia has been introduced in the U.S. House of Whereas, Persons who were born during the through their efforts and their efforts alone, Representatives; now, therefore, be it years 1917 to 1926, inclusive, and who are the federal government having played no Resolved, That the 76th Legislature of the commonly referred to as ‘‘notch babies,’’ re- role whatsoever in the proceedings leading to State of Texas hereby respectfully urge the ceive lower benefits than persons who were the settlement or the settlement negotia- Congress of the United States not to make born before that time; and Whereas, The payment of benefits under tions; and federal claims against the proceeds of the Whereas, having played no role in the law- Texas tobacco settlement; and, be it further the social security system is not based on suits and settlements, any attempt by the Resolved, That the Texas secretary of state need or other considerations related to wel- United States to ‘‘recoup’’ the damages paid forward official copies of this resolution to fare, but on a program of insurance based on by the tobacco companies amounts to a sei- the president of the United States, to the contributions by a person and his employer, zure of money to which the states, terri- speaker of the house of representatives and and Whereas, During the 105th session of Con- tories, commonwealths, and the District of the president of the senate of the United gress, H.R. 3008 and S. 2003 were introduced Columbia have a moral and legal claim; and States Congress, and to all the members of in the House of Representatives and the Sen- Whereas, there is bipartisan support form- the Texas delegation to the congress with ate, respectively, to provide compensation ing in the U.S. Congress for the introduction the request that this resolution be officially for the inequities in the payment of social of legislation to keep the United States from entered in the Congressional Record as a me- security benefits to persons based on the making good on its claim for recoupment; morial to the Congress of the United States year in which they initially become eligible and of America. Whereas, strong support should be shown for such benefits, but no action has been by Montana for the Congressional efforts to POM–54. A resolution adopted by the Sen- taken on such legislation; and Whereas, The discrimination between per- prevent the United States from further as- ate of the Legislature of the State of Michi- sons receiving benefits is contrary to the serting ownership of the settlement pro- gan; to the Committee on Finance. principles of justice and fairness; now, there- ceeds: now, therefore, be it SENATE RESOLUTION NO. 6 fore, be it Resolved by the Senate and the House of Rep- Whereas, Following an effort that involved Resolved by the Assembly and Senate of the resentatives of the State of Montana, That the considerable expense, time, and risk, the State of Nevada, Jointly, That Congress is Montana Legislature convey to the U.S. Sen- states have reached a settlement with to- hereby urged to enact legislation that pro- ate and House of Representatives its strong bacco companies in response to litigation vides for the payment of lump sums to per- opposition to the taking by the federal gov- initiated to recover damages to the states re- sons who became eligible for social security ernment of any of the proceeds of the to- lated to the public’s health. This lawsuit was benefits after 1981 and before 1992 and have bacco settlement. Be it further based on state claims for costs they incurred received lower benefits as a result of the Resolved, That the Legislature requests the related to tobacco and on long-term concerns changes in the computation of benefits en- Congress to enact legislation to keep the for public health and the vulnerability of acted by Public Law 95–216, as compensation U.S. Department of Health and Human Serv- children. State laws on consumer protection, for the reduced benefits they have been paid; ices from further asserting or making good health, and other areas provided the founda- and be it further on a claim to the settlement proceeds. Be it tion for the legal actions; and Resolved, That the Chief Clerk of the As- further Whereas, Throughout the process of litiga- sembly prepare and transmit a copy of this Resolved, That the Legislature requests the tion, the states bore the burdens of bringing resolution to the Vice President of the Montana Congressional Delegation to work the case, without the assistance of the fed- United States as presiding officer of the Sen- closely with those members of Congress who eral government. The terms of the settle- ate, the Speaker of the House of Representa- will sponsor legislation to see that the pro- ment provided for the states’ responsibilities tives and each member of the Nevada Con- ceeds of the settlement be paid to and re- in directing certain amounts to specific pro- gressional Delegation; and be it further tained by the states. Be it further grams to remedy problems caused by tobacco Resolved, That this resolution becomes ef- Resolved, That the Secretary of State send products; and fective upon passage and approval. copies of this resolution to the President of Whereas, In the time since the settlement the United States Senate, the Speaker of the was first announced and finalized, some POM–56. A concurrent resolution adopted United States House of Representatives, and units of the federal government have been by the Legislature of the State of Kansas; to the members of Montana’s Congressional making claims on portions of the tobacco the Committee on Finance. Delegation. settlement funds. The administration’s HOUSE CONCURRENT RESOLUTION NO. 5015 claims are apparently based on efforts to re- POM–53. A concurrent resolution adopted Whereas, The State of Kansas is very con- coup money channeled through the state for cerned about the health and well-being of its by the Legislature of the State of Texas; to the federal component of overall Medicaid the Committee on Finance. senior and disabled citizens; and costs; and Whereas, The State of Kansas believes that HOUSE CONCURRENT RESOLUTION NO. 9 Whereas, The federal government’s efforts its senior and disabled citizens should have Whereas, Two years after filing suit to claim portions of the states’ tobacco set- access to high quality, cost-effective home against the tobacco industry, Texas’ attor- tlement are inappropriate. The states, acting health care services; and ney general announced on January 16, 1998, together and on the basis of damages to the Whereas, Medicare beneficiaries needing that the industry had agreed to the largest states—not the federal government—earned the most care are being denied access to settlement in the history of tobacco litiga- this settlement. There are measures before home health services as a result of medicare tion; and the Congress that would prohibit federal payment reforms; and Whereas, Tireless negotiations between agencies from trying to recoup funds as a re- Whereas, The provisions of the Balanced Texas and the defendants ensued, resulting sult of this agreement; now, therefore, be it Budget Act of 1997 establishing the interim in a memorandum of understanding signed in Resolved by the Senate, That we memori- payment system calling for payment cuts for July 1998 that resolved all outstanding dif- alize the President and the Congress of the medicare home health services will result in ferences and settled Texas’ lawsuit against United States to prohibit any agency of the a cut back of those necessary services which the tobacco industry; and federal government from recouping any of will lead to increased utilization of more Whereas, The federal government played the tobacco settlement funds due the states; costly settings like emergency rooms, hos- no role in the litigation for Texas’ $17.3 bil- and be it further pitals and nursing homes as well as shifting S4256 CONGRESSIONAL RECORD — SENATE April 27, 1999 an enormous financial and time consuming States House of Representatives, the Presi- pose an imminent danger to public safety, burden to the families of the senior or dis- dent of the United States Senate and to each and to provide for the rescheduling of the abled citizens; and member of the Montana Congressional Dele- date-rape drug and the classification of a Whereas, The medicare home health cuts gation. certain ‘‘club’’ drug; to the Committee on will most likely shift service needs and costs the Judiciary. to more expensive state programs, especially POM–58. A resolution adopted by the Coun- By Mr. SARBANES (for himself, Mr. long-term care facilities, thus resulting in an cil of the City of Cincinnati, Ohio relative to TORRICELLI, and Mr. HUTCHINSON): unfunded mandate to Kansas and resulting the Social Security system; to the Com- S. 884. A bill to establish the National Mili- in greater expense to both medicare and mittee on Finance. tary Museum Foundation, and for other pur- medicaid: Now, therefore, be it POM–59. A resolution adopted by the Coun- poses; to the Committee on Armed Services. Resolved by the House of Representatives of cil of the City of Cincinnati, Ohio relative to By Mr. BIDEN. the State of Kansas, the Senate concurring the decennial census; to the Committee on S. 885. A bill to amend the Public Health therein: That the Legislature hereby requests Governmental Affairs. Service Act and the Federal Food, Drug, and Congress to rescind the provisions of the Bal- POM–60. A resolution adopted by the Sen- Cosmetic Act to provide incentives for the anced Budget Act of 1997 related to the in- ate of the Legislature of the State of Michi- development of drugs for the treatment of terim payment system for medicare home gan; to the Committee on Commerce, addiction to illegal drugs, and for other pur- health services; and be it further Science, and Transportation. poses; to the Committee on Health, Edu- Resolved: That the Secretary of State is SENATE RESOLUTION NO. 9 cation, Labor, and Pensions. hereby directed to send enrolled copies of By Mr. HELMS: Whereas, The fragile ecology of the Great S. 886. An original bill to authorize appro- this resolution to the President and Presi- Lakes has been threatened by new species of dent pro tempore of the Senate of the United priations for the Department of State for fis- fish and plant life introduced into this water cal years 2000 and 2001; to provide for en- States, to the Speaker of the House of Rep- system by ships releasing ballast water. In resentatives of the United States and to each hanced security at United States diplomatic recent years, the zebra mussel, ruffe, and facilities; to provide for certain arms con- member of the Kansas Congressional Delega- goby have posed significant challenges to the tion. trol, nonproliferation, and other national se- delicate balance of the most important fresh curity measures; to provide for the reform of water resource of North America and the the United Nations; and for other purposes; POM–57. A joint resolution adopted by the largest and most accessible source of fresh Legislature of the State of Montana; to the from the Committee on Foreign Relations; water in the world; and placed on the calendar. Committee on Finance. Whereas, With changing technologies in By Mr. SHELBY: JOINT RESOLUTION NO. 5 the shipping industry and in the ability to S. 887. A bill to establish a moratorum on Whereas, the ever-increasing cost of pre- monitor and test water, there are opportuni- the Foreign Visitors Program at the Depart- scription drugs and long-term care is beyond ties to make progress in the effort to halt ment of Energy nuclear laboratories, and for the income of most senior citizens; and the introduction of more nonindigenous spe- other purposes; to the Committee on Armed Whereas, 30 years ago the average monthly cies into the Great Lakes. Congress can con- Services. Social Security check would more than tribute enormously to this work through By Mr. MURKOWSKI (for himself, Mr. stronger legislation to prohibit the dumping cover a month’s stay in a nursing home as AKAKA, Mr. STEVENS, and Mr. of ballast water in the Great Lakes water well as pay the cost of prescription drugs, INOUYE): while today the average monthly Social Se- system and grants to promote better compli- S. 888. A bill to amend the Internal Rev- curity check will not pay for 1 week’s stay in ance; and enue Code of 1986 to modify the air transpor- a nursing home; and Whereas, The quality of the Great Lakes tation tax changes made by the Taxpayer Whereas, prescription drugs can be pur- will play a large role in shaping the future Relief Act of 1997; to the Committee on Fi- chased in either Mexico or Canada for one- not only for Michigan and the United States, nance. fourth to one-third of the cost in the United but for all of North America; now, therefore, By Mrs. HUTCHISON (for herself, Mr. States; and be it SANTORUM, and Mr. COCHRAN): Whereas, the cost of research and develop- Resolved by the Senate, That we memori- S. 889. A bill to amend the Internal Rev- ment of prescription drugs in the United alize the Congress of the United States to enue Code of 1986 to provide tax credit for in- States is so high that pharmaceutical com- strengthen measures to prohibit the dump- vestment necessary to revitalize commu- panies must sell their product for as great a ing of shipping ballast water into the Great nities within the United States, and for price as the market will bear in order to re- Lakes and connecting waterways; and be it other purposes; to the Committee on Fi- coup some of those research and develop- further nance. ment costs; and Resolved, That copies of this resolution be By Mr. WELLSTONE (for himself, Mr. Whereas, billions of dollars are wasted be- transmitted to the President of the United ROBB, and Mr. FEINGOLD): cause Congress will not allow Medicare to States Senate, the Speaker of the United S. 890. A bill to faciliate the naturalization use competitive bidding in ordering supplies States House of Representatives, and the of aliens who served with special guerrilla and equipment; and members of the Michigan congressional dele- units or irregular forces in Laos; to the Com- Whereas, according to government esti- gation. mittee on the Judiciary. mates, Medicare improperly paid approxi- f By Mr. SCHUMER: mately $23 billion in the 1997 fiscal year be- S. 891. A bill to amend section 922(x) of cause of fraud and abuse: Now, therefore, be INTRODUCTION OF BILLS AND title 18, United States Code, to prohibit the it JOINT RESOLUTIONS transfer to and possession of handguns, semi- Resolved by the Senate and the House of Rep- The following bills and joint resolu- automatic assault weapons, and large capac- resentatives of the State of Montana: tions were introduced, read the first ity ammunition feeding devices by individ- (1) That the United States Congress is uals who are less than 21 years of age, and urged to enact legislation to place long-term and second time by unanimous con- for other purposes; to the Committee on the care and prescription drugs in the Medicare sent, and referred as indicated: Judiciary. program and that in order to pay for these By Mr. BENNETT (for himself, Mr. By Mr. HATCH (for himself, Mr. BAU- changes to the Medicare program, a serious MACK, Mr. MURKOWSKI, and Mr. CUS, Mr. MACK, Mr. BRYAN, Mr. MUR- effort to eliminate fraud and abuse be inau- SANTORUM): KOWSKI, and Mr. BREAUX): gurated and that Congress give Medicare the S. 881. A bill to ensure confidentiality with S. 892. A bill to amend the Internal Rev- right to use competitive bidding for pur- respect to medical records and health care- enue Code of 1986 to permanently extend the chasing prescription drugs and other sup- related information, and for other purposes; subpart F exemption for active financing in- plies. to the Committee on Health, Education, come; to the Committee on Finance. (2) That the federal government is urged to Labor, and Pensions. By Mr. GORTON (for himself and Mrs. take serious measures to eliminate fraud and By Mr. MURKOWSKI (for himself, Mr. MURRAY): abuse wherever it may be found in the ex- HAGEL, Mr. BYRD, Mr. CRAIG, Mr. S. 893. A bill to amend title 46, United penditure of federal tax dollars. ROBERTS, Mr. GRAMS, Mr. HUTCH- States Code, to provide equitable treatment (3) That the United States Congress review INSON, Mr. ENZI, Mr. SMITH of Oregon, with respect to State and local income taxes the necessity for statutes and regulations and Mr. MCCAIN): for certain individuals who perform duties on that contribute to the high cost of research S. 882. A bill to strengthen provisions in vessels; to the Committee on Commerce, and development of prescription drugs in the the Energy Policy Act of 1992 and the Fed- Science, and Transportation. United States and revise or eliminate those eral Nonnuclear Energy Research and Devel- By Mr. JEFFORDS (for himself, Mr. statutes and regulations that cause or con- opment Act of 1974 with respect to potential LEAHY, Mr. SPECTER, Mr. COCHRAN, tribute to the high cost of research and de- Climate Change; to the Committee on En- Mr. MOYNIHAN, Mr. SESSIONS, Ms. velopment of those drugs; be it further ergy and Natural Resources. SNOWE, Mr. LOTT, Ms. LANDRIEU, Ms. Resolved, that the Secretary of State send By Mr. BIDEN: COLLINS, Mr. KENNEDY, Mr. SCHUMER, a copy of this resolution to the President of S. 883. A bill to authorize the Attorney Mr. SHELBY, Ms. MIKULSKI, Mr. HOL- the United States, the Speaker of the United General to reschedule certain drugs that LINGS, Mr. HUTCHINSON, Mr. DODD, April 27, 1999 CONGRESSIONAL RECORD — SENATE S4257 Mr. BREAUX, Mr. THURMOND, Mr. ful that a number of other senators the consolidation of the health care in- CHAFEE, Mr. SMITH of New Hamp- will soon join us as well. In addition, I dustry and the large percentage of us shire, Mr. SARBANES, Mr. COVERDELL, am pleased to include in the record a who live near state lines. Mr. CLELAND, Mr. GREGG, Mr. REED, list of groups that have come out in In addition, we are seeing an emer- Mr. KERRY, Mr. HELMS, Mr. BYRD, support of this legislation. I am grate- gence of telemedicine and health care Mr. TORRICELLI, Mr. EDWARDS, Mr. LIEBERMAN, Mr. ASHCROFT, Mr. ful for the many comments and sugges- services over the internet that adds an- ROCKEFELLER, Mrs. LINCOLN, Mr. tions I have received from a wide vari- other degree of complexity to this en- BIDEN, Mr. FIRST, Mr. BOND, and Mr. ety of organizations and individuals. tire circumstance. Technology is not THOMPSON): Most of us wrongly assume that our only improving the quality of care and S.J. Res. 22. A joint resolution to reauthor- personal health information is pro- improving patient access to services, it ize, and modify the conditions for, the con- tected under federal law. It is not. Fed- is also making the need for one strong sent of Congress to the Northeast Interstate eral law protects the confidentiality of federal law more critical. The majority Diary Compact and to grant the consent of our video rental records, and federal of providers, insurers, health care pro- Congress to the Southern Diary Compact; read the first time. law ensures us access to information fessionals, researchers and patients about us such as our credit history. f agree that there is an increasingly ur- However, there is no current federal gent need for uniformity in our laws SUBMISSION OF CONCURRENT AND law which will protect the confiden- that govern access to and disclosure of SENATE RESOLUTIONS tiality of our medical information personal health information. The following concurrent resolutions against unauthorized use and ensure us Mr. President, I remind my col- and Senate resolutions were read, and access to that same sensitive informa- leagues that if we do not act by August referred (or acted upon), as indicated: tion about us. This is a circumstance of 1999 the Health Insurance Port- that I believe should and must change. ability and Accountability Act of 1996 By Mr. DURBIN (for himself and Mr. At this time, the only protection of FITZGERALD): (HIPAA) requires the Secretary of S. Res. 86. A resolution supporting the Na- an individual’s personal medical infor- Health and Human Services (HHS) to tional Railroad Hall of Fame, Inc. of Gales- mation is under state law. These state put in to place regulations governing burg, Illinois, in its endeavor to erect a laws, where they exist, are incomplete, health information in an electronic monument known as the National Railroad inconsistent and in most cases inad- format. Thus, we could have a cir- Hall of Fame; to the Committee on Com- equate. At last check, there were ap- cumstance where paper based records merce, Science, and Transportation. proximately 35 states with 35 unique and electronic based records are treat- By Mr. DURBIN (for himself, Mr. BOND, laws governing the use and disclosure ed differently. I do not believe Con- and Mr. MOYNIHAN): of medical information. Even in those S. Res. 87. A resolution commemorating gress wants to protect one form of the 60th Anniversary of the International states where there are existing laws, medical records and not another, and I Visitors Program; to the Committee on For- there is no penalty for releasing and do not think that we should permit the eign Relations. disseminating the most private infor- Secretary of Health and Human Serv- By Mr. SMITH of Oregon (for himself, mation about our health and the ices to implement regulations without Mr. WELLSTONE, Mr. THOMAS, Mr. health care we have received. further direction from the Congress. SARBANES, and Mr. BROWNBACK): As our health care delivery systems Congress should not neglect its respon- S. Con. Res. 30. A concurrent resolution continue to expand across state lines, sibility and duty to legislate and pro- recognizing the sacrifice and dedication of efficiency, research advances and the members of America’s non-governmental or- vide appropriate direction to the exec- ganizations and private volunteer organiza- delivery of the highest quality of care utive branch. I urge my colleagues to tions throughout their history and specifi- possible depend upon the flow of infor- work with me to pass legislation that cally in answer to their courageous response mation. This year alone, a large num- would give HHS clear direction and to recent disasters in Central America and ber of states have either considered provide each American with greater Kosovo; to the Committee on Foreign Rela- passing new legislation or have at- protection of their health information. tions. tempted to modify existing laws. As Mr. President, I ask unanimous con- f states act to meet the concerns of their sent that the bill and a list of groups residents, the patchwork of state laws STATEMENTS ON INTRODUCED supporting this legislation be included become ever more complex. If this BILLS AND JOINT RESOLUTIONS in the RECORD. trend continues, the high quality care There being no objection, the mate- By Mr. BENNETT (for himself, and research breakthroughs we have rial was ordered to be printed in the Mr. MACK, Mr. MURKOWSKI, and come to expect and demand from our RECORD, as follows: Mr. SANTORUM): health care system would be jeopard- S. 881 S. 881. A bill to ensure confiden- ized because health care organizations Be it enacted by the Senate and House of Rep- tiality with respect to medical records would be forced to track and comply resentatives of the United States of America in and health care-related information, with multiple, conflicting and increas- Congress assembled, and for other purposes; to the Com- ingly complex state laws. SECTION 1. SHORT TITLE; TABLE OF CONTENTS. mittee on Health, Education, Labor, Clearly, in today’s world, health in- (a) SHORT TITLE.—This Act may be cited as and Pensions. formation must be permitted to flow the ‘‘Medical Information Protection Act of 1999’’. THE MEDICAL INFORMATION PROTECTION ACT OF across state lines if we are to expect (b) TABLE OF CONTENTS.—The table of con- 1999 the highest level of health care. For ex- tents for this Act is as follows: Mr. BENNETT. Mr. President, I rise ample, in Utah, Intermountain Health Sec. 1. Short title; table of contents. today to introduce the Medical Infor- Care (IHC), the largest care provider Sec. 2. Findings. mation Protection Act of 1999. Trying based in my state also provides care in Sec. 3. Purposes. to find the right balance between le- four other western states. IHC cur- Sec. 4. Definitions. gitimate uses of health care data and rently maintains secure databases of TITLE I—INDIVIDUAL’S RIGHTS the need for privacy has been a very patient information which each of its Subtitle A—Review of Protected Health difficult road to go down; however, I member facilities in Utah, Nevada, Information by Subjects of the Information feel that great progress has been made Idaho and Wyoming draw upon to pro- Sec. 101. Inspection and copying of protected and that the legislation that I am in- vide and improve care. Requiring them health information. Sec. 102. Amendment of protected health in- troducing strikes the right balance be- to comply with multiple state laws formation. tween the desire the patient has for in- does not add to the quality of health Sec. 103. Notice of confidentiality practices. creased confidentiality and the need care they provide, but does add to the Subtitle B—Establishment of Safeguards our health care system has for infor- cost of health care they provide. Many Sec. 111. Establishment of safeguards. mation that will enable it to provide a IHC patients live in one state yet their Sec. 112. Accounting for disclosures. higher quality of care. I am pleased closest hospital, clinic or physicians TITLE II—RESTRICTIONS ON USE AND that Senators MACK, MURKOWSKI and office is in another state. I am sure DISCLOSURE SANTORUM have joined me as co-spon- this example appears throughout the Sec. 201. General rules regarding use and sors of this legislation and I am hope- country in one form or another given disclosure. S4258 CONGRESSIONAL RECORD — SENATE April 27, 1999 Sec. 202. Procurement of authorizations for tained as part of health care treatment, di- vided by or on behalf of a health plan or use and disclosure of protected agnosis, enrollment, payment, plan adminis- health care provider for the purpose of car- health information for treat- tration, testing, or research processes; rying out the management functions of a ment, payment, and health care (2) promote the efficiency and security of health care provider or health plan, or imple- operations. the health information infrastructure so menting the terms of a contract for health Sec. 203. Authorizations for use or disclosure that members of the health care community plan benefits, including— of protected health information may more effectively exchange and transfer (A) coordinating health care, including other than for treatment, pay- health information in a manner that will en- health care management of the individual ment, and health care oper- sure the confidentiality of protected health through risk assessment and case manage- ations. information without impeding the delivery ment; Sec. 204. Next of kin and directory informa- of high quality health care; and (B) conducting quality assessment and im- tion. (3) establish strong and effective remedies provement activities, including outcomes Sec. 205. Emergency circumstances. for violations of this Act. evaluation, clinical guideline development, Sec. 206. Oversight. SEC. 4. DEFINITIONS. and improvement; Sec. 207. Public health. As used in this Act: (C) reviewing the competence or qualifica- Sec. 208. Health research. (1) ACCREDITING BODY.—The term ‘‘accred- tions of health care professionals, evaluating Sec. 209. Disclosure in civil, judicial, and ad- iting body’’ means a national body, com- provider performance, and conducting health ministrative procedures. mittee, organization, or institution (such as care education, accreditation, certification, Sec. 210. Disclosure for law enforcement pur- the Joint Commission on Accreditation of licensing, or credentialing activities; poses. Health Care Organizations or the National (D) carrying out utilization review activi- Sec. 211. Payment card and electronic pay- Committee for Quality Assurance) that has ties, including precertification and ment transaction. been authorized by law or is recognized by a preauthorization of services, and health plan health care regulating authority as an ac- Sec. 212. Individual representatives. rating and insurance activities, including crediting entity or any other entity that has Sec. 213. No liability for permissible disclo- underwriting, experience rating and reinsur- been similarly authorized or recognized by sures. ance; and law to perform specific accreditation, licens- Sec. 214. Sale of business, mergers, etc. (E) conducting or arranging for auditing ing or credentialing activities. TITLE III—SANCTIONS services, including fraud detection and com- (2) AGENT.—The term ‘‘agent’’ means a per- pliance programs. Subtitle A—Criminal Provisions son, including a contractor, who represents (8) HEALTH CARE PROVIDER.—The term Sec. 301. Wrongful disclosure of protected and acts for another under the contract or ‘‘health care provider’’ means a person, who health information. relation of agency, or whose function is to with respect to a specific item of protected Subtitle B—Civil Sanctions bring about, modify, effect, accept perform- ance of, or terminate contractual obligations health information, receives, creates, uses, Sec. 311. Civil penalty violation. between the principal and a third person. maintains, or discloses the information Sec. 312. Procedures for imposition of pen- while acting in whole or in part in the capac- (3) COMMON RULE.—The term ‘‘common alties. rule’’ means the Federal policy for protec- ity of— Sec. 313. Enforcement by State insurance tion of human subjects from research risks (A) a person who is licensed, certified, reg- commissioners. originally published as 56 Federal Register istered, or otherwise authorized by Federal TITLE IV—MISCELLANEOUS 28.025 (1991) as adopted and implemented by a or State law to provide an item or service that constitutes health care in the ordinary Sec. 401. Relationship to other laws. Federal department or agency. course of business, or practice of a profes- Sec. 402. Conforming amendment. (4) DISCLOSE AND DISCLOSURE.— sion; Sec. 403. Study by Institute of Medicine. (A) DISCLOSE.—The term ‘‘disclose’’ means (B) a Federal, State, employer sponsored or Sec. 405. Effective date. to release, transfer, provide access to, or oth- other privately sponsored program that di- SEC. 2. FINDINGS. erwise divulge protected health information to any person other than the individual who rectly provides items or services that con- The Congress finds that— is the subject of such information. stitute health care to beneficiaries; or (1) individuals have a right of confiden- (B) DISCLOSURE.— (C) an officer or employee of a person de- tiality with respect to their personal health (i) IN GENERAL.—The term ‘‘disclosure’’ re- scribed in subparagraph (A) or (B). information and records; fers to a release, transfer, provision for ac- (9) HEALTH OVERSIGHT AGENCY.—The term (2) with respect to information about med- cess to, or communication of information as ‘‘health oversight agency’’ means a person ical care and health status, the traditional described in subparagraph (A). who, with respect to a specific item of pro- right of confidentiality is at risk; (ii) USE.—The use of protected health in- tected health information, receives, creates, (3) an erosion of the right of confiden- formation by an authorized person and its uses, maintains, or discloses the information tiality may reduce the willingness of pa- agents shall not be considered a disclosure while acting in whole or in part in the capac- tients to confide in physicians and other for purposes of this Act if the use is con- ity of— practitioners, thus jeopardizing quality sistent with the purposes for which the infor- (A) a person who performs or oversees the health care; mation was lawfully obtained. Using or pro- performance of an assessment, evaluation, (4) an individual’s confidentiality right viding access to health information in the determination, or investigation, relating to means that an individual’s consent is needed form of nonidentifiable health information the licensing, accreditation, certification, or to disclose his or her protected health infor- shall not be construed as a disclosure of pro- credentialing of health care providers; or mation, except in limited circumstances re- tected health information. (B) a person who— quired by the public interest; (5) EMPLOYER.—The term ‘‘employer’’ has (i) performs or oversees the performance of (5) any disclosure of protected health infor- the meaning given such term under section an audit, assessment, evaluation, determina- mation should be limited to that informa- 3(5) of the Employee Retirement Income Se- tion, or investigation relating to the effec- tion or portion of the medical record nec- curity Act of 1974 (29 U.S.C. 1002(5)), except tiveness of, compliance with, or applicability essary to fulfill the purpose of the disclosure; that such term shall include only employers of, legal, fiscal, medical, or scientific stand- (6) the availability of timely and accurate of two or more employees. ards or aspects of performance related to the personal health data for the delivery of (6) HEALTH CARE.—The term ‘‘health care’’ delivery of health care; and health care services throughout the Nation means— (ii) is a public agency, acting on behalf of is needed; (A) preventive, diagnostic, therapeutic, re- a public agency, acting pursuant to a re- (7) personal health care data is essential habilitative, maintenance, or palliative care, quirement of a public agency, or carrying for medical research; including appropriate assistance with dis- out activities under a Federal or State law (8) public health uses of personal health ease or symptom management and mainte- governing the assessment, evaluation, deter- data are critical to both personal health as nance, counseling, assessment, service, or mination, investigation, or prosecution de- well as public health; and procedure— scribed in subparagraph (A). (9) confidentiality of an individual’s health (i) with respect to the physical or mental (10) HEALTH PLAN.—The term ‘‘health plan’’ information must be assured without jeop- condition of an individual; or means any health insurance issuer, health ardizing the pursuit of clinical and epidemio- (ii) affecting the structure or function of insurance plan, including any hospital or logical research undertaken to improve the human body or any part of the human medical service plan, dental or other health health care and health outcomes and to as- body, including the banking of blood, sperm, service plan or health maintenance organiza- sure the quality and efficiency of health organs, or any other tissue; or tion plan, provider sponsored organization, care. (B) pursuant to a prescription or medical or other program providing or arranging for SEC. 3. PURPOSES. order any sale or dispensing of a drug, de- the provision of health benefits. Such term The purpose of this Act is to— vice, equipment, or other health care related does not include any policy, plan or program (1) establish strong and effective mecha- item to an individual, or for the use of an in- to the extent that it provides, arranges or nisms to protect against the unauthorized dividual. administers health benefits pursuant to a and inappropriate disclosure of protected (7) HEALTH CARE OPERATIONS.—The term program of workers compensation or auto- health information that is created or main- ‘‘health care operations’’ means services pro- mobile insurance. April 27, 1999 CONGRESSIONAL RECORD — SENATE S4259

(11) HEALTH RESEARCH AND HEALTH RE- which identifies such individual, whether treatment, payment, or health care oper- SEARCHER.— oral or recorded in any form or medium, ations with respect to the individual who is (A) HEALTH RESEARCH.—The term ‘‘health that— the subject of such information, shall make research’’ means a systematic investigation (A) is created or received by a health care such information available for inspection or of health (including basic biological proc- provider, health plan, health oversight agen- copying as provided for in this title, or esses and structures), health care, or its de- cy, public health authority, employer, life through any provider designated by the indi- livery and financing, including research de- insurer, school or university; vidual. velopment, testing and evaluation, designed (B) relates to the past, present, or future (4) PROCEDURES.—The person providing ac- to develop or contribute to generalizable physical or mental health or condition of an cess to information under this title may set knowledge concerning human health, health individual (including individual cells and forth appropriate procedures to be followed care, or health care delivery. their components); for such inspection or copying and may re- (B) HEALTH RESEARCHER.—The term (C) is derived from— quire an individual to pay reasonable costs ‘‘health researcher’’ means a person involved (i) the provision of health care to the indi- associated with such inspection or copying. in health research, or an officer, employee, vidual; or (b) SPECIAL CIRCUMSTANCES.—If an origi- or agent of such person. (ii) payment for the provision of health nating provider, its agent, or contractor no (12) KEY.—The term ‘‘key’’ means a meth- care to the individual; and longer maintains the protected health infor- od or procedure used to transform nonidenti- (D) is not nonidentifiable health informa- mation sought by an individual pursuant to fiable health information that is in a coded tion. subsection (a), a health plan or another or encrypted form into protected health in- (20) PUBLIC HEALTH AUTHORITY.—The term health care provider that maintains such in- formation. ‘‘public health authority’’ means an author- formation shall arrange for inspection or (13) LAW ENFORCEMENT INQUIRY.—The term ity or instrumentality of the United States, copying. ‘‘law enforcement inquiry’’ means a lawful a tribal government, a State, or a political (c) EXCEPTIONS.—Unless ordered by a court of competent jurisdiction, a person acting investigation or official proceeding inquiring subdivision of a State that is— pursuant to subsection (a) or (b) is not re- into a violation of, or failure to comply with, (A) primarily responsible for health or wel- quired to permit the inspection or copying of any criminal or civil statute or any regula- fare matters; and protected health information if any of the tion, rule, or order issued pursuant to such a (B) primarily engaged in activities such as following conditions are met: statute. incidence reporting, public health surveil- (1) ENDANGERMENT TO LIFE OR SAFETY.—The (14) LIFE INSURER.—The term ‘‘life insurer’’ lance, and investigation or intervention. means life insurance company as defined in person determines that the disclosure of the (21) SCHOOL OR UNIVERSITY.—The term information could reasonably be expected to section 816 of the Internal Revenue Code of ‘‘school or university’’ means an institution 1986 . endanger the life or physical safety of any or place accredited or licensed for purposes individual. (15) NONIDENTIFIABLE HEALTH INFORMA- of providing for instruction or education, in- TION.—The term ‘‘nonidentifiable health in- (2) CONFIDENTIAL SOURCE.—The information cluding an elementary school, secondary identifies, or could reasonably lead to the formation’’ means protected health informa- school, or institution of higher learning, a tion from which personal identifiers, that di- identification of, a person who provided in- college, or an assemblage of colleges united formation under a promise of confidentiality rectly reveal the identity of the individual under one corporate organization or govern- who is the subject of such information or to a health care provider concerning the in- ment. dividual who is the subject of the informa- provide a direct means of identifying the in- (22) SECRETARY.—The term ‘‘Secretary’’ dividual (such as name, address, and social tion. means the Secretary of Health and Human (3) INFORMATION COMPILED IN ANTICIPATION security number), have been removed, Services. encrypted, or replaced with a code, such that OF OR IN CONNECTION WITH A FRAUD INVESTIGA- (23) SIGNED.—The term ‘‘signed’’ refers to TION OR LITIGATION.—The information is com- the identity of the individual is not evident documentation of assent in any medium, without (in the case of encrypted or coded piled principally— whether ink, digital or biometric signatures, (A) in anticipation of or in connection with information) use of key. or recorded oral authorizations. (16) ORIGINATING PROVIDER.—The term a fraud investigation, an investigation of (24) STATE.—The term ‘‘State’’ includes the ‘‘originating provider’’ means a health care material misrepresentation in connection District of Columbia, Puerto Rico, the Vir- provider who initiates a treatment episode, with an insurance policy, a civil, criminal, or gin Islands, Guam, American Samoa, and the such as prescribing a drug, ordering a diag- administrative action or proceeding; or Northern Mariana Islands. nostic test, or admitting an individual to a (B) for use in such action or proceeding. (25) TREATMENT.—The term ‘‘treatment’’ health care facility. A hospital or nursing fa- (4) INVESTIGATIONAL INFORMATION.—The means the provision of health care by a cility is the originating provider with re- protected health information was created, health care provider. spect to protected health information cre- received or maintained by a health re- (26) WRITING AND WRITTEN.— ated or received as part of inpatient or out- searcher as provided in section 208. (A) WRITING.—The term ‘‘writing’’ means patient treatment provided in such settings. (d) DENIAL OF A REQUEST FOR INSPECTION OR any form of documentation, whether paper, (17) PAYMENT.—The term ‘‘payment’’ COPYING.—If a person described in subsection means— electronic, digital, biometric or tape re- (a) or (b) denies a request for inspection or (A) the activities undertaken by— corded. copying pursuant to subsection (c), the per- (i) or on behalf of a health plan to deter- (B) WRITTEN.—The term ‘‘written’’ in- son shall inform the individual in writing mine its responsibility for coverage under cludes paper, electronic, digital, biometric of— the plan; or and tape-recorded formats. (1) the reasons for the denial of the request (ii) a health care provider to obtain pay- TITLE I—INDIVIDUAL’S RIGHTS for inspection or copying; ment for items or services provided to an in- Subtitle A—Review of Protected Health (2) the availability of procedures for fur- dividual, provided under a health plan, or Information by Subjects of the Information ther review of the denial; and (3) the individual’s right to file with the provided based on a determination by the SEC. 101. INSPECTION AND COPYING OF PRO- health plan of responsibility for coverage TECTED HEALTH INFORMATION. person a concise statement setting forth the under the plan; and (a) GENERAL RULES.— request for inspection or copying. (e) STATEMENT REGARDING REQUEST.—If an (B) activities undertaken as described in (1) COMPLIANCE WITH SECTION.—At the re- individual has filed a statement under sub- subparagraph (A) including— quest of an individual who is the subject of section (d)(3), the person in any subsequent (i) billing, claims management, medical protected health information and except as disclosure of the portion of the information data processing, other administrative serv- provided in subsection (c), a health care pro- requested under subsection (a) or (b)— ices, and actual payment; vider, a health plan, employer, life insurer, (1) shall include a notation concerning the (ii) determinations of coverage or adjudica- school, or university shall arrange for in- individual’s statement; and tion of health benefit or subrogation claims; spection or copying of protected health in- (2) may include a concise statement of the and formation concerning the individual, includ- reasons for denying the request for inspec- (iii) review of health care services with re- ing records created under section 102, as pro- tion or copying. spect to coverage under a health plan or jus- vided for in this section. (f) INSPECTION AND COPYING OF SEGREGABLE tification of charges. (2) AVAILABILITY OF INFORMATION THROUGH PORTION.—A person described in subsection (18) PERSON.—The term ‘‘person’’ means a ORIGINATING PROVIDER.—Protected health in- (a) or (b) shall permit the inspection and government, governmental subdivision, formation that is created or received by a copying of any reasonably segregable portion agency or authority; corporation; company; health plan or health care provider as part of of a record after deletion of any portion that association; firm; partnership; society; es- treatment or payment shall be made avail- is exempt under subsection (c). tate; trust; joint venture; individual; indi- able for inspection or copying as provided for (g) DEADLINE.—A person described in sub- vidual representative; tribal government; in this title through the originating pro- section (a) or (b) shall comply with or deny, and any other legal entity. vider. in accordance with subsection (d), a request (19) PROTECTED HEALTH INFORMATION.—The (3) OTHER ENTITIES.—An employer, life in- for inspection or copying of protected health term ‘‘protected health information’’ with surer, school, or university that creates or information under this section not later respect to the individual who is the subject receives protected health information in per- than 60 days after the date on which the per- of such information means any information forming any function other than providing son receives the request. S4260 CONGRESSIONAL RECORD — SENATE April 27, 1999

(h) RULES OF CONSTRUCTION.— to protected health information, except used in creating nonidentifiable health infor- (1) AGENTS.—An agent of a person de- where— mation. scribed in subsection (a) or (b) shall not be (1) the protected health information is re- (3) The categories of personnel who will required to provide for the inspection and tained by the agent; and have access to protected health information copying of protected health information, ex- (2) the agent has been asked in writing by and appropriate training, supervision and cept where— such person to fulfill the requirements of sanctioning of such personnel with respect to (A) the protected health information is re- this section. their use of protected health information tained by the agent; and (f) REPEATED REQUESTS FOR AMEND- and adherence to established safeguards. (B) the agent has been asked in writing by MENTS.—If a person described in subsection (4) Appropriate limitations on access to in- the person involved to fulfill the require- (a)(2) receives a request for an amendment of dividual identifiers. ments of this section. information as provided for in such sub- (5) Appropriate mechanisms for limiting (2) NO REQUIREMENT FOR HEARING.—This section and a statement of disagreement has disclosures of protected information to the section shall not be construed to require a been filed pursuant to subsection (d), the information necessary to respond to the re- person described in subsection (a) or (b) to person shall inform the individual of such quest for disclosure. conduct a formal, informal, or other hearing filing and shall not be required to carry out (6) Procedures for handling requests for or proceeding concerning a request for in- the procedures required under this section. protected health information by persons spection or copying of protected health in- (g) RULES OF CONSTRUCTION.—This section other than the individual who is the subject formation. shall not be construed to— of such information, including relatives and SEC. 102. AMENDMENT OF PROTECTED HEALTH (1) require that a person described in sub- affiliates of such individual, law enforcement INFORMATION. section (a)(2) conduct a formal, informal, or officials, parties in civil litigation, health (a) RIGHT TO AMEND.— other hearing or proceeding concerning a re- care providers, and health plans. (1) IN GENERAL.—Protected health informa- quest for an amendment to protected health SEC. 112. ACCOUNTING FOR DISCLOSURES. tion shall be subject to amendment as pro- information; (a) IN GENERAL.—A health care provider, vided for in this section. (2) require a provider to amend an individ- health plan, health oversight agency, public (2) COMPLIANCE WITH REQUEST.—Except as ual’s protected health information as to the health authority, employer, life insurer, provided in subsection (c), not later than 45 type, duration, or quality of treatment the health researcher, law enforcement official, days after the date on which an originating individual believes he or she should have school, or university shall establish and provider, employer, life insurer, school, or been provided; or maintain a process for documenting the dis- university receives from an individual a re- (3) permit any deletions or alterations of closure of protected health information by quest in writing to amend protected health the original information. any such person through the recording of the information, such person shall— SEC. 103. NOTICE OF CONFIDENTIALITY PRAC- name and address of the recipient of the in- (A) make the amendment requested; TICES. formation, or through the recording of an- (B) inform the individual of the amend- (a) PREPARATION OF WRITTEN NOTICE.—A other mean of contacting the recipient, and ment that has been made; and health care provider, health plan, health the purpose of the disclosure. (b) RECORD OF DISCLOSURE.—A record (or (C) inform any person identified by the in- oversight agency, public health authority, other means of documentation) established dividual in the request for amendment and— employer, life insurer, health researcher, school, or university shall post or provide, in under subsection (a) shall be maintained for (i) who is not an officer, employee, or not less than 7 years. agent of the person; and writing and in a clear and conspicuous man- ner, notice of the person’s confidentiality (c) IDENTIFICATION OF DISCLOSED INFORMA- (ii) to whom the unamended portion of the TION AS PROTECTED HEALTH INFORMATION.— information was disclosed within the pre- practices, that shall include— (1) a description of an individual’s rights Except as otherwise provided in this title, vious year by sending a notice to the individ- protected health information shall be clearly with respect to protected health informa- ual’s last known address that there has been identified as protected health information tion; a substantive amendment to the protected that is subject to this Act. health information of such individual. (2) the uses and disclosures of protected health information authorized under this TITLE II—RESTRICTIONS ON USE AND (b) REQUEST OF ORIGINATING PROVIDERS.— DISCLOSURE (1) IN GENERAL.—Protected health informa- Act; (3) the procedures for authorizing disclo- SEC. 201. GENERAL RULES REGARDING USE AND tion that is created or received by a health DISCLOSURE. plan or health care provider as part of treat- sures of protected health information and for (a) DISCLOSURE PROHIBITED.—A health care ment or payment shall be subject to amend- revoking such authorizations; (4) the procedures established by the per- provider, health plan, health oversight agen- ment as provided for in this section upon a cy, public health authority, employer, life written request made to the originating pro- son for the exercise of the individual’s rights; and insurer, health researcher, law enforcement vider. official, school, or university, or any agents (2) SPECIAL CIRCUMSTANCES.—If an origi- (5) the right to obtain a copy of the notice of the confidentiality practices required of such a person, may not disclose protected nating provider, its agent, or contractor no health information except as authorized longer maintains the protected health infor- under this Act. (b) MODEL NOTICE.—The Secretary, after under this Act or as authorized by the indi- mation sought to be amended by an indi- vidual who is the subject of such informa- vidual pursuant to paragraph (1), a health notice and opportunity for public comment, shall develop and disseminate model notices tion. plan or another health care provider that (b) APPLICABILITY TO AGENTS.— of confidentiality practices, using the advice maintains such information may arrange for (1) IN GENERAL.—A person described in sub- of the National Committee on Vital Health amendment consistent with this section. section (a) may use an agent, including a Statistics, for use under this section. Use of (c) REFUSAL TO AMEND.—If a person de- contractor, to carry out an otherwise lawful the model notice shall serve as an absolute scribed in subsection (a)(2) refuses to make activity using protected health information defense against claims of receiving inappro- the amendment requested under such sub- maintained by such person if the person priate notice. section, the person shall inform the indi- specifies the activities for which the agent is vidual in writing of— Subtitle B—Establishment of Safeguards authorized to use such protected health in- (1) the reasons for the refusal to make the SEC. 111. ESTABLISHMENT OF SAFEGUARDS. formation and prohibits the agent from amendment; (a) IN GENERAL.—A health care provider, using or disclosing protected health informa- (2) the availability of procedures for fur- health plan, health oversight agency, public tion for purposes other than carrying out the ther review of the refusal; and health authority, employer, life insurer, specified activities. (3) the procedures by which the individual health researcher, law enforcement official, (2) LIMITATION ON LIABILITY.—Notwith- may file with the person a concise statement school, or university shall establish and standing any other provision of this Act, a setting forth the requested amendment and maintain appropriate administrative, tech- person who has limited the activities of an the individual’s reasons for disagreeing with nical, and physical safeguards to protect the agent as provided for in paragraph (1), shall the refusal. confidentiality, security, accuracy, and in- not be liable for the actions or disclosures of (d) STATEMENT OF DISAGREEMENT.—If an in- tegrity of protected health information cre- the agent that are not in fulfillment of those dividual has filed a statement of disagree- ated, received, obtained, maintained, used, activities. ment under subsection (c)(3), the person in- transmitted, or disposed of by such person. (3) LIMITATIONS ON AGENTS.—An agent who volved, in any subsequent disclosure of the (b) FUNDAMENTAL SAFEGUARDS.—The safe- receives protected health information from a disputed portion of the information— guards established pursuant to subsection (a) person described in subsection (a) shall, in (1) shall include a notation concerning the shall address the following factors: its own right, be subject to the applicable individual’s statement; and (1) The purpose for which protected health provisions of this Act. (2) may include a concise statement of the information is needed and whether that pur- (c) APPLICABILITY TO EMPLOYERS.— reasons for not making the requested amend- pose can be accomplished with nonidentifi- (1) IN GENERAL.—An employer may use an ment. able health information. employee or agent to create, receive, or (e) RULES GOVERNING AGENTS.—The agent (2) Appropriate procedures for maintaining maintain protected health information in of a person described in subsection (a)(2) the security of protected health information order to carry out an otherwise lawful activ- shall not be required to make amendments and assuring the appropriate use of any key ity so long as— April 27, 1999 CONGRESSIONAL RECORD — SENATE S4261 (A) the disclosure of the protected em- for treatment, payment, and health care op- the signing of such authorization by the in- ployee health information within the entity erations of such provider, and in arranging dividual is a prerequisite for the signing of is compatible with the purpose for which the for treatment and payment from other pro- an authorization under section 202. information was obtained and limited to in- viders. (b) WRITTEN AUTHORIZATIONS.—A person formation necessary to accomplish the pur- (5) PROVIDERS.—Any health care provider may disclose and use protected health infor- pose of the disclosure; and providing health care to an individual may, mation, for purposes other than those au- (B) the employer prohibits the release, in connection with providing such care, ob- thorized under section 202, pursuant to a transfer or communication of the protected tain a signed, written authorization that is a written authorization signed by the indi- health information to officers, employees, or legal, informed authorization concerning the vidual who is the subject of the information agents responsible for hiring, promotion, and use and disclosure of protected health infor- that meets the requirements of section making work assignment decisions with re- mation with respect to such individual for 201(e). An authorization under this section spect to the subject of the information. treatment, payment, and health care oper- shall be separate from any authorization provided under section 202. (2) DETERMINATION.—For purposes of para- ations of such provider. (c) LIMITATION ON AUTHORIZATIONS.— graph (1)(A), the determination of what con- (b) REVOCATION OF AUTHORIZATION.— (1) IN GENERAL.—Notwithstanding any stitutes information necessary to accom- (1) IN GENERAL.—An individual may revoke other provision of Federal law, life insurers, plish the purpose for which the information an authorization under this section at any and any other entity that offers disability is obtained shall be made by a health care time, by sending written notice to the person income or long term care insurance under provider, except in situations involving pay- who obtained such authorization, unless the the laws of any State, shall meet the re- ment for health plan operations undertaken disclosure that is the subject of the author- quirements of section 201(a) with respect to ization is required to complete a course of by the employer. an individual for purposes of life, disability (d) CREATION OF NONIDENTIFIABLE HEALTH treatment, effectuate payment, or conduct income or long term care insurance, by ob- INFORMATION.—A person described in sub- health care operations for health care that taining the authorization of the individual section (a) may use protected health infor- has been provided to the individual. under this section. mation for the purpose of creating nonidenti- (2) HEALTH PLANS.—With respect to a (2) DURING PERIOD OF COVERAGE.—Notwith- fiable health information. health plan, the authorization of an indi- standing paragraph (1), an authorization ob- (e) INDIVIDUAL AUTHORIZATION.—To be vidual is deemed to be revoked at the time of tained in the ordinary course of business in valid, an authorization to disclose protected the cancellation or non-renewal of enroll- connection with life, disability income or health information under this title shall— ment in the health plan, except as may be long-term care insurance under this section (1) identify the individual who is the sub- necessary to conduct health care operations shall remain in effect during the term of the ject of the protected health information; and complete payment requirements related individual’s insurance coverage and as may (2) describe the nature of the information to the individual’s period of enrollment. be necessary to enable the issuer to meet its to be disclosed; (3) TERMINATION OF PLAN.—With respect to obligations with respect to such individual (3) identify the type of person to whom the the revocation of an authorization under this under the terms of the policy, plan or pro- information is to be disclosed; section by an enrollee in a health plan, the gram. (4) describe the purpose of the disclosure; health plan may terminate the coverage of (3) OTHER AUTHORIZATIONS.—An authoriza- (5) be subject to revocation by the indi- such enrollee under such plan if the health tion obtained from an individual in connec- vidual and indicate that the authorization is plan determines that the revocation has re- tion with an application that does not result valid until revocation by the individual; and sulted in the inability of the plan to provide in coverage with respect to such individual (6) be in writing, dated, and signed by the care for the enrollee or conduct health care shall expire the earlier of the date specified individual, a family member or other author- operations. in the individual’s authorization or the effec- ized representative. (c) RECORD OF INDIVIDUAL’S AUTHORIZA- tive date of any revocation under subsection (f) MANIPULATION OF NONIDENTIFIABLE TIONS AND REVOCATIONS.—Each person who (d). EALTH NFORMATION H I .—Any person who ma- obtains or is required to obtain an authoriza- (d) REVOCATION OR AMENDMENT OF AUTHOR- nipulates nonidentifiable health information tion under this section shall maintain a IZATION.— in order to identify an individual, or uses a record for a period of 7 years of each such au- (1) IN GENERAL.—Except as otherwise pro- key to identify an individual without au- thorization of an individual and revocation vided for in this section, an individual may thorization, is deemed to have disclosed pro- thereof. revoke or amend an authorization described tected health information. (d) MODEL AUTHORIZATIONS.—The Sec- in this section by providing written notice to SEC. 202. PROCUREMENT OF AUTHORIZATIONS retary, after notice and opportunity for pub- the person who obtained such authorization FOR USE AND DISCLOSURE OF PRO- lic comment, shall develop and disseminate unless the disclosure that is the subject of TECTED HEALTH INFORMATION FOR model written authorizations of the type de- the authorization is related to the evalua- TREATMENT, PAYMENT, AND scribed in subsection (a). The Secretary shall tion of an application for life, disability in- HEALTH CARE OPERATIONS. consult with the National Committee on (a) AUTHORIZATIONS.— come or long-term care insurance coverage Vital and Health Statistics in developing (1) IN GENERAL.—With respect to each indi- or a claim for life, disability income or long- such authorizations. An authorization ob- vidual, a single authorization that substan- term care insurance benefits. tained on a model authorization form devel- tially complies with section 201(e) must be (2) NOTICE OF REVOCATION.—A person that oped by the Secretary pursuant to the pre- secured to permit the use and disclosure of discloses protected health information pur- ceding sentence shall be deemed to meet the protected health information concerning suant to an authorization that has been re- authorization requirements of this section. such individual for treatment, payment, and voked under paragraph (1) shall not be sub- (e) RULES OF CONSTRUCTION.— health care operations, as provided for in ject to any liability or penalty under this (1) SINGLE AUTHORIZATIONS.—An employer this subsection. title if that person had no actual notice of or health plan shall be deemed to meet the the revocation. (2) EMPLOYERS.—Every employer offering a requirements of subsection (a) with respect (e) DISCLOSURE FOR PURPOSE ONLY.—A re- health plan to its employees shall, at the to a spouse, child, or other eligible depend- cipient of protected health information pur- time of, and as a condition of enrollment in ent if, at the time of enrollment, a single au- suant to an authorization under subsection the health plan, obtain a signed, written au- thorization under subsection (a) is obtained (b) may disclose such information only to thorization that is a legal, informed author- from the employee or other individual who carry out the purposes for which the infor- ization concerning the use and disclosure of accepts responsibility for health plan enroll- mation was authorized to be disclosed. protected health information for treatment, ment. (f) MODEL AUTHORIZATIONS.— payment, and health care operations with re- (2) REQUIREMENT FOR SEPARATE AUTHORIZA- (1) IN GENERAL.—The Secretary, after no- spect to each individual who is eligible to re- TION.—An authorization for the disclosure of tice and opportunity for public comment, ceive care under the health plan. protected health information for treatment, shall develop and disseminate model written (3) HEALTH PLANS.—Every health plan of- payment, and health care operations shall authorizations of the type described in sub- fering enrollment to individuals or non-em- not directly or indirectly authorize the dis- section (b). The Secretary shall consult with ployer groups shall, at the time of, and as a closure of such information for any other the National Committee on Vital and Health condition of enrollment in the health plan, purpose. Any other such disclosures shall re- Statistics in developing such authorizations. obtain a signed, written authorization that quire a separate authorization under section (2) AUTHORITY OF INSURANCE COMMIS- is a legal, informed authorization concerning 203. SIONER.—Notwithstanding paragraph (1), the the use and disclosure of protected health in- SEC. 203. AUTHORIZATIONS FOR USE OR DISCLO- insurance commissioner of the State of formation for treatment, payment, and SURE OF PROTECTED HEALTH IN- domicile of a life insurer may exercise exclu- health care operations, with respect to each FORMATION OTHER THAN FOR sive authority in developing and dissemi- individual who is eligible to receive care TREATMENT, PAYMENT, AND nating model written authorizations for pur- under the plan. HEALTH CARE OPERATIONS. poses of subsection (c). (4) UNINSURED.—An originating provider (a) IN GENERAL.—An individual who is the (3) COMPLIANCE WITH REQUIREMENTS.—An providing health care to an uninsured indi- subject of protected health information may authorization obtained using a model au- vidual, shall obtain a signed, written author- authorize any person to disclose or use such thorization promulgated under this sub- ization to use and disclose protected health information for any purpose. An authoriza- section shall be deemed to meet the author- information with respect to such individual tion under this section shall not be valid if ization requirements of this section. S4262 CONGRESSIONAL RECORD — SENATE April 27, 1999

(g) AUTHORIZATIONS FOR RESEARCH.—This iting body or public health authority, a the duly appointed deputy of a Coroner or section applies to health research only where health oversight agency, or a State insur- Medical Examiner, receives health informa- such research is not governed by section 208. ance department, for purposes of an over- tion from a person referred to in paragraph SEC. 204. NEXT OF KIN AND DIRECTORY INFOR- sight function authorized by law. (1), such health information shall remain as MATION. (b) PROTECTION FROM FURTHER DISCLO- protected health information unless the (a) NEXT OF KIN.—A health care provider, SURE.—Protected health information this is health information is attached to or other- or a person who receives protected health in- disclosed under this section shall not be fur- wise made a part of a Coroner’s or Medical formation under section 205, may disclose ther disclosed by an accrediting body or pub- Examiner’s official report, in which case it protected health information regarding an lic health authority, a health oversight shall no longer be protected. individual to the individual’s spouse, parent, agency, a State insurance department, or (3) EXEMPTION.—Health information at- child, sister, brother, next of kin, or to an- their agents for any purpose unrelated to the tached to or otherwise made a part of a Coro- other person whom the individual has identi- authorized oversight function. Notwith- ner’s or Medical Examiner’s official report, fied, if— standing any other provision of law, pro- shall be exempt from the provisions of this (1) the individual who is the subject of the tected health information disclosed under Act. information— this section shall be protected from further SEC. 208. HEALTH RESEARCH. (A) has been notified of the individual’s disclosure by an accrediting body or public (a) IN GENERAL.—A person lawfully in pos- right to object to such disclosure and the in- health authority, a health oversight agency, session of protected health information may dividual has not objected to the disclosure; a State insurance department, or their disclose such information to a health re- or agents pursuant to a subpoena, discovery re- (B) is in a physical or mental condition quest, introduction as evidence, testimony, searcher under any of the following arrange- such that the individual is not capable of ob- or otherwise. ments: jecting, and there are no prior indications (c) AUTHORIZATION BY A SUPERVISOR.—For (1) RESEARCH GOVERNED BY THE COMMON that the individual would object; purposes of this section, the individual with RULE.—A person identified in subsection (a) (2) the information disclosed relates to authority to authorize the oversight func- may disclose protected health information health care currently being provided to that tion involved shall provide to the person de- to a health researcher if the research project individual; and scribed in subsection (a) a statement that has been approved by an institutional review (3) the disclosure of the protected health the protected health information is being board pursuant to the requirements of the information is consistent with good medical sought for a legally authorized oversight common rule as implemented by a Federal or professional practice. function. agency. (b) DIRECTORY INFORMATION.— (d) USE IN ACTION AGAINST INDIVIDUALS.— (2) ANALYSES OF HEALTH CARE RECORDS AND (1) DISCLOSURE.— Protected health information about an indi- MEDICAL ARCHIVES.—A person identified in (A) IN GENERAL.—Except as provided in vidual that is disclosed under this section subsection (a) may disclose protected health paragraph (2), a person described in sub- may not be used by the recipient in, or dis- information to a health researcher if— section (a) may disclose the information de- closed by the recipient to any person for use (A) consistent with the safeguards estab- scribed in subparagraph (B) to any person if in, an administrative, civil, or criminal ac- lished pursuant to section 111 and the per- the individual who is the subject of the tion or investigation directed against the in- son’s policies and procedures established information— dividual who is the subject of the protected under this section, the health research has (i) has been notified of the individual’s health information unless the action or in- been reviewed by a board, committee, or right to object and the individual has not ob- vestigation arises out of and is directly re- other group formally designated by such per- jected to the disclosure; or lated to— son to review research programs; (ii) is in a physical or mental condition (1) the receipt of health care or payment (B) the health research involves analysis of such that the individual is not capable of ob- for health care; or protected health information previously cre- jecting, the individual’s next of kin has not (2) a fraudulent claim related to health ated or collected by the person; objected, and there are no prior indications care, or a fraudulent or material misrepre- (C) the person that maintains the pro- that the individual would object. sentation of the health of the individual. tected health information to be used in the (B) INFORMATION.—Information described SEC. 207. PUBLIC HEALTH. analyses has in place a written policy and in this subparagraph is information that (a) IN GENERAL.—A health care provider, procedure to assure the security and con- consists only of 1 or more of the following health plan, public health authority, health fidentiality of protected health information items: researcher, employer, life insurer, law en- and to specify permissible and impermissible (i) The name of the individual who is the forcement official, school, or university may uses of such information for health research; subject of the information. disclose protected health information to a (D) the person that maintains the pro- (ii) The general health status of the indi- public health authority or other person au- tected health information to be used in the vidual, described as critical, poor, fair, sta- thorized by law for use in a legally analyses enters into a written agreement ble, or satisfactory or in terms denoting authorized— with the recipient health researcher that similar conditions. (1) disease or injury report; specifies the permissible and impermissible (iii) The location of the individual on (2) public health surveillance; uses of the protected health information and premises controlled by a provider. (3) public health investigation or interven- provides notice to the researcher that any (2) EXCEPTION.— tion; misuse or further disclosure of the informa- (A) LOCATION.—Paragraph (1)(B)(iii) shall (4) vital statistics report, such as birth or tion to other persons is prohibited and may not apply if disclosure of the location of the death information; provide a basis for action against the health individual would reveal specific information (5) report of abuse or neglect information researcher under this Act; and about the physical or mental condition of about any individual; or (E) the person keeps a record of health re- the individual, unless the individual ex- (6) report of information concerning a com- searchers to whom protected health informa- pressly authorizes such disclosure. municable disease status. tion has been disclosed. (B) DIRECTORY OR NEXT OF KIN INFORMA- (b) IDENTIFICATION OF DECEASED INDI- (3) SAFETY AND EFFICACY REPORTS.—A per- TION.—A disclosure may not be made under VIDUAL.—Any person may disclose protected son may disclose protected health informa- this section if the health care provider in- health information if such disclosure is nec- tion to a manufacturer of a drug, biologic or volved has reason to believe that the disclo- essary to assist in the identification or safe medical device, in connection with any mon- sure of directory or next of kin information handling of a deceased individual. itoring activity or reports made to such could lead to the physical or mental harm of (c) REQUIREMENT TO RELEASE PROTECTED manufacturer for use in verifying the safety the individual, unless the individual ex- HEALTH INFORMATION TO CORONERS AND MED- or efficacy of such manufacturer’s approved pressly authorizes such disclosure. ICAL EXAMINERS.— product in special populations or for long SEC. 205. EMERGENCY CIRCUMSTANCES. (1) IN GENERAL.—When a Coroner or a Med- term use. Any person who creates or receives pro- ical Examiner, or the duly appointed deputy (b) OVERSIGHT.—On the advice of the Na- tected health information under this title of a Coroner or Medical Examiner, seeks pro- tional Committee on Vital and Health Sta- may disclose protected health information in tected health information for the purpose of tistics, the Secretary shall report to the emergency circumstances when necessary to inquiry into and determination of, the cause, Congress not later than 18 months after the protect the health or safety of the individual manner, and circumstances of a death, the effective date of this section concerning the who is the subject of such information from health care provider, health plan, health adequacy of the policies and procedures im- serious, imminent harm. No disclosure made oversight agency, public health authority, plemented pursuant to subsection (a)(2) for in the good faith belief that the disclosure employer, life insurer, health researcher, law protecting the confidentiality of protected was necessary to protect the health or safety enforcement official, school, or university health information while promoting its use of an individual from serious, imminent involved shall provide the protected health in research concerning health care outcomes, harm shall be in violation of, or punishable information to the Coroner or Medical Ex- the epidemiology and etiology of diseases under, this Act. aminer or to the duly appointed deputy with- and conditions and the safety, efficacy and SEC. 206. OVERSIGHT. out undue delay. cost effectiveness of health care interven- (a) IN GENERAL.—Any person may disclose (2) PRODUCTION OF ADDITIONAL INFORMA- tions. Based on the conclusions of such re- protected health information to an accred- TION.—If a Coroner or Medical Examiner, or port, the Secretary may promulgate model April 27, 1999 CONGRESSIONAL RECORD — SENATE S4263 language for written agreements deemed to (3) a warrant issued upon a showing of (A) shall not be subject to this Act to the comply with subsection (a)(2)(C). probable cause; extent that such person or entity is de- (c) STATUTORY ASSURANCE OF CONFIDEN- (4) a Federal or State law requiring the re- scribed in subsection (b) and to the extent TIALITY.— porting of specific medical information to that such person or entity is engaged in ac- (1) IN GENERAL.—Protected health informa- law enforcement authorities; tivities authorized in that subsection; and tion obtained by a health researcher pursu- (5) a written consent or waiver of privilege (B) shall be subject to enforcement exclu- ant to this section shall be used and main- by an individual allowing access to the indi- sively under section 8 of the Federal Deposit tained in confidence, consistent with the vidual’s protected health information; or Insurance Act, the Federal Credit Union Act, confidentiality practices established by the (6) by other court order. or the Securities and Exchange Act, as appli- health researcher pursuant to section 111. SEC. 211. PAYMENT CARD AND ELECTRONIC PAY- cable, to the extent that such person or enti- (2) LIMITATION ON COMPELLED DISCLOSURE.— MENT TRANSACTION. ty is engaged in activities other than those A health researcher may not be compelled in (a) PAYMENT FOR HEALTH CARE THROUGH permitted under subsection (b). any Federal, State, or local civil, criminal, CARD OR ELECTRONIC MEANS.—If an indi- (3) RULE OF CONSTRUCTION.—Nothing in administrative, legislative, or other pro- vidual pays for health care by presenting a this subsection shall be construed to exempt ceeding to disclose protected health informa- debit, credit, or other payment card or ac- entities described in paragraph (2) from the tion created, maintained or received under count number, or by any other payment prohibition set forth in subsection (c). this section. Nothing in this paragraph shall means, the person receiving the payment SEC. 212. INDIVIDUAL REPRESENTATIVES. be construed to prevent an audit or lawful may disclose to a person described in sub- (a) IN GENERAL.—Except as provided in investigation pursuant to the authority of a section (b) only such protected health infor- subsections (b) and (c), a person who is au- Federal department or agency, of a research mation about the individual as is necessary thorized by law (based on grounds other than project conducted, supported or subject to in connection with activities described in the individual being a minor), or by an in- subsection (b), including the processing of regulation by such department or agency. strument recognized under law, to act as an the payment transaction or the billing or (3) LIMITATION ON FURTHER USE OR DISCLO- agent, attorney, proxy, or other legal rep- collection of amounts charged to, debited SURE.—Notwithstanding any other provision resentative of a protected individual, may, from, or otherwise paid by, the individual of law, information disclosed by a health re- to the extent so authorized, exercise and dis- using the card, number, or other means. searcher to a Federal department or agency charge the rights of the individual under this (b) TRANSACTION PROCESSING.—A person under this subsection may not be further Act. used or disclosed by the department or agen- who is a debit, credit, or other payment card issuer, a payment system operator, a finan- (b) HEALTH CARE POWER OF ATTORNEY.—A cy for a purpose unrelated to the depart- person who is authorized by law (based on ment’s or agency’s oversight or investiga- cial institution participant in a payment system or is an entity assisting such an grounds other than being a minor), or by an tion. instrument recognized under law, to make SEC. 209. DISCLOSURE IN CIVIL, JUDICIAL, AND issuer, operator, or participant in connection with activities described in this subsection, decisions about the provision of health care ADMINISTRATIVE PROCEDURES. to an individual who is incapacitated, may (a) IN GENERAL.—A health care provider, may use or disclose protected health infor- exercise and discharge the rights of the indi- health plan, public health authority, em- mation about an individual in connection vidual under this Act to the extent necessary ployer, life insurer, law enforcement official, with— to effectuate the terms or purposes of the school, or university may disclose protected (1) the authorization, settlement, billing, grant of authority. health information pursuant to a discovery processing, clearing, transferring, recon- (c) NO COURT DECLARATION.—If a health request or subpoena in a civil action brought ciling, or collection of amounts charged, deb- care provider determines that an individual, in a Federal or State court or a request or ited or otherwise paid using a debit, credit, who has not been declared to be legally in- subpoena related to a Federal or State ad- or other payment card or account number, or competent, suffers from a medical condition ministrative proceeding if such discovery re- by other payment means; that prevents the individual from acting quest or subpoena is made through or pursu- (2) the transfer of receivables, accounts, or ant to a court order as provided for in sub- interest therein; knowingly or effectively on the individual’s section (b). (3) the audit of the debit, credit, or other own behalf, the right of the individual to au- (b) COURT ORDERS.— payment information; thorize disclosure under this Act may be ex- (1) STANDARD FOR ISSUANCE.—In consid- (4) compliance with Federal, State, or local ercised and discharged in the best interest of ering a request for a court order regarding law; the individual by— the disclosure of protected health informa- (5) compliance with a properly authorized (1) a person described in subsection (b) tion under subsection (a), the court shall civil, criminal, or regulatory investigation with respect to the individual; issue such order if the court determines that by Federal, State, or local authorities as (2) a person described in subsection (a) without the disclosure of such information, governed by the requirements of this section; with respect to the individual, but only if a the person requesting the order would be im- or person described in paragraph (1) cannot be paired from establishing a claim or defense. (6) fraud protection, risk control, resolving contacted after a reasonable effort; (2) REQUIREMENTS.—An order issued under customer disputes or inquiries, commu- (3) the next of kin of the individual, but paragraph (1) shall— nicating with the person to whom the infor- only if a person described in paragraph (1) or (A) provide that the protected health infor- mation relates, or reporting to consumer re- (2) cannot be contacted after a reasonable ef- mation involved is subject to court protec- porting agencies. fort; or tion; (c) SPECIFIC PROHIBITIONS.—A person de- (4) the health care provider, but only if a (B) specify to whom the information may scribed in subsection (b) may not disclose person described in paragraph (1), (2), or (3) be disclosed; protected health information for any purpose cannot be contacted after a reasonable ef- (C) specify that such information may not that is not described in subsection (b). Not- fort. otherwise be disclosed or used; and withstanding any other provision of law, any (d) APPLICATION TO DECEASED INDIVID- (D) meet any other requirements that the health care provider, health plan, health UALS.—The provisions of this Act shall con- court determines are needed to protect the oversight agency, health researcher, em- tinue to prevent disclosure of protected confidentiality of the information. ployer, life insurer, school or university who health information concerning a deceased in- (c) APPLICABILITY.—This section shall not makes a good faith disclosure of protected dividual. apply in a case in which the protected health health information to an entity and for the (e) EXERCISE OF RIGHTS ON BEHALF OF A DE- information sought under such discovery re- purposes described in subsection (b) shall not CEASED INDIVIDUAL.— quest or subpoena relates to a party to the be liable for subsequent disclosures by such (1) IN GENERAL.—A person who is author- litigation or an individual whose medical entity. ized by law or by an instrument recognized condition is at issue. (d) SCOPE.— under law, to act as an executor of the estate (d) EFFECT OF SECTION.—This section shall (1) IN GENERAL.—The use of protected of a deceased individual, or otherwise to ex- not be construed to supersede any grounds health information by a person described in ercise the rights of the deceased individual, that may apply under Federal or State law subsection (b) and its agents shall not be may, to the extent so authorized, exercise for objecting to turning over the protected considered a disclosure for purposes of this and discharge the rights of such deceased in- health information. Act, so long as the use involved is consistent dividual under this Act for a period of 2 SEC. 210. DISCLOSURE FOR LAW ENFORCEMENT with the activities authorized in subsection years following the death of such individual. PURPOSES. (b) or other purposes for which the informa- If no such designee has been authorized, the A person who receives protected health in- tion was lawfully obtained. rights of the deceased individual may be ex- formation pursuant to sections 202 through (2) REGULATED INSTITUTIONS.—A person ercised as provided for in subsection (c). 207, may disclose such information to a State who is subject to enforcement pursuant to (2) INSURED INDIVIDUALS.—In the case of an or Federal law enforcement agency if such section 8 of the Federal Deposit Insurance individual who is deceased and who was the disclosure is pursuant to— Act or who is a Federal credit union or State insured under an insurance policy or poli- (1) a subpoena issued under the authority credit union as defined in the Federal Credit cies, the right to authorize disclosure of pro- of a grand jury; Union Act or who is registered pursuant to tected health information may be exercised (2) an administrative or judicial subpoena the Securities and Exchange Act, or who is by the beneficiary or beneficiaries of such in- or summons; an entity assisting such a person— surance policy or policies. S4264 CONGRESSIONAL RECORD — SENATE April 27, 1999

(f) RIGHTS OF MINORS.—The rights of mi- Subtitle B—Civil Sanctions (2) the degree of culpability, history of nors under this Act shall be exercised by a SEC. 311. CIVIL PENALTY VIOLATION. prior offenses, and financial condition of the parent, the minor or other person as pro- A person who the Secretary, in consulta- person presenting the claims; vided under applicable state law. tion with the Attorney General, determines (3) evidence of good faith endeavor to pro- SEC. 213. NO LIABILITY FOR PERMISSIBLE DIS- has substantially and materially failed to tect the confidentiality of protected health CLOSURES. comply with this Act shall be subject, in ad- information; and A health care provider, health plan, health dition to any other penalties that may be (4) such other matters as justice may re- oversight agency, health researcher, em- prescribed by law— quire. ployer, life insurer, school, or university, or (1) in a case in which the violation relates (c) REVIEW OF DETERMINATION.— an agent of any such person, that makes a to title I, to a civil penalty of not more than (1) IN GENERAL.—Any person adversely af- disclosure of protected health information $500 for each such violation, but not to ex- fected by a determination of the Secretary about an individual that is permitted by this ceed $5,000 in the aggregate for multiple vio- under this section may obtain a review of Act shall not be liable to the individual for lations arising from the same failure to com- such determination in the United States such disclosure under common law. ply with the Act; Court of Appeals for the circuit in which the (2) in a case in which the violation relates person resides, or in which the claim was SEC. 214. SALE OF BUSINESS, MERGERS, ETC. to title II, to a civil penalty of not more presented, by filing in such court (within 60 (a) IN GENERAL.—A health care provider, than $10,000 for each such violation, but not days following the date the person is notified health plan, health oversight agency, em- to exceed $50,000 in the aggregate for mul- of the determination of the Secretary) a ployer, life insurer, school, or university tiple violations arising from the same failure written petition requesting that the deter- may disclose protected health information to comply with the Act; or mination be modified or set aside. to a person or persons for purposes of ena- (3) in a case in which the Secretary finds (2) FILING OF RECORD.—A copy of the peti- bling business decisions to be made about or that such violations have occurred with such tion filed under paragraph (1) shall be forth- in connection with the purchase, transfer, frequency as to constitute a general business with transmitted by the clerk of the court to merger, or sale of a business or businesses. practice, to a civil penalty of not more than the Secretary, and thereupon the Secretary (b) NO FURTHER USE OR DISCLOSURE.—A $100,000. shall file in the Court the record in the pro- person or persons who receive protected SEC. 312. PROCEDURES FOR IMPOSITION OF PEN- ceeding as provided in section 2112 of title 28, health information under this section shall ALTIES. United States Code. Upon such filing, the make no further use or disclosure of such in- (a) INITIATION OF PROCEEDINGS.— court shall have jurisdiction of the pro- formation unless otherwise authorized under (1) IN GENERAL.—The Secretary, in con- ceeding and of the question determined this Act. sultation with the Attorney General, may therein, and shall have the power to make TITLE III—SANCTIONS initiate a proceeding to determine whether and enter upon the pleadings, testimony, and proceedings set forth in such record a decree Subtitle A—Criminal Provisions to impose a civil money penalty under sec- tion 311. The Secretary may not initiate an affirming, modifying, remanding for further SEC. 301. WRONGFUL DISCLOSURE OF PRO- action under this section with respect to any consideration, or setting aside, in whole or TECTED HEALTH INFORMATION. violation described in section 311 after the in part, the determination of the Secretary (a) IN GENERAL.—Part I of title 18, United expiration of the 6-year period beginning on and enforcing the same to the extent that States Code, is amended by adding at the end the date on which such violation was alleged such order is affirmed or modified. the following: to have occurred. The Secretary may initiate (3) CONSIDERATION OF OBJECTIONS.—No ob- ‘‘CHAPTER 124—WRONGFUL DISCLOSURE an action under this section by serving no- jection that has not been raised before the OF PROTECTED HEALTH INFORMATION tice of the action in any manner authorized Secretary with respect to a determination by Rule 4 of the Federal Rules of Civil Proce- described in paragraph (1) shall be considered ‘‘SEC. 2801. WRONGFUL DISCLOSURE OF PRO- by the court, unless the failure or neglect to TECTED HEALTH INFORMATION. dure. OTICE AND OPPORTUNITY FOR HEARING raise such objection shall be excused because ‘‘(a) OFFENSE.—The penalties described in (2) N .— of extraordinary circumstances. subsection (b) shall apply to a person that The Secretary shall not make a determina- tion adverse to any person under paragraph (4) FINDINGS.—The findings of the Sec- knowingly and intentionally— retary with respect to questions of fact in an ‘‘(1) obtains protected health information (1) until the person has been given written notice and an opportunity for the determina- action under this subsection, if supported by relating to an individual from a health care substantial evidence on the record consid- provider, health plan, health oversight agen- tion to be made on the record after a hearing at which the person is entitled to be rep- ered as a whole, shall be conclusive. If any cy, public health authority, employer, life resented by counsel, to present witnesses, party shall apply to the court for leave to insurer, health researcher, law enforcement and to cross-examine witnesses against the adduce additional evidence and shall show to official, school, or university except as pro- person. the satisfaction of the court that such addi- vided in title II of the Medical Information (3) SANCTIONS FOR FAILURE TO COMPLY.— tional evidence is material and that there Protection Act of 1999; or The official conducting a hearing under this were reasonable grounds for the failure to ‘‘(2) discloses protected health information section may sanction a person, including any adduce such evidence in the hearing before to another person in a manner other than party or attorney, for failing to comply with the Secretary, the court may order such ad- that which is permitted under title II of the an order or procedure, failing to defend an ditional evidence to be taken before the Sec- Medical Information Protection Act of 1999. action, or other misconduct as would inter- retary and to be made a part of the record. ‘‘(b) PENALTIES.—A person described in fere with the speedy, orderly, or fair conduct The Secretary may modify findings as to the subsection (a) shall— of the hearing. Such sanction shall reason- facts, or make new findings, by reason of ad- ‘‘(1) be fined not more than $50,000, impris- ably relate to the severity and nature of the ditional evidence so taken and filed, and oned not more than 1 year, or both; failure or misconduct. Such sanction may shall file with the court such modified or ‘‘(2) if the offense is committed under false include— new findings, and such findings with respect pretenses, be fined not more than $100,000, (A) in the case of refusal to provide or per- to questions of fact, if supported by substan- imprisoned not more than 5 years, or both; mit discovery, drawing negative factual in- tial evidence on the record considered as a or ferences or treating such refusal as an ad- whole, and the recommendations of the Sec- ‘‘(3) if the offense is committed with the mission by deeming the matter, or certain retary, if any, for the modification or setting intent to sell, transfer, or use protected facts, to be established; aside of the original order, shall be conclu- health information for monetary gain or ma- (B) prohibiting a party from introducing sive. licious harm, be fined not more than $250,000, certain evidence or otherwise supporting a (5) EXCLUSIVE JURISDICTION.—Upon the fil- imprisoned not more than 10 years, or both. particular claim or defense; ing of the record with the court under para- ‘‘(c) SUBSEQUENT OFFENSES.—In the case of (C) striking pleadings, in whole or in part; graph (2), the jurisdiction of the court shall a person described in subsection (a), the (D) staying the proceedings; be exclusive and its judgment and decree maximum penalties described in subsection (E) dismissal of the action; shall be final, except that the same shall be (b) shall be doubled for every subsequent (F) entering a default judgment; subject to review by the Supreme Court of conviction for an offense arising out of a vio- (G) ordering the party or attorney to pay the United States, as provided for in section lation or violations related to a set of cir- attorneys’ fees and other costs caused by the 1254 of title 28, United States Code. cumstances that are different from those in- failure or misconduct; and (d) RECOVERY OF PENALTIES.— volved in the previous violation or set of re- (H) refusing to consider any motion or (1) IN GENERAL.—Civil money penalties im- lated violations described in such subsection other action which is not filed in a timely posed under this subtitle may be com- (a).’’. manner. promised by the Secretary and may be recov- (b) CLERICAL AMENDMENT.—The table of (b) SCOPE OF PENALTY.—In determining the ered in a civil action in the name of the chapters for part I of title 18, United States amount or scope of any penalty imposed pur- United States brought in United States dis- Code, is amended by inserting after the item suant to section 311, the Secretary shall take trict court for the district where the claim relating to chapter 123 the following new into account— was presented, or where the claimant re- item: (1) the nature of claims and the cir- sides, as determined by the Secretary. ‘‘124. Wrongful disclosure of pro- cumstances under which they were pre- Amounts recovered under this section shall tected health information ...... 2801’’. sented; be paid to the Secretary and deposited as April 27, 1999 CONGRESSIONAL RECORD — SENATE S4265 miscellaneous receipts of the Treasury of the the State of residence of an insured under a the Coast Guard, exercise the same powers as United States. life, disability income or long-term care in- the Secretary of Defense may exercise under (2) DEDUCTION FROM AMOUNTS OWING.—The surance policy may exercise exclusive au- paragraph (1)(A). amount of any penalty, when finally deter- thority to impose any penalties on a life in- (B) APPLICATION TO CIVILIAN EMPLOYEES.— mined under this section, or the amount surer for violations of this Act in connection The Secretary of Transportation may, with agreed upon in compromise under paragraph with life, disability income or long-term care respect to civilian employees of the Coast (1), may be deducted from any sum then or insurance pursuant to the administrative Guard and Coast Guard contractors, exercise later owing by the United States or a State procedures provided under that State’s in- the same powers as the Secretary of Defense to the person against whom the penalty has surance laws. may exercise under paragraph (1)(B). been assessed. (b) FAIL-SAFE FEDERAL AUTHORITY.—In the (3) DEPARTMENT OF VETERANS AFFAIRS.— (e) DETERMINATION FINAL.—A determina- case of a State that fails to substantially en- The limitations on use and disclosure of pro- tion by the Secretary to impose a penalty force the requirements of title I or title II of tected health information under this Act under section 311 shall be final upon the ex- this Act with respect to life insurers regu- shall not be construed to prevent any ex- piration of the 60-day period referred to in lated by such State, the provisions of this change of such information within and subsection (c)(1). Matters that were raised or title shall apply with respect to a life insurer among components of the Department of that could have been raised in a hearing be- in the same way that they apply to other Veterans Affairs that determine eligibility fore the Secretary or in an appeal pursuant persons subject to the Act. for or entitlement to, or that provide, bene- to subsection (c) may not be raised as a de- TITLE IV—MISCELLANEOUS fits under laws administered by the Sec- fense to a civil action by the United States SEC. 401. RELATIONSHIP TO OTHER LAWS. retary of Veteran Affairs. to collect a penalty under section 311. (a) STATE AND FEDERAL LAW.—Except as SEC. 402. CONFORMING AMENDMENT. (f) SUBPOENA AUTHORITY.— provided in this section, the provisions of Section 1171(6) of the Social Security Act (1) IN GENERAL.—For the purpose of any this Act shall preempt any State law that re- (42 U.S.C. 1320d(6)) is amended to read as fol- hearing, investigation, or other proceeding lates to matters covered by this Act. Noth- lows: authorized or directed under this section, or ing in this Act shall be construed to pre- ‘‘(6) INDIVIDUALLY IDENTIFIABLE HEALTH IN- relative to any other matter within the ju- empt, modify, repeal or affect the interpreta- FORMATION.—The term ‘individually identifi- risdiction of the Attorney General here- tion of a provision of Federal or State law able health information’ has the same mean- under, the Attorney General, acting through that relates to the disclosure of protected ing given the term ‘protected health infor- the Secretary shall have the power to issue health information or any other information mation’ by section 4 of the Medical Informa- subpoenas requiring the attendance and tes- about a minor to a parent or guardian of tion Protection Act of 1999.’’. timony of witnesses and the production of such minor. This Act shall not be construed any evidence that relates to any matter SEC. 403. STUDY BY INSTITUTE OF MEDICINE. as repealing, explicitly or implicitly, other Not later than 2 years after the date of en- under investigation or in question before the Federal laws or regulations relating to pro- actment of this Act, the National Research Secretary. Such attendance of witnesses and tected health information or relating to an Council in conjunction with the Institute of production of evidence at the designated individual’s access to protected health infor- Medicine of the National Academy of place of such hearing, investigation, or other mation or health care services. Sciences shall conduct a study to examine proceeding may be required from any place (b) PRIVILEGES.—Nothing in this title shall in the United States or in any Territory or be construed to preempt or modify any pro- research issues relating to protected health possession thereof. visions of State statutory or common law to information, such as the quality and uni- formity of institutional review boards and (2) SERVICE.—Subpoenas of the Secretary the extent that such law concerns a privilege under paragraph (1) shall be served by any- of a witness or person in a court of that their practices with respect to data manage- one authorized by the Secretary by deliv- State. This title shall not be construed to su- ment for both researchers and institutional ering a copy thereof to the individual named persede or modify any provision of Federal review boards, as well as current and pro- therein. statutory or common law to the extent such posed protection of health information in re- lation to the legitimate needs of law enforce- (3) PROOF OF SERVICE.—A verified return by law concerns a privilege of a witness or per- the individual serving the subpoena under son in a court of the United States. Author- ment. The Council shall prepare and submit this subsection setting forth the manner of izations pursuant to sections 202 and 203 to Congress a report concerning the results service shall be proof of service. shall not be construed as a waiver of any of such study. (4) FEES.—Witnesses subpoenaed under this such privilege. SEC. 405. EFFECTIVE DATE. subsection shall be paid the same fees and (c) REPORTS CONCERNING FEDERAL PRIVACY (a) EFFECTIVE DATE.—Except as provided in mileage as are paid witnesses in the district ACT.—Not later than 1 year after the date of subsection (b), this Act shall take effect on court of the United States. enactment of this Act, the head of each Fed- the date that is 12 months after the date on (5) REFUSAL TO OBEY.—In case of contu- eral agency shall prepare and submit to Con- which regulations are promulgated as re- macy by, or refusal to obey a subpoenaed gress a report concerning the effect of this quired under subsection (c). duly served upon, any person, any district Act on each such agency. Such reports shall (b) APPLICABILITY.—The provisions of this court of the United States for the judicial include recommendations for legislation to Act shall only apply to protected health in- district in which such person charged with address concerns relating to the Federal Pri- formation collected and disclosed 12 months contumacy or refusal to obey is found or re- vacy Act. after the date on which regulations are pro- sides or transacts business, upon application (d) APPLICATION TO CERTAIN FEDERAL mulgated as required under subsection (c). AGENCIES.— by the Secretary, shall have jurisdiction to (c) REGULATIONS.—Not later than 12 (1) DEPARTMENT OF DEFENSE.— issue an order requiring such person to ap- months after the date of enactment of this (A) EXCEPTIONS.—The Secretary of Defense pear and give testimony, or to appear and Act, the Secretary shall, in consultation may, by regulation, establish exceptions to produce evidence, or both. Any failure to with the National Committee on Vital and the disclosure requirements of this Act to obey such order of the court may be pun- Health Statistics, promulgate regulations the extent such Secretary determines that ished by the court as contempt thereof. implementing this Act. (g) INJUNCTIVE RELIEF.—Whenever the Sec- disclosure of protected health information (d) EXCEPTION.—If, not later than 18 retary has reason to believe that any person relating to members of the armed forces months after the date of enactment of this has engaged, is engaging, or is about to en- from systems of records operated by the De- Act, the Secretary has not promulgated the gage in any activity which makes the person partment of Defense is necessary under cir- regulations required under subsection (c), subject to a civil monetary penalty under cumstances different from those permitted the effective date for purposes of subsections section 311, the Secretary may bring an ac- under this Act for the proper conduct of na- (a) and (b) shall be the date that is 30 months tion in an appropriate district court of the tional defense functions by members of the after the date of enactment of this Act or 12 United States (or, if applicable, a United armed forces. months after the promulgation of such regu- States court of any territory) to enjoin such (B) APPLICATION TO CIVILIAN EMPLOYEES.— lations, whichever is earlier. activity, or to enjoin the person from con- The Secretary of Defense may, by regula- cealing, removing, encumbering, or disposing tion, establish for civilian employees of the GROUPS SUPPORTING THE MEDICAL of assets which may be required in order to Department of Defense and employees of De- INFORMATION PROTECTION ACT OF 1999 pay a civil monetary penalty if any such partment of Defense contractors, limitations American Medical Informatics Association penalty were to be imposed or to seek other on the right of such persons to revoke or (AMIA). appropriate relief. amend authorizations for disclosures under Joint Healthcare Information Technology (h) AGENCY.—A principal is liable for pen- section 203 when such authorizations were Alliance (JHITA). alties under section 311 for the actions of the provided by such employees as a condition of Intermountain Health Care (IHC). principal’s agent acting within the scope of employment and the disclosure is deter- Premier Institute. the agency. mined necessary by the Secretary of Defense Association of American Medical Colleges SEC. 313. ENFORCEMENT BY STATE INSURANCE to the proper conduct of national defense (AAMC). COMMISSIONERS. functions by such employees. American Health Information Management (a) STATE PENALTIES.—Subject to section (2) DEPARTMENT OF TRANSPORTATION.— Association (AHIMA). 401, and notwithstanding any other provision (A) EXCEPTIONS.—The Secretary of Trans- Healthcare Leadership Council (HLC). of this title, the insurance commissioner of portation may, with respect to members of Federation of American Health Systems. S4266 CONGRESSIONAL RECORD — SENATE April 27, 1999 National Association of Chain Drug Stores United States, as well as have it ex- Where sensible and cost effective, we (NACDS). ported around the world. Think about would like to pursue possible changes PCS Health Systems. the tremendous advancements that to the Tax Code to promote certain ac- Academy of Managed Care Pharmacy. have been made in technology in the tivities or practices designed to reduce, Genentech. Baxter Healthcare Corporation. last decade, Mr. President. Apply the sequester, or avoid greenhouse gas Biotechnology Industry Organization same basis of need for that technology emissions. (BIO). to be used to reduce greenhouse gases These are all approaches that we plan Eli Lilly and Co. and address climate change. The neces- to pursue, in a bipartisan manner, to Pan Am and Wausau Insurance. sity of doing this, Mr. President, is ob- address the issue of greenhouse gas SmithKline Beecham. vious. emissions and potential climate Leukemia Society of America. We have seen discussed and examined change, because we believe the poten- Kidney Cancer Foundation. the costs of Kyoto. The cost of com- Mutual of Omaha. tial threat of human-induced climate plying with Kyoto is estimated to be change will best be solved on a global American Hospital Association (AHA). up to $338 billion in lost gross domestic American Association of Health Plans basis, and solved with technology and (AAHP). product by the year 2010. That equates American innovation over the long Cleveland Clinic Foundation. to $3,068 per household by that year. So term. First Health Group Corporation. it is a substantial investment and de- This is the reason we are engaging Health Insurance Association of America serves our attention now. the developing nations to come (HIAA). Our bill would improve the provisions aboard—by getting new technology Knoll Pharmaceuticals Co. in existing law which promote vol- into the marketplace, get it out there Lahey Clinic. untary reductions in greenhouse gas Mayo Foundation. and installed and reduce emissions. emissions. Our emphasis remains on Compare our approach with that Pharmaceutical Research and Manufactur- encouraging voluntary action and not ers Association (PhRMA). taken by the Kyoto protocol, which creating new regulatory burdens. American Society of Consultant Phar- gives developing nations a free ride. Finally, our bill would establish macists. Kyoto explicitly ignores the provision greater accountability and responsi- Association for Electronic Health Care of the Byrd-Hagel resolution, which Transactions. bility for climate change and related matters within the Department of En- passed this Senate 95 to 0 in 1997. CIGNA. We are, of course, a body of advice Cleveland Clinic Foundation. ergy by establishing a statutory office and consent. We gave the administra- Express Scripts/ValueRx. of global climate change. Somebody tion our advice 95 to 0, so they First Health Group Corporation. needs to be accountable in the Depart- shouldn’t expect our consent. Ninety- Food Marketing Institute. ment of Energy for policies in this Humana, Inc. area. While the Secretary is ultimately five Senators, Mr. President, rarely Knoll Pharmaceuticals. agree on anything. As a consequence, I National Association of Manufacturers. accountable, we want to see greater program direction and focus in this think we have spoken relative to the Pharmaceutical Care Management Asso- merits of the treaty that was brought ciation. area. It is justified, Mr. President, VHA Inc. when we think of the costs associated before us. WellPoint Networks, Inc. with meeting the demands and require- Although the President may seek Blue Cross Blue Shield Association. ments of Kyoto. We can do this and short-term political gain in simply American Association of Occupational achieve this through technology, and it signing a treaty that imposes burdens Health Nurses. long after his watch is over—and that Merck & Co., Inc. is an investment well spent. Now, there are other commonsense is the applicability of these targets— approaches we continue to work on these targets will come long after the By Mr. MURKOWSKI (for him- current administration is gone. So it is self, Mr. HAGEL, Mr. BYRD, Mr. that we or others will later propose in separate bills or as amendments to this very easy to set these targets, because CRAIG, Mr. ROBERTS, Mr. this administration won’t be held ac- GRAMS, Mr. HUTCHINSON, and bill as we get into the debate. For ex- ample, we would like to protect the countable. If the President chooses to Mr. ENZI): ignore our advice, then I don’t think he S. 882. A bill to strengthen provisions U.S. Global Climate Change Research Program from politics and ensure that should expect our consent. That is kind in the Energy Policy Act of 1992 and of where we are now. the Federal Nonnuclear Energy Re- it is conducting high-quality, merit- based, peer-reviewed science; we would If we recall the Byrd-Hagel resolu- search and Development Act of 1974 tion, it said that all nations must be with respect to potential Climate like to remove regulatory obstacles that stand in the way of voluntary included in emission targets and that Change; to the Committee on Energy serious economic harm must not re- and Natural Resources. greenhouse gas emissions reduction; we would like to promote voluntary agri- sult—serious economic harm. But what ENERGY AND CLIMATE POLICY ACT OF 1999 cultural management practices that se- serious economic harm? Mr. President, Mr. MURKOWSKI. Mr. President, quester, or trap, additional carbon di- I suggest that a cost to this Nation of today I rise to introduce legislation co- oxide in biomass and soils; we would $338 billion in lost GDP in the year 2010 sponsored by Senator HAGEL, who is like to promote forest management is significant economic harm. here, Senator BYRD, Senator CRAIG, practices that sequester carbon. Mr. Yet the Kyoto proposal does not in- Senator ROBERTS, Senator GRAMS, Sen- President, we encourage the growth of clude all nations. Only 35 industrial na- ator HUTCHINSON, Senator ENZI, and, of more trees. tions are subject to emission limits, course, Senator HAGEL. We would like to promote U.S. ex- even though the 134 developing nations This is a bill that deals with the ports of clean technologies to nations will surpass them in emissions by the issue of the potential climate change such as China and India, who are belch- year 2015. Moreover, the Kyoto proto- that we have heard so much about in ing greenhouse gases and choking on col’s regulatory approach requires le- this body over the last several months. their own pollutants. For this to be a gally binding quantified emissions re- Our specific bill would do three global approach to a global issue, the ductions of 7 percent below 1990 levels things, Mr. President. First, the bill developing countries must be engaged by the years 2008–2012. That is roughly would create a new $2 billion research, in the solution—unlike Kyoto, where a 40-percent decrease in emissions from development, and demonstration pro- there is a mandate that developing our current baseline. We simply can’t gram designed to develop and enhance countries simply get a free ride. The get there from here without endan- new technology to help stabilize green- recognition is—if you buy that logic— gering energy supply, reliability, or house gas concentrations in the atmos- there is no net gain, no substantial de- our economy. phere. crease in emissions. Under our pro- According to the economic analysis This would be a cost-shared partner- posal, the technology would be applica- of the Department of Energy’s Energy ship with industry to spur innovation ble to the developing nations, so there Information Administration, if we were and technology so that we can use this would be a substantial net decrease in to adopt Kyoto, here is what American technology and have it deployed in the greenhouse gases. consumers could face in the year 2010: April 27, 1999 CONGRESSIONAL RECORD — SENATE S4267 53 percent higher gasoline prices; Mr. MURKOWSKI. I ask that the re- the United Nations Kyoto protocol to- 86 percent higher electric prices; mainder of my time be available to my ward a long-term domestic commit- Upward pressure on interest rates; cosponsor, Senator HAGEL. ment to research and development. As New inflationary pressures. The PRESIDING OFFICER. The Senator MURKOWSKI pointed out, it There goes your surplus. Chair recognizes the Senator from Ne- adds significant Government funding in At a recent hearing of the Energy braska. a private-public enterprise over the and Natural Resources Committee, one Mr. MURKOWSKI. I thank the Chair. next 10 years. It focuses on real witness testified that the economic I thank my colleagues. science, sound science. downturn accompanying the Kyoto im- Mr. HAGEL. Thank you, Mr. Presi- Third, this bill continues Congress’ plementation would depress tax reve- dent. I thank as well Senator MUR- commitment to supporting voluntary nues, erase the surplus we have ear- KOWSKI. energy efforts to reduce, sequester, or marked to shore up Social Security, Mr. President, I rise this morning to avoid manmade greenhouse gas emis- and reduce the public debt. join my colleague and friend, the dis- sions. It does so by strengthening cur- With the Kyoto approach, we say tinguished chairman of the Senate En- rent law—not by creating new inter- goodbye to the budget surplus, goodbye ergy and Natural Resources Com- national, bureaucratic, governmental to the hopes of saving Social Security, mittee, and the senior Senator from regimes in which we will all be ac- and goodbye to the economic pros- West Virginia, Senator BYRD, and countable. perity in this country today. other colleagues in introducing the En- In short, among other things this bill What do we get for enduring this eco- ergy and Climate Policy Act of 1999. We does, we look at the entire picture—the nomic pain? Do we stabilize the green- offer this legislation because we be- consequences of our actions. That house gas concentrations in the atmos- lieve it is time that Congress take a means including activities that natu- phere under Kyoto? The answer is new, bipartisan approach to dealing rally lower the levels of greenhouse gas clearly no. Do we even reduce global with the issue of global climate emissions. greenhouse gas emissions? No, because change. This bill also addresses the issue of any reductions by the 35 developed na- This legislation turns the debate whether such voluntary efforts are tions and the parties to the treaty away from unachievable, U.N.-man- ‘‘real and verifiable’’—Who enforces would be overwhelmed by the growing dated, arbitrary, short-term targets these kinds of mandates?—the role of emissions from the 134 nations that and timetables as dictated by the agriculture, the role of industry, busi- aren’t covered by the Kyoto emissions Kyoto protocol toward a long-term ness, labor, and long-term standard of limit. strategy that focuses on sound science, living consequences: How competitive That is what is wrong with Kyoto. increased research and development, are our products in the world mar- Make no mistake about it, Mr. Presi- incentives for voluntary action, and kets?—market driven, technology dent, the Kyoto protocol is an expen- public-private technological initiatives based. We build on what is already the sive, short-term, narrowly applied reg- that are market driven and technology foundation of this great, free land and ulatory approach that will erode U.S. based. this great, free market economy. sovereignty, punish U.S. consumers, Twenty-first century technologies, This bill also allows all of our enter- and do nothing to enhance the global American ingenuity, and public-private prises in this country to plan for the environment. cooperation—not U.N.-mandated en- future and build commitments into We are, with this bill and others that ergy rationing—should be, in fact, the outyear planning and investment deci- will follow, charting a different, a new, focus of climate change efforts in the sions. Kyoto doesn’t talk about that. a progressive course. Ours is a long- Congress. I hope Members on both sides Who finances these efforts? term, technology-based, global effort. of the aisle will join this effort. This is the best way to deal with the If human-induced greenhouse gas emis- Mr. President, this has never been a issue of climate change: a long-term sions are indeed changing the climate debate about who is for or against the commitment based on American inge- for the worse—and there remains sub- environment. This has never been a nuity, exports, scientific certainty, stantial scientific uncertainty at this partisan issue. I have not met one 21st century technology, and market point—then we should act in a prudent Member of the Senate—Republican or principles. manner to reduce, sequester, or avoid Democrat—who wants to leave their By doing these things we can walk those emissions through technology. children a dirty and uninhabitable en- away from the disastrous path that I would like to address criticisms lev- vironment. We all agree that we have a this administration and the Kyoto pro- eled by the administration about our responsibility to protect our environ- tocol would lead us and focus our ef- bill that are based, I hope, on a mis- ment. What this debate should be forts instead on a positive, bipartisan, understanding. about is bringing some common sense— achievable commonsense approach. A recent administration ‘‘fact common sense—to this issue. I hope my colleagues will take a look sheet,’’ after recognizing that there are This bill that we are introducing at what we are introducing today. It is ‘‘positive features’’ in the bill, and not- today—the Energy and Climate Policy a bipartisan bill. It does make sense. I ing that it ‘‘makes improvements to Act—brings some common sense to the look forward to working with the Pre- current law’’ regarding voluntary ef- issue of climate change. siding Officer and others this year and forts to curtail emissions, goes on to Senator MURKOWSKI laid out a num- into next year in crafting something incorrectly erroneously state that our ber of the more specific parts of our that is achievable and workable and bill ‘‘rolls back energy efficiency and bill—accountability for one. We put good for this country. clean energy programs with a long his- this responsibility in the Department Mr. President, I ask unanimous con- tory of bipartisan support.’’ of Energy where there is someone ‘‘in sent that the text of the bill be printed The administration ‘‘fact sheet’’ is charge.’’ in the RECORD. incorrect. Our bill does not roll back Presently we have accountability for There being no objection, the bill was funding for renewable energy or energy global climate change spread through- ordered to be printed in the RECORD, as efficiency. Instead, it authorizes $200 out the Government. It is in the White follows: House. It is in the EPA. It is in the De- million per year in new money; it does S. 882 not deauthorize any existing programs. partments of Commerce, Agriculture, Interior, and Energy. All of these orga- Be it enacted by the Senate and House of Rep- With that clarification, it would be resentatives of the United States of America in my hope that the administration would nizations have their tentacles wrapped Congress assembled, support our bill and join us in a pru- around this issue. So with this, we will SECTION 1. SHORT TITLE. dent, common sense approach to green- focus on accountability, responsibility. This Act may be cited as the ‘‘Energy and house gas emissions and climate. Let’s get the job done. Climate Policy Act of 1999.’’ Mr. President, I think I had 20 min- Second, this bill moves the current SEC. 2. FINDINGS AND PURPOSES. utes under special orders this morning. focus of climate change policy away (a) FINDINGS.—Congress finds that— The PRESIDING OFFICER. The Sen- from short-term, draconian energy ra- (1) Although there are significant uncer- ator is correct. tioning and cost increases mandated by tainties surrounding the science of climate S4268 CONGRESSIONAL RECORD — SENATE April 27, 1999 change, human activities may contribute to ‘‘(3) at the request of the Committees of and carbon fixation achieved through any increasing global concentrations of green- the Senate and House of Representatives measures, including agricultural activities, house gases in the atmosphere, which in turn with appropriation and legislative jurisdic- cogeneration, appliance efficiency, energy may ultimately contribute to global climate tion over programs and activities of the De- efficiency, forestry activities that increase change beyond that resulting from natural partment of Energy, shall report to Congress carbon sequestration stocks (including the variability; on the activities of the Office.’’; use of forest products), fuel switching, man- (2) the characteristics of greenhouse gases (3) in the second sentence, by striking agement of grasslands and drylands, manu- and the physical nature of the climate sys- ‘‘The Director’’ and inserting the following: facture or use of vehicles with reduced green- tem require that any stabilization of atmos- ‘‘(d) DUTIES.—The Director’’; and house gas emissions, methane recovery, pheric greenhouse gas concentrations must (4) in subsection (c) (as designated by para- ocean seeding, use of renewable energy, be a long-term effort undertaken on a global graph (2)), by striking paragraphs (2) and (3) chlorofluourocarbon capture and replace- basis; and inserting the following: ment, and power plant heat rate improve- (3) since developing countries will con- ‘‘(2) participate, in cooperation with other ment; and’’ stitute the major source of greenhouse gas federal agencies, in the development and ‘‘(C) reductions in, or avoidance of, green- emissions early in the 21st century, all na- monitoring of domestic and international house gas emissions achieved as a result of tions must share in an effective inter- policies for their effects of any kind on cli- voluntary activities domestically, or inter- national response to potential climate mate change globally and domestically and nationally, plant or facility closings, and change; on the generation, reduction, avoidance, and State or Federal requirements.’’ (4) environmental progress and economic sequestration of greenhouse gases; (3) by striking in the first sentence of sub- prosperity are interrelated; ‘‘(3) develop and implement a balanced, sci- section (b)(2) the word ‘‘entities’’ and insert- ing ‘‘persons or entities’’ and in the second (5) effective greenhouse gas management entifically sound, nonadvocacy educational sentence of such subsection, by inserting efforts depend on the development of long- and informative public awareness program after ‘‘Persons’’ the words ‘‘or entities’’; term, cost-effective technologies and prac- on— ‘‘(A) potential global climate change, in- (4) by inserting in the second sentence of tices that can be developed, refined, and de- subsection (b)(4) the words ‘‘persons or’’ be- ployed commercially in an orderly manner cluding any known adverse and beneficial ef- fects on the United States and the economy fore ‘‘entity’’; and in the United States and around the world; (5) by adding after subsection (b)(4) the fol- (6) in its present form as signed by the Ad- of the United States and the world economy, taking into consideration whether those ef- lowing new paragraphs— ministration, the Kyoto Protocol to the ‘‘(5) RECOGNITION OF VOLUNTARY REDUC- fects are known or expected to be temporary, United Nations Framework Convention on TIONS OR AVOIDED EMISSIONS OF GREENHOUSE long-term, or permanent; and Climate Change fails to meet the minimum GASES.—In order to encourage and facilitate ‘‘(B) voluntary means and measures to conditions of Senate Resolution 98, 105th new and increased voluntary efforts on a mitigate or minimize significantly adverse Congress, which was adopted by the Senate continuing basis, particularly by persons and effects and, where appropriate, to adapt, to on July 25 1997 by a vote of 95–0; entities in the private sector, to reduce glob- the greatest extent practicable, to climate (7) The President has not submitted the al emissions of greenhouse gases, including change; Kyoto Protocol to the Senate for debate and voluntary efforts to limit, control, sequester, ‘‘(4) provide, consistent with applicable advice and consent to ratification under Ar- and avoid such emissions, the Secretary provisions of law (including section 1605 ticle II, Section 2, clause 2 of the United shall promptly develop and establish, after (b)(3)), public access to all information on States Constitution and has indicated that an opportunity for public comment of at climate change, effects of climate change, the Administration has no intention to do so least 60 days, a program of giving annual in the foreseeable future, or to implement and adaptation to climate change; public recognition, beginning not later than ‘‘(5) promote and cooperate in the research, any portion of the Kyoto Protocol prior to January 31, 2001, to all reporting persons and development, demonstration, and diffusion its ratification in the Senate. entities demonstrating, pursuant to the vol- of environmentally sound, cost-effective and (b) PURPOSE.—The purpose of this Act is to untary collections and reporting guidelines commercially practicable technologies, prac- strengthen provisions of the Energy Policy issued under this section, voluntarily tices and processes that avoid, sequester, Act of 1992 (42 U.S.C. 13381 et seq.) and the achieved greenhouse gases reductions, in- control, or reduce anthropogenic emissions Federal Nonnuclear Energy Research and cluding such information reported prior to of greenhouse gases not controlled by the Development Act of 1974 (42 U.S.C. 5901 et the enactment of this paragraph. Such rec- Montreal Protocol for all relevant economic seq.) to— ognition shall be based on the information sectors, including, where appropriate, the (1) further promote voluntary efforts to re- certified, subject to 18 U.S.C. 1001, by such transfer of environmentally sound, cost-ef- duce or avoid greenhouse gas emissions and persons or entities for accuracy as provided fective and commercially practicable tech- improve energy efficiency; in paragraph 2 of this subsection. At a min- nologies, practices, and processes developed (2) focus Department of Energy efforts in imum such recognition shall annually be with Federal funds by the Department of En- this area; and published in the Federal Register. ergy or any of its facilities and laboratories (3) authorize and undertake a long-term re- ‘‘(6) CHANGES IN GUIDELINES TO IMPROVE to interested persons in the United State and search, development, and demonstration pro- ACCURACY AND RELIABILITY.—The Secretary to developing country Parties to the United gram to— of Energy, through the Administrator of the Nations Framework Convention on Climate (A) develop new and enhance existing tech- Energy Information Administration, shall Change, and Parties thereto with economies nologies that reduce or avoid anthropogenic conduct a review, which shall include an op- in transition to market-based economies, emissions of greenhouse gases; portunity for public comment, of what, if consistent with, and subject to, any applica- (B) develop new technologies that could re- any, changes should be made to the guide- ble Federal law, including patent and intel- move and sequester greenhouse gases from lines established under this section regard- lectual property laws, and any applicable emissions streams; and ing the accuracy and reliability of green- contracts, and taking into consideration the (C) develop new technologies and practices house gas reductions and related information provisions and purposes of section 1608; and to remove and sequester greenhouse gases reported under this section. Any such review ‘‘(6) have the authority to participate in from the atmosphere. shall give considerable weight to the vol- the planning activities of relevant Depart- untary nature of this section and to the pur- SEC. 3. OFFICE OF GLOBAL CLIMATE CHANGE. ment of Energy programs.’’. pose of encouraging voluntary greenhouse Section 1603 of the Energy Policy Act of SEC. 4. NATIONAL INVENTORY AND VOLUNTARY gas emission reductions by the private sec- 1992 (42 U.S.C. 13383) is amended— REPORTING OF GREENHOUSE tor. Changes to be reviewed shall include the (1) in the section heading, by striking ‘‘DI- GASES. need for, and the appropriateness of— RECTOR OF CLIMATE PROTECTION’’ and (a) Section 1605 of the Energy Policy Act of ‘‘(A) a random or other verification process inserting ‘‘OFFICE OF GLOBAL CLIMATE 1992 (42 U.S.C. 13385) is amended— using the authorities available to the Ad- CHANGE’’; and (1) by amending the second sentence of ministrator under other provisions of law; (2) by striking the first sentence and in- subsection (a) to read as follows: ‘‘The Ad- ‘‘(B) a range of reference cases for report- serting the following: ministrator of the Energy Information Ad- ing of project-based activities in sectors, in- ‘‘(a) ESTABLISHMENT.—There is established ministration shall annually update and ana- cluding, but not limited to, the measures by this Act in the Department of Energy an lyze such inventory using available data, in- specified in subparagraph (1)(B) of this sub- Office of Global Climate Change. cluding beginning in calendar year 2001, in- section, and the inclusion of benchmark and ‘‘(b) FUNCTION.—The Office shall serve as a formation collected as a result of voluntary default methodologies for use in the ref- focal point for coordinating for the Sec- reporting under subsection (b). The inven- erence cases for ‘greenfield’ projects; and retary and Congress all departmental issues tory shall identify for calendar year 2001 and ‘‘(C) provisions to address the possibility of and policies regarding climate change and thereafter the amount of emissions reduc- reporting, inadvertently or otherwise, of related matters. tions attributed to those reported under sub- some or all of the same greenhouse gas emis- ‘‘(c) DIRECTOR.—The Secretary shall ap- section (b).’’ sions reductions by more than one reporting point a director of the Office, who— (2) by amending subsection (b)(1)(B) and (C) entity or person and to make corrections ‘‘(1) shall be compensated at no less than to read as follows: where necessary. level IV of the Executive Schedule; ‘‘(B) annual reductions or avoidance of The review should consider the costs and ‘‘(2) shall report to the Secretary; and greenhouse gas emissions and sequestration benefits of any such changes, the impacts on April 27, 1999 CONGRESSIONAL RECORD — SENATE S4269 encouraging participation in this section, in- ‘‘(3) development of new technologies and ‘‘(iii) removing and sequestering green- cluding by farmers and small businesses, and practices to remove and sequester green- house gases from the atmosphere. the need to avoid creating undue economic house gases from the atmosphere. ‘‘(B) evidence of consideration of whether advantages or disadvantages for persons or ‘‘(d) PROGRAM PLAN.— the unique capabilities of Department of En- entities of the private sector. The review ‘‘(1) INITIAL PLAN.—Not later than 180 days ergy national laboratories warrant collabo- should provide, where appropriate, a range of after the date of enactment of this section, ration with those laboratories, and the ex- reasonable options that are consistent with the Secretary, in consultation with appro- tent of the collaboration proposed; the voluntary nature of this section and that priate representatives of industry, institu- ‘‘(C) a description of the extent to which will help further the purposes of this section. tions of higher education, Department of En- the proposal includes collaboration with rel- The review should be available in draft form ergy national laboratories, and professional evant industry or other groups or organiza- for public comment of at least 45 days before and technical societies, shall prepare and tions; it is submitted to the Committee on Energy submit to the Congress a 10-year program ‘‘(D) evidence of the ability of the appli- and Natural Resources of the Senate and the plan to guide activities under this section. cant to undertake and complete the proposed Committee on Commerce of the House of ‘‘(2) BIENNIAL UPDATE.—The Secretary shall project; Representatives. Such submittal should be biennially update and resubmit the program ‘‘(E) evidence of applicant’s ability to suc- made by December 31, 2000. If the Secretary, plan to the Congress. cessfully introduce the technology into com- in consultation with the Administrator, ‘‘(e) PROPOSALS.— merce, as demonstrated by past experience finds, based on the study results, that such ‘‘(1) SOLICITATION.—Not later than one year and current relationships with industry; and changes are likely to be beneficial and cost after the date of submittal of the 10-year ‘‘(F) a demonstration of continued finan- effective in improving the accuracy and reli- program plan, and consistent with section cial commitment during the entire term of ability of reported greenhouse gas reductions 3001 and 3002, the Secretary shall solicit pro- the proposal from all industrial sectors in- and related information, are consistent with posals for conducting activities consistent volved in the technology development. ‘‘(f) SELECTION OF PROPOSALS.—From the the voluntary nature of this section, and fur- with the 10-year program plan and select one proposals submitted, the Secretary shall se- thers the purposes of this section, the Sec- or more proposals not later than 180 days lect for funding one or more proposals that— retary shall propose and promulgate, con- after such solicitation. ‘‘(2) QUALIFICATIONS.—In order for a pro- ‘‘(1) will best result in carrying out needed sistent with such finding, such guidelines, posal to be considered by the Secretary, an research, development, and demonstration together with such findings. In carrying out applicant shall provide evidence that the ap- related to technologies able to assist in the the provisions of this paragraph, the Sec- plicant has in existence— stabilization of lobal greenhouse gas con- retary shall consult with the Secretary of ‘‘(A) the technical capability to enable it centrations through one or more of the fol- Agriculture and the Administrator of the to make use of existing research support and lowing approaches— Small Business Administration to facilitate facilities in carrying out its research objec- ‘‘(A) improvement in the performance of greater participation by small business and tives; fossil-fueled energy technologies; farmers in this subsection for the purpose of ‘‘(B) a multi-disciplinary research staff ex- ‘‘(B) development of greenhouse gas cap- addressing greenhouse gas emission reduc- perienced in— ture and sequestration technologies and tions and reporting such reductions.’’ ‘‘(i) energy generation, transmission, dis- processes; (6) in subsection (c), by inserting ‘‘the Sec- tribution and end-use technologies; or ‘‘(C) cost reduction and acceleration of de- retary of the Department of Agriculture, the ‘‘(ii) technologies or practices able to se- ployment of renewable resource and distrib- Secretary of the Department of Commerce, quester, avoid, or capture greenhouse gas uted generation technologies; the Administrator of the Energy Information emissions; or ‘‘(D) development of an advanced nuclear Administration, and’’ before ‘‘the Adminis- ‘‘(iii) other directly related technologies or generation design; and trator’’. practices; ‘‘(E) improvement in the efficiency of elec- (b) The Secretary shall revise, after oppor- ‘‘(C) access to facilities and equipment to trical generation, transmission, distribution, tunity for public comment, the guidelines enable the conduct of laboratory-scale test- and end use;’’ issued under section 1605(b) of the Energy ing or demonstration of technologies or re- ‘‘(F) design and use of— Policy Act of 1992 to reflect the amendments lated processes undertaken through the pro- ‘‘(i) closed-loop multi-stage industrial made to such section 1605(b) by subsection gram. processes that minimize raw material con- (a)(2) through (4) of this section not later ‘‘(3) PROPOSAL CRITERIA.—Each proposal sumption and waste streams; than 18 months after the date of enactment shall— ‘‘(ii) advanced co-production systems (such of this Act. Such revised guidelines shall ‘‘(A) demonstrate the support of the rel- as coal-based chemical processing and bio- specify their effective date. evant industry by describing— mass fuel processing); and (c) The provisions of subsection (a)(5) and ‘‘(i) how the relevant industry has partici- ‘‘(iii) recycling and industrial-ecology pro- (6) of this section shall be effective on the pated in deciding what research activities grams integrating energy efficiency. date of enactment of this Act. will be undertaken; ‘‘(2) represent research and development in SEC. 5. CLIMATE TECHNOLOGY RESEARCH, DE- ‘‘(ii) how the relevant industry will partici- specific areas identified in the program plan VELOPMENT AND DEMONSTRATION pate in the evaluation of the applicant’s developed biennially by the Secretary and PROGRAM. progress in research and development activi- submitted to Congress under subsection (c); Subtitle B of title XXI of the Energy Pol- ties; and ‘‘(3) demonstrate strong industry support; icy Act of 1992 (42 U.S.C. 13471) is amended by ‘‘(iii) the extent to which industry funds ‘‘(4) ensure the timely transfer of tech- adding the following new subsection— are committed to the applicant’s submission; nology to industry; and ‘‘SEC. 2120. CLIMATE TECHNOLOGY RESEARCH, ‘‘(B) have a commitment for matching ‘‘(5) otherwise best carry out this section. DEVELOPMENT AND DEMONSTRA- funds from non-Federal sources, which shall ‘‘(g) ANNUAL PROGRESS REPORTS.—The Di- TION PROGRAM. consist of— rector of the Office of Science and Tech- ‘‘(a) PURPOSE.—The purpose of this section ‘‘(i) cash; or nology, in consultation with the Director of is to direct the Secretary to further the ‘‘(ii) as determined by the Secretary, the the Office of Management and Budget, shall goals of development and commercialization fair market value of equipment, services, prepare and submit an annual report to Con- of technologies, through widespread applica- materials, appropriate technology transfer gress that— tion and utilization of which will assist in activities, and other assets directly related ‘‘(1) certifies that the program objectives stabilizing global concentrations of green- to the proposal’s cost; are adequately focused, peer-reviewed and house gases, by the conduct of a long-term ‘‘(C) include a single-year and multi-year merit-reviewed, and not unnecessarily dupli- research, development, and demonstration management plan that outline how the re- cative with the science and technology re- program undertaken with selected industry search and development activities will be ad- search being conducted by other Federal participants or consortia. ministered and carried out; agencies and agents, and ‘‘(b) PROGRAM.—The Secretary, in con- ‘‘(D) state the annual cost of the proposal ‘‘(2) state whether the program as con- sultation with the Advisory Board estab- and a breakdown of those costs; and ducted in the prior year addresses an ade- lished under section 2302, shall establish a ‘‘(E) describe the technology transfer quate breadth and range of technologies and long-term Climate Technology Research, De- mechanisms that the applicant will use to solutions to address anthropogenic climate velopment, and Demonstration Program, in make available research results to industry change, including— accordance with sections 3001 and 3002. and to other researchers. ‘‘(A) capture and sequestration of green- ‘‘(c) PROGRAM OBJECTIVES.—The program ‘‘(4) CONTENTS OF PROPOSALS.—A proposal house gas emissions; shall foster— under this subsection shall include— ‘‘(B) development of photovoltaic, high-ef- ‘‘(1) development of new technologies and ‘‘(A) an explanation of how the proposal ficiency coal, advanced nuclear, and fuel cell the enhancement of existing technologies will expedite the research, development, generation technologies; that reduce or avoid anthropogenic emis- demonstration, and commercialization of ‘‘(C) cost reduction and acceleration of de- sions of greenhouse gases and improve en- technologies capable of— ployment of renewable resource and ergy efficiency; ‘‘(i) reducing or avoiding anthropogenic distrbuted generation technologies; and ‘‘(2) development of new technologies that emissions of greenhouse gases; ‘‘(D) improvement in the efficiency of elec- are able to remove and sequester greenhouse ‘‘(ii) removing and sequestering green- trical generation, transmission, distribution, gases from emissions streams; and house gases from emissions streams; or and end use; S4270 CONGRESSIONAL RECORD — SENATE April 27, 1999 ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.— ents of the atmosphere, both natural and an- development and commercialization of There are authorized to be appropriated to thropogenic, that absorb and re-emit infra- new technologies, anticipate changing carry out this section $200,000,000 for each of red radiation. conditions, and encourage public/pri- fiscal years 2001 through 2010, to remain ‘‘(5) GREENHOUSE GAS REDUCTION.—The vate partnerships. Both developing and available until expended. This authorization term ‘greenhouse gas reduction’ means 1 is supplemental to existing authorities and metric ton of greenhouse gas (expressed in industrialized nations must find ways shall not be construed as a cap on the De- terms of carbon dioxide equivalent) that is to tackle this complex and multi-fac- partment of Energy’s Research, Development voluntarily certified to have been achieved eted problem. There is no single an- and Demonstration programs’’. under section 1605 of the Energy Policy Act swer—there is no one silver bullet to SEC. 6. COMPREHENSIVE PLAN AND IMPLE- of 1992 (42 U.S.C. 13385). fix this issue. MENTING PROGRAM FOR ENERGY ‘‘(6) GREENHOUSE GAS SEQUESTRATION.—The Any viable climate change policy RESEARCH, DEVELOPMENT, AND term ‘greenhouse gas sequestration’ means DEMONSTRATION. extracting one or more greenhouse gases must include efforts to develop cleaner Section 6 of the Federal Nonnuclear En- from the atmosphere or an emissions stream and more efficient fossil fuel-based en- ergy Research and Development Act of 1974 through a technological process designed to ergy production in order to meet grow- (42 U.S.C. 5905) is amended— extract and isolate those gases from the at- ing energy needs. Clean coal tech- (1) in subsection (a)— mosphere or an emissions stream; or the nat- nologies must be a part of that solu- (A) in paragraph (2), by striking ‘‘and’’ at ural process of photosynthesis that extracts tion. When one examines the increase the end; carbon dioxide from the atmosphere and (B) in paragraph (3) by striking the period in global greenhouse gas emissions stores it as carbon in trees, roots, stems, over the next several decades, the utili- at the end and inserting ‘‘; and’’; and soil, foliage, or durable wood products. (C) by adding at the end the following: ‘‘(7) FOREST PRODUCTS.—The term ‘forest zation of clean coal technologies is es- ‘‘(4) solutions to the effective management products’ means all products or goods manu- sential. Nations that are serious about of greenhouse gas emissions in the long term factured from trees. reducing greenhouse gas emissions in by the development of technologies and prac- (8) FORESTRY ACTIVITY.— the long term, especially many of the tices designed to— ‘‘(A) IN GENERAL.—The term ‘forestry ac- ‘‘(A) reduce or avoid anthropogenic emis- largest developing nations like China, tivity’ means any ownership or management sions of greenhouse gases; cannot ignore clean coal technologies. action that has a discernible impact on the ‘‘(B) remove and sequester greenhouse use and productivity of forests. In 1984, I proposed, and the Congress gases from emissions streams; and ‘‘(B) INCLUSIONS.—Forestry activities in- adopted, a $750 million Clean Coal ‘‘(C) remove and sequester greenhouse clude, but are not limited to, the establish- Technology program. Originally, the gases from the atmosphere.’’; and (2) in subsection (b)— ment of trees on an area not previously for- program was designed to achieve long- (A) in paragraph (2), by striking ‘‘subdivi- ested, the establishment of trees on an area term, real reductions in acid rain. sion (a)(1) through (3)’’ and inserting ‘‘para- previously forested if a net carbon benefit Since then, the program has expanded, graphs (1) through (4) of subsection (a); and can be demonstrated, enhanced forest man- thanks to a joint government-industry (B) in paragraph (3)— agement (e.g., thinning, stand improvement, investment of more than $6 billion. fire protection, weed control, nutrient appli- (i) in subparagraph (R), by striking ‘‘and’’ This investment has led to 40 first-of-a- at the end; cation, pest management, other silvicultural (ii) in subparagraph (S), by striking the pe- practices), forest protection or conservation kind projects in 18 states, including an riod at the end and inserting ‘‘; and’’; and if a net carbon benefit can be demonstrated, array of high-technology ideas that can (iii) by adding at the end the following: and biomass energy (using wood, grass or spearhead a new era of clean, efficient ‘‘(T) to pursue a long-term climate tech- other biomass in lieu of fossil fuel). power plants which will continue to nology strategy designed to demonstrate a ‘‘(C) EXCLUSIONS.—The term ‘forest activ- burn our nation’s abundant coal re- variety of technologies by which stabiliza- ity’ does not include a land use change asso- sources. Much useful technology has ciated with— tion of greenhouse gases might be best resulted from this synergy of effort be- achieved, including— ‘‘(i) an act of war; or ‘‘(i) the accelerated commercial dem- ‘‘(ii) an act of nature, including floods, tween government and private invest- onstration of low-cost and high efficiency storms, earthquakes, fires, hurricanes, and ment by incorporating leading-edge photovoltaic power systems; tornadoes. federal laboratories and practical busi- ‘‘(ii) advanced clean coal technology; ‘‘(9) MANAGEMENT OF GRASSLANDS AND ness applications. More needs to be ‘‘(iii) advanced nuclear power plant de- DRYLANDS.—The term ‘management of grass- done, and the Energy and Climate Pol- signs; lands and drylands’ means seeding, cultiva- icy Act of 1999 seeks to fuel this syn- ‘‘(iv) fuel cell technology development for tion, and nutrient management. ergy by encouraging more public-pri- cost-effective application in residential, in- ‘‘(10) OCEAN SEEDING.—The term ‘ocean dustrial and transportation applications; seeding’ means adding nutrients to oceans to vate projects in all areas of energy pro- ‘‘(v) low cost carbon sequestration prac- enhance the biological fixation of carbon di- duction and use. This boost will help to tices and technologies including bio- oxide.’’. move ideas into reality. technology, tree physiology, soil produc- Mr. BYRD. Mr. President, I join with It is critical that the U.S. find better tivity and remote sensing; ways to use our own energy resources ‘‘(vi) hydro and other renewables; my distinguished colleagues, Senators ‘‘(vii) electrical generation, transmission MURKOWSKI, HAGEL, CRAIG, HUTCH- by encouraging more research and de- and distribution technologies and end use INSON, GRAMS, and ROBERTS, in cospon- velopment. These initiatives have both technologies; and soring the Energy and Climate Policy environmental and economic benefits. ‘‘(viii) bio-energy technology.’’ Act of 1999 which was introduced ear- This bill provides an additional $200 SEC. 7. DEFINITIONS. lier today. The legislation provided in million per year for ten years for re- For the purpose of this Act and the provi- this bill is one of a number of options search, development, and demonstra- sions of the Energy Policy Act of 1992 (42 that the U.S. could undertake to im- tion programs through competitive U.S.C. 13381, et seq.) and the provisions of the grants. It would also take further steps Federal Nonnuclear Energy Research and prove energy efficiency and security Development Act of 1974 (42 U.S.C. 5901, et and reduce greenhouse gas emissions. to coordinate and implement energy seq.) which statutes are amended by this While the complex issue of climate research and development. These pro- Act, these terms are defined as follows: change will not be solved by a single grams build upon the many voluntary ‘‘(1) AGRICULTURAL ACTIVITY.—The term bill or action, this legislaiton provides efforts that government at all levels ‘agricultural activity’ means livestock pro- additional funding for research and de- and industry have already undertaken duction, cropland cultivation, biogas recov- velopment for important programs to improve energy use as well as to re- ery and nutrient management. duce, avoid, or sequester greenhouse ‘‘(2) CLIMATE CHANGE.—The term ‘climate that I have long supported, like clean change’ means a change of climate which is coal technologies, an American-devel- gas emissions. All sectors of the econ- attributed directly or indirectly to human oped initiative. The bill would also omy should be able to benefit from activity which is in addition to natural cli- take steps to coordinate and imple- these programs. mate variability observed over comparable ment energy efficiency research as well In addition to its many benefits at time periods. as begin the process of better reporting home, the clean coal technology pro- ‘‘(3) CLIMATE SYSTEM.—The term ‘climate greehouse gas reductions at the De- gram can also provide an economically system’ means the totality of the atmos- phere, hydrosphere, biosphere and geosphere partment of Energy. beneficial and environmentally sound and their interactions. If substantial steps are going to be solution in the international market. ‘‘(4) GREENHOUSE GASES.—The term ‘green- taken globally to reduce greenhouse According to the coal industry, coal house gases’ means those gaseous constitu- gas emissions, we must accelerate the production will continue to increase April 27, 1999 CONGRESSIONAL RECORD — SENATE S4271 worldwide. Coal can be a cost-competi- such as developing country participa- native to S. 547, the Credit for Vol- tive source of fuel for electricity gen- tion, emissions trading, the Clean De- untary Reductions Act, introduced re- eration, but, like other fossil fuels, it velopment Mechanism, and forest and cently by my friends and colleague will require improvements in its envi- soil sinks. The Administration has also Senator JOHN CHAFEE. The key dif- ronmental credentials. Developing na- pledged not to implement any portion ference between Senator CHAFEE’s bill tions are currently searching for cost- of the Kyoto Protocol prior to its ad- and our bill is that our bill is not de- effective ways to upgrade their older, vice and consent in the Senate. I hope pendent on the Kyoto protocol or any higher-polluting power plants and to that that pledge will continue to be other regulatory mandate. expand their power production capac- honored. It is my belief, Mr. President, that ity. These nations can learn from our Over the last year and a half, a num- voluntary measures should be encour- experiences and utilize our new tech- ber of economic studies have been com- aged through incentives rather than in nologies to combat these problems. I pleted, but we have yet to see a com- anticipation of future domestic or note that during the recent visit of prehensive analysis of the Kyoto Pro- international regulatory mandates. Chinese Premier Zhu Rongji, the U.S. tocol. I remain firmly convinced that it Mr. President, I am also very con- and China both agreed that more is critical that the United States cerned about the Administration’s should be done to employ clean coal knows in some detail the probable strong desire to drastically cut carbon technologies. costs and benefits of the specific ac- and its seeming willingness to do so by After 2015, China is expected to sur- tions proposed to address global cli- whatever regulatory measure avail- pass the U.S. as the world’s largest mate change. able. Demonstrative evidence of the emitter of greenhouse gases. Global In summary, improved resource use, Administration’s thinking on this issue warming is a global problem. It is not energy efficiency and security, and is contained in the April 10, 1998, EPA just an American problem. It is not global climate change will all be crit- General Counsel memo to Carol Brown- just a European problem. And as such, ical issues for every nation in the new er, describing EPA’s authority to regu- it requires a global solution. Industri- millennium. Market-based solutions late carbon dioxide under the Clean Air alized nations’ efforts to reduce our and research and development funding Act. own greenhouse gas emissions will be will play a vital role in addressing This memo, in my opinion, clearly for naught unless reductions are also these issues. By cosponsoring the En- overstates EPA’s authority to regulate made by nations like China and India. ergy and Climate Policy Act of 1999, I pollutants under the Clean Air Act. Coal will continue to be a major source hope that U.S. firms can receive addi- Moreover, this memo is indicative of of their energy production; therefore, tional funding to help increase re- the Administration’s penchant for find- clean coal technologies are essential to search and development for important ing regulatory fixes for problems. Its their responsible growth. The U.S. new technologies. These initiatives, in allies in this campaign are those in the must support further efforts to encour- addition to other market-based solu- international community who are ei- age clean coal and other energy effi- tions, could provide vehicles for real ther indifferent to, or against our eco- cient technologies and to take them improvements in energy efficiency as nomic interests. we all know, or should from the drawing board to the market- well as reductions in greenhouse gas know, that at this moment in history, place. Funding for these programs is emissions, and an important market- when you cap carbon you cap economic pointless unless our government works able solution for global participation growth. in conjunction with the private sector in such reductions. We need a whole new paradigm for to break down market barriers and Mr. CRAIG. Mr. President, I rise handling this serious political issue. prove the viability of such programs in today to join with my distinguished People care about it on all sides, and the global market. colleagues, Senators MURKOWSKI, now Congress will be involved in this Research, development, and dem- HAGEL, BYRD, and others, in intro- issue during this session. Let’s get seri- onstration programs provide numerous ducing the Energy and Climate Policy ous about the science and fully inform benefits to improve air quality stand- Act of 1999. I commend Chairman MUR- the American people so that whatever ards, increase our energy efficiency, KOWSKI and Senators HAGEL and BYRD the outcome, they’ll know that their and reduce greenhouse gases. While the for their leadership on this very impor- government was working for them and intent of this bill is independent of the tant legislation. not against their important economic Kyoto Protocol, this legislation, in ad- Sufficient scientific information and interests. dition to its many other benefits, could public interest exist to justify the en- Let’s force the current Administra- help the U.S. in addressing climate couragement and acknowledgment of tion to stop politicizing science and get change challenges that might result responsible actions by private entities to the point where the issue is con- from the implementation of any future to reduce greenhouse gas emissions, fidently understood. There is simply no treaty. even though all scientific, techno- compelling reason for our government In its present form, the Kyoto Pro- logical, economic, and public policy at this time to force Americans to take tocol does not meet the conditions out- questions have not yet been resolved. preventive measures of uncertain com- lined in S. Res. 98, which passed the The global climate issue presents petence against a problem that may or Senate on July 25, 1997; namely, it profound questions in these areas that may not lie in the earth’s future. must include developing country par- require comprehensive, integrated res- It is for these reasons that I, along ticipation as well as provide sufficient olution. Current scientific research, ex- with Senators MURKOWSKI, HAGEL, and detail to explain the economic impact perimentation, and data collection are others, are continuing to work on the of such an agreement for the United not adequately coordinated or focused next step in this very important re- States. I recognize that the Protocol is on answering key questions within the sponse to the climate change issue—a a work in progress. The international United States, as well as internation- more comprehensive proposal that will negotiations to bring it into compli- ally. include provisions that address: ance with S. Res. 98 will require perse- Moreover, public access to scientific, (1) Policy mechanisms for assessing verance and patience and are part of a economic, and public policy informa- the effects of greenhouse gas emissions; long-term effort to address global cli- tion is severely limited. The public’s (2) Accelerated development and de- mate change. The Administration has right to know is not being satisfied. ployment of climate response tech- not submitted the Kyoto Protocol to Open and balanced discussion leading nology; the Senate for its advice and consent to public support for best approaches (3) International deployment of tech- and has indicated it has no intention of to climate policy resolution is urgently nology to mitigate climate change; doing so in the foreseeable future. the needed. (4) The advancement of climate Administration has indicated that it This measure does not depend on fu- science; and needs at least two additional years to ture regulatory mandates, an approach (5) Improving public access to gov- complete negotiations on the Buenos preferred by the current Administra- ernment information on the broad Aires Action Plan which includes nego- tion to reduce greenhouse gas emis- spectrum of scientific opinion on the tiating major aspects of the Protocol sions. It also provides a valid alter- causes and effects of climate change. S4272 CONGRESSIONAL RECORD — SENATE April 27, 1999 Mr. President, significant green- taking substantive, long-term steps to has been little substantive progress to- house gas emission reductions can be that rising challenge. wards obtaining any ‘‘meaningful’’ par- achieved through voluntary measures The Murkowski-Hagel bill does not ticipation among developing nations. that are warranted even as we answer start from the premise that we are to I can only conclude that the Admin- yet unresolved key questions about the blame for the theoretical impacts of istration’s premature signing of this global and regional climates. global warming. It doesn’t attempt to Treaty was based on political consider- What is required now is an approach punish American businesses by forcing ations that should never have been that will encourage public support for them to reduce their energy consump- factored into such an important deci- appropriate action. I believe this bill tion or by bankrupting them through sion. Under no circumstances should a paves the way for such public support, higher energy prices. This bill does not Treaty be signed until we agree with and, by reasonably addressing the im- accept the long-held beltway view that its principals. Just briefly, as I con- portant economic and political issues Washington knows best. It recognizes clude, once a Treaty has been signed by associated with the current climate that American businesses and individ- the United States, it should imme- change debate, sets the proper tone for uals can do tremendous things when diately be sent to the Congress for rati- future discourse that will ultimately they are challenged to do better and fication, not used for political pur- lead to a safe and economically pru- when Government is their partner poses. dent resolution of this highly charged rather than their adversary. So again, I strongly urge the Presi- issue. I sincerely hope that all Members of dent to submit the Kyoto Protocol, Mr. GRAMS. Mr. President, I rise the Senate can support this piece of which he has already signed, to the today to support the efforts of Senator legislation so that it can pass into law Senate for ratification. If he believes it MURKOWSKI and Senator HAGEL by co- as soon as possible. I look forward to is important enough to sign and to im- sponsoring the Energy and Climate continuing to work with Senators plement through backdoor tactics, Policy Act of 1999. MURKOWSKI and HAGEL and others in- then he should also believe it is impor- This legislation marks a turning terested to continue our efforts to both tant enough to for Congress, the peo- point in how we address the potential protect the environment and strength- ple’s voice, to have an opportunity to problems associated with global cli- en the American economy as we enter review it, debate it, and vote on its mate change. into the 21st century. ratification. It addresses these potential problems While I am here this morning, I I believe the Senate must have the not by mandating draconian reductions would like to renew my request to opportunity to examine the Treaty in energy use and hiking energy taxes, President Clinton that he submit the now and debate it openly before the but by providing America’s businesses recently signed Kyoto Protocol to the American people. and innovators with the tools they Senate for ratification. Mr. President, By Mr. BIDEN: need to make long-term, substantive the United States Senate has clearly S. 883. A bill to authorize the Attor- carbon dioxide emissions reductions. expressed its interest in this matter ney General to reschedule certain One of the problems with the admin- and its opposition to any attempts to drugs that pose an imminent danger to istration’s support of the Kyoto Pro- implement the Treaty prior to Senate public safety, and to provide for the re- tocol is that while they have already advice and consent. scheduling of the date-rape drug and agreed to legally-binding greenhouse In the 105th Congress, the Senate un- the classification of a certain ‘‘club’’ gas emissions reductions, the GAO dertook a number of activities which drug; to the Committee on the Judici- found last year that the administration illustrated these concerns. First, S. ary. does not have quantitative perform- Res. 98 unanimously expressed the Sen- THE NEW DRUGS OF THE 1990S CONTROL ACT ance goals for the money they intend ate’s position on both the projected Mr. BIDEN. Mr. President, the best to spend on their intiatives. economic impacts of the Treaty and time to target a new drug with uncom- In other words, the administration the participation of developing na- promising enforcement pressure is be- has agreed to a treaty with legally- tions. fore abuse of that drug has over- binding reductions and they clearly Second, in a series of measures, in- whelmed our communities. want to spend a lot of money to reach cluding the FY99 Energy and Water Ap- That is why I introduced legislation those limits—but they don’t have any propriations Bill, the FY99 Department in previous Congresses to place tight idea how much of an impact all of their of Defense Appropriations Bill, the federal controls on the date rape drug spending will have on emissions reduc- Strom Thurmond National Defense Au- Rohpynol—also known as Roofies— tions. thorization Act, and the FY99 VA, which was becoming known as the This legislation says ‘‘let’s take a HUD, and Independent Agencies Appro- Quaalude of the Nineties as its popu- different road.’’ The Murkowski-Hagel priations Act, the Senate expressed its larity spreads throughout the United bill will establish a new research, de- concern with any attempts at pre- States. velopment and demonstration program mature implementation and Adminis- My bill would have shifted Rohpynol that promotes technologies and prac- tration actions which advance the pro- to schedule 1 of the Federal Controlled tices which allow energy users to avoid visions of the Treaty prior to Senate Substances Act. Rescheduling is impor- or reduce greenhouse gas emissions. advice and consent. It is my under- tant for three simple reasons: Those technologies include alter- standing that the Administration has First, Federal re-scheduling triggers native energy technologies, energy effi- largely ignored the provisions of those increases in State drug law penalties, ciency technologies, and technologies pieces of legislation. and since we all know that more than that take current energy production While President Clinton has long 95 percent of all drug cases are pros- processes and make them better and maintained that he will not submit the ecuted at the State level, not by the more efficient. Treaty to the Senate prior to obtaining Federal Government, it is vitally im- The bill will also promote tech- ‘‘meaningful’’ developing nation par- portant that we re-schedule. nologies that remove and sequester ticipation, his recent actions clearly Second, Federal re-scheduling to greenhouse gases from the atmosphere demonstrate that he will not withdraw schedule 1 triggers the toughest Fed- and emissions streams. U.S. support, regardless of what the eral penalties—up to a year in prison This bill is aimed at involving the final agreement may be. and at least a $1,000 fine for a first of- private sector in our decisionmaking By signing the Treaty on November fense of simple possession. processes and bringing them to the 12, 1998, while allowing an additional And, third, re-scheduling has proven table as well. It is aimed at putting two years for continued negotiations to work. In 1984, I worked to reschedule American ingenuity to work whether it on elements critical to the Treaty’s Quaaludes, Congress passed the law, be in the home, at the business, or out impact on our nation, he has predeter- and the Quaalude epidemic was greatly on the farm. The Murkowski-Hagel bill mined the outcome and weakened our reduced. And, in 1990, I worked to re- simply says that we recognize our re- nation’s negotiating position. And de- schedule steroids, Congress passed the sponsibility to reduce or sequester spite the Senate’s unanimous frame- law, and again a drug epidemic that greenhouse gas emissions and we are work provided within S. Res. 98, there had been on the rise was reversed. April 27, 1999 CONGRESSIONAL RECORD — SENATE S4273 Despite evidence of a growing This is an important step. But pills dent of Fort Dodge Animal Health, a Rohpynol epidemic, some argued that produced under the old Rohypnol for- Division of American Home Products my efforts to reschedule the drug by mula are still in circulation, and pills Corporation]. legislation were premature. Accord- made by other manufacturers can still Scheduling Ketamine will give State ingly, I agreed to hold off on legislative be smuggled in. Furthermore, the new authorities the tools they desperately action and wait for a Drug Enforce- formula will not prevent kids from con- need to fight its abuse by young peo- ment Administration decision on tinuing to ingest this dangerous drug ple—and end the legal anomaly that whether to schedule the drug through voluntarily for a cheap high. leaves those who sell Ketamine to our the lengthy and cumbersome adminis- In short, stricter, Federal controls children beyond the reach of the law— trative process. remain necessary; and DEA is power- even when they are caught ‘‘red-hand- As I predicted, the DEA report on less to respond to Rohypnol abuse until ed.’’ I urge my colleagues to support Rohpynol—handed down in November— the problem gets even worse. this legislation. correctly concludes that despite the Therefore, I am reintroducing my bill In addition to raising controls on rapid spread of Rohpynol throughout to re-schedule Rohypnol in schedule 1 Rohypnol and Ketamine, the legisla- the country, DEA cannot re-schedule of the Controlled Substances Act. I tion I am introducing today would in- Rohpynol by rulemaking at this time. urge my colleagues to support this ef- crease the ability of the Attorney Gen- The report notes, however, that Con- fort to take action against this dan- eral to respond to new drug emer- gress is not bound by the bureaucratic gerous drug now, rather than waiting gencies in the future. re-scheduling process the DEA must for the problem to develop into an epi- Our Federal drug control laws cur- follow. Congress can—and in my view demic. rently allow the Attorney General lim- should—pass legislation to reschedule My bill also places ‘‘Special K’’— ited authority to respond to certain Rohpynol. ketamine hydrochloride—a dangerous new drugs on an emergency basis—by Sepcifically the report states: ‘‘This hallucinogen very similar to PCP, on temporarily subjecting them the strict- inability to reschedule [Rohpynol] ad- schedule III of the Controlled Sub- est Federal control while the extensive ministratively * * * does not affect stances Act. Despite Special K’s rising administrative procedure for perma- Congress’ ability to place [the drug] in popularity as a ‘‘club drug’’ of choice nent scheduling proceeds. schedule 1 through the legislative proc- among kids, the drug is not even illegal But the Attorney General has not ess’’—as we did with Quaaludes in 1984 in most States. This has crippled State been able to use this authority to re- and Anabolic Steroids in 1990. authorities’ ability to fight ketamine Let me also note that the DEA report spond to the Rohypnol and Special K abuse. confirmed a number of facts about the emergencies—because she does not For example, in Federal 1997, two extent of the Rohpynol problem: have authority to—move drugs from DEA found more than 4,000 docu- men accused of stealing ketamine from one schedule to another, or to schedule mented cases—in 36 States—of sale or a Ville Platte, Louisiana veterinary drugs that the Food and Drug Adminis- possession of the drug, which is not clinic and cooking the drug into a pow- tration has allowed companies to re- marketed in the United States and der could not be prosecuted under search but not to sell. must be smuggled in. State drug control laws because This amendment would grant the ad- ‘‘In spite of DEA’s inability to re- ketamine is not listed as a Federal con- ministration this important authority schedule [Rohpynol] through adminis- trolled substance. by—authorizing the Attorney General trative proceedings, DEA remains very Similarly, a New Jersey youth re- to move a scheduled drug—like concerned about the abuse’’ of the cently found to be possessing and dis- Rohypnol—to schedule I in an Emer- drug. tributing ketamine could be charged gency; by applying emergency resched- ‘‘Middle and high school students with only a disorderly persons offense. uling authority to ‘‘investigational have been known to use [Rohpynol] as Prosecutors are trying to combat in- new drugs’’—like Special K—that the an alternative to alcohol to achieve an creased Ketamine use by seeking Food and Drug Administration has ap- intoxicated state during school hours. lengthy prison terms for possession of proved for research purposes only, but [The drug] is much more difficult to the drugs—like marijuana—that users not for marketing. detect than alcohol, which produces a mix with Ketamine, but if it is just And by providing that a rescheduling characteristic odor.’’ Special K, there’s nothing they can do drug remains on the temporary sched- ‘‘DEA is extremely concerned about about it. ule until the administrative pro- the use of [Rohpynol] in the commis- I am convinced that scheduling ceedings reach a final conclusion on sion of sexual assaults.’’ Ketamine will help our effort to fight whether to schedule. This legislation ‘‘The number of sexual assaults in the spread of this dangerous drug by would give the Attorney General the which [Rohpynol] is used may be triggering increases in State drug law necessary tools to respond quickly underreported’’—because the drug’s ef- penalties. when evidence appears that a drug is fects often cause rape victims to be un- Without Federal scheduling, many being abused. I urge my colleagues to able to remember details of their as- States will not be able to address the support the bill. saults and because rape crisis centers, Ketamine problem until it is too late Mr. President, I ask unanimous con- hospitals, and law enforcement have and Special K has already infiltrated sent that the bill be printed in the only recently become aware that their communities. RECORD. Rohpynol can be used to facilitate sex Medical professions who use There being no objection, the bill was crimes. Ketamine—including the American ordered to be printed in the RECORD, as Nonetheless, ‘‘DEA is aware of at Veterinary Medical Association and follows: the American Association of Nurse An- least 5 individuals who have been con- S. 883 victed of rape in which the evidence esthetists—support scheduling, having Be it enacted by the Senate and House of suggests that [the Rohypnol drug] was determined that it will accomplish our Representatives of the United States of America used to incapacitate the victim.’’ ‘‘The goal of ‘‘preventing the diversion and in Congress assembled, actual number of sexual assault cases unauthorized use of Ketamine’’ while SECTION 1. SHORT TITLE. involving [the drug] is not known. It is allowing ‘‘continued, responsible use’’ This Act may be cited as the ‘‘New Drugs difficult to obtain evidence that [the of the drug for legitimate purposes. of the 1990’s Control Act’’. Rohypnol drug] was used in an as- [Letter from Mary Beth Leininger, SEC. 2. ATTORNEY GENERAL AUTHORITY TO RE- sault.’’ D.V.M., President of the American Vet- SCHEDULE CERTAIN DRUGS POSING I would also note that my efforts to erinary Medical Association] IMMINENT DANGER TO PUBLIC re-schedule this drug have already had And the largest manufacturer of SAFETY. beneficial results: The manufacturer of Ketamine has concluded that ‘‘moving Section 201(h) of the Controlled Substances Act (21 U.S.C. 811(h)) is amended— Rohypnol recently announced that it the product to schedule III classifica- (1) by striking paragraph (1) and inserting had developed a new formula to mini- tion is in the best interest of the vet- the following: ‘‘(1) If the Attorney General mize the potential for abuse of the drug erinary industry and the public.’’ [Let- determines that the scheduling of a sub- in sexual assaults. ter from E. Thomas Corcoran, Presi- stance, or the rescheduling of a scheduled S4274 CONGRESSIONAL RECORD — SENATE April 27, 1999 substance, on a temporary basis is necessary pret, catalog and showcase those arti- More than 80 percent of the museums to avoid an imminent hazard to the public facts have found themselves short- studied said their survival relies heav- safety, the Attorney General may, by order changed and shorthanded. With finan- ily on outside funding. When asked and without regard to the requirements of cial resources diminishing, not only about their greatest needs, the re- subsection (b) relating to the Secretary of are we cheating ourselves out of the sponse was nearly always staff and Health and Human Services, schedule the substance— military treasures currently money. And those museums that re- ‘‘(A) in schedule I if no exemption or ap- warehoused out of public sight, but we ported sufficient staffing from volun- proval is in effect for the substance under are in danger of lacking the funds to teers nevertheless said that the dearth section 355; or update our collections with new items. of funds for restoration and construc- ‘‘(B) in schedule II if the substance is not ‘‘A morsel of genuine history,’’ wrote tion paralyzed them from fully uti- listed in schedule I;’’; and Thomas Jefferson to John Adams in lizing the available labor. (2) in paragraph (2)— 1817, ‘‘is a thing so rare as to be always According to the study, money is so (A) by inserting ‘‘or rescheduling’’ after valuable.’’ Mr. President, today, sig- tight that brochures and pamphlets are ‘‘scheduling’’ each place it appears; and nificant pieces of our military history often unaffordable, leaving visitors (B) by striking ‘‘for up to six months’’ and are being lost, shoved into basements, with no explanations about the objects inserting ‘‘until a final order becomes effec- tive’’. or subject to decay. With each year that have come to see. A young child also comes less funding, and our arti- might be duly impressed by the sight of SEC. 3. RESCHEDULING OF DATE-RAPE DRUG. Notwithstanding section 201 or subsection facts are multiplying at a pace that ex- a stern-faced general, but the histor- (a) or (b) of section 202 of the Controlled Sub- ceeds the capabilities of those who are ical lesson is greatly diminished if the stances Act (21 U.S.C. 811; 812(a); 812(b)) re- trying to preserve them. Since 1990 child is not told the significance of the specting the scheduling of controlled sub- alone, the services have closed 21 mili- event portrayed or why the general stances, the Attorney General shall, by tary museums and at least eight more looked so grim that day. order, transfer flunitrazepam from schedule are expected to close in the next few Perhaps most distressing, the study IV of such Act to schedule I of such Act. years. reported ‘‘substantial collections of SEC. 4. CLASSIFICATION OF THE ‘‘CLUB’’ DRUG rare or unique historical military vehi- ‘‘SPECIAL K’’. We cannot let this proceed any fur- Notwithstanding section 201 or subsection ther. Military museums are vital to cles and equipment that are (a) or (b) of section 202 of the Controlled Sub- documenting our history, educating unmaintained and largely unprotected stances Act (21 U.S.C. 811; 812(a); 812(b)) re- our citizenry and advancing our tech- due to lack of funds and available ex- specting the scheduling of controlled sub- nology. More than 86 museums in 31 pertise.’’ In addition, the museums stances, the Attorney General shall, by states and the District of Columbia were found to be struggling so much order, add ketamine hydrochloride to sched- daily instill Americans from veterans with the care of items already in ule III of such Act. to new recruits to elementary school house, that they were unable to accept By Mr. SARBANES (for himself, students with a sense of the sacred re- new ones. With a new class of military artifacts from the Vietnam and Gulf Mr. TORRICELLI, and Mr. HUTCH- sponsibility that military servicemen Wars soon to be retired, one wonders INSON): bear to defend the values that have S. 884. A bill to establish the Na- made this country great. whether those artifacts will be pre- tional Military Museum Foundation, Military museums teach our service- served. If we do not take action to save and for other purposes; to the Com- men the history of their units, enhanc- what we have and acquire what we mittee on Armed Services. ing their understanding both of the don’t, future generations will see these NATIONAL MILITARY MUSEUM FOUNDATION ACT team of which they are a part and the pockets of negligence as blank pages in Mr. SARBANES. Mr. President, significance of the service they have the living history books that these mu- today I am introducing on behalf of pledged to perform. And when a mu- seums truly are. myself, Mr. HUTCHINSON, and Mr. seum makes history come alive to Only a Foundation can address these TORRICELLI, legislation to create a Na- young children, those children learn problems. The alternate solution—to tional Military Museum Foundation. for themselves that what this country press the services to devote more The purpose of this legislation is to en- stands for and the sacrifices that have money to these institutions—is im- courage and facilitate private-sector been made to preserve the freedoms we plausible in this budgetary climate. support in the effort to preserve, inter- often take for granted. The Secretary of Defense must place pret and display the important role the Many of our servicemen have learned his highest priority on the readiness of military has played in the history of their military history through these our forces. Closely allied to that pri- our nation. This legislation is, in my artifacts rather than textbooks, and ority is the effort to improve the qual- judgment, crucial at this particular many of our technological advances ity of life for our citizens on active moment in history, when we are on the have come as a direct result of these duty. And, as aging equipment faces verge of jeopardizing two-centuries artifacts. The ship models and ordi- obsolescence, the Secretary has indi- worth of military artifacts and negat- nances at U.S. Naval Academy Museum cated that the future will bring an in- ing the possibility of such collections in Annapolis, MD, for example, have creased emphasis on replacing weapons in the future. been used by the Academy’s Depart- systems. By all realistic assumptions, It has been the long-standing tradi- ments of Gunnery and Seamanship. It the amount of funds appropriated for tion of the U.S. Department of War and has also been reported that a study of museums is likely to continue down- its successor, the Department of De- an existing missile system, preserved ward. fense, to preserve our historic military in an Army museum, saves the Stra- My bill recognizes the growing need artifacts. Since the days of the revolu- tegic Defense Initiative $25 million in for a reliable source of funding aside tion to the conflict in Bosnia, Ameri- research and analysis costs. These mu- from federal appropriations. A Na- cans have been proud of the role that seums serve as laboratories where engi- tional Military Museum Foundation our military has had in safeguarding neers can learn from the lessons of the would provide an accessible venue for our democracy, and we have tried to past without going through the same individuals, corporations or other pri- ensure that future generations will trial and error process as their prede- vate sources to support the preserva- know that role. Over the years we have cessors. tion of our priceless military artifacts accumulated a priceless collection of Yet without adequate funding, these and records. A National Military Mu- military artifacts from every period of benefits will be lost forever. According seum Foundation could also play an American history and every techno- to a 1994 study conducted by the Advi- important role in surveying those arti- logical era. The collection includes sory Council on Historic Preservation facts that we know to exist. Currently, flags, uniforms, weapons, paintings and entitled, ‘‘Defense Department Compli- these is no museum oversight or co- historic records as well as full-size ance with the National Historic Preser- ordination of museum activities on the tanks, ships and aircraft which docu- vation Act,’’ the Department of De- DOD level. A wide-ranging Foundation ment history and provide provenance fense’s management of these resources survey would therefore not only elimi- for our nation and armed services. has been ‘‘mediocre,’’ with the cause nate duplication, but would most like- In recent years, however, the dedi- attributed to ‘‘inadequate staffing and ly discover gaps in our collections that cated individuals who identify, inter- funding.’’ must be filled before it is too late. April 27, 1999 CONGRESSIONAL RECORD — SENATE S4275 Under the proposed legislation, the ills, we must take incremental steps stance abusers. We need to create fi- Secretary of Defense would appoint the one at a time, and refuse to be over- nancial incentives to encourage phar- Foundation’s Board of Directors and whelmed by the big picture. maceutical companies to develop and provide basic administrative support. Throughout my tenure as chairman market these treatments. And we need To launch the Foundation, the legisla- of the Senate Judiciary Committee, I to develop a new partnership between tion authorizes an initial appropriation called for a multifaceted strategy to private industry and the public sector of $1 million. It is anticipated that the combat drug abuse. One of the specific in order to encourage the active mar- Foundation would be self sufficient steps I advocated was the creation of keting and distribution of new medi- after the first year. This is a small incentives to encourage the private cines so they are accessible to all ad- price to pay to save some of our most sector to develop medicines that treat dicts in need of treatment. precious treasures. addiction, an area where promising re- While pharmacotherapies alone are This legislation is modeled on legis- search has not led—as one would nor- not a ‘‘magic bullet’’ that will solve lation that established similar founda- mally expect—to production of medi- our national substance abuse problem, tions, such as the National Park Foun- cines. The bill I am introducing today, they have the potential to fill a gap in dation and the National Fish and Wild- the New Medicines To Treat Addiction current treatment regimens. The dis- life Foundation, both of which have Act of 1999, will hopefully change that. ease of addiction occurs for many rea- succeeded in raising private-sector sup- It takes focused aim at one segment of sons, including a variety of personal port for conservation programs. My bill the drug-abusing population—hardcore problems which pharmaco therapy can- is not intended to supplant existing addicts, namely users of cocaine and not address. Still, by providing a treat- Federal funding or other foundation ef- heroin—in part because these addicts ment regimen for drug abusers who are forts that may be underway, but rather are so difficult to treat with tradi- not helped by traditional methods, to supplement those efforts. tional methods, and in part because pharmacotherapy holds substantial The premise for establishing a na- this population commits such a large promise for reducing the crime and tional foundation is, in part, to elevate percentage of drug-related crime. health crisis that drug abuse is causing the level of fund raising beyond the In December, 1989, I commissioned a in the United States. local level, supplementing those efforts Judiciary Committee report, The New Medicines To Treat Addic- by seeking donations from potentially ‘‘Pharmacotherapy: A Strategy for the tion Act of 1999 would encourage and large donors. I also want to emphasize 1990’s.’’ In that report, I posed the ques- support the development of medicines the inclusiveness of the Foundation, tion, ‘‘If drug use is an epidemic, are to treat drug addiction in three ways. which will represent all the branches of we doing enough to find a medical It reauthorizes and increases funding our armed services. ‘cure’ for this disease?’’ The report for Medications Development Program Mr. President, statistics reveal that gave the answer ‘‘No.’’ Unfortunately, at the National Institute of Health, foundations established without the now a decade later, the answer remains which for years has been at the fore- mandate of a federal statute and the the same. Developing new medicines front of research into drug addition. backing of an established agency sel- for the treatment of addiction should The bill also creates two new incen- dom succeed. With ever-diminishing be among our highest medical research tives for private sector companies to federal funds, we cannot expect the De- priorities as a nation. Until we take undertake the difficult but important partment to put our military museums this modest step, we cannot claim to task of developing medicines to treat ahead of national security. Truly, an have done everything reasonable to ad- addiction. outside source committed to sustaining dress the problem, and we should not First, the bill would provide addi- our museums is imperative. I urge my become so frustrated that we effec- tional patient protections for compa- colleagues to support this important tively throw up our hands and do noth- nies that develop drugs to treat sub- legislation. ing. stance abuse. Under the bill, Recent medical advances have in- pharmacotherapies could be designated By Mr. BIDEN: creased the possibility of developing ‘orphan drugs’ and qualify for an exclu- S. 885. A bill to amend the Public medications to treat drug addiction. sive seven-year patent to treat specific Health Service Act and the Federal These advances include a heightened addiction. These extraordinary patent Food, Drug, and Cosmetic Act to pro- understanding of the physiologist and rights would greatly enhance the mar- vide incentives for the development of psychological characteristics of drug ket value of pharmacotherapies and drugs for the treatment of addiction to addiction and a greater base of provide a financial reward for compa- illegal drugs, and for other purposes; to neuroscientific research. nies that invest in the search to cure the Committee on Health, Education, One example of this promising re- drug addiction. This provision was con- Labor, and Pensions. search is the recent development of a tained in a bill introduced by Senator THE NEW MEDICINES TO TREAT ADDICTION ACT compound that has been proven to im- Kennedy and me in 1990, but was never OF 1999 munize laboratory animals against the acted on by Congress. Mr. BIDEN. Mr. President, today I effects of cocaine. The compound Second, the bill would establish a am introducing the New Medicines to works like a vaccine by stimulating substantial monetary reward for com- Treat Addiction Act of 1999, legislation the immune system to develop an anti- panies that develop drugs to treat co- that builds upon my efforts in previous body that blocks cocaine from entering caine and heroin addiction but shift Congresses to promote research into the brain. Researchers funded through the responsibility for marketing and and development of new medicines to the National Institute of Drug Abuse distributing such drugs to the govern- treat the ravages of hard core drug ad- believe that this advance may open a ment. This approach would create a fi- diction. whole new avenue for combating addic- nancial incentive for drug companies Since the first call to arms against tion. to invest in research and development illegal drugs, we have learned just how Despite this progress, we still do not but enable them to avoid any stigma insidious hard-core drug addiction is, have a medication to treat cocaine ad- associated with distributing medicine even as the ravages of substance diction or drugs to treat many other to substance abusers. abuse—on both the addict and the ad- forms of substance abuse, because the The bill would require the National dict’s victims—have become ever more private sector is unsure of the wisdom Academy of Sciences to develop strict apparent. The frustration in dealing of making the necessary investment in guidelines for evaluating whether a with a seemingly intractable national the production and marketing of such drug effectively treats cocaine or her- problem is palpable, most noticeably in medicines. oin addiction. If a drug meets these the heated rhetoric as politicians Privarte industry has not aggres- guidelines and is approved by the Food blame each other for the failure to find sively developed pharmacotherapies for and Drug Administration, then the a cure. What gets lost underneath the a variety of reasons, including a small government must purchase the patent noise is the recognition that we have customer base, difficulties distributing rights for the drug from the company not done everything we can to fight medication to the target population, that developed it. The purchase rights this problem and that, like all serious and fear of being associated with sub- for the patent rights is established by S4276 CONGRESSIONAL RECORD — SENATE April 27, 1999 law: $100 million for a drug to treat co- (2) in the second sentence, by striking (1) by striking ‘‘rare disease or condition’’ caine addiction and $50 million for a ‘‘States’’ and inserting ‘‘States, or for treat- and inserting ‘‘rare disease or condition, or drug to treat heroin addiction. Once ment of an addiction to illegal drugs’’; and for treatment of an addiction to illegal the government has purchased the pat- (3) by striking ‘‘such disease or condition’’ drugs,’’; and each place it appears and inserting ‘‘such ent rights, then it is responsible for (2) by striking ‘‘the disease or condition’’ disease or condition, or treatment of such each place it appears and inserting ‘‘the dis- producing the drug and distributing it addiction,’’. ease, condition, or addiction’’. to clinics, hospitals, state and local SEC. 202. DESIGNATION OF DRUGS. SEC. 205. CONFORMING AMENDMENTS. governments, and any other entities Section 526(a) of the Federal Food, Drug, (a) SUBCHAPTER HEADING.—The subchapter qualified to operate drug treatment and Cosmetic Act (21 U.S.C. 360bb(a)) is heading of subchapter B of chapter V of the programs. amended— Federal Food, Drug, and Cosmetic Act (21 This joint public/private endeavor (1) in paragraph (1)— U.S.C. 360aa et seq.) is amended by striking will correct the market inefficiencies (A) by inserting before the period in the ‘‘CONDITIONS’’ and inserting ‘‘CONDITIONS, OR that have thus far prevented the devel- first sentence the following: ‘‘, or for treat- FOR TREATMENT OF AN ADDICTION’’. opment of drugs to treat addiction and ment of an addiction to illegal drugs’’; (b) SECTION HEADINGS.—The section head- (B) in the third sentence, by striking ‘‘rare ing of sections 525 through 528 of the Federal require the government to take on the disease or condition’’ and inserting ‘‘rare dis- responsibilities that industry is unwill- Food, Drug, and Cosmetic Act (21 U.S.C. ease or condition, or for treatment of an ad- 360aa through 360dd) are amended by striking ing or unable to perform. diction to illegal drugs,’’; ‘‘CONDITIONS’’ and inserting ‘‘CONDITIONS, OR America’s drug problems is reduced (C) by striking ‘‘such disease or condi- FOR TREATMENT OF AN ADDICTION’’. each and every time a drug abuser tion,’’ and inserting ‘‘such disease or condi- (c) FEES.—Section 736(a)(1)(E) of the Fed- quits his or her habit. Fewer drug ad- tion, or treatment of such addiction,’’; and eral Food, Drug, and Cosmetic Act (21 U.S.C. dicts mean fewer crimes, fewer hospital (D) by striking ‘‘such disease or condi- 379h(a)(1)(E)) is amended— admissions, fewer drug-addicted babies tion.’’ and inserting ‘‘such disease or condi- (1) in the subparagraph heading, by strik- and fewer neglected children. The bene- tion, or treatment of such addiction.’’; and ing ‘‘ORPHAN’’; fits to our country of developing new (2) in paragraph (2)— (2) by striking ‘‘for a rare disease or condi- (A) by striking ‘‘(2) For’’ and inserting tion’’ each place it appears and inserting treatment options such as ‘‘(2)(A) For’’; pharmacotherapies are manifold. Each ‘‘for a rare disease or condition, or for treat- (B) by striking ‘‘(A) affects’’ and inserting ment of an addiction to illegal drugs,’’; and dollar we spend on advancing options ‘‘(i) affects’’; (3) in the first sentence, by striking ‘‘rare in this area can save us ten or twenty (C) by striking ‘‘(B) affects’’ and inserting disease or condition.’’ and inserting ‘‘rare times as much in years to come. The ‘‘(ii) affects’’; and disease or condition, or other than for treat- question isn’t ‘‘Can we afford to pursue (D) by adding at the end the following: ment of an addiction to illegal drugs, respec- a pharmacotherapy strategy?’’ but ‘‘(B) For purposes of this subchapter, the tively.’’. rather, ‘‘Can we afford not to?’’ term ‘treatment of an addiction to illegal drugs’ means treatment by any pharma- TITLE III—ENCOURAGING PRIVATE SEC- Congress has long neglected to adopt cological agent or medication that— TOR DEVELOPMENT OF measures I have proposed to speed the ‘‘(i) reduces the craving for an illegal drug PHARMACOTHERAPIES approval of and encourage greater pri- for an individual who— SEC. 301. DEVELOPMENT, MANUFACTURE, AND vate sector interest in pharmaco ther- ‘‘(I) habitually uses the illegal drug in a PROCUREMENT OF DRUGS FOR THE apy. We cannot let another Congress manner that endangers the public health, TREATMENT OF ADDICTION TO ILLE- GAL DRUGS. conclude without rectifying our past safety, or welfare; or Chapter V of the Federal Food, Drug, and ‘‘(II) is so addicted to the use of the illegal negligence on this issue. I urge my col- Cosmetic Act (21 U.S.C. 351 et seq.) is amend- drug that the individual is not able to con- leagues to join me in promoting an im- ed by adding at the end the following: trol the addiction through the exercise of portant, and potentially ground break- ‘‘Subchapter F—Drugs for Cocaine and ing, approach to addressing one of our self-control; ‘‘(ii) blocks the behavioral and physio- Heroin Addictions Nation’s most serious domestic chal- logical effects of an illegal drug for an indi- ‘‘SEC. 571. CRITERIA FOR AN ACCEPTABLE DRUG lenges. vidual described in clause (i); TREATMENT FOR COCAINE AND Mr. President, I ask unanimous con- ‘‘(iii) safely serves as a replacement ther- HEROIN ADDICTIONS. sent that the text of the bill be printed apy for the treatment of abuse of an illegal ‘‘(a) IN GENERAL.—Subject to subsections in the RECORD. drug for an individual described in clause (i); (b) and (c), the Secretary shall, in coopera- There being no objection, the bill was ‘‘(iv) moderates or eliminates the process tion with the Institute of Medicine of the ordered printed in the RECORD, as fol- of withdrawal from an illegal drug for an in- National Academy of Sciences, establish cri- lows: dividual described in clause (i); teria for an acceptable drug for the treat- ment of an addiction to cocaine and for an S. 885 ‘‘(v) blocks or reverses the toxic effect of an illegal drug on an individual described in acceptable drug for the treatment of an ad- Be it enacted by the Senate and House of Rep- clause (i); or diction to heroin. The criteria shall be used resentatives of the United States of America in ‘‘(vi) prevents, where possible, the initi- by the Secretary in making a contract, or Congress assembled, ation of abuse of an illegal drug in individ- entering into a licensing agreement, under SECTION 1. SHORT TITLE. uals at high risk. section 572. This Act may be cited as the ‘‘New Medica- ‘‘(C) The term ‘illegal drug’ means a con- ‘‘(b) REQUIREMENTS.—The criteria estab- tions to Treat Addiction Act of 1999’’. trolled substance identified under schedules lished under subsection (a) for a drug shall TITLE I—PHARMACOTHERAPY RESEARCH I, II, III, IV, and V in section 202(c) of the include requirements— SEC. 101. REAUTHORIZATION FOR MEDICATION Controlled Substances Act (21 U.S.C. ‘‘(1) that the application to use the drug DEVELOPMENT PROGRAM. 812(c)).’’. for the treatment of addiction to cocaine or Section 464P(e) of the Public Health Serv- SEC. 203. PROTECTION FOR DRUGS. heroin was filed and approved by the Sec- ice Act (42 U.S.C. 285o–4(e)) is amended to Section 527 of the Federal Food, Drug, and retary under this Act after the date of enact- read as follows: Cosmetic Act (21 U.S.C. 360cc) is amended— ment of this section; ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— (1) in subsection (a), by striking ‘‘rare dis- ‘‘(2) that a performance based test on the There is authorized to be appropriated to ease or condition,’’ and inserting ‘‘rare dis- drug— carry out this section such sums as may be ease or condition, or for treatment of an ad- ‘‘(A) has been conducted through the use of necessary for each of the fiscal years 2000 diction to illegal drugs,’’; a randomly selected test group that received through 2002 of which the following amount (2) in subsection (b), by striking ‘‘rare dis- the drug as a treatment and a randomly se- may be appropriated from the Violent Crime ease or condition’’ and inserting ‘‘rare dis- lected control group that received a placebo; Reduction Trust Fund: ease or condition, or for treatment of an ad- and ‘‘(1) $100,000,000 for fiscal year 2001; and diction to illegal drugs,’’; ‘‘(B) has compared the long term dif- ‘‘(2) $100,000,000 for fiscal year 2002.’’. (3) by striking ‘‘such disease or condition’’ ferences in the addiction levels of control TITLE II—PATENT PROTECTIONS FOR each place it appears and inserting ‘‘such group participants and test group partici- PHARMACOTHERAPIES disease or condition, or treatment of such pants; SEC. 201. RECOMMENDATION FOR INVESTIGA- addiction,’’; and ‘‘(3) that the performance based test con- TION OF DRUGS. (4) in subsection (b)(1), by striking ‘‘the ducted under paragraph (2) demonstrates Section 525(a) of the Federal Food, Drug, disease or condition’’ and inserting ‘‘the dis- that the drug is effective through evidence and Cosmetic Act (21 U.S.C. 360aa(a)) is ease, condition, or addiction’’. that— amended— SEC. 204. OPEN PROTOCOLS FOR INVESTIGA- ‘‘(A) a significant number of the partici- (1) in the first sentence, by striking TIONS OF DRUGS. pants in the test who have an addiction to ‘‘States’’ and inserting ‘‘States, or for treat- Section 528 of the Federal Food, Drug, and cocaine or heroin are willing to take the ment of an addiction to illegal drugs,’’; Cosmetic Act (21 U.S.C. 360dd) is amended— drug for the addiction; April 27, 1999 CONGRESSIONAL RECORD — SENATE S4277

‘‘(B) a significant number of the partici- censing agreement under this subsection re- ‘‘(2) FINAL PLAN.—Not later than 60 days pants in the test who have an addiction to lating to a drug to treat an addiction to her- after the date of the expiration of the com- cocaine or heroin and who were provided the oin shall not exceed $50,000,000. ment period described in paragraph (1), the drug for the addiction during the test are ‘‘(c) TRANSFER OF RIGHTS UNDER CON- Secretary shall publish in the Federal Reg- willing to continue taking the drug as long TRACTS AND LICENSING AGREEMENT.— ister a final plan described in subsection (a). as necessary for the treatment of the addic- ‘‘(1) CONTRACTS.—A contract under sub- The implementation of the plan shall begin tion; and section (b)(1) to purchase the patent rights on the date of the publication of the final ‘‘(C) a significant number of the partici- relating to a drug to treat cocaine or heroin plan. pants in the test who were provided the drug addiction shall transfer to the Secretary— ‘‘(e) CONSTRUCTION.—The development, for the period of time required for the treat- ‘‘(A) the exclusive right to make, use, or publication, or implementation of the plan, ment of the addiction refrained from the use sell the patented drug within the United or any other agency action with respect to of cocaine or heroin, after the date of the ini- States for the term of the patent; the plan, shall not be considered agency ac- tial administration of the drug on the par- ‘‘(B) any foreign patent rights held by the tion subject to judicial review. No official or ticipants, for a significantly longer period patent owner with respect to the drug; court of the United States shall have power than the average period of refraining from ‘‘(C) any patent rights relating to the proc- or jurisdiction to review the decision of the such use under currently available treat- ess of manufacturing the drug; and Secretary on any question of law or fact re- ments (as of the date of the application de- ‘‘(D) any trade secret or confidential busi- lating to any agency action with respect to scribed in paragraph (1)); and ness information relating to the develop- the plan. ‘‘(4) that the drug shall have a reasonable ment of the drug, process for manufacturing ‘‘(f) REGULATIONS.—The Secretary may cost of production. the drug, and therapeutic effects of the drug. promulgate regulations to carry out this sec- tion. ‘‘(c) REVIEW AND PUBLICATION OF CRI- ‘‘(2) LICENSING AGREEMENTS.—A licensing TERIA.—The criteria established under sub- agreement under subsection (b)(1) to pur- ‘‘SEC. 574. AUTHORIZATION OF APPROPRIATIONS. section (a) shall, prior to the publication and chase an exclusive license relating to manu- ‘‘There is authorized to be appropriated to application of such criteria, be submitted for facture and distribution of a drug to treat an carry out this subchapter, such sums as may review to the Committee on the Judiciary, addiction to cocaine or heroin shall transfer be necessary in each of fiscal years 2000 and the Committee on Education and the to the Secretary— through 2002.’’. Workplace, of the House of Representatives, ‘‘(A) the exclusive right to make, use, or and the Committee on the Judiciary, and the By Mr. SHELBY: sell the patented drug for the purpose of Committee on Health, Education, Labor, and treating an addiction to cocaine or heroin S. 887. A bill to establish a morato- Pensions, of the Senate. Not later than 90 within the United States for the term of the rium on the Foreign Visitors Program days after notifying each of the committees, patent; at the Department of Energy nuclear the Secretary shall publish the criteria in laboratories, and for other purposes; to the Federal Register. ‘‘(B) the right to use any patented proc- esses relating to manufacturing the drug; the Committee on Armed Services. ‘‘SEC. 572. PURCHASE OF PATENT RIGHTS FOR DRUG DEVELOPMENT. and DEPARTMENT OF ENERGY SENSITIVE COUNTRY ‘‘(a) APPLICATION.— ‘‘(C) any trade secret or confidential busi- FOREIGN VISITORS MORATORIUM ACT OF 1999 ‘‘(1) IN GENERAL.—The patent owner of a ness information relating to the develop- Mr. SHELBY. Mr. President, today I drug to treat an addiction to cocaine or her- ment of the drug, process for manufacturing am introducing a bill to impose a mor- oin, may submit an application to the the drug, and therapeutic effects of the drug atorium on the foreign visitors pro- Secretary— relating to use of the drug to treat an addic- tion to cocaine or heroin. gram at the Department of Energy’s ‘‘(A) to enter into a contract with the Sec- (DOE) nuclear laboratories. The bill ‘‘SEC. 573. PLAN FOR MANUFACTURE AND DEVEL- retary to sell to the Secretary the patent prohibits the Secretary of Energy from rights of the owner relating to the drug; or OPMENT. ‘‘(B) in the case in which the drug is ap- ‘‘(a) IN GENERAL.—Not later than 90 days admitting any person from a ‘‘sensitive proved under section 505 by the Secretary for after the date on which the Secretary pur- country’’ to our national laboratories, more than 1 indication, to enter into an ex- chases the patent rights of a patent owner, unless the Secretary of Energy person- clusive licensing agreement with the Sec- or enters into a licensing agreement with a ally certifies to the Congress that the retary for the manufacture and distribution patent owner, under section 572, relating to a visit is necessary for the national secu- of the drug to treat an addiction to cocaine drug under section 571, the Secretary shall rity of the United States. or heroin. develop a plan for the manufacture and dis- A ‘‘sensitive country’’ is a country ‘‘(2) REQUIREMENTS.—An application de- tribution of the drug. that is considered dangerous to the ‘‘(b) PLAN REQUIREMENTS.—The plan shall scribed in paragraph (1) shall be submitted at United States and that may want to such time and in such manner, and accom- set forth— panied by such information, as the Secretary ‘‘(1) procedures for the Secretary to enter acquire our nuclear weapons secrets. may require. into licensing agreements with private enti- Mr. President, the Senate Intel- ‘‘(b) CONTRACT AND LICENSING AGREE- ties for the manufacture and the distribution ligence Committee has been critical of MENTS.— of the drug; the Department of Energy’s counter- ‘‘(1) REQUIREMENTS.—The Secretary may ‘‘(2) procedures for making the drug avail- intelligence program for nearly ten enter into a contract or a licensing agree- able to nonprofit entities and private enti- years. Beginning in 1990, we identified ment described in subsection (a) with a pat- ties to use in the treatment of a cocaine or serious shortfalls in funding and per- ent owner who has submitted an application heroin addiction; sonnel dedicated to protecting our na- in accordance with subsection (a) if the drug ‘‘(3) a system to establish the sale price for tion’s nuclear secrets. Year after year, covered under the contract or licensing the drug; and agreement meets the criteria established by ‘‘(4) policies and procedures with respect to the Committee has provided additional the Secretary under section 571(a). the use of Federal funds by State and local funds and directed many reviews and ‘‘(2) SPECIAL RULE.—The Secretary may, governments or nonprofit entities to pur- studies in an effort to persuade the De- under paragraph (1), enter into— chase the drug from the Secretary. partment of Energy to take action. Un- ‘‘(A) not more than 1 contract or exclusive ‘‘(c) APPLICABILITY OF PROCUREMENT AND fortunately, this and prior administra- licensing agreement relating to a drug for LICENSING LAWS.—Federal law relating to tions failed to heed our warnings. Con- the treatment of an addiction to cocaine; procurements and licensing agreements by sequently, a serious espionage threat and the Federal Government shall be applicable at our national labs has gone virtually ‘‘(B) not more than 1 contract or licensing to procurements and licenses covered under unabated and it appears that our nu- agreement relating to a drug for the treat- the plan described in subsection (a). ment of an addiction to heroin. ‘‘(d) REVIEW OF PLAN.— clear weapons program may have suf- ‘‘(3) COVERAGE.—A contract or licensing ‘‘(1) IN GENERAL.—Upon completion of the fered extremely grave damage. agreement described in subparagraph (A) or plan under subsection (a), the Secretary Now, the administration has finally (B) of paragraph (2) shall cover not more shall notify the Committee on the Judiciary, begun to take affirmative steps to ad- than 1 drug. and the Committee on Education and the dress this problem. While I welcome ‘‘(4) PURCHASE AMOUNT.—Subject to Workplace, of the House of Representatives, their efforts, I am disappointed that it amounts provided in advance in appropria- and the Committee on the Judiciary, and the took a some bad press to motivate tions Acts— Committee on Health, Education, Labor, and them rather than a known threat to ‘‘(A) the amount to be paid to a patent Pensions, of the Senate, of the development our national security. Nevertheless, owner who has entered into a contract or li- of the plan and publish the plan in the Fed- censing agreement under this subsection re- eral Register. The Secretary shall provide an the Department of Energy has begun lating to a drug to treat an addiction to co- opportunity for public comment on the plan the process of repairing the damage caine shall not exceed $100,000,000; and for a period of not more than 30 days after caused by years of neglect, but it will ‘‘(B) the amount to be paid to a patent the date of the publication of the plan in the take time to make the necessary owner who has entered into a contract or li- Federal Register. changes. In fact, it may take years. S4278 CONGRESSIONAL RECORD — SENATE April 27, 1999 In the interim, we must take steps to (A) The Lawrence Livermore National Lab- There being no objection, the bill was ensure the integrity of our national oratory, Livermore, California. ordered to be printed in the RECORD, as labs. I understand that a moratorium (B) The Los Alamos National Laboratory, follows: Los Alamos, New Mexico. on the foreign visitors program may be S. 888 (C) The Sandia National Laboratories, Al- perceived as a draconian measure. buquerque, New Mexico. Be it enacted by the Senate and House of Until the Department fully implements (2) The term ‘‘sensitive countries list’’ Representatives of the United States of America a comprehensive and sustained coun- means the list prescribed by the Secretary of in Congress assembled, terintelligence program, however, I be- Energy known as the Department of Energy SECTION 1. MODIFICATIONS TO AIR TRANSPOR- lieve that we must err on the side of List of Sensitive Countries. TATION TAX CHANGES MADE BY TAXPAYER RELIEF ACT OF 1997. caution. The stakes are too high. By Mr. MURKOWSKI (for him- (a) ELIMINATION OF INFLATION ADJUSTMENT Mr. President, I ask unanimous con- FOR TAX ON CERTAIN USE OF INTERNATIONAL sent that the text of the bill be printed self, Mr. AKAKA, Mr. STEVENS, TRAVEL FACILITIES.—Section 4261(e)(4) of the in the RECORD. and Mr. INOUYE): Internal Revenue Code of 1986 (relating to in- There being no objection, the bill was S. 888. A bill to amend the Internal flation adjustment of dollar rates of tax) is ordered to be printed in the RECORD, as Revenue Code of 1986 to modify the air amended— follows: transportation tax changes made by (1) in subparagraph (A), by striking ‘‘each S. 887 the Taxpayer Relief Act of 1977; to the dollar amount contained in subsection (c)’’ Committee on Finance. and inserting ‘‘the $12.00 amount contained Be it enacted by the Senate and House of Rep- in subsection (c)(1)’’, and resentatives of the United States of America in AIR PASSENGER TAXES ON FLIGHTS TO AND (2) in subparagraph (B)(ii), by striking ‘‘the Congress assembled, FROM ALASKA AND HAWAII dollar amounts contained in subsection (c)’’ SECTION 1. SHORT TITLE. Mr. MURKOWSKI. Mr. President, and inserting ‘‘the $12.00 amount contained This Act may be cited as the ‘‘Department today, along with Mr. AKAKA, Mr. STE- in subsection (c)(1)’’. of Energy Sensitive Country Foreign Visi- VENS, and Mr. INOUYE, I am introducing (b) MODIFICATION OF RURAL AIRPORT DEFI- tors Moratorium Act of 1999’’. legislation that will provide a measure NITION.—Clauses (i) and (ii) of section SEC. 2. MORATORIUM ON FOREIGN VISITORS of relief to the citizens of Alaska and 4261(e)(1)(B) of the Internal Revenue Code of PROGRAM. 1986 (defining rural airport) are amended to (a) MORATORIUM.—The Secretary of Energy Hawaii who must rely on air transport far more than citizens in the lower 48. read as follows: may not admit to any facility of a national ‘‘(i) there were fewer than 100,000 commer- laboratory any individual who is a citizen of When Congress adopted the balanced budget legislation in 1997, one of the cial passengers departing by air during the a nation that is named on the current De- second preceding calendar year from such partment of Energy sensitive countries list. provisions of the tax bill re-wrote the airport and such airport— (b) WAIVER AUTHORITY.—(1) The Secretary formula for calculating the air pas- ‘‘(I) is not located within 75 miles of an- of Energy may waive the prohibition in sub- senger tax for domestic and inter- other airport which is not described in this section (a) on a case-by-case basis with re- national flights. As part of this for- clause, or spect to specific individuals whose admission ‘‘(II) is receiving essential air service sub- to a national laboratory is determined by mula change, Congress adopted a per sidies as of August 5, 1997, or the Secretary to be necessary for the na- passenger, per segment fee which dis- ‘‘(ii) such airport is not connected by paved tional security of the United States. proportionately penalizes travelers to (2) Before any such waiver takes effect, the and from Alaska and Hawaii who have roads to another airport.’’ (c) IMPOSITION OF TICKET TAX ON SEGMENTS Secretary shall submit to the Committee on no choice but to travel by air. TO AND FROM ALASKA OR HAWAII OR WITHIN Armed Services and the Select Committee The legislation we are introducing ALASKA OR HAWAII AT RATE IN EFFECT BE- on Intelligence of the Senate and the Com- today would reinstate the prior law 10 FORE THE TAXPAYER RELIEF ACT OF 1997.— mittee on Armed Services and the Perma- percent tax formula for flights to and Section 4261(e) of the Internal Revenue Code nent Select Committee on Intelligence of the from our states. In addition, the $6 of 1986 (relating to special rules) is amended House of Representatives a report in writing by adding at the end the following: providing notice of the proposed waiver. The international departure fees that are ‘‘(6) SEGMENTS TO AND FROM ALASKA OR HA- report shall identify each individual for imposed on such flights would be re- WAII OR WITHIN ALASKA OR HAWAII.—Except whom such a waiver is proposed and, with re- tained at the current level and would with respect to any domestic segment de- spect to each such individual, provide a de- not be indexed. I see no reason why scribed in paragraph (1), in the case of trans- tailed justification for the waiver and the passengers flying to and from our portation involving 1 or more domestic seg- Secretary’s certification that the admission states must face a guaranteed increase ments at least 1 of which begins or ends in of that individual to a national laboratory is in tax every year because of inflation. Alaska or Hawaii or in the case of a domestic necessary for the national security of the We don’t index tobacco taxes, we don’t segment beginning and ending in Alaska or United States. (3)(A) A waiver under paragraph (1) may index fuel taxes; why should govern- Hawaii— not take effect until a period of 10 days of ment automatically gain additional ‘‘(A) subsection (a) shall be applied by sub- continuous session of Congress has expired revenue from air passengers simply be- stituting ‘‘10 percent’’ for the otherwise ap- after the date of the submission of the report cause of inflation? plicable percentage, and under paragraph (2) providing notice of that Mr. President, this legislation re- ‘‘(B) the tax imposed by subsection (b)(1) waiver. quires that intrastate Alaska and Ha- shall not apply.’’. (d) EFFECTIVE DATE.—The amendments (B) For purposes of subparagraph (A)— waii flights will be subject to a flat 10 (i) the continuity of a session of Congress made by this section shall take effect 7 days percent tax if such flights do not origi- after the date of the enactment of this Act. is broken only by an adjournment of the nate or terminate at a rural airport in Congress sine die; and By Mrs. HUTCHISON (for herself, (ii) there shall be excluded from the com- our states. In addition, the definition putation of the 10-day period specified in of a rural airport is expanded to in- Mr. SANTORUM, and Mr. COCH- that subparagraph Saturdays, Sundays, legal clude airports within 75 miles of each RAN): public holidays, and any day on which either other where no roads connect the com- S. 889. A bill to amend the Internal House of Congress in not in session because munities. This provision not only bene- Revenue Code of 1986 to provide a tax of adjournment of more than three days to a fits Alaska, but many island commu- credit for investment necessary to revi- day certain. nities throughout the United States. In talize communities within the United (4) The authority of the Secretary under many towns in Alaska, air transport is States, and for other purposes; to the paragraph (1) may not be delegated. the only viable means of transpor- Committee on Finance. SEC. 3. BACKGROUND CHECKS ON ALL FOREIGN VISITORS TO NATIONAL LABORA- tation from one community to another. COMMERCIAL REVITALIZATION TAX ACT OF 1999 TORIES. There is no reason these airports Mrs. HUTCHISON. Mr. President, Before an individual who is a citizen of a should be denied the benefit of the spe- today I am pleased to introduce, along foreign nation is allowed to enter a national cial rural airport tax rate simply be- with Mr. SANTORUM, and Mr. COCHRAN, laboratory, the Secretary of Energy shall re- cause our state does not have the the Commercial Revitalization Tax quire that a security clearance investigation transportation infrastructure or geo- Credit Act of 1999. This bill is identical (known as a ‘‘background check’’) be carried out on that individual. graphic definition that exists in most to the bipartisan and widely supported SEC. 4. DEFINITIONS. of the lower 48. legislation I sponsored during the last In this Act: Mr. President, I ask unanimous con- session of Congress. (1) The term ‘‘national laboratory’’ means sent that the text of the bill be printed This measure will create jobs, expand any of the following: in the RECORD. economic activity, and revitalize the April 27, 1999 CONGRESSIONAL RECORD — SENATE S4279 physical structure and value of residen- By Mr. WELLSTONE (for him- quent was 19 years of age. Those aged tial and commercial buildings in Amer- self, Mr. ROBB, and Mr. FEIN- 18–20 accounted for 22 percent of all ar- ica’s most distressed urban and rural GOLD): rest for murder in 1997. communities. S. 890. A bill to facilitate the natu- There are indications that the 18- The bill provides a targeted tax cred- ralization of aliens who served with year old girlfriend of one of the two it to businesses to help defray the cost special guerrilla units or irregular gunmen involved in the tragic Little- of construction, expansion, and renova- forces in Laos; to the Committee on ton, Colorado school shooting pur- tion in these areas, and in the process the Judiciary. chased at least two of the firearms will generate billions in privately HMONG VETERANS’ NATURALIZATION ACT OF 1999 used in the attack. Handgun possession based economic activity in those areas Mr. FEINGOLD. Mr. President, I am by persons 18 or over is not forbidden that need the most help in our country. pleased to rise today as an original co- by Colorado law. As we continue to look for ways to sponsor of the Hmong Veterans Natu- The 1968 Gun Control Act prevents combat the decay of our inner cities ralization Act of 1999. I commend the federally licensed gun dealers from and to raise the standard of living in Senator from Minnesota [Mr. selling handguns to anyone under the many of our rural areas, I believe, and WELLSTONE] and our colleague in the age of 21. This ban does not apply to numerous studies demonstrate, that re- House of Representatives, Congressman sales of handguns by unlicensed per- versing the physical deterioration in VENTO, for their commitment to this sons, however. Federal law only stops America’s cities has numerous and far important issue. such persons from selling handguns to reaching economic benefits. Revitaliza- I honor the service of the Lao and anyone under the age of 18—thus ne- tion in decaying neighborhoods lifts Hmong veterans to the United States, glecting to ban sales to the 18–20 year- the hopes and expectations of the resi- and appreciate the great personal risk olds who account for such a significant dents of those areas that economic they faced when they chose to help this portion of crime gun traces and mur- growth and opportunity is coming country. I am pleased that many of ders. In another inexplicable oversight, their way. Indeed, one of the key rec- them have chosen to make the United federal law also fails to ban private ommendations of a top-to-bottom re- States, and my home state of Wis- sales of semiautomatic assault weap- view of law enforcement in this city, consin, their adopted homeland. ons and high-capacity ammunition our Nation’s Capital, was to improve In my view, Mr. President, this bill, feeding devices to persons even under the many abandoned buildings in which would expedite the naturaliza- the age of 18. Washington, D.C. that create an atmos- tion process for 45,000 Lao and Hmong My bill would correct these flaws in phere conducive to crime and despair. our federal gun laws. It would ban sales veterans and their spouses, is the least The Commercial Revitalization Tax by unlicensed individuals of handguns, we can for the help repay the huge debt Credit Act will build upon the em- semiautomatic assault weapons, and we owe these brave individuals. I have powerment zone/enterprise community large capacity ammunition feeding di- had the opportunity to meet many Lao program that is now unfolding over 100 vides to persons under the age of 21. In- and Hmong veterans and their families communities in the United States. deed, it would ban possession of these as I travel throughout Wisconsin. I am Texas has five of these specially des- deadly weapons by persons under 21, struck by the profound importance ignated areas: Houston, Dallas, El with exceptions made for young per- they place on becoming citizens of the Paso, San Antonio, and Waco, as well sons who are members of the Armed United States. This bill would help as one rural zone in the Rio Grande Forces or National Guard or use these them reach that goal. valley covering four counties. Not only firearms in self-defense against an in- will these cities qualify for the credit By Mr. SCHUMER: truder to their residences. under my bill, but so will the 400 com- S. 891 A bill to amend section 922(x) This is a common-sense measure that munities in the United States that of title 18, United States Code, to pro- will keep guns out of the hands of sought such designation but were not hibit the transfer to and possession of those most likely to use guns irrespon- selected. State-established enterprise handguns, semiautomatic assault sibly and dangerously. I urge the Sen- zones and other specifically designated weapons, and large capacity ammuni- ate to pass this bill into law soon. I ask revitalization districts established by tion feeding devices by individuals who unanimous consent that the text of my State and local governments will also are less than 21 years of age, and for bill be printed in the RECORD. be able to participate. In all, over 1,000 other purposes; to the Committee on There being no objection, the bill was areas will qualify for this credit na- the Judiciary. ordered to be printed in the RECORD, as tionwide. follows: THE JUVENILE GUN LOOPHOLE CLOSURE ACT Our bill contains the following prin- S. 891 ciple features: A tax credit that may be Mr. SCHUMER. Mr. President, I am introducing legislation today to close Be it enacted by the Senate and House of Rep- applied to construction amounting to resentatives of the United States of America in at least 25 percent of the basis of the what I believe is a major loophole in Congress assembled, property, in designated revitalization our federal gun laws—a loophole which SECTION 1. SHORT TITLE. areas; qualified investors could choose permits 18–20 year-olds to possess hand- This Act may be cited as the ‘‘Juvenile a one-time 20-percent tax credit guns, semiautomatic assault weapons, Gun Loophole Closure Act’’. against the cost of new construction or and large capacity ammunition feeding SEC. 2. PROHIBITION ON TRANSFER TO AND POS- rehabilitation. Alternatively, a busi- devices. SESSION OF HANDGUNS, SEMIAUTO- Firearms trace data collected as part MATIC ASSAULT WEAPONS, AND ness owner could take a five percent LARGE CAPACITY AMMUNITION credit each year over a 10-year period. of the Youth Crime Gun Interdiction FEEDING DEVICES BY INDIVIDUALS Tax credits would be allocated to each Initiative (YCGII) paint a disturbing LESS THAN 21 YEARS OF AGE. state, according to a formula, with picture of crime gun activity by per- Section 922(x) of title 18, United States Code, is amended— States and localities determining the sons under 21. In the most recent YCGII Trace Analysis Report, the age (1) in paragraph (1)— priority of the projects. In all, $1.5 bil- (A) in subparagraph (A), by striking ‘‘or’’ lion in tax credits would be allocated of the possessor was known for 32,653, at the end; under this tax bill. or 42.8 percent, of the 72,260 crime guns (B) in subparagraph (B), by striking the pe- Mr. President, with a minimum level traced. Of these 32,563 guns, approxi- riod at the end and inserting a semicolon; of bureaucratic involvement and mately 4,840, or 14.8 percent, were re- and through a proven tax mechanism, this covered from 18–20 year-olds. Indeed, (C) by adding at the end the following: initiative will make a significant dif- the most frequent age of crime gun ‘‘(C) a semiautomatic assault weapon; or ference in the lives of thousands of possession was 19 years of age, and the ‘‘(D) a large capacity ammunition feeding families in need and for the economies second most frequent was 18 years of device.’’; (2) in paragraph (2)— of hundreds of distressed urban and age. (A) in subparagraph (A), by striking ‘‘or’’ rural communities across this Nation. At the same time, according to the at the end; I hope my colleagues will join me in 1997 Uniform Crime Reports, the most (B) in subparagraph (B), by striking the pe- supporting this sound and effective frequent age arrested for murder was 18 riod at the end and inserting a semicolon; pro-growth initiative. years of age, and the second most fre- and S4280 CONGRESSIONAL RECORD — SENATE April 27, 1999 (C) by adding at the end the following: F provides tax rules that ensure that ture that does not hinder the competi- ‘‘(C) a semiautomatic assault weapon; or the U.S. financial services industry is tive efforts of the U.S. financial serv- ‘‘(D) a large capacity ammunition feeding on an equal competitive footing with ices industry. That would be the case if device.’’; their foreign based competitors and, the active financing exception to Sub- (3) in paragraph (3)— part F were permitted to expire. (A) in subparagraph (B), by inserting ‘‘, just as importantly, provides tax treat- semiautomatic assault weapon, or large ca- ment that is consistent with the tax The growing interdependence of pacity ammunition feeding device’’ after treatment accorded most other U.S. world financial markets has high- ‘‘handgun’’; and companies. lighted the urgent need to rationalize (B) in subparagraph (D), by striking ‘‘or This legislation provides the U.S. fi- U.S. tax rules that undermine the abil- ammunition’’ and inserting ‘‘, ammunition, nancial services industry the certainty ity of American financial services in- semiautomatic assault weapon, or large ca- that they will be able to compete with dustries to compete in the inter- pacity ammunition feeding device’’; and their foreign competitors now and into national arena. It is important to en- (4) in paragraph (5), by striking ‘‘18’’ and sure that the U.S. tax treatment of inserting ‘‘21’’. the 21st century. This is important to our future economic growth and con- worldwide income does not encourage By Mr. HATCH (for himself, Mr. tinued global leadership of American avoidance of U.S. tax through the shel- BAUCUS, Mr. MACK, Mr. BRYAN, companies in the financial services in- tering of income in foreign tax havens. Mr. MURKOWSKI, and Mr. dustry. However, I believe it is possible to ade- BREAUX): Mr. President, I ask unanimous con- quately protect the federal fisc without S. 892. A bill to amend the Internal sent that the text of the bill be printed jeopardizing the international expan- Revenue Code of 1986 to permanently in the RECORD. sion and competitiveness of U.S.-based extend the subpart F exemption for ac- There being no objection, the bill was financial services companies, including tive financing income; to the Com- ordered to be printed in the RECORD, as finance and credit entities, commercial mittee on Finance. follows: banks, securities firms, and insurance SUBPART F EXCEPTION FOR ACTIVE FINANCING S. 892 companies. This active financing provision is Mr. HATCH. Mr. President, I am Be it enacted by the Senate and House of Rep- particularly important today. The U.S. today introducing legislation on behalf resentatives of the United States of America in financial services industry is second to of myself, Mr. BAUCUS. Mr. MACK, Mr. Congress assembled, none, and plays a pivotal role in main- BRYAN, Mr. MURKOWSKI, and Mr. SECTION 1. PERMANENT SUBPART F EXEMPTION FOR ACTIVE FINANCING INCOME. taining confidence in the international BREAUX. This bill would permanently (a) BANKING, FINANCING, OR SIMILAR BUSI- marketplace. Through our network of extend the exclusion from Subpart F NESSES.—Subsection (h) of section 954 of the tax treaties, we have made tremendous for active financing income earned on Internal Revenue Code of 1986 (relating to progress in negotiating new foreign business operations overseas. This leg- special rule for income derived in the active markets for this industry in recent islation permits American financial conduct of banking, financing, or similar years. Our tax laws should com- services firms doing business abroad to businesses) is amended by striking paragraph plement, rather than undermine, this defer U.S. tax on their earnings from (9). (b) INSURANCE BUSINESSES.—Subsection (a) trade effort. their foreign financial services oper- As is the case with other tax provi- ations until such earnings are returned of section 953 of such Code (defining insur- ance income) is amended by striking para- sions such as the Research and Devel- to the U.S. parent company. graph (10) and by redesignating paragraph opment tax credit, the temporary na- The permanent extension of this pro- (11) as paragraph (10). ture of the U.S. active financing excep- vision is particularly important in to- (c) EFFECTIVE DATE.—The amendments tion denies U.S. companies the cer- day’s global marketplace. Over the last made by this section shall apply to taxable tainty enjoyed by their foreign com- few years the financial services indus- years of a foreign corporation beginning petitors. U.S. companies need to know try has seen technological and global after December 31, 1998, and to taxable years of United States shareholders with or within the tax consequences of their business changes that have changed the very na- operations. Over the last two years, ture of the way these corporations do which such taxable years of such foreign cor- poration end. U.S. companies have implemented nu- business both here and abroad. The merous system changes in order to U.S. financial industry is a global lead- Mr. BAUCUS. Mr. President, today I am pleased to join my colleague Sen- comply with two very different er and plays a pivotal role in maintain- versions of the active financing law, ator HATCH in introducing legislation ing confidence in the international and are unable to take appropriate marketplace. It is essential that our to permanently extend the exception from Subpart F for active financing in- strategic action if the tax law is not tax laws adapt to the fast-paced and stable. come earned on overseas business. ever-changing business environment of I ask my colleagues to join me in United States companies doing busi- today. supporting this legislation, and provide ness abroad are generally allowed to The bill we are introducing today a consistent, equitable, and stable pay U.S. tax on the earnings from the would provide a consistent, equitable, international tax regime for the U.S. active operations of their foreign sub- and stable international tax regime for financial services industry. this important component of our econ- sidiaries when these earnings are re- omy. A permanent extension of this turned to the U.S. parent company. By Mr. GORTON (for himself and provision will give American compa- Until recently, U.S.-based finance com- Mrs. MURRAY): nies much deserved stability. The cur- panies such as insurance companies S. 893. A bill to amend title 46, rent ‘‘on-again, off-again’’ system of and brokers, banks, securities dealers, United States Code, to provide equi- annual extension limits the ability of and other financial services firms, have table treatment with respect to State U.S.-based firms to compete fully in not been afforded similar treatment. and local income taxes for certain indi- the marketplace and interferes with The current law provision that is in- viduals who perform duties on vessels; their decision making and long-term tended to afford America’s financial to the Committee on Commerce, planning. The activities that give rise services industry parity with other seg- Science, and Transportation. to this income are long-range in na- ments of the U.S. economy expires at TRANSPORTATION WORKER TAX FAIRNESS ACT ture, not easily stopped and started on the end of 1999. Our legislation, in- Mr. GORTON. Mr. President, I rise a year-to-year basis. Permanency is tended to keep the U.S. financial serv- today to introduce the Transportation the only thing that makes sense. After ices industry on an equal footing with Worker Tax Fairness Act. This legisla- all, the vast majority of the provisions foreign-based competitors, would make tion will ensure that transportation in the tax code are permanent; it is this provision permanent. workers who toil away on our nation’s only a select few that are subjected to The financial services sector is the waterways receive the same tax treat- this annual cycle of extensions. fastest growing component of the U.S. ment afforded their peers who work on This legislation will give U.S. based trade in services surplus (which is ex- the nation’s highways, railroads, or financial services companies consist- pected to exceed $80 billion this year). navigate the skies. ency and stability. The permanent ex- It is therefore very important that Truck drivers, railroad personnel, tension of this exclusion from Subpart Congress act to maintain a tax struc- and airline personnel are currently April 27, 1999 CONGRESSIONAL RECORD — SENATE S4281 covered by the Interstate Commerce FRIST, Mr. BOND, and Mr. milk they produce, while protecting Act, which exempts their income from THOMPSON): the interests of consumers and proc- double taxation. Water carriers, who S.J. Res. 22. A joint resolution to re- essors. The Dairy Compact Commission work on tugboats or ships, were not in- authorize, and modify the conditions that was established by the 1996 Com- cluded in the original legislation. This for, the consent of Congress to the pact legislation is made up of 26 mem- treatment is patently unfair. The Northeast Interstate Dairy Compact bers from the six New England states. Transportation Worker Tax Fairness and to grant the consent of Congress to The members, which are appointed by Act will rectify this situation by ex- the Southern Dairy Compact; read the each state’s governors, consist of con- tending the same tax treatment to per- first time. sumers, processors, farmers and other sonnel who work on the navigable wa- RE-AUTHORIZATION OF THE NORTHEAST DAIRY state representatives. ters of more than one state. COMPACT AND RATIFICATION OF THE SOUTH- The legislation being introduced Mr. President, this legislation will ERN DAIRY COMPACT today, establishes that the dairy com- have no impact on the federal treasury. Mr. JEFFORDS. Mr. President, I rise pacts may regulate only fluid milk, or This measure simply allows those who today to introduce legislation to make Class I milk. It ensure that the dairy work our navigable waterways protec- permanent the Northeast Interstate compacts compensate the Commodity tion from double taxation. Dairy Compact and to ratify a South- Credit Corporation for the cost of any This matter came to my attention ern Dairy Compact. I am so pleased to purchases of milk by the corporation through a series of constituent letters be joined by 38 of my colleagues as that result from the operation of the from Columbia River tug boat opera- original cosponsors of this important compacts. In addition, the legislation tors who are currently facing taxation legislation. exempts the Woman, Infant and Chil- from Oregon as well as Washington In 1996, Senator LEAHY and I fought dren (WIC) program from any costs re- state. I am committed to pursuing this an uphill battle and secured eleventh lated to the dairy compacts. More im- portantly, the Daily Compact operates avenue of relief for my constituents, as hour passage of this landmark legisla- at no costs to the federal government. well as hard working tug boat opera- tion. We were met with resistance in every step of the legislative process, A 1998 report by the Office of Man- tors across the nation. agement and Budget (OMB) on the eco- Mr. President, I ask unanimous con- yet we succeeded in passing the Com- nomic effects of the Dairy Compact il- sent that the text of the bill be printed pact as a three-year pilot program. The Northeast Compact has a proven lustrates the Compact’s success. The in the RECORD. OMB reported that during the first six There being no objection, the bill was record of effectiveness. All eyes have been on New England since the com- months of the Compact, consumer ordered to be printed in the RECORD, as prices for milk within the Compact re- follows: pact became law. The Compact has been studied, audited, and sued—but gion were five cents lower than retail S. 893 store prices in the rest of the nation. Be it enacted by the Senate and House of Rep- has always come through with a clean bill of health. Because of the success of OMB concluded that the Compact resentatives of the United States of America in added no federal costs to nutrition pro- the Compact it has served as a model Congress assembled, grams during this time, and that the for the entire country. Since the SECTION 1. AMENDMENT OF CHAPTER 111 OF Compact did not adversely affect farm- TITLE 46, UNITED STATES CODE. Northeast Compact was approved by ers outside the Compact region. Section 11108 of title 46, United States Congress as part of the 1996 Farm Bill, Code, is amended— Helping farmers protect their re- it has been extremely successful in bal- sources and receive a fair price for (1) by inserting ‘‘(a) WITHHOLDING.—’’ be- ancing the interests of processors, re- fore ‘‘WAGES’’; and their products in vital to Vermont’s (2) by adding at the end the following: tailers, consumers, and dairy farmers economic base and, indeed, its very ‘‘(b) LIABILITY.— by helping to maintain milk price sta- heritage as a state. Establishing a fair ‘‘(1) LIMITATION ON JURISDICTION TO TAX.— bility. price for dairy farmers has been an on- An individual to whom this subsection ap- The 1996 Farm Bill authorized the going battle throughout my time on plies is not subject to the income tax laws of Dairy Compact for three years and was Capitol Hill. Few initiatives in my long a State or political subdivision of a State, originally due to expire in April of 1999. other than the State and political subdivi- memory have sparked such a vigorous Senator LEAHY and I, during the 1999 policy debate as the Northeast Dairy sion in which the individual resides, with re- Omnibus Appropriations bill, included spect to compensation for the performance Compact. I am so pleased and proud at of duties described in paragraph (2). language that extended the life of the how industry and government leaders ‘‘(2) APPLICATION.—This subsection applies Compact for six additional months. from throughout Vermont and the New to an individual— The Compact will expire on October 1, England region pulled together to pass ‘‘(A) engaged on a vessel to perform as- 1999, unless congressional action is the Compact. I am also impressed by signed duties in more than one State as a taken. the tremendous coalition of support for pilot licensed under section 7101 of this title Mr. President, in addition to the six or licensed or authorized under the laws of a permanent authorization of the North- New England states, 23 states have ei- east and Southern Dairy Compacts. State; or ther passed or are considering legisla- ‘‘(B) who performs regularly-assigned du- The adoption of the Northeast Com- ties while engaged as a master, officer, or tion for dairy compacts that would pact in 1996 simply could not have hap- crewman on a vessel operating on the navi- help both farmers and consumers in pened in Congress without the help and gable waters of more than one State.’’. their states. During the past year Ala- dedicated work for the veritable army bama, Arkansas, Kentucky, Louisiana, of Compact supporters from through- By Mr. JEFFORDS (for himself, Mississippi, North Carolina, South out Vermont and the country. This Mr. LEAHY, Mr. SPECTER, Mr. Carolina, Tennessee, Virginia and West year, our legislation again is supported COCHRAN, Mr. MOYNIHAN, Mr. Virginia have passed legislation to by Governors, State legislators, con- SESSIONS, MS. SNOWE, MR. form a Southern Dairy Compact. Flor- sumers and farmers from throughout LOTT, Ms. LANDRIEU, Ms. COL- ida, Georgia, Missouri, Oklahoma, the country. LINS, Mr. KENNEDY, Mr. SCHU- Texas and Kansas are also considering Mr. President, on March 5, 1999, the MER, Mr. SHELBY, Ms. MIKULSKI, joining the Southern Compact. The Or- Basic Formula Price (BFP) paid to Mr. HOLLINGS, Mr. HUTCHINSON, egon legislature is in the process of de- farmers dropped from $16.27 to $10.27, Mr. DODD, Mr. BREAUX, Mr. veloping a Pacific Northwest Dairy the largest month to month drop in THURMOND, Mr. CHAFEE, Mr. Compact as well. history, bringing the lowest milk price SMITH of New Hampshire, Mr. New Jersey, Maryland and New York in about 20 years to dairy farmers. In SARBANES, Mr. COVERDELL, Mr. have passed state legislation enabling the beginning of April the full impact CLELAND, Mr. GREGG, Mr. REED, them to join the Northeast Dairy Com- to farmers was $7.07 per hundredweight Mr. KERRY, Mr. HELMS, Mr. pact. Delaware, Pennsylvania and Ohio loss from December of 1998’s BFP. This BYRD, Mr. TORRICELLI, Mr. ED- may also join if passed in their states. drop in price will have a severe nega- WARDS, Mr. LIEBERMAN, Mr. These states have recognized how dairy tive impact on dairy producers from ASHCROFT, Mr. ROCKEFELLER, compacts can help provide stability to throughout the country. In New Eng- Mrs. LINCOLN, Mr. BIDEN, Mr. the price paid to dairy farmers for the land, the Dairy Compact that currently S4282 CONGRESSIONAL RECORD — SENATE April 27, 1999 exists will help cushion the price col- safety net for struggling farmers. bility of dairy farming within the com- lapse, with no cost to the federal gov- They, too, want the same for their pact region. Specifically, states that ernment. farmers and their farmers deserve the choose to join the compact would enter Farmers from throughout Vermont opportunity to create their own re- into a voluntary agreement to create a and New England have praised the gional compact. minimum price for milk within the Compact for helping maintain a stable Compacts are state-initiated, state- compact region. This price would take price. ‘‘Without the Northeast Dairy ratified and state-supported voluntary into account the regional differences in Compact, we would be in real trouble, programs. And the need for regional the costs of production for milk, there- the price drop would put a lot of people compacts has never been greater. Low by providing dairy farmers with a fair of out business.’’ Simply it’s a bless- dairy prices coupled with a disastrous and equitable price for their product. ing—no, that’s an understatement—it’s decision on federal milk marketing re- This bill would authorize Pennsyl- a lifesaver’’. form have made the compact more im- vania, New Jersey, Delaware, New Mr. President, earlier today, I joined portant to us now than ever before. Our York, Maryland, and Ohio to join the several of my Senate and House col- legislation is a huge step toward ensur- existing Northeast Interstate Dairy leagues on the Capitol lawn to an- ing that the safety net of the Compact Compact. New York, New Jersey, and nounce the introduction of this impor- will continue. Maryland have already agreed to join tant legislation. I was so pleased to see The fight to continue the Northeast and the Pennsylvania State Legisla- the support and interest for this bill. I Compact and create the Southern Com- ture is currently considering compact urge my colleagues to support this leg- pact, however, will be tough. Oppo- legislation. Further, it would authorize islation. Give the states their right to nents of regional compacts—large and states in the southern part of the coun- join together to help protect their wealthy milk manufacturers, rep- try to form a similar compact to pro- farmers and consumers by supporting resented by groups such as the Inter- vide price stability in this region. In order to ensure that this legisla- this bill. national Dairy Foods Association—will tion does not provide a negative impact Mr. LEAHY. Mr. President, I am again throw millions of dollars into an to low-income nutrition programs that proud to continue my support for dairy all-out campaign to stop the compacts. use a large quantity of dairy products farmers by introducing legislation And they will say anything to stop it. each year, the bill ensures that the which will make permanent the North- Some of the most common anti-Com- Women, Infants and Children (WIC) east Interstate Dairy Compact and will pact rhetoric that I have heard sug- program and the School Lunch pro- authorize the Southern Interstate gests that the Compact creates a bar- gram will not be required to pay higher Dairy Compact. rier for trade between states within the prices for milk as a result of any action The Northeast Interstate Dairy Com- Compact and states outside of it. On taken by the Compact Commission. pact has proven itself to be a successful the contrary, as reported by the Office Over the past several years, I have and enduring partnership between of Management and Budget, the North- worked closely with my colleagues in dairy farmers and consumers through- east Dairy Compact has in fact prompt- the Senate in order to provide a more out New England, and we want to make ed an increase in interstate dairy equitable price for our nation’s milk sure that this partnership continues. sales—particularly for milk coming producers. I supported amendments to The Northeast Dairy Compact has into New England. the Farm Bills of 1981 and 1985, the done exactly what it was established to Another common anti-Compact argu- Emergency Supplemental Appropria- do: stabilize fluctuating dairy prices ment concerns the impact of the Com- tions Bill of 1991, the Budget Resolu- and keep New England dairy farmers in pact on consumers. However, New Eng- tion of 1995 and the most recent Farm business. The Compact provides the land retail milk prices under the Dairy Bill in 1996 in an effort to insure that perfect safety net for dairy farmers. Compact continue to be lower on aver- dairy farmers receive a fair price. As a When milk prices are high, dairy farm- age than the rest of the nation. member of the U.S. Senate Agriculture ers receive no benefits. When milk Processor groups who are opposed to Appropriations Subcommittee, I have prices are low, the Compact takes ef- dairy compacts simply want milk as worked to ensure that dairy programs fect, providing temporary benefits to cheap as they can get it to boost their have received the maximum possible dairy farmers. Yet the Compact costs enormous profits to record levels, re- funding. In the past four years alone, I taxpayers nothing. I don’t need to tell gardless of the impact on farmers. But have worked to obtain almost $1.1 mil- you that a zero cost is very unusual at some point if a lot of dairy farmers lion for dairy research conducted at among farm programs. go out of business, IDFA and others Penn State University. I have also been The Compact makes a big difference might regret what they have caused. a leading supporter of the Dairy Export in the lives of dairy farmers in New Make no mistake—I do believe that Incentive Program which facilitates England. Since the Compact went into dairy processors deserve to make their the development of an international effect one and a half years ago, the at- fair share of income. However, the market for United States dairy prod- trition rate for farms has declined farmers that produce the milk deserve ucts. throughout New England. In fact, the to make a fair living. And a fair living In recent years, however, dairy farm- Vermont Department of Agriculture is what dairy compacts provide for ers have faced the dual problems of a recently announced that since July of farmers. record high cost of feed grain and a last year, there has actually been an Compacts have been consumer tested record drop in the Basic Formula Price increase in farms in Vermont. Just a and farmer approved, and I look for- paid for dairy products. Prices have few years ago, an increase in the num- ward to making them a permanent part fluctuated greatly over the past several ber of farms would have been of our dairy industry. years, setting new record highs and unfathomable. Solid dairy prices cou- Mr. SPECTER. Mr. President, I join lows, thereby making any long-term pled with the safety net of the Dairy today with my colleagues from planning impossible for farmers. Most Compact have caused a rebound in the Vermont, Senators JEFFORDS and recently, after reaching an all time dairy industry in New England. We can LEAHY, in introducing legislation to re- high in December of 1998, the Basic achieve similar success in the South authorize the Northeast Dairy Com- Formula Price for milk dropped $5.72 with a Southern Dairy Compact. pact and to authorize a Southern Dairy per hundredweight to a price of $11.62 Many of our allies from the South Compact. for March 1999. These economic condi- have watched the Northeast Dairy This legislation will create a much tions have placed our nation’s dairy Compact survive several legal and po- needed safety net for dairy farmers and farmers in an all but impossible posi- litical challenges. They have watched will bring greater stability to the tion. In order to hear the problems milk sales continue without interrup- prices paid monthly to these farmers. that dairy farmers are facing first tion. They have seen the participation The fill authorizes an Interstate Com- hand, I asked Secretary of Agriculture in the WIC nutrition program rise be- pact Commission to take such steps as Dan Glickman to accompany me to cause of help from the compact. And, necessary to assure consumers of an northeastern Pennsylvania on Feb- most important, they see how the com- adequate local supply of fresh fluid ruary 10, 1997. We met a crowd of ap- pact provides a modest but crucial milk and to assure the continued via- proximately 750 angry farmers who April 27, 1999 CONGRESSIONAL RECORD — SENATE S4283 rightfully complained about the dra- women who have dedicated their lives payers from outside the region. A 1998 matic fluctuations in the price of milk. to their farms. The recent drop in dairy report by the Office of Management Upon our return to Washington, in an prices is an issue that directly affects and Budget showed that, during the attempt to bring greater stability to all of us. We have a duty to ensure that first six-months of the Compact, it did the dairy market, I introduced a Sense our nation’s dairy farmers receive a not adversely impact farmers from out- of the Senate Resolution on February fair price for their milk. If we do noth- side the Compact region and added no 13, 1997 which passed by a vote of 83–15. ing, many small dairy farmers will be federal costs to nutrition programs. In The Resolution stated that the Sec- forced to sell their farms and leave the fact, this legislation specifically retary of Agriculture should consider agriculture industry. This will not only excepts the Women, Infants and Chil- acting immediately to replace the Na- impact the lives of these farmers, but dren (WIC) program from any costs re- tional Cheese Exchange as a factor to will also have a significant negative lated to the Compact. be considered in setting the Basic For- impact on the rural economies that de- I would like to thank the Senators mula Price for Dairy. I successfully at- pend on the dairy industry for support. from Vermont for their leadership on tached an amendment to the 1997 Sup- Further, the large-scale departure of this critical issue. I look forward to plemental Appropriations Act which small dairy farmers from agriculture working with them to see this impor- required the Department of Agri- could place our nation’s steady supply tant resolution passed. culture to replace the National Cheese of fresh fluid milk in jeopardy, thereby Ms. SNOWE. Mr. President, I rise Exchange, which had proven to be an affecting every American. today as a cosponsor of the Senate unreliable source of price information, We must recognize the importance of Joint Resolution not only in support of with a systematic national survey of this problem and take prompt action. I the reauthorization and modifications cheese producers. As a result of this urge my colleagues to cosponsor this for the very successful Northeast Inter- legislation, the Basic Formula Price legislation as we continue to work in state Dairy Compact, but also to grant increased from $12.46 in February of Congress to bring greater stability to the consent of Congress for the forma- 1997 to $13.32 in February of 1998, which our nation’s dairy industry. tion of the Southern Dairy Compact. represented an increase of .86¢ per hun- Ms. COLLINS. Mr. President, I rise This issue is really a state rights issue dredweight over the course of the year. today as a cosponsor of a Joint Resolu- more than anything else, Mr. Presi- Unfortunately, this action alone was tion to reauthorize the Northeast dent. Quite simply, it addresses the not sufficient to bring long-term sta- Interstate Dairy Compact. I am proud needs of states in two different areas of bility to the dairy market. Con- to give my support to this measure and the country, one in the North and one sequently, on April 17, 1997, I intro- do so without hesitation because the in the South, who wish to work to- duced legislation to require the Sec- New England Dairy Compact is a prov- gether within their regions for two dif- retary of Agriculture to use the price en success that is critical to the sur- ferent and totally independent dairy of feed grains and other cash expenses vival of dairy farmers in Maine and compacts—in the Northeast to con- in determining the basic formula price New England. tinue and modify their current Com- for milk. Further, on September 9, 1997, First approved by Congress in the pact, and in the Southeast where 10 I joined with Senator FEINGOLD of Wis- 1996 Farm Bill, the New England Dairy states wish to work closely together— consin in introducing S. Res. 119, which Compact already has a proven track to form a compact for determining fair urged the Secretary of Agriculture to record of quantifiable benefits to both prices for locally produced supplies of set a temporary minimum milk price consumers and farmers. The Compact fresh milk. that was equitable to all milk proce- works by simply evening out the peaks As recently as last September, the dures nationwide and provided price re- and valleys in fluid milk prices, pro- Congress sanctioned another interstate lief to economically stressed milk pro- viding stability to the cost of milk and compact, one that allows states to set ducers. ensuring a supply of fresh, wholesome, regional prices for a commodity. In When we began to see some momen- local milk. passing the Texas Compact for the tum on the national level to reform the Over the past eight months, in par- storage of low-level radioactive waste, current milk pricing system, we were ticular, the Compact has proven its the states of Texas, Maine and stopped by a Federal District Court, worth. As prices climbed and farmers Vermont were given permission to which in December of 1997 ordered the were receiving a sustainable price for jointly manage and dispose of their low USDA to scrap the price differentials milk, the Compact turned off, when level waste—and are free to set any in the current milk pricing formula. prices dropped, the Compact was again price they wish for the disposal of the This change would have had a major triggered. The Compact simply soft- waste. Congress has now approved ten negative impact on the dairy farmers ened and slowed the blow to farmers of such compacts involving 45 states. in Pennsylvania. In reaction to this de- an abrupt and dramatic drop in the All we are doing here is continuing cision, on December 4, 1997, I wrote to volatile fluid milk market. another states rights activity—dairy the federal judge, asking him to stay It is important to reiterate that con- compacting, an idea whose time has his decision striking down the current sumers also benefit from the Compact. now come throughout different regions Class I dairy pricing formula pending Not only does the Compact stabilize of the country. Currently, New Jersey appellate review. Sixty-five Congress- prices, thus avoiding dramatic fluctua- and Maryland have passed Dairy Com- man and twenty other Senators signed tion in the retail cost of milk, it also pact legislation seeking to join the onto my letter and on December 5, 1997, guarantees that the consumer is as- Northeast Compact. In addition. Dela- the Judge granted the requested stay. sured the availability of a supply of ware, New York, Pennsylvania, and After this short victory, we received fresh, local milk. We’ve known for a Ohio have expressed interest in joining. further bad news earlier this year, long time that dairy products are an A state may join the Compact if they when Secretary Glickman released a important part of a healthy diet, but are contiguous to a participating state new rule for setting the Basic Formula recent studies are proving that dairy and Congress approves its entry, and Price for dairy. While better than the products provide a host of new nutri- we are asking for Congressional ap- proposed rule released last year, this tional benefits. Just as we are learning proval to extend this right also to New new pricing formula will compound the of the tremendous health benefits of York, New Jersey, and Maryland. already dire economic position of dairy dairy foods, however, milk consump- The Northeast Dairy Compact cur- farmers by removing an additional $196 tion, especially among young people, is rently encompasses all New England million each year from the dairy indus- dropping. It is a crucial, common- states and builds on the existing Fed- try nationwide. sense, first step to reverse this trend, eral milk marketing order program for Our nation’s farmers are some of the for milk to be available and consist- Class I, or fluid, milk, and only applies hardest working and most dedicated in- ently affordable for young families. to fluid milk sold on grocery store dividuals in America. In the past sev- Finally, the Compact, while pro- shelves. As you may know, a federal eral years, I have visited numerous viding clear benefits to dairy producers milk marketing order is a regulation small dairy farms in Pennsylvania. I and consumers in the Northeast, has that already sets a minimum milk have seen these hard working men and proven it does not harm farmers or tax- price in different areas around the S4284 CONGRESSIONAL RECORD — SENATE April 27, 1999 country, of which the Northeast region review the dairy compact legislation local family farms in every region. I is one, and is voluntarily initiated and before implementation to determine if believe that this is a tiny price to pay approved by a majority of producers in there was ‘‘compelling public interest’’ to keep local farmers in business, and each milk marketing order area, which for the Compact within the Compact keep New York State’s rural identity places requirements on the first buyers region. On August 9, 1996, and only intact. or handlers of milk from dairy farmers. after a public comment period, Sec- f Currently, the Northeast Interstate retary Glickman authorized the imple- Dairy Compact allows the New England mentation of the Northeast Interstate ADDITIONAL COSPONSORS milk marketing order region to add a Dairy Compact, finding that it was in- S. 38 small increment to the Federal order deed in the compelling public interest At the request of Mr. CAMPBELL, the price for that region, which is the floor to do so. names of the Senator from Alabama price, so only the consumers and the In addition, the Agriculture Appro- (Mr. SHELBY) and the Senator from processors in the New England region priations Act for FY1998 directed the Georgia (Mr. COVERDELL) were added as pay to support the minimum price to Office of Management and Budget cosponsors of S. 38, a bill to amend the provide for a fairer return to the area’s (OMB) to study the economic effects of Internal Revenue Code of 1986 to phase family dairy farms and to protect a the Compact and especially its effects out the estate and gift taxes over a 10- way of life important to the people of on the federal food and nutrition pro- year period. grams, such as the Womens, Infants the Northeast. S. 51 Mr. President, the Northeast Inter- and Children program. Key findings of At the request of Mr. BIDEN, the the OMB study released in February of state Dairy Compact has provided the names of the Senator from North Da- very safety net that we had hoped for 1998, showed that, for the first six kota (Mr. DORGAN) and the Senator when the Compact passed as part of the months of the Compact, New England from Illinois (Mr. DURBIN) were added Freedom to Farm Act, the omnibus retail milk prices were five cents per gallon lower than retail milk prices na- as cosponsors of S. 51, a bill to reau- farm bill, of 1996. The Dairy Compact thorize the Federal programs to pre- has helped farmers maintain a stable tionally. Also, the Compact did not add any costs to federal nutrition programs vent violence against women, and for price for fluid milk during times of other purposes. volatile swings in farm milk prices. In like the WIC program and the school S. 98 the spring and summer months of 1997 breakfast and lunch programs. The and 1998, for instance, when milk prices GAO study also stated that the Com- At the request of Mr. MCCAIN, the throughout most U.S. markets dropped pact economically benefitted the dairy names of the Senator from Pennsyl- at least 20 cents a gallon while con- producers, increasing their income vania (Mr. SANTORUM) and the Senator sumer prices remained constant, the from milk sales by about six percent, from Arkansas (Mrs. LINCOLN) were payments to Northeast Interstate Com- with no adverse affects to dairy farm- added as cosponsors of S. 98, a bill to pact dairy farmers remained above the ers outside the Compact region. authorize appropriations for the Sur- federal milk marketing prices for Class Mr. President, the consumers in the face Transportation Board for fiscal I fluid milk because of the Dairy Com- Northeast Compact area, and now years 1999, 2000, 2001, and 2002, and for pact—and, I might add, at no expense other areas around the country, are other purposes. to the federal government. The costs to showing their willingness to pay more S. 296 operate the Dairy Compact are borne for their milk if the additional money At the request of Mr. FRIST, the is going directly to the dairy farmer. entirely by the farmers and processors name of the Senator from Georgia (Mr. Environmental organizations have also of the Compact region. COVERDELL) was added as a cosponsor Also, in considering what has hap- supported dairy compacting as com- of S. 296, a bill to provide for continu- pened to the number of dairy farms pacts help to preserve dwindling agri- ation of the Federal research invest- staying in business since the formation cultural land and open spaces that help ment in a fiscally sustainable way, and of the Dairy Compact, it is now known combat urban sprawl. for other purposes. I ask for the support of my col- that throughout New England, there leagues for the reauthorization of the S. 333 has been a decline in the loss of dairy Northeast Compact and the ratifica- At the request of Mr. LEAHY, the farmers since the Compact started. tion of the Southern Compact. name of the Senator from Colorado This is a clear demonstration that, Mr. SCHUMER. Mr. President, I am (Mr. ALLARD) was added as a cosponsor with the Northeast Interstate Dairy proud to join with 35 of my fellow Sen- of S. 333, a bill to amend the Federal Compact, the dairy producers were pro- ators to introduce legislation to re-au- Agriculture Improvement and Reform vided a safety net—and when there has thorize the Northeast Dairy Compact Act of 1996 to improve the farmland been a rise in the federal milk mar- and extend it to New York State. This protection program. keting prices for Class I fluid milk, the legislation is vital to the Northeast Re- S. 395 Compact has automatically shut itself gion and it will strengthen the econ- At the request of Mr. ROCKEFELLER, off from the pricing process. omy of upstate New York. the name of the Senator from Nevada Mr. President, over ninety seven per- The Compact may add a couple of (Mr. REID) was added as a cosponsor of cent of the fluid milk market in New cents to the consumer price of milk S. 395, a bill to ensure that the volume England is self contained within the during months when the retail price of of steel imports does not exceed the av- area, and fluid milk markets are local milk falls below a federally set min- erage monthly volume of such imports due to the demand for freshness and be- imum price, but it is a small price to during the 36-month period preceding cause of high transportation costs, so pay to preserve the family dairy farm July 1997. any complaints raised in other areas in rural New York. S. 434 about unfair competition are a bit dis- The purpose of the Compact is to sta- ingenuous. In addition, the Compact bilize dairy prices and therefore enable At the request of Mr. BREAUX, the requires the compact commission to small dairy farmers to budget their ex- name of the Senator from New York take such action as necessary to ensure penditures and plan for the future. The (Mr. SCHUMER) was added as a cospon- that a minimum price set by the com- Northeastern Dairy Compact works by sor of S. 434, a bill to amend the Inter- mission for the region does not create ensuring a minimum retail price for nal Revenue Code of 1986 to simplify an incentive for producers to generate milk producers. The price paid to farm- the method of payment of taxes on dis- additional supplies of milk. No other ers for milk has fallen from $2.77 in 1960 tilled spirits. region should feel threatened by our to $1.36 in 1997. These low milk prices S. 459 Northeast Dairy Compact for fluid have forced many small farmers into At the request of Mr. BREAUX, the milk produced and sold mainly at insolvency over the years and have put name of the Senator from Minnesota home. the entire concept of family farms in (Mr. GRAMS) was added as a cosponsor It should be noted that, in the farm peril. of S. 459, a bill to amend the Internal bill conference in 1996, the U.S. Sec- The Northeast Dairy Compact will Revenue Code of 1986 to increase the retary of Agriculture was required to preserve the American tradition of State ceiling on private activity bonds. April 27, 1999 CONGRESSIONAL RECORD — SENATE S4285

S. 472 terfeit fasteners and eliminate unnec- BANES, and Mr. BROWNBACK) submitted At the request of Mr. GRASSLEY, the essary requirements, and for other pur- the following concurrent resolution; name of the Senator from New York poses. which was referred to the Committee (Mr. SCHUMER) was added as a cospon- At the request of Mr. ROBB, his name on Foreign Relations. sor of S. 472, a bill to amend title XVIII was added as a cosponsor of S. 795, S. CON. RES. 30 of the Social Security Act to provide supra. Resolved by the Senate and House of Rep- certain medicare beneficiaries with an S. 823 resentatives of the United States of America in exemption to the financial limitations At the request of Mr. HARKIN, the Congress assembled, That the Congress— imposed on physical, speech-language name of the Senator from Massachu- (1) recognizes and commends the sacrifice, dedication, and commitment of those serving pathology, and occupational therapy setts (Mr. KERRY) was added as a co- sponsor of S. 823, a bill to establish a with, and those who have served with, Amer- services under part B of the medicare ican non-governmental organizations program, and for other purposes. program to assure the safety of proc- (NGO’s) and private volunteer organizations S. 487 essed produce intended for human con- (PVO’s) that provide humanitarian relief to sumption, and for other purposes. At the request of Mr. GRAMS, the millions of the world’s poor and displaced; name of the Senator from Montana S. 836 (2) urges all Americans to join in com- memorating and honoring those serving in, (Mr. BURNS) was added as a cosponsor At the request of Mr. SPECTER, the name of the Senator from Washington and those who have served in, America’s of S. 487, a bill to amend the Internal NGO and PVO community for their sacrifice, (Mrs. MURRAY) was added as a cospon- Revenue Code of 1986 to provide addi- dedication and commitment; and tional retirement savings opportunities sor of S. 836, a bill to amend the Public (3) calls upon the people of the United for small employers, including self-em- Health Service Act, the Employee Re- States to appreciate and reflect upon the ployed individuals. tirement Income Security Act of 1974, commitment and dedication of relief work- and the Internal Revenue Code of 1986 ers, that they often serve in harm’s way with S. 540 to require that group health plans and threats to their own health and safety, and At the request of Mr. JOHNSON, the health insurance issuers provide their organizations who have responded to names of the Senator from Utah (Mr. women with adequate access to pro- recent tragedies in Central America and HATCH) and the Senator from Maine viders of obstetric and gynecological Kosovo with great care, skill and speed, and to take appropriate steps to recognize and (Ms. SNOWE) were added as cosponsors services. of S. 540, a bill to amend the Internal encourage awareness of the contributions S. 873 Revenue Code of 1986 to provide that that these relief workers and their organiza- At the request of Mr. DURBIN, the tions have made in helping ease human suf- housing assistance provided under the name of the Senator from Oregon (Mr. fering. Native American Housing Assistance WYDEN) was added as a cosponsor of S. Mr. SMITH of Oregon. Mr. President, and Self-Determination Act of 1996 be 873, a bill to close the United States I rise today to submit S. Con. Res. 30, treated for purposes of the low-income Army School of the Americas. in order to recognize the sacrifice and housing credit in the same manner as S. 876 dedication of members of America’s comparable assistance. At the request of Mr. HOLLINGS, the non-governmental organizations and S. 704 name of the Senator from Illinois (Mr. private volunteer organizations At the request of Mr. KYL, the name DURBIN) was added as a cosponsor of S. throughout their history and specifi- of the Senator from Illinois (Mr. FITZ- 876, a bill to amend the Communica- cally in answer to their courageous re- GERALD) was added as a cosponsor of S. tions Act of 1934 to require that the sponse to recent disasters in Central 704, a bill to amend title 18, United broadcast of violent video program- America and Kosovo. I am pleased to States Code, to combat the overutiliza- ming be limited to hours when children be joined by Senators WELLSTONE, tion of prison health care services and are not reasonably likely to comprise a THOMAS, SARBANES and BROWNBACK as control rising prisoner health care substantial portion of the audience. original cosponsors. costs. SENATE JOINT RESOLUTION 21 While much time on the Senate floor S. 746 At the request of Ms. SNOWE, the has been devoted to America’s response At the request of Mr. THOMPSON, the names of the Senator from Michigan to the natural disaster wrought by name of the Senator from Georgia (Mr. (Mr. ABRAHAM) and the Senator from Hurricane Mitch in Central America COVERDELL) was added as a cosponsor Nevada (Mr. REID) were added as co- and the human disaster wrought by the of S. 746, a bill to provide for analysis sponsors of Senate Joint Resolution 21, horrifying aggression in the Balkans, of major rules, to promote the public’s a joint resolution to designate Sep- little has been devoted to those organi- right to know the costs and benefits of tember 29, 1999, as ‘‘Veterans of For- zations conducting humanitarian relief major rules, and to increase the ac- eign Wars of the United States Day.’’ efforts in those areas. countability of quality of Government. SENATE CONCURRENT RESOLUTION 22 I am proud to note that several Or- S. 763 At the request of Mr. DODD, the egon humanitarian organizations have been on the front lines in both Central At the request of Mr. THURMOND, the names of the Senator from Hawaii (Mr. name of the Senator from Maine (Ms. AKAKA) and the Senator from Virginia America and the Balkans—particularly in Kosovo. Mercy Corps International SNOWE) was added as a cosponsor of S. (Mr. ROBB) were added as cosponsors of 763, a bill to amend title 10, United Senate Concurrent Resolution 22, a based in Portland, Oregon, is one of the States Code, to increase the minimum concurrent resolution expressing the largest humanitarian agencies helping Survivor Benefit Plan basic annuity for sense of the Congress with respect to Kosovar Albanian refugees and first surviving spouses age 62 and older, and promoting coverage of individuals began work in that area in 1993. Over for other purposes. under long-term care insurance. the past six years, the agency has pro- f vided more than $30 million in relief S. 791 and development aid to 250,000 people At the request of Mr. KERRY, the SENATE CONCURRENT RESOLU- in the area. name of the Senator from Pennsyl- TION 30—RECOGNIZING THE SAC- Whether it be providing food, blan- vania (Mr. SANTORUM) was added as a RIFICE AND DEDICATION OF kets, clothing, hygiene and cooking cosponsor of S. 791, a bill to amend the MEMBERS OF AMERICA’S NON- utensils to the first onslaught of refu- Small Business Act with respect to the GOVERNMENTAL ORGANIZA- gees, or managing refugee camps in women’s business center program. TIONS AND PRIVATE VOLUN- Senekos, Mercy Corps International S. 795 TEER ORGANIZATIONS THROUGH- has made humanitarian aid a priority At the request of Mr. MCCAIN, the OUT THEIR HISTORY AND SPE- in a desperate situation. name of the Senator from Michigan CIFICALLY IN ANSWER TO THEIR In Central America, Mercy Corps’ (Mr. ABRAHAM) was added as a cospon- COURAGEOUS RESPONSE TO RE- Hurricane Mitch relief efforts included sor of S. 795, a bill to amend the Fas- CENT DISASTERS IN CENTRAL evacuating thousands of children and tener Quality Act to strengthen the AMERICA AND KOSOVO families, delivering housing materials protection against the sale of Mr. SMITH of Oregon (for himself, for tents and temporary shelter, and mismarked, misrepresented, and coun- Mr. WELLSTONE, Mr. THOMAS, Mr. SAR- providing more than 200,000 pounds of S4286 CONGRESSIONAL RECORD — SENATE April 27, 1999 food to the hungry and 60 tons of cloth- Whereas the National Railroad Hall of S. RES. 87 ing and blankets to the homeless. I am Fame, Inc. has applied for a charter under Whereas the year 2000 marks the 60th Anni- truly proud of Oregon’s Mercy Corps the State of Illinois; versary of the International Visitors Pro- International. Whereas the objectives of the National gram. Railroad Hall of Fame, Inc. include— Whereas the International Visitors Pro- Mercy Corps is not alone as a human- (1) perpetuating the memory of leaders and itarian presence in Oregon. Portland’s gram is the public diplomacy initiative of innovators in the railroad industry; the United States Department of State that Northwest Medical Team International (2) fostering, promoting, and encouraging a brings distinguished foreign leaders to the has provided disaster response and better understanding of the origins and United States for short-term professional emergency relief to refugees of wars growth of railroads, especially in the United programs under the authority of the Mutual and to victims of hurricanes, floods and States; and Educational and Cultural Exchange Act of famines. Each year, Northwest Medical (3) establishing and maintaining a library 1961. Teams International recruits, equips and collection of documents, reports, and Whereas the purposes of the International other items of value to contribute to the Visitors Program include— and dispatches volunteer surgical, med- education of future railroad students; and ical and redevelopment teams to areas (1) increasing mutual understanding and Whereas the National Railroad Hall of strengthening bilateral relations between of the world in need of this type of hu- Fame, Inc. has resolved to erect a monument the United States and other nations; manitarian aid and assistance. known as the National Railroad Hall of (2) developing the web of human connec- Northwest Medical Teams Inter- Fame to honor men and women who actively tions essential for successful economic and national ships more than $50 million in participated in the founding and develop- commercial relations, security arrange- humanitarian assistance to over 50 ment of the railroad industry in the United ments, and diplomatic agreements with countries each year. Currently, North- States: Now, therefore, be it other nations; and Resolved, That the Senate supports the Na- (3) building cooperation among nations to west Medical Teams International is tional Railroad Hall of Fame, Inc., of Gales- helping to manage the flow of humani- solve global problems and to achieve a more burg, Illinois, in its endeavor to erect a peaceful world; tarian aid and to assist refugees in the monument known as the National Railroad Whereas during 6 decades more than 122,000 Balkans and is collecting donations for Hall of Fame. emerging leaders and specialists from around humanitarian aid in the region through Mr. DURBIN. Mr. President, I rise the world have experienced American demo- its Kosovo Relief Fund. today on behalf of myself and my col- cratic institutions, cultural diversity, and These two Oregon humanitarian or- league, Senator PETER FITZGERALD, to core values firsthand as participants in the ganizations embody what is good in submit a resolution in support of the International Visitors Program; Whereas thousands of participants in the America—the noble effort to reach out establishment of the National Railroad and help a neighbor in need, regardless International Visitors Program rise to influ- Hall of Fame in Galesburg, Illinois. ential leadership positions in their countries of geography, cultural or linguistic dif- The state of Illinois has played a pio- each year; ferences. This outreach from non-gov- neering role in the growth of the rail- Whereas among the International Visitors ernmental organizations deserves far road industry. In 1849, the Peoria and Program alumni are 185 current and former more than this resolution, it deserves Oquawka Railroad was organized. The Chiefs-of-State or Heads of Government, and the sincere acknowledgment and city of Galesburg joined Chicago by more than 600 alumni have served as cabinet thanks from each citizen of this coun- rail six years later in 1854. In addition, level ministers; try. Whereas prominent alumni of the Inter- the Carl Sandburg College of Galesburg national Visitors Program include Margaret f was one of the first colleges to estab- Thatcher, Anwar Sadat, F.W. de Klerk, SENATE RESOLUTION 86—SUP- lish an educational curriculum in rail- Indira Gandhi, and Tony Blair; PORTING THE NATIONAL RAIL- roading. Whereas a new configuration of domestic ROAD HALL OF FAME, INC. OF This privately-funded museum will forces has emerged which is shaping global policy and empowering private citizens to an GALESBURG, ILLINOIS help promote and encourage a better understanding of the origins and unprecedented degree; Mr. DURBAN (for himself, and Mr. growth of the railroad industry. It will Whereas each year more than 80,000 volun- FITZGERALD) submitted the following teers affiliated with 97 community-based also highlight the efforts of men and member organizations and 7 program agency resolution; which was referred to the women whose hard work and resource- Committee on Commerce, Science, and members of the National Council for Inter- fulness helped build one of the nation’s national Visitors across the United States Transportation: best modes of transportation. are actively serving as ‘‘citizen diplomats’’ S. RES. 86 Already, the Illinois General Assem- organizing programs and welcoming Inter- Whereas Galesburg, Illinois, has a profound bly, with the unqualified support of our national Visitors Program participants into link to the history of railroading beginning state’s new governor, George Ryan, has their homes, schools, and workplaces; in 1849 when the Peoria and Oquawka Rail- passed a resolution similar to the one I Whereas all of the funds appropriated for road organized; the International Visitors Program are spent Whereas the citizens of Galesburg sup- am introducing today. This resolution in the United States, and such spending ported a railroad to Chicago which was char- is also supported by major railways, leverages private contributions at a ratio of tered as the Central Military Tract Railroad railroad organizations, and rail em- 1 to 12; in 1851; ployee organizations. Nineteen mem- Whereas the International Visitors Pro- Whereas Galesburg and Chicago were bers of the House of Representatives gram corrects distorted images of the United joined by rail in 1854; as a result of this have cosponsored an identical measure States, effectively countering union, the Northern Cross Railroad joined in the House. Approval by the Senate misperceptions, underscoring common the Central Military Tract Railroad at will be one more step toward estab- human aspirations, advancing United States Galesburg; democratic values, and building a foundation Whereas in 1886 Galesburg secured the lishing this museum. for national and economic security; Atchison, Topeka, and Santa Fe Railway and Mr. President, I urge the Senate to Whereas the International Visitors Pro- became one of the few places in the world to pass this resolution in a timely fashion gram provides valuable educational opportu- possess 2 mega-powers of the railroad indus- so that we can properly honor the rail- nities for United States citizens through spe- try; road industry and its many pioneers. cial ‘‘Back to School With International Vis- Whereas the National Railroad Hall of itor’’ programs and events that increase the Fame, Inc. has been established in Galesburg f knowledge of Americans about foreign soci- and has reserved the name ‘‘National Rail- eties and cultures, and bring attention to road Hall of Fame’’ with the Secretary of the international issues crucial to interests of State of Illinois; SENATE RESOLUTION 87—TO COM- the United States; Whereas the National Railroad Hall of MEMORATE THE 60TH ANNIVER- Whereas the International Visitors Pro- Fame, Inc. is organized and incorporated as SARY OF THE INTERNATIONAL gram offers emerging foreign leaders a a not-for-profit organization under the laws VISITORS PROGRAM unique view of America, highlighting its vi- of Illinois; By Mr. DURBIN (for himself, Mr. brant private sector, including both busi- Whereas the National Railroad Hall of nesses and non-profit organizations, through Fame, Inc. filed a service mark registration BOND, and Mr. MOYNIHAN) submitted farm stays, home hospitality, and meetings with the Commissioner of Patents and the following resolution; which was re- with their professional counterparts; and Trademarks of the United States, covering ferred to the committee on foreign re- Whereas the International Visitors Pro- the name and logo of the organization; lations: gram introduces foreign leaders, specialists, April 27, 1999 CONGRESSIONAL RECORD — SENATE S4287 and scholars to the American tradition of But I want to commend and thank Sec. 15. Appointment of special masters or volunteerism through exposure to the daily those thousands of Americans who magistrates for Y2K actions. work of thousands of ‘‘citizen diplomats’’ have opened their homes, their busi- Sec. 16. Y2K actions as class actions. who share the best of America with those nesses, and their hearts to inter- SEC. 2. FINDINGS AND PURPOSES. foreign leaders, specialists, and scholars: (a) FINDINGS.—The Congress finds that: Now, therefore, be it national visitors with such a tremen- dous impact on furthering inter- (1)(A) Many information technology sys- Resolved, That the Senate— tems, devices, and programs are not capable (1) commemorates the 60th Anniversary of national understanding. I deeply appre- of recognizing certain dates in 1999 and after the International Visitors Program and the ciate it that international visitors do December 31, 1999, and will read dates in the remarkable public-private sector partnership not just come to Washington, but that year 2000 and thereafter as if those dates rep- that sustains it; and the program takes them into our coun- resent the year 1900 or thereafter or will fail (2) commends the achievements of the try’s heartland so they can get a real to process dates after December 31, 1999. thousands of volunteers who are part of the education about our country, outside (B) If not corrected, the problem described National Council for International Visitors in subparagraph (A) and resulting failures ‘‘citizen diplomats’’ who for 6 decades have the Beltway, as they say. That means that volunteers from all over the coun- could incapacitate systems that are essential daily worked to share the best of America to the functioning of markets, commerce, with foreign leaders, specialists, and schol- try are critical for the success of the consumer products, utilities, Government, ars. program. and safety and defense systems, in the Mr. DURBIN. Mr. President, today, I know in my own State of Illinois, United States and throughout the world. Senator BOND and I are joining to- there are six such volunteer groups in (2) It is in the national interest that pro- gether in submitting a resolution com- Chicago, Freeport, Geneseo, Paris, ducers and users of technology products con- memorating the 60th anniversary of Sterling, and Springfield. I have heard centrate their attention and resources in the the International Visitors Program first-hand the deep commitment many time remaining before January 1, 2000, on as- next year. The International Visitors Illinoisans have to this program, be- sessing, fixing, testing, and developing con- Program is the State Department’s tingency plans to address any and all out- cause I know many enthusiastic volun- standing year 2000 computer date-change public diplomacy initiative that brings teers. Because of the commitment of problems, so as to minimize possible disrup- distinguished foreign leaders to the Illinois volunteers, our State is among tions associated with computer failures. United States for short-term profes- the most active in the Nation in (3)(A) Because year 2000 computer date- sional programs under the authority of hosting international visitors, along change problems may affect virtually all the Mutual Educational and Cultural with the much larger States of Cali- businesses and other users of technology Exchange Act of 1961. fornia and Texas. products to some degree, there is a substan- The International Visitor Program But when we commemorate this an- tial likelihood that actual or potential year 2000 failures will prompt a significant vol- has been wonderfully successful in niversary I want to be sure that we’re meeting its public diplomacy mission. ume of litigation, much of it insubstantial. celebrating the contribution and com- (B) The litigation described in subpara- Thousands of rising leaders from other mitment of the thousands of volunteers graph (A) would have a range of undesirable countries in government, business, that make the program meaningful and effects, including the following: labor, academia, and the arts have successful. (i) It would threaten to waste technical come to this country and met with f and financial resources that are better de- their counterparts and with everyday voted to curing year 2000 computer date- Americans from all walks of life. They AMENDMENTS SUBMITTED change problems and ensuring that systems have learned about our democratic val- remain or become operational. ues and institutions, our entrepre- (ii) It could threaten the network of valued Y2K ACT and trusted business and customer relation- neurial skills, and our culture. ships that are important to the effective Future foreign leaders have learned functioning of the national economy. much about this country that has McCAIN (AND OTHERS) (iii) It would strain the Nation’s legal sys- helped them shape their own, or that AMENDMENT NO. 267 tem, causing particular problems for the simply helped them understand this small businesses and individuals who already country’s point of view. I wonder how Mr. McCAIN (for himself, Mr. WYDEN, find that system inaccessible because of its many people in this country know the Mr. GORTON, Mr. ABRAHAM, Mr. LOTT, complexity and expense. story of F.W. de Klerk’s visit to the Mr. FRIST, and Mr. BURNS) proposed an (iv) The delays, expense, uncertainties, loss United States under the International amendment to the bill (S. 96) to regu- of control, adverse publicity, and animos- ities that frequently accompany litigation of Visitor Program, and how influential late commerce between and among the several States by providing for the or- business disputes could exacerbate the dif- that visit was in his realization that ficulties associated with the date change and apartheid in South Africa had to end. derly resolution of disputes arising out of computer-based problems related to work against the successful resolution of Perhaps more well known, at least in those difficulties. my part of the country, were the visits processing data that includes a 2-digit (4) It is appropriate for the Congress to of Polish Solidarity Labor leaders who expression of that year’s date; as fol- enact legislation to assure that Y2K prob- played a pivotal role in transforming lows: lems do not unnecessarily disrupt interstate Poland to the democratic country it is Strike all after the word ‘‘section’’ and in- commerce or create unnecessary caseloads in sert the following: Federal courts and to provide initiatives to today. I am sure there are many more help businesses prepare and be in a position stories—most not so dramatic—but 1. SHORT TITLE; TABLE OF SECTIONS. (a) SHORT TITLE.—This Act may be cited as to withstand the potentially devastating with tangible results all over the the ‘‘Y2K Act’’. economic impact of Y2K. world. We will never know how many (b) TABLE OF SECTIONS.—The table of sec- (5) Resorting to the legal system for reso- problems have been prevented because tions for this Act is as follows:’ lution of Y2K problems is not feasible for rising leaders had a better under- Sec. 1. Short title; table of sections. many businesses and individuals who already standing of democracy, of our policies, Sec. 2. Findings and purposes. find the legal system inaccessible, particu- and our culture. Sec. 3. Definitions. larly small businesses and individuals who Many up-and-coming political lead- Sec. 4. Application of Act. already find the legal system inaccessible, because of its complexity and expense. ers come to visit Members of Congress Sec. 5. Punitive damages limitations. Sec. 6. Proportionate liability. (6) The delays, expense, uncertainties, loss and Senators while they’re here. These Sec. 7. Pre-litigation notice. of control, adverse publicity, and animos- meetings take a few minutes of my Sec. 8. Pleading requirements. ities that frequently accompany litigation of time, and I learn as much from my vis- Sec. 9. Duty to mitigate. business disputes can only exacerbate the itor as I hope he or she does from me. Sec. 10. Application of existing impossibility difficulties associated with Y2K date change, Volunteers always tell me that they, or commercial impracticability and work against the successful resolution of too, have learned much from their visi- doctrines. those difficulties. tors, and we should not underestimate Sec. 11. Damages limitation by contract. (7) Concern about the potential for liabil- Sec. 12. Damages in tort claims. ity—in particular, concern about the sub- the value of this program as a two-way Sec. 13. State of mind; bystander liability; stantial litigation expense associated with street that helps educate the volun- control. defending against even the most insubstan- teers, their children, and other people Sec. 14. Liability of officers, directors, and tial lawsuits—is prompting many persons in their communities. employees. and businesses with technical expertise to S4288 CONGRESSIONAL RECORD — SENATE April 27, 1999 avoid projects aimed at curing year 2000 tangible or intangible, or in the provision of plicable law, the defendant shall not be lia- computer date-change problems. a service, that substantially prevents the ble for punitive damages unless the plaintiff (8) A proliferation of frivolous Y2K law- item or service from operating or func- proves by clear and convincing evidence that suits by opportunistic parties may further tioning as designed or according to its speci- the applicable standard for awarding dam- limit access to courts by straining the re- fications. The term ‘‘material defect’’ does ages has been met. sources of the legal system and depriving de- not include a defect that— (b) CAPS ON PUNITIVE DAMAGES.— serving parties of their legitimate rights to (A) has an insignificant or de minimis ef- (1) IN GENERAL.—Subject to the evidentiary relief. fect on the operation or functioning of an standard established by subsection (a), puni- (9) Congress encourages businesses to ap- item or computer program; tive damages permitted under applicable law proach their Y2K disputes responsibly, and (B) affects only a component of an item or against a defendant in such a Y2K action to avoid unnecessary, time-consuming and program that, as a whole, substantially oper- may not exceed the larger of— costly litigation about Y2K failures, particu- ates or functions as designed; or (A) 3 times the amount awarded for com- larly those that are not material. Congress (C) has an insignificant or de minimis ef- pensatory damages; or supports good faith negotiations between fect on the efficacy of the service provided. (B) $250,000. parties when there is a dispute over a Y2K (5) PERSONAL INJURY.—The term ‘‘personal (2) SPECIAL RULE.—In the case of a problem, and, if necessary, urges the parties injury’’ means physical injury to a natural defendant— to enter into voluntary, non-binding medi- person, including— (A) who— ation rather than litigation. (A) death as a result of a physical injury; (i) is sued in his or her capacity as an indi- (b) PURPOSES.—Based upon the power of and vidual; and the Congress under Article I, Section 8, (B) mental suffering, emotional distress, or (ii) whose net worth does not exceed Clause 3 of the Constitution of the United similar injuries suffered by that person in $500,000; or States, the purposes of this Act are— connection with a physical injury. (B) that is an unincorporated business, a partnership, corporation, association, unit of (1) to establish uniform legal standards (6) STATE.—The term ‘‘State’’ means any that give all businesses and users of tech- State of the United States, the District of local government, or organization with fewer nology products reasonable incentives to Columbia, Commonwealth of Puerto Rico, than 25 full-time employees, solve Y2K computer date-change problems the Northern Mariana Islands, the United paragraph (1) shall be applied by substituting before they develop; States Virgin Islands, Guam, American ‘‘smaller’’ for ‘‘larger’’. (2) to encourage continued Y2K remedi- Samoa, and any other territory or possession (3) NO CAP IF INJURY SPECIFICALLY IN- ation and testing efforts by providers, sup- of the United States, and any political sub- TENDED.—Neither paragraph (1) nor para- pliers, customers, and other contracting division thereof. graph (2) applies if the plaintiff establishes partners; (7) CONTRACT.—The term ‘‘contract’’ means by clear and convincing evidence that the de- (3) to encourage private and public parties a contract, tariff, license, or warranty. fendant acted with specific intent to injure alike to resolve Y2K disputes by alternative (8) ALTERNATIVE DISPUTE RESOLUTION.—The the plaintiff. dispute mechanisms in order to avoid costly term ‘‘alternative dispute resolution’’ means (c) GOVERNMENT ENTITIES.—Punitive dam- and time-consuming litigation, to initiate any process or proceeding, other than adju- ages in a Y2K action may not be awarded those mechanisms as early as possible, and dication by a court or in an administrative against a government entity. to encourage the prompt identification and proceeding, to assist in the resolution of SEC. 6. PROPORTIONATE LIABILITY. correction of Y2K problems; and issues in controversy, through processes (a) IN GENERAL.—Except as provided in (4) to lessen the burdens on interstate com- such as early neutral evaluation, mediation, subsections (b) and (c), a person against merce by discouraging insubstantial lawsuits minitrial, and arbitration. whom a final judgment is entered in a Y2K while preserving the ability of individuals SEC. 4. APPLICATION OF ACT. action shall be liable solely for the portion of and businesses that have suffered real injury (a) GENERAL RULE.—This Act applies to the judgment that corresponds to the rel- to obtain complete relief. any Y2K action brought in a State or Fed- ative and proportional responsibility of that SEC. 3. DEFINITIONS. eral court after February 22, 1999, for a Y2K person. In determining the percentage of re- In this Act: failure occurring before January 1, 2003, in- sponsibility of any defendant, the trier of (1) Y2K ACTION.—The term ‘‘Y2K action’’— cluding any appeal, remand, stay, or other fact shall determine that percentage as a (A) means a civil action commenced in any judicial, administrative, or alternative dis- percentage of the total fault of all persons, Federal or State court, or an agency board of pute resolution proceeding in such an action. including the plaintiff, who caused or con- contract appeal proceeding, in which the (b) NO NEW CAUSE OF ACTION CREATED.— tributed to the total loss incurred by the plaintiff’s alleged harm or injury resulted di- Nothing in this Act creates a new cause of plaintiff. rectly or indirectly from an actual or poten- action, and, except as otherwise explicitly (b) PROPORTIONATE LIABILITY.— (1) DETERMINATION OF RESPONSIBILITY.—In tial Y2K failure, or a claim or defense is re- provided in this Act, nothing in this Act ex- any Y2K action, the court shall instruct the lated directly or indirectly to an actual or pands any liability otherwise imposed or jury to answer special interrogatories, or, if potential Y2K failure; limits any defense otherwise available under (B) includes a civil action commenced in there is no jury, the court shall make find- Federal or State law. any Federal or State court by a govern- ings with respect to each defendant, includ- (c) CLAIMS FOR PERSONAL INJURY OR mental entity when acting in a commercial ing defendants who have entered into settle- WRONGFUL DEATH EXCLUDED.—This Act does or contracting capacity; but not apply to a claim for personal injury or ments with the plaintiff or plaintiffs, (C) does not include an action brought by for wrongful death. concerning— a governmental entity acting in a regu- (A) the percentage of responsibility, if any, (d) CONTRACT PRESERVATION.— latory, supervisory, or enforcement capacity. of each defendant, measured as a percentage (1) IN GENERAL.—Subject to paragraph (2), (2) Y2K FAILURE.—The term ‘‘Y2K failure’’ of the total fault of all persons who caused in any Y2K action any written contractual means failure by any device or system (in- or contributed to the loss incurred by the term, including a limitation or an exclusion cluding any computer system and any plaintiff; and of liability, or a disclaimer of warranty, microchip or integrated circuit embedded in (B) if alleged by the plaintiff, whether the shall be strictly enforced unless the enforce- another device or product), or any software, defendant— ment of that term would manifestly and di- firmware, or other set or collection of proc- (i) acted with specific intent to injure the rectly contravene applicable State law em- essing instructions to process, to calculate, plaintiff; or bodied in any statute in effect on January 1, to compare, to sequence, to display, to store, (ii) knowingly committed fraud. 1999, specifically addressing that term. to transmit, or to receive year-2000 date-re- (2) CONTENTS OF SPECIAL INTERROGATORIES (2) INTERPRETATION OF CONTRACT.—In any lated data, including failures— OR FINDINGS.—The responses to interrog- (A) to deal with or account for transitions Y2K action in which a contract to which atories or findings under paragraph (1) shall or comparisons from, into, and between the paragraph (1) applies is silent as to a par- specify the total amount of damages that the years 1999 and 2000 accurately; ticular issue, the interpretation of the con- plaintiff is entitled to recover and the per- (B) to recognize or accurately to process tract as to that issue shall be determined by centage of responsibility of each defendant any specific date in 1999, 2000, or 2001; or applicable law in effect at the time the con- found to have caused or contributed to the (C) accurately to account for the year tract was executed. loss incurred by the plaintiff. 2000’s status as a leap year, including rec- (e) PREEMPTION OF STATE LAW.—This Act (3) FACTORS FOR CONSIDERATION.—In deter- ognition and processing of the correct date supersedes State law to the extent that it es- mining the percentage of responsibility on February 29, 2000. tablishes a rule of law applicable to a Y2K under this subsection, the trier of fact shall (3) GOVERNMENT ENTITY.—The term ‘‘gov- action that is inconsistent with State law, consider— ernment entity’’ means an agency, instru- but nothing in this Act implicates, alters, or (A) the nature of the conduct of each per- mentality, or other entity of Federal, State, diminishes the ability of a State to defend son found to have caused or contributed to or local government (including multijuris- itself against any claim on the basis of sov- the loss incurred by the plaintiff; and dictional agencies, instrumentalities, and ereign immunity. (B) the nature and extent of the causal re- entities). SEC. 5. PUNITIVE DAMAGES LIMITATIONS. lationship between the conduct of each de- (4) MATERIAL DEFECT.—The term ‘‘material (a) IN GENERAL.—In any Y2K action in fendant and the damages incurred by the defect’’ means a defect in any item, whether which punitive damages are permitted by ap- plaintiff. April 27, 1999 CONGRESSIONAL RECORD — SENATE S4289

(c) JOINT LIABILITY FOR SPECIFIC INTENT OR (C) from any other defendant held propor- (4) the basis upon which the prospective FRAUD.— tionately liable who is liable to make the plaintiff seeks that remedy; and (1) IN GENERAL.—Notwithstanding sub- same payment and has paid less than that (5) the name, title, address, and telephone section (a), the liability of a defendant in a other defendant’s proportionate share of that number of any individual who has authority Y2K action is joint and several if the trier of payment; or to negotiate a resolution of the dispute on fact specifically determines that the (D) from any other person responsible for behalf of the prospective plaintiff. defendant— the conduct giving rise to the payment that (b) PERSON TO WHOM NOTICE TO BE SENT.— (A) acted with specific intent to injure the would have been liable to make the same The notice required by subsection (a) shall plaintiff; or payment. be sent— (B) knowingly committed fraud. (3) NONDISCLOSURE TO JURY.—The standard (1) to the registered agent of the prospec- (2) FRAUD; RECKLESSNESS.— for allocation of damages under subsection tive defendant for service of legal process; (A) KNOWING COMMISSION OF FRAUD DE- (a) and subsection (b)(1), and the procedure (2) if the prospective defendant does not SCRIBED.—For purposes of subsection for reallocation of uncollectible shares under have a registered agent, then to the chief ex- (b)(1)(B)(ii) and paragraph (1)(B) of this sub- paragraph (1) of this subsection, shall not be ecutive officer of a corporation, the man- section, a defendant knowingly committed disclosed to members of the jury. aging partner of a partnership, the propri- fraud if the defendant— (e) SETTLEMENT DISCHARGE.— etor of a sole proprietorship, or to a simi- (i) made an untrue statement of a material (1) IN GENERAL.—A defendant who settles a larly-situated person for any other enter- fact, with actual knowledge that the state- Y2K action at any time before final verdict prise; or ment was false; or judgment shall be discharged from all (3) if the prospective defendant has des- (ii) omitted a fact necessary to make the claims for contribution brought by other ignated a person to receive pre-litigation no- statement not be misleading, with actual persons. Upon entry of the settlement by the tices on a Year 2000 Internet Website (as de- knowledge that, as a result of the omission, court, the court shall enter a bar order con- fined in section 3(7) of the Year 2000 Informa- the statement was false; and stituting the final discharge of all obliga- tion and Readiness Disclosure Act), to the (iii) knew that the plaintiff was reasonably tions to the plaintiff of the settling defend- designated person, if the prospective plain- likely to rely on the false statement. ant arising out of the action. The order shall tiff has reasonable access to the Internet. bar all future claims for contribution arising (B) RECKLESSNESS.—For purposes of sub- (c) RESPONSE TO NOTICE.— out of the action— section (b)(1)(B) and paragraph (1) of this (1) IN GENERAL.—Within 30 days after re- (A) by any person against the settling de- subsection, reckless conduct by the defend- ceipt of the notice specified in subsection (a), fendant; and ant does not constitute either a specific in- each prospective defendant shall send by cer- tent to injure, or the knowing commission of (B) by the settling defendant against any person other than a person whose liability tified mail with return receipt requested to fraud, by the defendant. each prospective plaintiff a written state- (3) RIGHT TO CONTRIBUTION NOT AFFECTED.— has been extinguished by the settlement of the settling defendant. ment acknowledging receipt of the notice, Nothing in this section affects the right, and describing the actions it has taken or under any other law, of a defendant to con- (2) REDUCTION.—If a defendant enters into a settlement with the plaintiff before the final will take to address the problem identified tribution with respect to another defendant by the prospective plaintiff. found under subsection (b)(1)(B), or deter- verdict or judgment, the verdict or judgment shall be reduced by the greater of— (2) WILLINGNESS TO ENGAGE IN ADR.—The mined under paragraph (1)(B) of this sub- written statement shall state whether the section, to have acted with specific intent to (A) an amount that corresponds to the per- centage of responsibility of that defendant; prospective defendant is willing to engage in injure the plaintiff or to have knowingly alternative dispute resolution. committed fraud. or (B) the amount paid to the plaintiff by (3) INADMISSIBILITY.—A written statement (d) SPECIAL RULES.— that defendant. required by this paragraph is not admissible (1) UNCOLLECTIBLE SHARE.— (f) GENERAL RIGHT OF CONTRIBUTION.— in evidence, under Rule 408 of the Federal (A) IN GENERAL.—Notwithstanding sub- (1) IN GENERAL.—A defendant who is jointly Rules of Evidence or any analogous rule of section (a), if, upon motion made not later and severally liable for damages in any Y2K evidence in any State, in any proceeding to than 6 months after a final judgment is en- action may recover contribution from any prove liability for, or the invalidity of, a tered in any Y2K action, the court deter- other person who, if joined in the original ac- claim or its amount, or otherwise as evi- mines that all or part of the share of the tion, would have been liable for the same dence of conduct or statements made in com- judgment against a defendant for compen- damages. A claim for contribution shall be promise negotiations. satory damages is not collectible against determined based on the percentage of re- (4) PRESUMPTIVE TIME OF RECEIPT.—For that defendant, then each other defendant in sponsibility of the claimant and of each per- purposes of paragraph (1), a notice under sub- the action is liable for the uncollectible son against whom a claim for contribution is section (a) is presumed to be received 7 days share as follows: made. after it was sent. (i) PERCENTAGE OF NET WORTH.—The other (2) STATUTE OF LIMITATIONS FOR CONTRIBU- (d) FAILURE TO RESPOND.—If a prospective defendants are jointly and severally liable TION.—An action for contribution in connec- defendant— for the uncollectible share if the plaintiff es- tion with a Y2K action shall be brought not (1) fails to respond to a notice provided tablishes that— later than 6 months after the entry of a (I) the plaintiff is an individual whose re- pursuant to subsection (a) within the 30 days final, nonappealable judgment in the Y2K ac- specified in subsection (c)(1); or coverable damages under the final judgment tion, except than an action for contribution are equal to more than 10 percent of the net (2) does not describe the action, if any, the brought by a defendant who was required to prospective defendant has taken, or will worth of the plaintiff; and make an additional payment under sub- (II) the net worth of the plaintiff is less take, to address the problem identified by section (d)(1) may be brought not later than the prospective plaintiff, than $200,000. 6 months after the date on which such pay- the prospective plaintiff may immediately (ii) OTHER PLAINTIFFS.—For a plaintiff not ment was made. commence a legal action against that pro- described in clause (i), each of the other de- (g) MORE PROTECTIVE STATE LAW NOT PRE- spective defendant. fendants is liable for the uncollectible share EMPTED.—Nothing in this section pre-empts (e) REMEDIATION PERIOD.— in proportion to the percentage of responsi- or supersedes any provision of State statu- (1) IN GENERAL.—If the prospective defend- bility of that defendant, except that the tory law that— total liability of a defendant under this (1) limits the liability of a defendant in a ant responds and proposes remedial action it clause may not exceed 50 percent of the pro- Y2K action to a lesser amount than the will take, or offers to engage in alternative portionate share of that defendant, as deter- amount determined under this section; or dispute resolution, then the prospective mined under subsection (b)(2). (2) otherwise affords a greater degree of plaintiff shall allow the prospective defend- (B) OVERALL LIMIT.—The total payments protection from joint or several liability ant an additional 60 days from the end of the required under subparagraph (A) from all de- than is afforded by this section. 30-day notice period to complete the pro- fendants may not exceed the amount of the SEC. 7. PRE-LITIGATION NOTICE. posed remedial action before commencing a uncollectible share. (a) IN GENERAL.—Before commencing a legal action against that prospective defend- (C) SUBJECT TO CONTRIBUTION.—A defendant Y2K action, except an action that seeks only ant. against whom judgment is not collectible is injunctive relief, a prospective plaintiff with (2) EXTENSION BY AGREEMENT.—The pro- subject to contribution and to any con- a Y2K claim shall send a written notice by spective plaintiff and prospective defendant tinuing liability to the plaintiff on the judg- certified mail to each prospective defendant may change the length of the 60-day remedi- ment. in that action. The notice shall provide spe- ation period by written agreement. (2) SPECIAL RIGHT OF CONTRIBUTION.—To the cific and detailed information about— (3) MULTIPLE EXTENSIONS NOT ALLOWED.— extent that a defendant is required to make (1) the manifestations of any material de- Except as provided in paragraph (2), a de- an additional payment under paragraph (1), fect alleged to have caused harm or loss; fendant in a Y2K action is entitled to no that defendant may recover contribution— (2) the harm or loss allegedly suffered by more than one 30-day period and one 60-day (A) from the defendant originally liable to the prospective plaintiff; remediation period under paragraph (1). make the payment; (3) how the prospective plaintiff would like (4) STATUTES OF LIMITATION, ETC., TOLLED.— (B) from any other defendant that is joint- the prospective defendant to remedy the Any applicable statute of limitations or doc- ly and severally liable; problem; trine of laches in a Y2K action to which S4290 CONGRESSIONAL RECORD — SENATE April 27, 1999 paragraph (1) applies shall be tolled during tiff could reasonably have avoided in light of diation of contract, and in which the defend- the notice and remediation period under that any disclosure or other information of which ant’s actual or constructive awareness of an paragraph. the plaintiff was, or reasonably should have actual or potential Y2K failure is an element (f) FAILURE TO PROVIDE NOTICE.—If a de- been, aware, including information made of the claim, the defendant is not liable un- fendant determines that a plaintiff has filed available by the defendant to purchasers or less the plaintiff establishes that elements of a Y2K action without providing the notice users of the defendant’s product or services the claim by clear and convincing evidence. specified in subsection (a) or without await- concerning means of remedying or avoiding (b) LIMITATION ON BYSTANDER LIABILITY ing the expiration of the appropriate waiting the Y2K failure. FOR Y2K FAILURES.— period specified in subsection (c), the defend- SEC. 10. APPLICATION OF EXISTING IMPOS- (1) IN GENERAL.—With respect to any Y2K ant may treat the plaintiff’s complaint as SIBILITY OR COMMERCIAL IMPRAC- action for money damages in which— such a notice by so informing the court and TICABILITY DOCTRINES. (A) the defendant is not the manufacturer, the plaintiff. If any defendant elects to treat In any Y2K action for breach or repudi- seller, or distributor of a product, or the pro- the complaint as such a notice— ation of contract, the applicability of the vider of a service, that suffers or causes the (1) the court shall stay all discovery and doctrines of impossibility and commercial Y2K failure at issue; all other proceedings in the action for the impracticability shall be determined by the (B) the plaintiff is not in substantial priv- appropriate period after filing of the com- law in existence on January 1, 1999. Nothing ity with the defendant; and in this Act shall be construed as limiting or plaint; and (C) the defendant’s actual or constructive impairing a party’s right to assert defenses (2) the time for filing answers and all other awareness of an actual or potential Y2K fail- based upon such doctrines. pleadings shall be tolled during the appro- ure is an element of the claim under applica- priate period. SEC. 11. DAMAGES LIMITATION BY CONTRACT. ble law, (g) EFFECT OF CONTRACTUAL OR STATUTORY In any Y2K action for breach or repudi- the defendant shall not be liable unless the WAITING PERIODS.—In cases in which a con- ation of contract, no party may claim, nor plaintiff, in addition to establishing all other tract, or a statute enacted before January 1, be awarded, any category of damages unless requisite elements of the claim, proves by 1999, requires notice of non-performance and such damages are allowed— clear and convincing evidence that the de- provides for a period of delay prior to the ini- (1) by the express terms of the contract; or fendant actually knew, or recklessly dis- tiation of suit for breach or repudiation of (2) if the contract is silent on such dam- regarded a known and substantial risk, that contract, the period of delay provided by ages, by operation of State law at the time the contract was effective or by operation of such failure would occur. contract or the statute is controlling over Federal law. (2) SUBSTANTIAL PRIVITY.—For purposes of the waiting period specified in subsections paragraph (1)(B), a plaintiff and a defendant (c) and (d). SEC. 12. DAMAGES IN TORT CLAIMS. are in substantial privity when, in a Y2K ac- (h) STATE LAW CONTROLS ALTERNATIVE (a) IN GENERAL.—A party to a Y2K action tion arising out of the performance of profes- METHODS.—Nothing in this section super- making a tort claim may not recover dam- sedes or otherwise preempts any State law or ages for economic loss unless— sional services, the plaintiff and the defend- (1) the recovery of such losses is provided rule of civil procedure with respect to the ant either have contractual relations with for in a contract to which the party seeking use of alternative dispute resolution for Y2K one another or the plaintiff is a person who, to recover such losses is a party; or prior to the defendant’s performance of such actions. (2) such losses result directly from damage (i) PROVISIONAL REMEDIES UNAFFECTED.— services, was specifically identified to and to tangible personal or real property caused acknowledged by the defendant as a person Nothing in this section interferes with the by the Y2K failure (other than damage to right of a litigant to provisional remedies for whose special benefit the services were property that is the subject of the contract being performed. otherwise available under Rule 65 of the Fed- between the parties to the Y2K action or, in eral Rules of Civil Procedure or any State (3) CERTAIN CLAIMS EXCLUDED.—For pur- the event there is no contract between the poses of paragraph (1)(C), claims in which the rule of civil procedure providing extraor- parties, other than damage caused only to dinary or provisional remedies in any civil defendant’s actual or constructive awareness the property that experienced the Y2K fail- of an actual or potential Y2K failure is an action in which the underlying complaint ure), element of the claim under applicable law do seeks both injunctive and monetary relief. and such damages are permitted under appli- (j) SPECIAL RULE FOR CLASS ACTIONS.—For not include claims for negligence but do in- cable State law. the purpose of applying this section to a Y2K clude claims such as fraud, constructive (b) ECONOMIC LOSS.—For purposes of this fraud, breach of fiduciary duty, negligent action that is maintained as a class action in section only, and except as otherwise specifi- misrepresentation, and interference with Federal or State court, the requirements of cally provided in a valid and enforceable contract or economic advantage. the preceding subsections of this section written contract between the plaintiff and (c) CONTROL NOT DETERMINATIVE OF LIABIL- apply only to named plaintiffs in the class the defendant in a Y2K action, the term ITY.—The fact that a Y2K failure occurred in action. ‘‘economic loss’’— SEC. 8. PLEADING REQUIREMENTS. (1) means amounts awarded to compensate an entity, facility, system, product, or com- (a) APPLICATION WITH RULES OF CIVIL PRO- an injured party for any loss other than ponent that was sold, leased, rented, or oth- CEDURE.—This section applies exclusively to losses described in subsection (a)(2); and erwise within the control of the party Y2K actions and, except to the extent that (2) includes amounts awarded for damages against whom a claim is asserted in a Y2K this section requires additional information such as— action shall not constitute the sole basis for to be contained in or attached to pleadings, (A) lost profits or sales; recovery of damages in that action. A claim nothing in this section is intended to amend (B) business interruption; in a Y2K action for breach or repudiation of or otherwise supersede applicable rules of (C) losses indirectly suffered as a result of contract for such a failure is governed by the Federal or State civil procedure. the defendant’s wrongful act or omission; terms of the contract. (D) losses that arise because of the claims (b) NATURE AND AMOUNT OF DAMAGES.—In SEC. 14. LIABILITY OF OFFICERS, DIRECTORS, all Y2K actions in which damages are re- of third parties; AND EMPLOYEES. (E) losses that must be plead as special quested, there shall be filed with the com- (a) IN GENERAL.—A director, officer, trust- damages; and ee, or employee of a business or other organi- plaint a statement of specific information as (F) consequential damages (as defined in zation (including a corporation, unincor- to the nature and amount of each element of the Uniform Commercial Code or analogous porated association, partnership, or non- damages and the factual basis for the dam- State commercial law). profit organization) is not personally liable ages calculation. (c) CERTAIN ACTIONS EXCLUDED.—This sec- (c) MATERIAL DEFECTS.—In any Y2K action tion does not affect, abrogate, amend, or in any Y2K action in that person’s capacity in which the plaintiff alleges that there is a alter any patent, copyright, trade-secret, as a director, officer, trustee, or employee of material defect in a product or service, there trademark, or service-mark action, or any the business or organization for more than shall be filed with the complaint a statement claim for defamation or invasion of privacy the greater of— of specific information regarding the mani- under Federal or State law. (1) $100,000; or festations of the material defects and the (d) CERTAIN OTHER ACTIONS.—A person lia- (2) the amount of pre-tax compensation re- facts supporting a conclusion that the de- ble for damages, whether by settlement or ceived by the director, officer, trustee, or fects are material. judgment, in a civil action to which this Act employee from the business or organization (d) REQUIRED STATE OF MIND.—In any Y2K does not apply because of section 4(c), whose during the 12 months immediately preceding action in which a claim is asserted on which liability, in whole or in part, is the result of the act or omission for which liability is im- the plaintiff may prevail only on proof that a Y2K failure may, notwithstanding any posed. the defendant acted with a particular state other provision of this Act, pursue any rem- (b) EXCEPTION.—Subsection (a) does not of mind, there shall be filed with the com- edy otherwise available under Federal or apply in any Y2K action in which it is found plaint, with respect to each element of that State law against the person responsible for by clear and convincing evidence that the di- claim, a statement of the facts giving rise to that Y2K failure to the extent of recovering rector, officer, trustee, or employee— a strong inference that the defendant acted the amount of those damages. (1) made statements intended to be mis- with the required state of mind. SEC. 13. STATE OF MIND; BYSTANDER LIABILITY; leading regarding any actual or potential SEC. 9. DUTY TO MITIGATE. CONTROL. year 2000 problem; or Damages awarded in any Y2K action shall (a) DEFENDANT’S STATE OF MIND.—In a Y2K (2) withheld from the public significant in- exclude compensation for damages the plain- action other than a claim for breach of repu- formation there was a legal duty to disclose April 27, 1999 CONGRESSIONAL RECORD — SENATE S4291 regarding any actual or potential year 2000 1. SHORT TITLE; TABLE OF SECTIONS. help businesses prepare and be in a position problem of that business or organization (a) SHORT TITLE.—This Act may be cited as to withstand the potentially devastating which would likely result in actionable Y2K the ‘‘Y2K Act’’. economic impact of Y2K. failure. (b) TABLE OF SECTIONS.—The table of sec- (5) Resorting to the legal system for reso- (c) STATE LAW, CHARTER, OR BYLAWS.— tions for this Act is as follows:’ lution of Y2K problems is not feasible for Nothing in this section supersedes any provi- Sec. 1. Short title; table of sections. many businesses and individuals who already sion of State law, charter, or a bylaw author- Sec. 2. Findings and purposes. find the legal system inaccessible, particu- ized by State law in existence on January 1, Sec. 3. Definitions. larly small businesses and individuals who 1999, that establishes lower financial limits Sec. 4. Application of Act. already find the legal system inaccessible, on the liability of a director, officer, trustee, Sec. 5. Punitive damages limitations. because of its complexity and expense. or employee of such a business or organiza- Sec. 6. Proportionate liability. (6) The delays, expense, uncertainties, loss tion. Sec. 7. Pre-litigation notice. of control, adverse publicity, and animos- SEC. 15. APPOINTMENT OF SPECIAL MASTERS OR Sec. 8. Pleading requirements. ities that frequently accompany litigation of MAGISTRATES FOR Y2K ACTIONS. Sec. 9. Duty to mitigate. business disputes can only exacerbate the Any District Court of the United States in Sec. 10. Application of existing impossibility difficulties associated with Y2K date change, which a Y2K action is pending may appoint or commercial impracticability and work against the successful resolution of a special master or a magistrate to hear the doctrines. those difficulties. matter and to make findings of fact and con- Sec. 11. Damages limitation by contract. (7) Concern about the potential for liabil- clusions of law in accordance with Rule 53 of Sec. 12. Damages in tort claims. ity—in particular, concern about the sub- the Federal Rules of Civil Procedure. Sec. 13. State of mind; bystander liability; stantial litigation expense associated with SEC. 16. Y2K ACTIONS AS CLASS ACTIONS. control. defending against even the most insubstan- (a) MATERIAL DEFECT REQUIREMENT.—A Sec. 14. Liability of officers, directors, and tial lawsuits—is prompting many persons Y2K action involving a claim that a product employees. and businesses with technical expertise to or service is defective may be maintained as Sec. 15. Appointment of special masters or avoid projects aimed at curing year 2000 a class action in Federal or State court as to magistrates for Y2K actions. computer date-change problems. that claim only if— Sec. 16. Y2K actions as class actions. (8) A proliferation of frivolous Y2K law- (1) it satisfies all other prerequisites estab- SEC. 2. FINDINGS AND PURPOSES. suits by opportunistic parties may further lished by applicable Federal or State law, in- (a) FINDINGS.—The Congress finds that: limit access to courts by straining the re- cluding applicable rules of civil procedure; (1)(A) Many information technology sys- sources of the legal system and depriving de- and tems, devices, and programs are not capable serving parties of their legitimate rights to (2) the court finds that the defect in a of recognizing certain dates in 1999 and after relief. product or service as alleged would be a ma- December 31, 1999, and will read dates in the (9) Congress encourages businesses to ap- terial defect for the majority of the members year 2000 and thereafter as if those dates rep- proach their Y2K disputes responsibly, and of the class. resent the year 1900 or thereafter or will fail to avoid unnecessary, time-consuming and (b) NOTIFICATION.—In any Y2K action that to process dates after December 31, 1999. costly litigation about Y2K failures, particu- is maintained as a class action, the court, in (B) If not corrected, the problem described larly those that are not material. Congress addition to any other notice required by ap- in subparagraph (A) and resulting failures supports good faith negotiations between plicable Federal or State law, shall direct could incapacitate systems that are essential parties when there is a dispute over a Y2K notice of the action to each member of the to the functioning of markets, commerce, problem, and, if necessary, urges the parties class, which shall include— consumer products, utilities, Government, to enter into voluntary, non-binding medi- (1) a concise and clear description of the ation rather than litigation. nature of the action; and safety and defense systems, in the (b) PURPOSES.—Based upon the power of (2) the jurisdiction where the case is pend- United States and throughout the world. the Congress under Article I, Section 8, ing; and (2) It is in the national interest that pro- Clause 3 of the Constitution of the United (3) the fee arrangements with class coun- ducers and users of technology products con- States, the purpose of this Act are— sel, including the hourly fee being charged, centrate their attention and resources in the (1) to establish uniform legal standards or, if it is a contingency fee, the percentage time remaining before January 1, 2000, on as- that give all businesses and users of tech- of the final award which will be paid, includ- sessing, fixing, testing, and developing con- nology products reasonable incentives to ing an estimate of the total amount that tingency plans to address any and all out- solve Y2K computer date-change problems would be paid if the requested damages were standing year 2000 computer date-change before they develop; to be granted. problems, so as to minimize possible disrup- (2) to encourage continued Y2K remedi- (c) FORUM FOR Y2K CLASS ACTIONS.— tions associated with computer failures. (1) JURISDICTION.—Except as provided in (3)(A) Because year 2000 computer date- ation and testing efforts by providers, sup- paragraph (2), a Y2K action may be brought change problems may affect virtually all pliers, customers, and other contracting as a class action in a United States District businesses and other users of technology partners; Court or removed to a United States District products to some degree, there is a substan- (3) to encourage private and public parties Court if the amount in controversy is great- tial likelihood that actual or potential year alike to resolve Y2K disputes by alternative er than the sum or value of $1,000,000 (exclu- 2000 failures will prompt a significant vol- dispute mechanisms in order to avoid costly sive of interest and costs), computed on the ume of litigation, much of it insubstantial. and time-consuming litigation, to initiate basis of all claims to be determined in the (B) The litigation described in subpara- those mechanisms as early as possible, and action. graph (A) would have a range of undesirable to encourage the prompt identification and (2) EXCEPTION.—A Y2K action may not be effects, including the following: correction of Y2K problems; and brought or removed as a class action under (i) It would threaten to waste technical (4) to lessen the burdens on interstate com- this section if— and financial resources that are better de- merce by discouraging insubstantial lawsuits (A)(i) a substantial majority of the mem- voted to curing year 2000 computer date- while preserving the ability of individuals bers of the proposed plaintiff class are citi- change problems and ensuring that systems and businesses that have suffered real injury zens of a single State; remain or become operational. to obtain complete relief. (ii) the primary defendants are citizens of (ii) It could threaten the network of valued SEC. 3. DEFINITIONS. that State; and and trusted business and customer relation- In this Act: (iii) the claims asserted will be governed ships that are important to the effective (1) Y2K ACTION.—The term ‘‘Y2K action’’— primarily by the law of that State, or functioning of the national economy. (A) means a civil action commenced in any (B) the primary defendants are States, (iii) It would strain the Nation’s legal sys- Federal or State court, or an agency board of State officials, or other governmental enti- tem, causing particular problems for the contract appeal proceeding, in which the ties against whom the United States District small businesses and individuals who already plaintiff’s alleged harm or injury resulted di- Court may be foreclosed from ordering relief. find that system inaccessible because of its rectly or indirectly from an actual or poten- (d) EFFECT ON RULES OF CIVIL PROCE- complexity and expense. tial Y2K failure, or a claim or defense is re- DURES.—Except as otherwise provided in this (iv) The delays, expense, uncertainties, loss lated directly or indirectly to an actual or section, nothing in this section supersedes of control, adverse publicity, and animos- potential Y2K failure; any rule of Federal or State civil procedure ities that frequently accompany litigation of (B) includes a civil action commenced in applicable to class actions. business disputes could exacerbate the dif- any Federal or State court by a govern- ficulties associated with the date change and mental entity when acting in a commercial LOTT AMENDMENT NO. 268 work against the successful resolution of or contracting capacity; but those difficulties. (C) does not include an action brought by Mr. LOTT proposed an amendment to (4) It is appropriate for the Congress to a governmental entity acting in a regu- amendment No. 267 proposed by him to enact legislation to assure that Y2K prob- latory, supervisory, or enforcement capacity. the bill, S. 96, supra; as follows: lems do not unnecessarily disrupt interstate (2) Y2K FAILURE.—The term ‘‘Y2K failure’’ Strike all after the word ‘‘section’’ and in- commerce or create unnecessary caseloads in means failure by any device or system (in- sert the following: Federal courts and to provide initiatives to cluding any computer system and any S4292 CONGRESSIONAL RECORD — SENATE April 27, 1999 microchip or integrated circuit embedded in of liability, or a disclaimer of warranty, (B) if alleged by the plaintiff, whether the another device or product), or any software, shall be strictly enforced unless the enforce- defendant— firmware, or other set or collection of proc- ment of that term would manifestly and di- (i) acted with specific intent to injure the essing instructions to process, to calculate, rectly contravene applicable State law em- plaintiff; or to compare, to sequence, to display, to store, bodied in any statute in effect on January 1, (ii) knowingly committed fraud. to transmit, or to receive year-2000 date-re- 1999, specifically addressing that term. (2) CONTENTS OF SPECIAL INTERROGATORIES lated data, including failures— (2) INTERPRETATION OF CONTRACT.—In any OR FINDINGS.—The responses to interrog- (A) to deal with or account for transitions Y2K action in which a contract to which atories or findings under paragraph (1) shall or comparisons from, into, and between the paragraph (1) applies is silent as to a par- specify the total amount of damages that the years 1999 and 2000 accurately; ticular issue, the interpretation of the con- plaintiff is entitled to recover and the per- (B) to recognize or accurately to process tract as to that issue shall be determined by centage of responsibility of each defendant any specific date in 1999, 2000, or 2001; or applicable law in effect at the time the con- found to have caused or contributed to the (C) accurately to account for the year tract was executed. loss incurred by the plaintiff. 2000’s status as a leap year, including rec- (e) PREEMPTION OF STATE LAW.—This Act (3) FACTORS FOR CONSIDERATION.—In deter- ognition and processing of the correct date supersedes State law to the extent that it es- mining the percentage of responsibility on February 29, 2000. tablishes a rule of law applicable to a Y2K under this subsection, the trier of fact shall (3) GOVERNMENT ENTITY.—The term ‘‘gov- action that is inconsistent with State law, consider— ernment entity’’ means an agency, instru- but nothing in this Act implicates, alters, or (A) the nature of the conduct of each per- mentality, or other entity of Federal, State, diminishes the ability of a State to defend son found to have caused or contributed to or local government (including multijuris- itself against any claim on the basis of sov- the loss incurred by the plaintiff; and (B) the nature and extent of the causal re- dictional agencies, instrumentalities, and ereign immunity. lationship between the conduct of each de- entities). SEC. 5. PUNITIVE DAMAGES LIMITATIONS. fendant and the damages incurred by the (4) MATERIAL DEFECT.—The term ‘‘material (a) IN GENERAL.—In any Y2K action in plaintiff. defect’’ means a defect in any item, whether which punitive damages are permitted by ap- (c) JOINT LIABILITY FOR SPECIFIC INTENT OR tangible or intangible, or in the provision of plicable law, the defendant shall not be lia- FRAUD.— a service, that substantially prevents the ble for punitive damages unless the plaintiff (1) IN GENERAL.—Notwithstanding sub- proves by clear and convincing evidence that item or service from operating or func- section (a), the liability of a defendant in a the applicable standard for awarding dam- tioning as designed or according to its speci- Y2K action is joint and several if the trier of ages has been met. fications. The term ‘‘material defect’’ does fact specifically determines that the (b) CAPS ON PUNITIVE DAMAGES.— not include a defect that— defendant— (1) IN GENERAL.—Subject to the evidentiary (A) has an insignificant or de minimis ef- (A) acted with specific intent to injure the standard established by subsection (a), puni- fect on the operation or functioning of an plaintiff; or tive damages permitted under applicable law item or computer program; (B) knowingly committed fraud. against a defendant in such a Y2K action (B) affects only a component of an item or (2) FRAUD; RECKLESSNESS.— program that, as a whole, substantially oper- may not exceed the larger of— (A) KNOWING COMMISSION OF FRAUD DE- (A) 3 times the amount awarded for com- ates or functions as designed; or SCRIBED.—For purposes of subsection (C) has an insignificant or de minimis ef- pensatory damages; or (b)(1)(B)(ii) and paragraph (1)(B) of this sub- (B) $250,000. fect on the efficacy of the service provided. section, a defendent knowingly committed (2) SPECIAL RULE.—In the case of a (5) PERSONAL INJURY.—The term ‘‘personal fraud if the defendant— defendant— injury’’ means physical injury to a natural (i) made an untrue statement of a material (A) who— person, including— (i) is sued in his or her capacity as an indi- fact, with actual knowledge that the state- (A) death as a result of a physical injury; vidual; and ment was false; and (ii) whose net worth does not exceed (ii) omitted a fact necessary to make the (B) mental suffering, emotional distress, or $500,000; or statement not be misleading, with actual similar injuries suffered by that person in (B) that is an unincorporated business, a knowledge that, as a result of the omission, connection with a physical injury. partnership, corporation, association, unit of the statement was false; and (6) STATE.—The term ‘‘State’’ means any local government, or organization with fewer (iii) knew that the plaintiff was reasonably State of the United States, the District of than 25 full-time employees, likely to rely on the false statement. Columbia, Commonwealth of Puerto Rico, (B) RECKLESSNESS.—For purposes of sub- paragraph (1) shall be applied by substituting the Northern Mariana Islands, the United section (b)(1)(B) and paragraph (1) of this ‘‘smaller’’ for ‘‘larger’’. States Virgin Islands, Guam, American subsection, reckless conduct by the defend- (3) NO CAP IF INJURY SPECIFICALLY IN- Samoa, and any other territory or possession ant does not constitute either a specific in- TENDED.—Neither paragraph (1) nor para- tent to injure, or the knowing commission of of the United States, and any political sub- graph (2) applies if the plaintiff establishes division thereof. fraud, by the defendent. by clear and convincing evidence that the de- (3) RIGHT TO CONTRIBUTION NOT AFFECTED.— (7) CONTRACT.—The term ‘‘contract’’ means fendant acted with specific intent to injure a contract, tariff, license, or warranty. Nothing in this section affects the right, the plaintiff. under any other law, of a defendant to con- (8) ALTERNATIVE DISPUTE RESOLUTION.—The (c) GOVERNMENT ENTITIES.—Punitive dam- term ‘‘alternative dispute resolution’’ means tribution with respect to another defendant ages in a Y2K action may not be awarded found under subsection (b)(1)(B), or deter- any process or proceeding, other than adju- against a government entity. dication by a court or in an administrative mined under paragraph (1)(B) of this sub- SEC. 6. PROPORTIONATE LIABILITY. proceeding, to assist in the resolution of section, to have acted with specific intent to (a) IN GENERAL.—Except as provided in issues in controversy, through processes injure the plaintiff or to have knowingly subsections (b) and (c), a person against committed fraud. such as early neutral evaluation, mediation, whom a final judgment is entered in a Y2K minitrial, and arbitration. (d) SPECIAL RULES.— action shall be liable solely for the portion of (1) UNCOLLECTIBLE SHARE.— SEC. 4. APPLICATION OF ACT. the judgment that corresponds to the rel- (A) IN GENERAL.—Notwithstanding sub- (a) GENERAL RULE.—This Act applies to ative and proportional responsibility of that section (a), if, upon motion not later than 6 any Y2K action brought in a State or Fed- person. In determining the percentage of re- months after a final judgment is entered in eral court after February 22, 1999, for a Y2K sponsibility of any defendant, the trier of any Y2K action, the court determines that failure occurring before January 1, 2003, in- fact shall determine that percentage as a all or part of the share of the judgment cluding any appeal, remand, stay, or other percentage of the total fault of all persons, against a defendant for compensatory dam- judicial, administrative, or alternative dis- including the plaintiff, who caused or con- ages is not collectible against that defend- pute resolution proceeding in such an action. tributed to the total loss incurred by the ant, then each other defendant in the action (b) NO NEW CAUSE OF ACTION CREATED.— plaintiff. is liable for the uncollectible share as fol- Nothing in this Act creates a new cause of (b) PROPORTIONATE LIABILITY.— lows: action, and, except as otherwise explicitly (1) DETERMINATION OF RESPONSIBILITY.—In (i) PERCENTAGE OF NET WORTH.—The other provided in this Act, nothing in this Act ex- any Y2K action, the court shall instruct the defendants are jointly and severally liable pands any liability otherwise imposed or jury to answer special interrogatories, or, if for the uncollectible share if the plaintiff es- limits any defense otherwise available under there is no jury, the court shall make find- tablishes that— Federal or State law. ings with respect to each defendant, includ- (I) the plaintiff is an individual whose re- (c) CLAIMS FOR PERSONAL INJURY OR ing defendants who have entered into settle- coverable damages under the final judgment WRONGFUL DEATH EXCLUDED.—This Act does ments with the plaintiff or plaintiffs, are equal to more than 10 percent of the net not apply to a claim for personal injury or concerning— worth of the plaintiff; and for wrongful death. (A) the percentage of responsibility, if any, (II) the net worth of the plaintiff is less (d) CONTRACT PRESERVATION.— of each defendant, measured as a percentage than $200,000. (1) IN GENERAL.—Subject to paragraph (2), of the total fault of all persons who caused (ii) OTHER PLAINTIFFS.—For a plaintiff not in any Y2K action any written contractual or contributed to the loss incurred by the described in clause (i), each of the other de- term, including a limitation or an exclusion plaintiff; and fendants is liable for the uncollectible share April 27, 1999 CONGRESSIONAL RECORD — SENATE S4293

in proportion to the percentage of responsi- or supersedes any provision of State statu- (e) REMEDIATION PERIOD.— bility of that defendant, except that the tory law that— (1) IN GENERAL.—If the prospective defend- total liability of a defendant under this (1) limits the liability of a defendant in a ant responds and proposes remedial action it clause may not exceed 50 percent of the pro- Y2K action to a lesser amount than the will take, of offers to engage in alternative portionate share of that defendant, as deter- amount determined under this section; or dispute resolution, then the prospective mined under subsection (b)(2). (2) otherwise affords a greater degree of plaintiff shall allow the prospective defend- (B) OVERALL LIMIT.—The total payments protection from joint or several liability ant an additional 60 days from the end of the required under subparagraph (A) from all de- than is afforded by this section. 30-day notice period to complete the pro- fendants may not exceed the amount of the SEC. 7. PRE-LITIGATION NOTICE. posed remedial action before commencing a uncollectible share. (a) IN GENERAL.—Before commencing a legal action against that prospective defend- (C) SUBJECT TO CONTRIBUTION.—A defendant Y2K action, except an action that seeks only ant. against whom judgment is not collectible is injunctive relief, a prospective plaintiff with (2) EXTENSION BY AGREEMENT.—The pro- subject to contribution and to any con- a Y2K claim shall send a written notice by spective plaintiff and prospective defendant tinuing liability to the plaintiff on the judg- certified mail to each prospective defendant may change the length of the 60-day remedi- ment. in that action. The notice shall provide spe- ation period by written agreement. (2) SPECIAL RIGHT OF CONTRIBUTION.—To the cific and detailed information about— (3) MULTIPLE EXTENSIONS NOT ALLOWED.— extent that a defendant is required to make (1) the manifestations of any material de- Except as provided in paragraph (2), a de- an additional payment under paragraph (1), fect alleged to have caused harm or loss; fendant in a Y2K action is entitled to no that defendant may recover contribution— more than one 30-day period and one 60-day (A) from the defendant originally liable to (2) the harm or loss allegedly suffered by the prospective plaintiff; remediation period under paragraph (1). make the payment; (4) STATUTES OF LIMITATION, ETC., TOLLED.— (3) how the prospective plaintiff would like (B) from any other defendant that is joint- Any applicable statute of limitations or doc- the prospective defendant to remedy the ly and severally liable; trine of laches in a Y2K action to which problem; (C) from any other defendant held propor- paragraph (1) applies shall be tolled during (4) the basis upon which the prospective tionately liable who is liable to make the the notice and remediation period under that plaintiff seeks that remedy; and same payment and has paid less than that paragraph. (5) the name, title, address, and telephone other defendant’s proportionate share of that (f) FAILURE TO PROVIDE NOTICE.—If a de- number of any individual who has authority payment; or fendant determines that a plaintiff has filed to negotiate a resolution of the dispute on (D) from any other person responsible for a Y2K action without providing the notice behalf of the prospective plaintiff. the conduct giving rise to the payment that specified in subsection (a) or without await- (b) PERSON TO WHOM NOTICE TO BE SENT.— would have been liable to make the same ing the expiration of the appropriate waiting The notice required by subsection (a) shall payment. period specified in subsection (c), the defend- be sent— (3) NONDISCLOSURE TO JURY.—The standard ant may treat the plaintiff’s complaint as (1) to the registered agent of the prospec- for allocation of damages under subsection such a notice by so informing the court and tive defendant for service of legal process; (a) and subsection (b)(1), and the procedure the plaintiff. If any defendant elects to treat (2) if the prospective defendant does not for reallocation of uncollectible shares under the complaint as such a notice— have a registered agent, then to the chief ex- paragraph (1) of this subsection, shall not be (1) the court shall stay all discovery and ecutive officer of a corporation, the man- disclosed to members of the jury. all other proceedings in the action for the ETTLEMENT ISCHARGE aging partner of a partnership, the propri- (e) S D .— appropriate period after filing of the com- (1) IN GENERAL.—A defendant who settles a etor of a sole proprietorship, or to a simi- plaint; and Y2K action at any time before final verdict larly-situated person for any other enter- (2) the time for filing answers and all other or judgment shall be discharged from all prise; or pleadings shall be tolled during the appro- claims for contribution brought by other (3) if the prospective defendant has des- priate period. persons. Upon entry of the settlement by the ignated a person to receive pre-litigation no- (g) EFFECT OF CONTRACTUAL OR STATUTORY court, the court shall enter a bar order con- tices on a Year 2000 Internet Website (as de- WAITING PERIODS.—In cases in which a con- stituting the final discharge of all obliga- fined in section 3(7) of the Year 2000 Informa- tract, or a statute enacted before January 1, tions to the plaintiff of the settling defend- tion and Readiness Disclosure Act), to the 1999, requires notice of non-performance and ant arising out of the action. The order shall designated person, if the prospective plain- provides for a period of delay prior to the ini- bar all future claims for contribution arising tiff has reasonable access to the Internet. tiation of suit for breach or repudiation of out of the action— (c) RESPONSE TO NOTICE.— contract, the period of delay provided by (A) by any person against the settling de- (1) IN GENERAL.—Within 30 days after re- contract or the statute is controlling over fendant; and ceipt of the notice specified in subsection (a), the waiting period specified in subsections (B) by the settling defendant against any each prospective defendant shall send by cer- (c) and (d). person other than a person whose liability tified mail with return receipt requested to (h) STATE LAW CONTROLS ALTERNATIVE has been extinguished by the settlement of each prospective plaintiff a written state- METHODS.—Nothing in this section super- the settling defendant. ment acknowledging receipt of the notice, sedes or otherwise preempts any State law or (2) REDUCTION.—If a defendant enters into a and describing the actions it has taken or rule of civil procedure with respect to the settlement with the plaintiff before the final will take to address the problem identified use of alternative dispute resolution for Y2K verdict or judgment, the verdict or judgment by the prospective plaintiff. actions. shall be reduced by the greater of— (2) WILLINGNESS TO ENGAGE IN ADR.—The (i) PROVISIONAL REMEDIES UNAFFECTED.— (A) an amount that corresponds to the per- Written statement shall state whether the Nothing in this section interferes with the centage of responsibility of that defendant; prospective defendant is willing to engage in right of a litigant to provisional remedies or alternative dispute resolution. (B) the amount paid to the plaintiff by otherwise available under Rule 65 of the Fed- (3) INADMISSIBILITY.—A written statement eral Rules of Civil Procedure or any State that defendant. required by this paragraph is not admissible (f) GENERAL RIGHT OF CONTRIBUTION.— rule of civil procedure providing extraor- in evidence, under Rule 408 of the Federal (1) IN GENERAL.—A defendant who is jointly dinary or provisional remedies in any civil and severally liable for damages in any Y2K Rules of Evidence or any analogous rule of action in which the underlying complaint action may recover contribution from any evidence in any State, in any proceeding to seeks both injunctive and monetary relief. other person who, if joined in the original ac- prove liability for, or the invalidity of, a (j) SPECIAL RULE FOR CLASS ACTIONS.—For tion, would have been liable for the same claim or its amount, or otherwise as evi- the purpose of applying this section to a Y2K damages. A claim for contribution shall be dence of conduct or statements made in com- action that is maintained as a class action in determined based on the percentage of re- promise negotiations. Federal or State court, the requirements of sponsibility of the claimant and of each per- (4) PRESUMPTIVE TIME OF RECEIPT.—For the preceding subsections of this section son against whom a claim for contribution is purposes of paragraph (1), a notice under sub- apply only to named plaintiffs in the class made. section (a) is presumed to be received 7 days action. (2) STATUTE OF LIMITATIONS FOR CONTRIBU- after it was sent. SEC. 8. PLEADING REQUIREMENTS. TION.—An action for contribution in connec- (d) FAILURE TO RESPOND.—If a prospective (a) APPLICATION WITH RULES OF CIVIL PRO- tion with a Y2K action shall be brought not defendant— CEDURE.—This section applies exclusively to later than 6 months after the entry of a (1) fails to respond to a notice provided Y2K actions and, except to the extent that final, nonappealable judgment in the Y2K ac- pursuant to subsection (a) within the 30 days this section requires additional information tion, except than an action for contribution specified in subsection (c)(1); or to be contained in or attached to pleadings, brought by a defendant who was required to (2) does not describe the action, if any, the nothing in this section is intended to amend make an additional payment under sub- prospective defendant has taken, or will or otherwise supersede applicable rules of section (d)(1) may be brought not later than take, to address the problem identified by Federal or State civil procedure. 6 months after the date on which such pay- the prospective plaintiff, (b) NATURE AND AMOUNT OF DAMAGES.—In ment was made. the prospective plaintiff may immediately all Y2K actions in which damages are re- (g) MORE PROTECTIVE STATE LAW NOT PRE- commence at legal action against that pro- quested, there shall be filed with the com- EMPTED.—Nothing in this section pre-empts spective defendant. plaint a statement of specific information as S4294 CONGRESSIONAL RECORD — SENATE April 27, 1999 to the nature and amount of each element of (E) losses that must be plead as special zation (including a corporation, unincor- damages and the factual basis for the dam- damages; and porated association, partnership, or non- ages calculation. (F) consequential damages (as defined in profit organization) is not personally liable (c) MATERIAL DEFECTS.—In any Y2K action the Uniform Commercial Code or analogous in any Y2K action in that person’s capacity in which the plaintiff alleges that there is a State commercial law). as a director, officer, trustee, or employee of material defect in a product or service, there (c) CERTAIN ACTIONS EXCLUDED.—This sec- the business or organization for more than shall be filed with the complaint a statement tion does not affect, abrogate, amend, or the greater of— of specific information regarding the mani- alter any patent, copyright, trade-secret, (1) $100,000; or festations of the material defects and the trademark, or service-mark action, or any (2) the amount of pre-tax compensation re- facts supporting a conclusion that the de- claim for defamation or invasion of privacy ceived by the director, officer, trustee, or fects are material. under Federal or State law. employee from the business or organization (d) CERTAIN OTHER ACTIONS.—A person lia- (d) REQUIRED STATE OF MIND.—In any Y2K during the 12 months immediately preceding ble for damages, whether by settlement or action in which a claim is asserted on which the act or omission for which liability is im- judgment, in a civil action to which this Act the plaintiff may prevail only on proof that posed. does not apply because of section 4(c), whose the defendant acted with a particular state XCEPTION.—Subsection (a) does not liability, in whole or in part, is the result of (b) E of mind, there shall be filed with the com- a Y2K failure may, notwithstanding any apply in any Y2K action in which it is found plaint, with respect to each element of that other provision of this Act, pursue any rem- by clear and convincing evidence that the di- claim, a statement of the facts giving rise to edy otherwise available under Federal or rector, officer, trustee, or employee— a strong inference that the defendant acted State law against the person responsible for (1) made statements intended to be mis- with the required state of mind. that Y2K failure to the extent of recovering leading regarding any actual or potential SEC. 9. DUTY TO MITIGATE. the amount of those damages. year 2000 problem; or Damages awarded in any Y2K action shall SEC. 13. STATE OF MIND; BYSTANDER LIABILITY; (2) withheld from the public significant in- exclude compensation for damages the plain- CONTROL. formation there was a legal duty to disclose tiff could reasonably have avoided in light of (a) DEFENDANT’S STATE OF MIND.—In a Y2K regarding any actual or potential year 2000 any disclosure or other information of which action other than a claim for breach of repu- problem of that business or organization the plaintiff was, or reasonably should have diation of contract, and in which the defend- which would likely result in actionable Y2K been, aware, including information made ant’s actual or constructive awareness of an failure. available by the defendant to purchasers or actual or potential Y2K failure is an element (c) STATE LAW, CHARTER, OR BYLAWS.— users of the defendant’s product or services of the claim, the defendant is not liable un- Nothing in this section supersedes any provi- concerning means of remedying or avoiding less the plaintiff establishes that elements of sion of State law, charter, or a bylaw author- the Y2K failure. the claim by clear and convincing evidence. ized by State law in existence on January 1, SEC. 10. APPLICATION OF EXISTING IMPOS- (b) LIMITATION ON BYSTANDER LIABILITY 1999, that establishes lower financial limits SIBILITY OR COMMERCIAL IMPRAC- FOR Y2K FAILURES.— on the liability of a director, officer, trustee, TICABILITY DOCTRINES. (1) IN GENERAL.—With respect to any Y2K or employee of such a business or organiza- In any Y2K action for breach or repudi- action for money damages in which— tion. (A) the defendant is not the manufacturer, ation of contract, the applicability of the SEC. 15. APPOINTMENT OF SPECIAL MASTERS OR doctrines of impossibility and commercial seller, or distributor of a product, or the pro- MAGISTRATES FOR Y2K ACTIONS. impracticability shall be determined by the vider of a service, that suffers or causes the Any District Court of the United States in Y2K failure at issue; law in existence on January 1, 1999. Nothing which a Y2K action is pending may appoint (B) the plaintiff is not in substantial priv- in this Act shall be construed as limiting or ity with the defendant; and a special master or a magistrate to hear the impairing a party’s right to assert defenses (C) the defendant’s actual or constructive matter and to make findings of fact and con- based upon such doctrines. awareness of an actual or potential Y2K fail- clusions of law in accordance with Rule 53 of SEC. 11. DAMAGES LIMITATION BY CONTRACT. ure is an element of the claim under applica- the Federal Rules of Civil Procedure. In any Y2K action for breach or repudi- ble law, SEC. 16. Y2K ACTIONS AS CLASS ACTIONS. ation of contract, no party may claim, nor the defendant shall not be liable unless the (a) MINIMUM INJURY REQUIREMENT.—A Y2K be awarded, any category of damages unless plaintiff, in addition to establishing all other action involving a claim that a product or such damages are allowed— requisite elements of the claim, proves by service is defective may be maintained as a (1) by the express terms of the contract; or clear and convincing evidence that the de- class action in Federal or State court as to (2) if the contract is silent on such dam- fendant actually knew, or recklessly dis- that claim only if— ages, by operation of State law at the time regarded a known and substantial risk, that (1) it satisfies all other prerequisites estab- the contract was effective or by operation of such failure would occur. lished by applicable Federal or State law, in- Federal law. (2) SUBSTANTIAL PRIVITY.—For purposes of cluding applicable rules of civil procedure; SEC. 12. DAMAGES IN TORT CLAIMS. paragraph (1)(B), a plaintiff and a defendant and (a) IN GENERAL.—A party to a Y2K action are in substantial privity when, in a Y2K ac- (2) the court finds that the defect in a making a tort claim may not recover dam- tion arising out of the performance of profes- product or service as alleged would be a ma- ages for economic loss unless— sional services, the plaintiff and the defend- terial defect for the majority of the members (1) the recovery of such losses is provided ant either have contractual relations with of the class. for in a contract to which the party seeking one another or the plaintiff is a person who, (b) NOTIFICATION.—In any Y2K action that to recover such losses is a party; or prior to the defendant’s performance of such is maintained as a class action, the court, in (2) such losses result directly from damage services, was specifically identified to and addition to any other notice required by ap- to tangible personal or real property caused acknowledged by the defendant as a person plicable Federal or State law, shall direct by the Y2K failure (other than damage to for whose special benefit the services were notice of the action to each member of the property that is the subject of the contract being performed. class, which shall include— (3) CERTAIN CLAIMS EXCLUDED.—For pur- between the parties to the Y2K action or, in (1) a concise and clear description of the poses of paragraph (1)(C), claims in which the the event there is no contract between the nature of the action; defendant’s actual or constructive awareness parties, other than damage caused only to (2) the jurisdiction where the case is pend- of an actual or potential Y2K failure is an the property that experienced the Y2K fail- ing; and element of the claim under applicable law do ure), not include claims for negligence but do in- (3) the fee arrangements with class coun- and such damages are permitted under appli- clude claims such as fraud, constructive sel, including the hourly fee being charged, cable State law. fraud, breach of fiduciary duty, negligent or, if it is a contingency fee, the percentage (b) ECONOMIC LOSS.—For purposes of this misrepresentation, and interference with of the final award which will be paid, includ- section only, and except as otherwise specifi- contract or economic advantage. ing as estimate of the total amount that cally provided in a valid and enforceable (c) CONTROL NOT DETERMINATIVE OF LIABIL- would be paid if the requested damages were written contract between the plaintiff and ITY.—The fact that a Y2K failure occurred in to be granted. the defendant in a Y2K action, the term an entity, facility, system, product, or com- (c) FORUM FOR Y2K CLASS ACTIONS.— ‘‘economic loss’’— ponent that was sold, leased, rented, or oth- (1) JURISDICTION.—Except as provided in (1) means amounts awarded to compensate erwise within the control of the party paragraph (2), a Y2K action may be brought an injured party for any loss other than against whom a claim is asserted in a Y2K as a class action in a United States District losses described in subsection (a)(2); and action shall not constitute the sole basis for Court or removed to a United States District (2) includes amounts awarded for damages recovery of damages in that action. A claim Court if the amount in controversy is great- such as— in a Y2K action for breach or repudiation of er than the sum or value of $1,000,000 (exclu- (A) lost profits or sales; contract for such a failure is governed by the sive of interest and costs), computed on the (B) business interruption; terms of the contract. basis of all claims to be determined in the (C) losses indirectly suffered as a result of SEC. 14. LIABILITY OF OFFICERS, DIRECTORS, action. the defendant’s wrongful act or omission; AND EMPLOYEES. (2) EXCEPTION.—A Y2K action may not be (D) losses that arise because of the claims (a) IN GENERAL.—A director, officer, trust- brought or removed as a class action under of third parties; ee, or employee of a business or other organi- this section if— April 27, 1999 CONGRESSIONAL RECORD — SENATE S4295

(A) a substantial majority of the members (ii) It could threaten the network of valued (1) Y2K ACTION.—The term ‘‘Y2K action’’— of the proposed plaintiff class are citizens of and trusted business and customer relation- (A) means a civil action commenced in any a single State; ships that are important to the effective Federal or State court, or an agency board of (B) the primary defendants are citizens of functioning of the national economy. contract appeal proceeding, in which the that State; and (iii) It would strain the Nation’s legal sys- plaintiff’s alleged harm or injury resulted di- (C) the claims asserted will be governed tem, causing particular problems for the rectly or indirectly from an actual or poten- primarily by the law of that State, or small businesses and individuals who already tial Y2K failure, or a claim or defense is re- the primary defendants are States, State of- find that system inaccessible because of its lated directly or indirectly to an actual or ficials, or other governmental entities complexity and expense. potential Y2K failure; against whom the United States District (iv) The delays, expense, uncertainties, loss (B) includes a civil action commenced in Court may be foreclosed from ordering relief. of control, adverse publicity, and animos- any Federal or State court by a govern- (D) This section shall become effective two ities that frequently accompany litigation of mental entity when acting in a commercial days after the date of enactment. business disputes could exacerbate the dif- or contracting capacity; but ficulties associated with the date change and (C) does not include an action brought by work against the successful resolution of LOTT AMENDMENT NO. 269 a governmental entity acting in a regu- those difficulties. latory, supervisory, or enforcement capacity. (4) It is appropriate for the Congress to Mr. LOTT proposed an amendment to (2) Y2K FAILURE.—The term ‘‘Y2K failure’’ enact legislation to assure that Y2K prob- amendment No. 268 proposed by him to means failure by any device or system (in- lems do not unnecessarily disrupt interstate cluding any computer system and any the bill, S. 96, supra; as follows: commerce or create unnecessary caseloads in microchip or integrated circuit embedded in Strike all after the word ‘‘section’’ and in- Federal courts and to provide initiatives to another device or product), or any software, sert the following: help businesses prepare and be in a position firmware, or other set or collection of proc- SECTION 1. SHORT TITLE; TABLE OF SECTIONS. to withstand the potentially devastating essing instructions to process, to calculate, (a) SHORT TITLE.—This Act may be cited as economic impact of Y2K. to compare, to sequence, to display, to store, the ‘‘Y2K Act’’. (5) Resorting to the legal system for reso- to transmit, or to receive year-2000 date-re- (b) TABLE OF SECTIONS.—The table of sec- lution of Y2K problems is not feasible for lated data, including failures— tions for this Act is as follows: many businesses and individuals who already (A) to deal with or account for transitions Sec. 1. Short title; table of sections. find the legal system inaccessible, particu- larly small businesses and individuals who or comparisons from, into, and between the Sec. 2. Findings and purposes. years 1999 and 2000 accurately; Sec. 3. Definitions. already find the legal system inaccessible, because of its complexity and expense. (B) to recognize or accurately to process Sec. 4. Application of Act. any specific date in 1999, 2000, or 2001; or Sec. 5. Punitive damages limitations. (6) The delays, expense, uncertainties, loss (C) accurately to account for the year Sec. 6. Proportionate liability. of control, adverse publicity, and animos- 2000’s status as a leap year, including rec- Sec. 7. Pre-litigation notice. ities that frequently accompany litigation of Sec. 8. Pleading requirements. business disputes can only exacerbate the ognition and processing of the correct date Sec. 9. Duty to mitigate. difficulties associated with Y2K date change, on February 29, 2000. Sec. 10. Application of existing impossibility and work against the successful resolution of (3) GOVERNMENT ENTITY.—The term ‘‘gov- or commercial impracticability those difficulties. ernment entity’’ means an agency, instru- doctrines. (7) Concern about the potential for liabil- mentality, or other entity of Federal, State, Sec. 11. Damages limitation by contract. ity—in particular, concern about the sub- or local government (including multijuris- Sec. 12. Damages in tort claims. stantial litigation expense associated with dictional agencies, instrumentalities, and Sec. 13. State of mind; bystander liability; defending against even the most insubstan- entities). control. tial lawsuits—is prompting many persons (4) MATERIAL DEFECT.—The term ‘‘material Sec. 14. Liability of officers, directors, and and businesses with technical expertise to defect’’ means a defect in any item, whether employees. avoid projects aimed at curing year 2000 tangible or intangible, or in the provision of Sec. 15. Appointment of special masters or computer date-change problems. a service, that substantially prevents the magistrates for Y2K actions. (8) A proliferation of frivolous Y2K law- item or service from operating or func- Sec. 16. Y2K actions as class actions. suits by opportunistic parties may further tioning as designed or according to its speci- limit access to courts by straining the re- SEC. 2. FINDINGS AND PURPOSES. fications. The term ‘‘material defect’’ does sources of the legal system and depriving de- not include a defect that— (a) FINDINGS.—The Congress finds that: serving parties of their legitimate rights to (1)(A) Many information technology sys- (A) has an insignificant or de minimis ef- relief. fect on the operation or functioning of an tems, devices, and programs are not capable (9) Congress encourages businesses to ap- of recognizing certain dates in 1999 and after item or computer program; proach their Y2K disputes responsibly, and (B) affects only a component of an item or December 31, 1999, and will read dates in the to avoid unnecessary, time-consuming and year 2000 and thereafter as if those dates rep- program that, as a whole, substantially oper- costly litigation about Y2K failures, particu- ates or functions as designed; or resent the year 1900 or thereafter or will fail larly those that are not material. Congress to process dates after December 31, 1999. (C) has an insignificant or de minimis ef- supports good faith negotiations between fect on the efficacy of the service provided. (B) If not corrected, the problem described parties when there is a dispute over a Y2K in subparagraph (A) and resulting failures (5) PERSONAL INJURY.—The term ‘‘personal problem, and, if necessary, urges the parties injury’’ means physical injury to a natural could incapacitate systems that are essential to enter into voluntary, non-binding medi- to the functioning of markets, commerce, person, including— ation rather than litigation. (A) death as a result of a physical injury; consumer products, utilities, Government, (b) PURPOSES.—Based upon the power of and safety and defense systems, in the and the Congress under Article I, Section 8, (B) mental suffering, emotional distress, or United States and throughout the world. Clause 3 of the Constitution of the United (2) It is in the national interest that pro- similar injuries suffered by that person in States, the purpose of this Act are— connection with a physical injury. ducers and users of technology products con- (1) to establish uniform legal standards (6) STATE.—The term ‘‘State’’ means any centrate their attention and resources in the that give all businesses and users of tech- State of the United States, the District of time remaining before January 1, 2000, on as- nology products reasonable incentives to Columbia, Commonwealth of Puerto Rico, sessing, fixing, testing, and developing con- solve Y2K computer date-change problems the Northern Mariana Islands, the United tingency plans to address any and all out- before they develop; standing year 2000 computer date-change (2) to encourage continued Y2K remedi- States Virgin Islands, Guam, American problems, so as to minimize possible disrup- ation and testing efforts by providers, sup- Samoa, and any other territory or possession tions associated with computer failures. pliers, customers, and other contracting of the United States, and any political sub- (3)(A) Because year 2000 computer date- partners; division thereof. change problems may affect virtually all (3) to encourage private and public parties (7) CONTRACT.—The term ‘‘contract’’ means businesses and other users of technology alike to resolve Y2K disputes by alternative a contract, tariff, license, or warranty. products to some degree, there is a substan- dispute mechanisms in order to avoid costly (8) ALTERNATIVE DISPUTE RESOLUTION.—The tial likelihood that actual or potential year and time-consuming litigation, to initiate term ‘‘alternative dispute resolution’’ means 2000 failures will prompt a significant vol- those mechanisms as early as possible, and any process or proceeding, other than adju- ume of litigation, much of it insubstantial. to encourage the prompt identification and dication by a court or in an administrative (B) The litigation described in subpara- correction of Y2K problems; and proceeding, to assist in the resolution of graph (A) would have a range of undesirable (4) to lessen the burdens on interstate com- issues in controversy, through processes effects, including the following: merce by discouraging insubstantial lawsuits such as early neutral evaluation, mediation, (i) It would threaten to waste technical while preserving the ability of individuals minitrial, and arbitration. and financial resources that are better de- and businesses that have suffered real injury SEC. 4. APPLICATION OF ACT. voted to curing year 2000 computer date- to obtain complete relief. (a) GENERAL RULE.—This Act applies to change problems and ensuring that systems SEC. 3. DEFINITIONS. any Y2K action brought in a State or Fed- remain or become operational. In this Act: eral court after February 22, 1999, for a Y2K S4296 CONGRESSIONAL RECORD — SENATE April 27, 1999 failure occurring before January 1, 2003, in- sponsibility of any defendant, the trier of months after a final judgment is entered in cluding any appeal, remand, stay, or other fact shall determine that percentage as a any Y2K action, the court determines that judicial, administrative, or alternative dis- percentage of the total fault of all persons, all or part of the share of the judgment pute resolution proceeding in such an action. including the plaintiff, who caused or con- against a defendant for compensatory dam- (b) NO NEW CAUSE OF ACTION CREATED.— tributed to the total loss incurred by the ages is not collectible against that defend- Nothing in this Act creates a new cause of plaintiff. ant, then each other defendant in the action action, and, except as otherwise explicitly (b) PROPORTIONATE LIABILITY.— is liable for the uncollectible share as fol- provided in this Act, nothing in this Act ex- (1) DETERMINATION OF RESPONSIBILITY.—In lows: pands any liability otherwise imposed or any Y2K action, the court shall instruct the (i) PERCENTAGE OF NET WORTH.—The other limits any defense otherwise available under jury to answer special interrogatories, or, if defendants are jointly and severally liable Federal or State law. there is no jury, the court shall make find- for the uncollectible share if the plaintiff es- (c) CLAIMS FOR PERSONAL INJURY OR ings with respect to each defendant, includ- tablishes that— WRONGFUL DEATH EXCLUDED.—This Act does ing defendants who have entered into settle- (I) the plaintiff is an individual whose re- not apply to a claim for personal injury or ments with the plaintiff or plaintiffs, coverable damages under the final judgment for wrongful death. concerning— are equal to more than 10 percent of the net (d) CONTRACT PRESERVATION.— (A) the percentage of responsibility, if any, worth of the plaintiff; and (1) IN GENERAL.—Subject to paragraph (2), of each defendant, measured as a percentage (II) the net worth of the plaintiff is less in any Y2K action any written contractual of the total fault of all persons who caused than $200,000. term, including a limitation or an exclusion or contributed to the loss incurred by the (ii) OTHER PLAINTIFFS.—For a plaintiff not of liability, or a disclaimer of warranty, plaintiff; and described in clause (i), each of the other de- shall be strictly enforced unless the enforce- (B) if alleged by the plaintiff, whether the fendants is liable for the uncollectible share ment of that term would manifestly and di- defendant— in proportion to the percentage of responsi- rectly contravene applicable State law em- (i) acted with specific intent to injure the bility of that defendant, except that the bodied in any statute in effect on January 1, plaintiff; or total liability of a defendant under this 1999, specifically addressing that term. (ii) knowingly committed fraud. clause may not exceed 50 percent of the pro- (2) INTERPRETATION OF CONTRACT.—In any (2) CONTENTS OF SPECIAL INTERROGATORIES portionate share of that defendant, as deter- Y2K action in which a contract to which OR FINDINGS.—The responses to interrog- mined under subsection (b)(2). paragraph (1) applies is silent as to a par- atories or findings under paragraph (1) shall (B) OVERALL LIMIT.—The total payments ticular issue, the interpretation of the con- specify the total amount of damages that the required under subparagraph (A) from all de- tract as to that issue shall be determined by plaintiff is entitled to recover and the per- fendants may not exceed the amount of the applicable law in effect at the time the con- centage of responsibility of each defendant uncollectible share. tract was executed. found to have caused or contributed to the (C) SUBJECT TO CONTRIBUTION.—A defendant against whom judgment is not collectible is (e) PREEMPTION OF STATE LAW.—This Act loss incurred by the plaintiff. supersedes State law to the extent that it es- (3) FACTORS FOR CONSIDERATION.—In deter- subject to contribution and to any con- tablishes a rule of law applicable to a Y2K mining the percentage of responsibility tinuing liability to the plaintiff on the judg- action that is inconsistent with State law, under this subsection, the trier of fact shall ment. (2) SPECIAL RIGHT OF CONTRIBUTION.—To the but nothing in this Act implicates, alters, or consider— extent that a defendant is required to make diminishes the ability of a State to defend (A) the nature of the conduct of each per- an additional payment under paragraph (1), itself against any claim on the basis of sov- son found to have caused or contributed to that defendant may recover contribution— ereign immunity. the loss incurred by the plaintiff; and (A) from the defendant originally liable to SEC. 5. PUNITIVE DAMAGES LIMITATIONS. (B) the nature and extent of the causal re- lationship between the conduct of each de- make the payment; (a) IN GENERAL.—In any Y2K action in (B) from any other defendant that is joint- which punitive damages are permitted by ap- fendant and the damages incurred by the plaintiff. ly and severally liable; plicable law, the defendant shall not be lia- (C) from any other defendant held propor- (c) JOINT LIABILITY FOR SPECIFIC INTENT OR ble for punitive damages unless the plaintiff tionately liable who is liable to make the FRAUD.— proves by clear and convincing evidence that same payment and has paid less than that (1) IN GENERAL.—Notwithstanding sub- the applicable standard for awarding dam- section (a), the liability of a defendant in a other defendant’s proportionate share of that ages has been met. Y2K action is joint and several if the trier of payment; or (b) CAPS ON PUNITIVE DAMAGES.— (D) from any other person responsible for fact specifically determines that the (1) IN GENERAL.—Subject to the evidentiary the conduct giving rise to the payment that defendant— standard established by subsection (a), puni- would have been liable to make the same (A) acted with specific intent to injure the tive damages permitted under applicable law payment. plaintiff; or against a defendant in such a Y2K action (3) NONDISCLOSURE TO JURY.—The standard (B) knowingly committed fraud. may not exceed the larger of— for allocation of damages under subsection (2) FRAUD; RECKLESSNESS.— (A) 3 times the amount awarded for com- (a) and subsection (b)(1), and the procedure (A) KNOWING COMMISSION OF FRAUD DE- pensatory damages; or for reallocation of uncollectible shares under SCRIBED.—For purposes of subsection (B) $250,000. paragraph (1) of this subsection, shall not be (b)(1)(B)(ii) and paragraph (1)(B) of this sub- (2) SPECIAL RULE.—In the case of a disclosed to members of the jury. section, a defendant knowingly committed defendant— (e) SETTLEMENT DISCHARGE.— fraud if the defendant— (A) who— (1) IN GENERAL.—A defendant who settles a (i) made an untrue statement of a material (i) is sued in his or her capacity as an indi- Y2K action at any time before final verdict fact, with actual knowledge that the state- vidual; and or judgment shall be discharged from all (ii) whose net worth does not exceed ment was false; claims for contribution brought by other (ii) omitted a fact necessary to make the $500,000; or persons. Upon entry of the settlement by the (B) that is an unincorporated business, a statement not be misleading, with actual court, the court shall enter a bar order con- partnership, corporation, association, unit of knowledge that, as a result of the omission, stituting the final discharge of all obliga- local government, or organization with fewer the statement was false; and tions to the plaintiff of the settling defend- (iii) knew that the plaintiff was reasonably than 25 full-time employees, ant arising out of the action. The order shall likely to rely on the false statement. bar all future claims for contribution arising paragraph (1) shall be applied by substituting (B) RECKLESSNESS.—For purposes of sub- ‘‘smaller’’ for ‘‘larger’’. out of the action— section (b)(1)(B) and paragraph (1) of this (A) by any person against the settling de- (3) NO CAP IF INJURY SPECIFICALLY IN- subsection, reckless conduct by the defend- TENDED.—Neither paragraph (1) nor para- fendant; and ant does not constitute either a specific in- (B) by the settling defendant against any graph (2) applies if the plaintiff establishes tent to injure, or the knowing commission of by clear and convincing evidence that the de- person other than a person whose liability fraud, by the defendant. has been extinguished by the settlement of fendant acted with specific intent to injure (3) RIGHT TO CONTRIBUTION NOT AFFECTED.— the plaintiff. the settling defendant. Nothing in this section affects the right, (2) REDUCTION.—If a defendant enters into a (c) GOVERNMENT ENTITIES.—Punitive dam- under any other law, of a defendant to con- settlement with the plaintiff before the final ages in a Y2K action may not be awarded tribution with respect to another defendant verdict or judgment, the verdict or judgment against a government entity. found under subsection (b)(1)(B), or deter- shall be reduced by the greater of— SEC. 6. PROPORTIONATE LIABILITY. mined under paragraph (1)(B) of this sub- (A) an amount that corresponds to the per- (a) IN GENERAL.—Except as provided in section, to have acted with specific intent to centage of responsibility of that defendant; subsections (b) and (c), a person against injure the plaintiff or to have knowingly or whom a final judgment is entered in a Y2K committed fraud. (B) the amount paid to the plaintiff by action shall be liable solely for the portion of (d) SPECIAL RULES.— that defendant. the judgment that corresponds to the rel- (1) UNCOLLECTIBLE SHARE.— (f) GENERAL RIGHT OF CONTRIBUTION.— ative and proportional responsibility of that (A) IN GENERAL.—Notwithstanding sub- (1) IN GENERAL.—A defendant who is jointly person. In determining the percentage of re- section (a), if, upon motion not later than 6 and severally liable for damages in any Y2K April 27, 1999 CONGRESSIONAL RECORD — SENATE S4297 action may recover contribution from any evidence in any State, in any proceeding to action in which the underlying complaint other person who, if joined in the original ac- prove liability for, or the invalidity of, a seeks both injunctive and monetary relief. tion, would have been liable for the same claim or its amount, or otherwise as evi- (j) SPECIAL RULE FOR CLASS ACTIONS.—For damages. A claim for contribution shall be dence of conduct or statements made in com- the purpose of applying this section to a Y2K determined based on the percentage of re- promise negotiations. action that is maintained as a class action in sponsibility of the claimant and of each per- (4) PRESUMPTIVE TIME OF RECEIPT.—For Federal or State court, the requirements of son against whom a claim for contribution is purposes of paragraph (1), a notice under sub- the preceding subsections of this section made. section (a) is presumed to be received 7 days apply only to named plaintiffs in the class (2) STATUTE OF LIMITATIONS FOR CONTRIBU- after it was sent. action. TION.—An action for contribution in connec- (d) FAILURE TO RESPOND.—If a prospective SEC. 8. PLEADING REQUIREMENTS. tion with a Y2K action shall be brought not defendant— (a) APPLICATION WITH RULES OF CIVIL PRO- later than 6 months after the entry of a (1) fails to respond to a notice provided CEDURE.—This section applies exclusively to final, nonappealable judgment in the Y2K ac- pursuant to subsection (a) within the 30 days Y2K actions and, except to the extent that tion, except than an action for contribution specified in subsection (c)(1); or this section requires additional information brought by a defendant who was required to (2) does not describe the action, if any, the to be contained in or attached to pleadings, make an additional payment under sub- prospective defendant has taken, or will nothing in this section is intended to amend section (d)(1) may be brought not later than take, to address the problem identified by or otherwise supersede applicable rules of 6 months after the date on which such pay- the prospective plaintiff, Federal or State civil procedure. ment was made. the prospective plaintiff may immediately (b) NATURE AND AMOUNT OF DAMAGES.—In (g) MORE PROTECTIVE STATE LAW NOT PRE- commence at legal action against that pro- all Y2K actions in which damages are re- EMPTED.—Nothing in this section pre-empts spective defendant. quested, there shall be filed with the com- or supersedes any provision of State statu- (e) REMEDIATION PERIOD.— plaint a statement of specific information as tory law that— (1) IN GENERAL.—If the prospective defend- to the nature and amount of each element of (1) limits the liability of a defendant in a ant responds and proposes remedial action it damages and the factual basis for the dam- Y2K action to a lesser amount than the will take, of offers to engage in alternative ages calculation. amount determined under this section; or dispute resolution, then the prospective (c) MATERIAL DEFECTS.—In any Y2K action (2) otherwise affords a greater degree of plaintiff shall allow the prospective defend- in which the plaintiff alleges that there is a protection from joint or several liability ant an additional 60 days from the end of the material defect in a product or service, there than is afforded by this section. 30-day notice period to complete the pro- shall be filed with the complaint a statement SEC. 7. PRE-LITIGATION NOTICE. posed remedial action before commencing a of specific information regarding the mani- (a) IN GENERAL.—Before commencing a legal action against that prospective defend- festations of the material defects and the Y2K action, except an action that seeks only ant. facts supporting a conclusion that the de- injunctive relief, a prospective plaintiff with (2) EXTENSION BY AGREEMENT.—The pro- fects are material. a Y2K claim shall send a written notice by spective plaintiff and prospective defendant (d) REQUIRED STATE OF MIND.—In any Y2K certified mail to each prospective defendant may change the length of the 60-day remedi- action in which a claim is asserted on which in that action. The notice shall provide spe- ation period by written agreement. the plaintiff may prevail only on proof that cific and detailed information about— (3) MULTIPLE EXTENSIONS NOT ALLOWED.— the defendant acted with a particular state (1) the manifestations of any material de- Except as provided in paragraph (2), a de- of mind, there shall be filed with the com- fect alleged to have caused harm or loss; fendant in a Y2K action is entitled to no plaint, with respect to each element of that (2) the harm or loss allegedly suffered by more than one 30-day period and one 60-day claim, a statement of the facts giving rise to the prospective plaintiff; remediation period under paragraph (1). a strong inference that the defendant acted (3) how the prospective plaintiff would like (4) STATUTES OF LIMITATION, ETC., TOLLED.— with the required state of mind. the prospective defendant to remedy the Any applicable statute of limitations or doc- SEC. 9. DUTY TO MITIGATE. problem; trine of laches in a Y2K action to which Damages awarded in any Y2K action shall (4) the basis upon which the prospective paragraph (1) applies shall be tolled during exclude compensation for damages the plain- plaintiff seeks that remedy; and the notice and remediation period under that tiff could reasonably have avoided in light of (5) the name, title, address, and telephone paragraph. any disclosure or other information of which number of any individual who has authority (f) FAILURE TO PROVIDE NOTICE.—If a de- the plaintiff was, or reasonably should have to negotiate a resolution of the dispute on fendant determines that a plaintiff has filed been, aware, including information made behalf of the prospective plaintiff. a Y2K action without providing the notice available by the defendant to purchasers or (b) PERSON TO WHOM NOTICE TO BE SENT.— specified in subsection (a) or without await- users of the defendant’s product or services The notice required by subsection (a) shall ing the expiration of the appropriate waiting concerning means of remedying or avoiding be sent— period specified in subsection (c), the defend- the Y2K failure. (1) to the registered agent of the prospec- ant may treat the plaintiff’s complaint as SEC. 10. APPLICATION OF EXISTING IMPOS- tive defendant for service of legal process; such a notice by so informing the court and SIBILITY OR COMMERCIAL IMPRAC- (2) if the prospective defendant does not the plaintiff. If any defendant elects to treat TICABILITY DOCTRINES. have a registered agent, then to the chief ex- the complaint as such a notice— In any Y2K action for breach or repudi- ecutive officer of a corporation, the man- (1) the court shall stay all discovery and ation of contract, the applicability of the aging partner of a partnership, the propri- all other proceedings in the action for the doctrines of impossibility and commercial etor of a sole proprietorship, or to a simi- appropriate period after filing of the com- impracticability shall be determined by the larly-situated person for any other enter- plaint; and law in existence on January 1, 1999. Nothing prise; or (2) the time for filing answers and all other in this Act shall be construed as limiting or (3) if the prospective defendant has des- pleadings shall be tolled during the appro- impairing a party’s right to assert defenses ignated a person to receive pre-litigation no- priate period. based upon such doctrines. tices on a Year 2000 Internet Website (as de- (g) EFFECT OF CONTRACTUAL OR STATUTORY SEC. 11. DAMAGES LIMITATION BY CONTRACT. fined in section 3(7) of the Year 2000 Informa- WAITING PERIODS.—In cases in which a con- In any Y2K action for breach or repudi- tion and Readiness Disclosure Act), to the tract, or a statute enacted before January 1, ation of contract, no party may claim, nor designated person, if the prospective plain- 1999, requires notice of non-performance and be awarded, any category of damages unless tiff has reasonable access to the Internet. provides for a period of delay prior to the ini- such damages are allowed— (c) RESPONSE TO NOTICE.— tiation of suit for breach or repudiation of (1) by the express terms of the contract; or (1) IN GENERAL.—Within 30 days after re- contract, the period of delay provided by (2) if the contract is silent on such dam- ceipt of the notice specified in subsection (a), contract or the statute is controlling over ages, by operation of State law at the time each prospective defendant shall send by cer- the waiting period specified in subsections the contract was effective or by operation of tified mail with return receipt requested to (c) and (d). Federal law. each prospective plaintiff a written state- (h) STATE LAW CONTROLS ALTERNATIVE SEC. 12. DAMAGES IN TORT CLAIMS. ment acknowledging receipt of the notice, METHODS.—Nothing in this section super- (a) IN GENERAL.—A party to a Y2K action and describing the actions it has taken or sedes or otherwise preempts any State law or making a tort claim may not recover dam- will take to address the problem identified rule of civil procedure with respect to the ages for economic loss unless— by the prospective plaintiff. use of alternative dispute resolution for Y2K (1) the recovery of such losses is provided (2) WILLINGNESS TO ENGAGE IN ADR.—The actions. for in a contract to which the party seeking Written statement shall state whether the (i) PROVISIONAL REMEDIES UNAFFECTED.— to recover such losses is a party; or prospective defendant is willing to engage in Nothing in this section interferes with the (2) such losses result directly from damage alternative dispute resolution. right of a litigant to provisional remedies to tangible personal or real property caused (3) INADMISSIBILITY.—A written statement otherwise available under Rule 65 of the Fed- by the Y2K failure (other than damage to required by this paragraph is not admissible eral Rules of Civil Procedure or any State property that is the subject of the contract in evidence, under Rule 408 of the Federal rule of civil procedure providing extraor- between the parties to the Y2K action or, in Rules of Evidence or any analogous rule of dinary or provisional remedies in any civil the event there is no contract between the S4298 CONGRESSIONAL RECORD — SENATE April 27, 1999

parties, other than damage caused only to (3) CERTAIN CLAIMS EXCLUDED.—For pur- (1) a concise and clear description of the the property that experienced the Y2K fail- poses of paragraph (1)(C), claims in which the nature of the action; ure), defendant’s actual or constructive awareness (2) the jurisdiction where the case is pend- and such damages are permitted under appli- of an actual or potential Y2K failure is an ing; and cable State law. element of the claim under applicable law do (3) the fee arrangements with class coun- (b) ECONOMIC LOSS.—For purposes of this not include claims for negligence but do in- sel, including the hourly fee being charged, section only, and except as otherwise specifi- clude claims such as fraud, constructive or, if it is a contingency fee, the percentage cally provided in a valid and enforceable fraud, breach of fiduciary duty, negligent of the final award which will be paid, includ- written contract between the plaintiff and misrepresentation, and interference with ing as estimate of the total amount that the defendant in a Y2K action, the term contract or economic advantage. would be paid if the requested damages were ‘‘economic loss’’— (c) CONTROL NOT DETERMINATIVE OF LIABIL- to be granted. (1) means amounts awarded to compensate ITY.—The fact that a Y2K failure occurred in (c) FORUM FOR Y2K CLASS ACTIONS.— an injured party for any loss other than an entity, facility, system, product, or com- (1) JURISDICTION.—Except as provided in losses described in subsection (a)(2); and ponent that was sold, leased, rented, or oth- paragraph (2), a Y2K action may be brought (2) includes amounts awarded for damages erwise within the control of the party as a class action in a United States District such as— against whom a claim is asserted in a Y2K Court or removed to a United States District (A) lost profits or sales; action shall not constitute the sole basis for Court if the amount in controversy is great- (B) business interruption; recovery of damages in that action. A claim er than the sum or value of $1,000,000 (exclu- (C) losses indirectly suffered as a result of in a Y2K action for breach or repudiation of sive of interest and costs), computed on the the defendant’s wrongful act or omission; contract for such a failure is governed by the basis of all claims to be determined in the (D) losses that arise because of the claims terms of the contract. action. of third parties; SEC. 14. LIABILITY OF OFFICERS, DIRECTORS, (2) EXCEPTION.—A Y2K action may not be (E) losses that must be plead as special AND EMPLOYEES. brought or removed as a class action under damages; and (a) IN GENERAL.—A director, officer, trust- this section if— (F) consequential damages (as defined in ee, or employee of a business or other organi- (A) a substantial majority of the members the Uniform Commercial Code or analogous zation (including a corporation, unincor- of the proposed plaintiff class are citizens of State commercial law). porated association, partnership, or non- a single State; (c) CERTAIN ACTIONS EXCLUDED.—This sec- profit organization) is not personally liable (B) the primary defendants are citizens of tion does not affect, abrogate, amend, or in any Y2K action in that person’s capacity that State; and alter any patent, copyright, trade-secret, as a director, officer, trustee, or employee of (C) the claims asserted will be governed trademark, or service-mark action, or any the business or organization for more than primarily by the law of that State, or the greater of— claim for defamation or invasion of privacy the primary defendants are States, State of- (1) $100,000; or under Federal or State law. ficials, or other governmental entities (d) CERTAIN OTHER ACTIONS.—A person lia- (2) the amount of pre-tax compensation re- ceived by the director, officer, trustee, or against whom the United States District ble for damages, whether by settlement or Court may be foreclosed from ordering relief. judgment, in a civil action to which this Act employee from the business or organization during the 12 months immediately preceding (D) This section shall become effective six does not apply because of section 4(c), whose days after the date of enactment. liability, in whole or in part, is the result of the act or omission for which liability is im- a Y2K failure may, notwithstanding any posed. other provision of this Act, pursue any rem- (b) EXCEPTION.—Subsection (a) does not edy otherwise available under Federal or apply in any Y2K action in which it is found LOTT AMENDMENT NO. 270 by clear and convincing evidence that the di- State law against the person responsible for Mr. LOTT proposed an amendment to that Y2K failure to the extent of recovering rector, officer, trustee, or employee— (1) made statements intended to be mis- amendment No. 267 proposed by him to the amount of those damages. leading regarding any actual or potential the bill, S. 96, supra; as follows: SEC. 13. STATE OF MIND; BYSTANDER LIABILITY; year 2000 problem; or In the language proposed to be striken, CONTROL. (2) withheld from the public significant in- (a) DEFENDANT’S STATE OF MIND.—In a Y2K strike all after the word ‘‘Section’’ and in- formation there was a legal duty to disclose sert the following: action other than a claim for breach of repu- regarding any actual or potential year 2000 diation of contract, and in which the defend- problem of that business or organization SECTION 1. SHORT TITLE; TABLE OF SECTIONS. ant’s actual or constructive awareness of an which would likely result in actionable Y2K (a) SHORT TITLE.—This Act may be cited as actual or potential Y2K failure is an element failure. the ‘‘Y2K Act’’. of the claim, the defendant is not liable un- (c) STATE LAW, CHARTER, OR BYLAWS.— (b) TABLE OF SECTIONS.—The table of sec- less the plaintiff establishes that elements of Nothing in this section supersedes any provi- tions for this Act is as follows: the claim by clear and convincing evidence. sion of State law, charter, or a bylaw author- Sec. 1. Short title; table of sections. (b) LIMITATION ON BYSTANDER LIABILITY ized by State law in existence on January 1, Sec. 2. Findings and purposes. FOR Y2K FAILURES.— 1999, that establishes lower financial limits Sec. 3. Definitions. (1) IN GENERAL.—With respect to any Y2K on the liability of a director, officer, trustee, Sec. 4. Application of Act. action for money damages in which— or employee of such a business or organiza- Sec. 5. Punitive damages limitations. (A) the defendant is not the manufacturer, tion. seller, or distributor of a product, or the pro- Sec. 6. Proportionate liability. SEC. 15. APPOINTMENT OF SPECIAL MASTERS OR Sec. 7. Pre-litigation notice. vider of a service, that suffers or causes the MAGISTRATES FOR Y2K ACTIONS. Y2K failure at Sec. 8. Pleading requirements. Any District Court of the United States in Sec. 9. Duty to mitigate. (B) the plaintiff is not in substantial priv- which a Y2K action is pending may appoint ity with the defendant; and Sec. 10. Application of existing impossibility a special master or a magistrate to hear the or commercial impracticability (C) the defendant’s actual or constructive matter and to make findings of fact and con- awareness of an actual or potential Y2K fail- doctrines. clusions of law in accordance with Rule 53 of Sec. 11. Damages limitation by contract. ure is an element of the claim under applica- the Federal Rules of Civil Procedure. ble law, Sec. 12. Damages in tort claims. SEC. 16. Y2K ACTIONS AS CLASS ACTIONS. Sec. 13. State of mind; bystander liability; the defendant shall not be liable unless the (a) MINIMUM INJURY REQUIREMENT.—A Y2K control. plaintiff, in addition to establishing all other action involving a claim that a product or requisite elements of the claim, proves by Sec. 14. Liability of officers, directors, and service is defective may be maintained as a employees. clear and convincing evidence that the de- class action in Federal or State court as to fendant actually knew, or recklessly dis- Sec. 15. Appointment of special masters or that claim only if— magistrates for Y2K actions. regarded a known and substantial risk, that (1) it satisfies all other prerequisites estab- Sec. 16. Y2K actions as class actions. such failure would occur. lished by applicable Federal or State law, in- (2) SUBSTANTIAL PRIVITY.—For purposes of cluding applicable rules of civil procedure; SEC. 2. FINDINGS AND PURPOSES. paragraph (1)(B), a plaintiff and a defendant and (a) FINDINGS.—The Congress finds that: are in substantial privity when, in a Y2K ac- (2) the court finds that the defect in a (1)(A) Many information technology sys- tion arising out of the performance of profes- product or service as alleged would be a ma- tems, devices, and programs are not capable sional services, the plaintiff and the defend- terial defect for the majority of the members of recognizing certain dates in 1999 and after ant either have contractual relations with of the class. December 31, 1999, and will read dates in the one another or the plaintiff is a person who, (b) NOTIFICATION.—In any Y2K action that year 2000 and thereafter as if those dates rep- prior to the defendant’s performance of such is maintained as a class action, the court, in resent the year 1900 or thereafter or will fail services, was specifically identified to and addition to any other notice required by ap- to process dates after December 31, 1999. acknowledged by the defendant as a person plicable Federal or State law, shall direct (B) If not corrected, the problem described for whose special benefit the services were notice of the action to each member of the in subparagraph (A) and resulting failures being performed. class, which shall include— could incapacitate systems that are essential April 27, 1999 CONGRESSIONAL RECORD — SENATE S4299 to the functioning of markets, commerce, to enter into voluntary, non-binding medi- (A) death as a result of a physical injury; consumer products, utilities, Government, ation rather than litigation. and and safety and defense systems, in the (b) PURPOSES.—Based upon the power of (B) mental suffering, emotional distress, or United States and throughout the world. the Congress under Article I, Section 8, similar injuries suffered by that person in (2) It is in the national interest that pro- Clause 3 of the Constitution of the United connection with a physical injury. ducers and users of technology products con- States, the purpose of this Act are— (6) STATE.—The term ‘‘State’’ means any centrate their attention and resources in the (1) to establish uniform legal standards State of the United States, the District of time remaining before January 1, 2000, on as- that give all businesses and users of tech- Columbia, Commonwealth of Puerto Rico, sessing, fixing, testing, and developing con- nology products reasonable incentives to the Northern Mariana Islands, the United tingency plans to address any and all out- solve Y2K computer date-change problems States Virgin Islands, Guam, American standing year 2000 computer date-change before they develop; Samoa, and any other territory or possession problems, so as to minimize possible disrup- (2) to encourage continued Y2K remedi- of the United States, and any political sub- tions associated with computer failures. ation and testing efforts by providers, sup- division thereof. (3)(A) Because year 2000 computer date- pliers, customers, and other contracting (7) CONTRACT.—The term ‘‘contract’’ means change problems may affect virtually all partners; a contract, tariff, license, or warranty. businesses and other users of technology (3) to encourage private and public parties (8) ALTERNATIVE DISPUTE RESOLUTION.—The products to some degree, there is a substan- alike to resolve Y2K disputes by alternative term ‘‘alternative dispute resolution’’ means tial likelihood that actual or potential year dispute mechanisms in order to avoid costly any process or proceeding, other than adju- 2000 failures will prompt a significant vol- and time-consuming litigation, to initiate dication by a court or in an administrative ume of litigation, much of it insubstantial. those mechanisms as early as possible, and proceeding, to assist in the resolution of (B) The litigation described in subpara- to encourage the prompt identification and issues in controversy, through processes graph (A) would have a range of undesirable correction of Y2K problems; and such as early neutral evaluation, mediation, (4) to lessen the burdens on interstate com- effects, including the following: minitrial, and arbitration. merce by discouraging insubstantial lawsuits (i) It would threaten to waste technical SEC. 4. APPLICATION OF ACT. and financial resources that are better de- while preserving the ability of individuals and businesses that have suffered real injury (a) GENERAL RULE.—This Act applies to voted to curing year 2000 computer date- any Y2K action brought in a State or Fed- change problems and ensuring that systems to obtain complete relief. SEC. 3. DEFINITIONS. eral court after February 22, 1999, for a Y2K remain or become operational. failure occurring before January 1, 2003, in- (ii) It could threaten the network of valued In this Act: cluding any appeal, remand, stay, or other and trusted business and customer relation- (1) Y2K ACTION.—The term ‘‘Y2K action’’— judicial, administrative, or alternative dis- ships that are important to the effective (A) means a civil action commenced in any pute resolution proceeding in such an action. functioning of the national economy. Federal or State court, or an agency board of (b) NO NEW CAUSE OF ACTION CREATED.— (iii) It would strain the Nation’s legal sys- contract appeal proceeding, in which the Nothing in this Act creates a new cause of tem, causing particular problems for the plaintiff’s alleged harm or injury resulted di- action, and, except as otherwise explicitly small businesses and individuals who already rectly or indirectly from an actual or poten- provided in this Act, nothing in this Act ex- find that system inaccessible because of its tial Y2K failure, or a claim or defense is re- pands any liability otherwise imposed or complexity and expense. lated directly or indirectly to an actual or (iv) The delays, expense, uncertainties, loss potential Y2K failure; limits any defense otherwise available under of control, adverse publicity, and animos- (B) includes a civil action commenced in Federal or State law. ities that frequently accompany litigation of any Federal or State court by a govern- (c) CLAIMS FOR PERSONAL INJURY OR business disputes could exacerbate the dif- mental entity when acting in a commercial WRONGFUL DEATH EXCLUDED.—This Act does ficulties associated with the date change and or contracting capacity; but not apply to a claim for personal injury or work against the successful resolution of (C) does not include an action brought by for wrongful death. those difficulties. a governmental entity acting in a regu- (d) CONTRACT PRESERVATION.— (4) It is appropriate for the Congress to latory, supervisory, or enforcement capacity. (1) IN GENERAL.—Subject to paragraph (2), (2) Y2K FAILURE.—The term ‘‘Y2K failure’’ enact legislation to assure that Y2K prob- in any Y2K action any written contractual means failure by any device or system (in- lems do not unnecessarily disrupt interstate term, including a limitation or an exclusion cluding any computer system and any commerce or create unnecessary caseloads in of liability, or a disclaimer of warranty, microchip or integrated circuit embedded in Federal courts and to provide initiatives to shall be strictly enforced unless the enforce- another device or product), or any software, help businesses prepare and be in a position ment of that term would manifestly and di- firmware, or other set or collection of proc- to withstand the potentially devastating rectly contravene applicable State law em- essing instructions to process, to calculate, economic impact of Y2K. bodied in any statute in effect on January 1, (5) Resorting to the legal system for reso- to compare, to sequence, to display, to store, 1999, specifically addressing that term. lution of Y2K problems is not feasible for to transmit, or to receive year-2000 date-re- (2) INTERPRETATION OF CONTRACT.—In any many businesses and individuals who already lated data, including failures— Y2K action in which a contract to which (A) to deal with or account for transitions find the legal system inaccessible, particu- paragraph (1) applies is silent as to a par- or comparisons from, into, and between the larly small businesses and individuals who ticular issue, the interpretation of the con- years 1999 and 2000 accurately; tract as to that issue shall be determined by already find the legal system inaccessible, (B) to recognize or accurately to process because of its complexity and expense. applicable law in effect at the time the con- any specific date in 1999, 2000, or 2001; or tract was executed. (6) The delays, expense, uncertainties, loss (C) accurately to account for the year of control, adverse publicity, and animos- (e) PREEMPTION OF STATE LAW.—This Act 2000’s status as a leap year, including rec- supersedes State law to the extent that it es- ities that frequently accompany litigation of ognition and processing of the correct date business disputes can only exacerbate the tablishes a rule of law applicable to a Y2K on February 29, 2000. action that is inconsistent with State law, difficulties associated with Y2K date change, (3) GOVERNMENT ENTITY.—The term ‘‘gov- and work against the successful resolution of but nothing in this Act implicates, alters, or ernment entity’’ means an agency, instru- diminishes the ability of a State to defend those difficulties. mentality, or other entity of Federal, State, (7) Concern about the potential for liabil- itself against any claim on the basis of sov- or local government (including multijuris- ereign immunity. ity—in particular, concern about the sub- dictional agencies, instrumentalities, and stantial litigation expense associated with entities). SEC. 5. PUNITIVE DAMAGES LIMITATIONS. defending against even the most insubstan- (4) MATERIAL DEFECT.—The term ‘‘material (a) IN GENERAL.—In any Y2K action in tial lawsuits—is prompting many persons defect’’ means a defect in any item, whether which punitive damages are permitted by ap- and businesses with technical expertise to tangible or intangible, or in the provision of plicable law, the defendant shall not be lia- avoid projects aimed at curing year 2000 a service, that substantially prevents the ble for punitive damages unless the plaintiff computer date-change problems. item or service from operating or func- proves by clear and convincing evidence that (8) A proliferation of frivolous Y2K law- tioning as designed or according to its speci- the applicable standard for awarding dam- suits by opportunistic parties may further fications. The term ‘‘material defect’’ does ages has been met. limit access to courts by straining the re- not include a defect that— (b) CAPS ON PUNITIVE DAMAGES.— sources of the legal system and depriving de- (A) has an insignificant or de minimis ef- (1) IN GENERAL.—Subject to the evidentiary serving parties of their legitimate rights to fect on the operation or functioning of an standard established by subsection (a), puni- relief. item or computer program; tive damages permitted under applicable law (9) Congress encourages businesses to ap- (B) affects only a component of an item or against a defendant in such a Y2K action proach their Y2K disputes responsibly, and program that, as a whole, substantially oper- may not exceed the larger of— to avoid unnecessary, time-consuming and ates or functions as designed; or (A) 3 times the amount awarded for com- costly litigation about Y2K failures, particu- (C) has an insignificant or de minimis ef- pensatory damages; or larly those that are not material. Congress fect on the efficacy of the service provided. (B) $250,000. supports good faith negotiations between (5) PERSONAL INJURY.—The term ‘‘personal (2) SPECIAL RULE.—In the case of a parties when there is a dispute over a Y2K injury’’ means physical injury to a natural defendant— problem, and, if necessary, urges the parties person, including— (A) who— S4300 CONGRESSIONAL RECORD — SENATE April 27, 1999

(i) is sued in his or her capacity as an indi- (i) made an untrue statement of a material (1) IN GENERAL.—A defendant who settles a vidual; and fact, with actual knowledge that the state- Y2K action at any time before final verdict (ii) whose net worth does not exceed ment was false; or judgment shall be discharged from all $500,000; or (ii) omitted a fact necessary to make the claims for contribution brought by other (B) that is an unincorporated business, a statement not be misleading, with actual persons. Upon entry of the settlement by the partnership, corporation, association, unit of knowledge that, as a result of the omission, court, the court shall enter a bar order con- local government, or organization with fewer the statement was false; and stituting the final discharge of all obliga- than 25 full-time employees, (iii) knew that the plaintiff was reasonably tions to the plaintiff of the settling defend- paragraph (1) shall be applied by substituting likely to rely on the false statement. ant arising out of the action. The order shall ‘‘smaller’’ for ‘‘larger’’. (B) RECKLESSNESS.—For purposes of sub- bar all future claims for contribution arising (3) NO CAP IF INJURY SPECIFICALLY IN- section (b)(1)(B) and paragraph (1) of this out of the action— TENDED.—Neither paragraph (1) nor para- subsection, reckless conduct by the defend- (A) by any person against the settling de- graph (2) applies if the plaintiff establishes ant does not constitute either a specific in- fendant; and by clear and convincing evidence that the de- tent to injure, or the knowing commission of (B) by the settling defendant against any fendant acted with specific intent to injure fraud, by the defendant. person other than a person whose liability (3) RIGHT TO CONTRIBUTION NOT AFFECTED.— the plaintiff. has been extinguished by the settlement of Nothing in this section affects the right, (c) GOVERNMENT ENTITIES.—Punitive dam- the settling defendant. under any other law, of a defendant to con- ages in a Y2K action may not be awarded (2) REDUCTION.—If a defendant enters into a against a government entity. tribution with respect to another defendant found under subsection (b)(1)(B), or deter- settlement with the plaintiff before the final SEC. 6. PROPORTIONATE LIABILITY. mined under paragraph (1)(B) of this sub- verdict or judgment, the verdict or judgment (a) IN GENERAL.—Except as provided in section, to have acted with specific intent to shall be reduced by the greater of— subsections (b) and (c), a person against injure the plaintiff or to have knowingly (A) an amount that corresponds to the per- whom a final judgment is entered in a Y2K committed fraud. centage of responsibility of that defendant; action shall be liable solely for the portion of (d) SPECIAL RULES.— or the judgment that corresponds to the rel- (1) UNCOLLECTIBLE SHARE.— (B) the amount paid to the plaintiff by ative and proportional responsibility of that (A) IN GENERAL.—Notwithstanding sub- that defendant. person. In determining the percentage of re- section (a), if, upon motion not later than 6 (f) GENERAL RIGHT OF CONTRIBUTION.— sponsibility of any defendant, the trier of months after a final judgment is entered in fact shall determine that percentage as a (1) IN GENERAL.—A defendant who is jointly any Y2K action, the court determines that and severally liable for damages in any Y2K percentage of the total fault of all persons, all or part of the share of the judgment including the plaintiff, who caused or con- action may recover contribution from any against a defendant for compensatory dam- other person who, if joined in the original ac- tributed to the total loss incurred by the ages is not collectible against that defend- plaintiff. tion, would have been liable for the same ant, then each other defendant in the action damages. A claim for contribution shall be (b) PROPORTIONATE LIABILITY.— is liable for the uncollectible share as fol- (1) DETERMINATION OF RESPONSIBILITY.—In determined based on the percentage of re- lows: sponsibility of the claimant and of each per- any Y2K action, the court shall instruct the (i) PERCENTAGE OF NET WORTH.—The other jury to answer special interrogatories, or, if son against whom a claim for contribution is defendants are jointly and severally liable made. there is no jury, the court shall make find- for the uncollectible share if the plaintiff es- (2) STATUTE OF LIMITATIONS FOR CONTRIBU- ings with respect to each defendant, includ- tablishes that— TION.—An action for contribution in connec- ing defendants who have entered into settle- (I) the plaintiff is an individual whose re- tion with a Y2K action shall be brought not ments with the plaintiff or plaintiffs, coverable damages under the final judgment later than 6 months after the entry of a concerning— are equal to more than 10 percent of the net final, nonappealable judgment in the Y2K ac- (A) the percentage of responsibility, if any, worth of the plaintiff; and of each defendant, measured as a percentage (II) the net worth of the plaintiff is less tion, except than an action for contribution of the total fault of all persons who caused than $200,000. brought by a defendant who was required to make an additional payment under sub- or contributed to the loss incurred by the (ii) OTHER PLAINTIFFS.—For a plaintiff not plaintiff; and described in clause (i), each of the other de- section (d)(1) may be brought not later than (B) if alleged by the plaintiff, whether the fendants is liable for the uncollectible share 6 months after the date on which such pay- defendant— in proportion to the percentage of responsi- ment was made. (i) acted with specific intent to injure the bility of that defendant, except that the (g) MORE PROTECTIVE STATE LAW NOT PRE- plaintiff; or total liability of a defendant under this EMPTED.—Nothing in this section pre-empts (ii) knowingly committed fraud. clause may not exceed 50 percent of the pro- or supersedes any provision of State statu- (2) CONTENTS OF SPECIAL INTERROGATORIES portionate share of that defendant, as deter- tory law that— OR FINDINGS.—The responses to interrog- mined under subsection (b)(2). (1) limits the liability of a defendant in a atories or findings under paragraph (1) shall (B) OVERALL LIMIT.—The total payments Y2K action to a lesser amount than the specify the total amount of damages that the required under subparagraph (A) from all de- amount determined under this section; or plaintiff is entitled to recover and the per- fendants may not exceed the amount of the (2) otherwise affords a greater degree of centage of responsibility of each defendant uncollectible share. protection from joint or several liability found to have caused or contributed to the (C) SUBJECT TO CONTRIBUTION.—A defendant than is afforded by this section. loss incurred by the plaintiff. against whom judgment is not collectible is SEC. 7. PRE-LITIGATION NOTICE. (3) FACTORS FOR CONSIDERATION.—In deter- subject to contribution and to any con- mining the percentage of responsibility tinuing liability to the plaintiff on the judg- (a) IN GENERAL.—Before commencing a under this subsection, the trier of fact shall ment. Y2K action, except an action that seeks only consider— (2) SPECIAL RIGHT OF CONTRIBUTION.—To the injunctive relief, a prospective plaintiff with (A) the nature of the conduct of each per- extent that a defendant is required to make a Y2K claim shall send a written notice by son found to have caused or contributed to an additional payment under paragraph (1), certified mail to each prospective defendant the loss incurred by the plaintiff; and that defendant may recover contribution— in that action. The notice shall provide spe- (B) the nature and extent of the causal re- (A) from the defendant originally liable to cific and detailed information about— lationship between the conduct of each de- make the payment; (1) the manifestations of any material de- fendant and the damages incurred by the (B) from any other defendant that is joint- fect alleged to have caused harm or loss; plaintiff. ly and severally liable; (2) the harm or loss allegedly suffered by (c) JOINT LIABILITY FOR SPECIFIC INTENT OR (C) from any other defendant held propor- the prospective plaintiff; FRAUD.— tionately liable who is liable to make the (3) how the prospective plaintiff would like (1) IN GENERAL.—Notwithstanding sub- same payment and has paid less than that the prospective defendant to remedy the section (a), the liability of a defendant in a other defendant’s proportionate share of that problem; Y2K action is joint and several if the trier of payment; or (4) the basis upon which the prospective fact specifically determines that the (D) from any other person responsible for plaintiff seeks that remedy; and defendant— the conduct giving rise to the payment that (A) acted with specific intent to injure the would have been liable to make the same (5) the name, title, address, and telephone plaintiff; or payment. number of any individual who has authority (B) knowingly committed fraud. (3) NONDISCLOSURE TO JURY.—The standard to negotiate a resolution of the dispute on (2) FRAUD; RECKLESSNESS.— for allocation of damages under subsection behalf of the prospective plaintiff. (A) KNOWING COMMISSION OF FRAUD DE- (a) and subsection (b)(1), and the procedure (b) PERSON TO WHOM NOTICE TO BE SENT.— SCRIBED.—For purposes of subsection for reallocation of uncollectible shares under The notice required by subsection (a) shall (b)(1)(B)(ii) and paragraph (1)(B) of this sub- paragraph (1) of this subsection, shall not be be sent— section, a defendant knowingly committed disclosed to members of the jury. (1) to the registered agent of the prospec- fraud if the defendant— (e) SETTLEMENT DISCHARGE.— tive defendant for service of legal process; April 27, 1999 CONGRESSIONAL RECORD — SENATE S4301 (2) if the prospective defendant does not the plaintiff. If any defendant elects to treat doctrines of impossibility and commercial have a registered agent, then to the chief ex- the complaint as such a notice— impracticability shall be determined by the ecutive officer of a corporation, the man- (1) the court shall stay all discovery and law in existence on January 1, 1999. Nothing aging partner of a partnership, the propri- all other proceedings in the action for the in this Act shall be construed as limiting or etor of a sole proprietorship, or to a simi- appropriate period after filing of the com- impairing a party’s right to assert defenses larly-situated person for any other enter- plaint; and based upon such doctrines. (2) the time for filing answers and all other prise; or SEC. 11. DAMAGES LIMITATION BY CONTRACT. pleadings shall be tolled during the appro- (3) if the prospective defendant has des- In any Y2K action for breach or repudi- priate period. ignated a person to receive pre-litigation no- ation of contract, no party may claim, nor (g) EFFECT OF CONTRACTUAL OR STATUTORY tices on a Year 2000 Internet Website (as de- WAITING PERIODS.—In cases in which a con- be awarded, any category of damages unless fined in section 3(7) of the Year 2000 Informa- tract, or a statute enacted before January 1, such damages are allowed— tion and Readiness Disclosure Act), to the 1999, requires notice of non-performance and (1) by the express terms of the contract; or designated person, if the prospective plain- provides for a period of delay prior to the ini- (2) if the contract is silent on such dam- tiff has reasonable access to the Internet. tiation of suit for breach or repudiation of ages, by operation of State law at the time (c) RESPONSE TO NOTICE.— contract, the period of delay provided by the contract was effective or by operation of (1) IN GENERAL.—Within 30 days after re- contract or the statute is controlling over Federal law. ceipt of the notice specified in subsection (a), the waiting period specified in subsections SEC. 12. DAMAGES IN TORT CLAIMS. each prospective defendant shall send by cer- (c) and (d). (a) IN GENERAL.—A party to a Y2K action tified mail with return receipt requested to (h) STATE LAW CONTROLS ALTERNATIVE making a tort claim may not recover dam- each prospective plaintiff a written state- METHODS.—Nothing in this section super- ages for economic loss unless— ment acknowledging receipt of the notice, sedes or otherwise preempts any State law or (1) the recovery of such losses is provided and describing the actions it has taken or rule of civil procedure with respect to the for in a contract to which the party seeking will take to address the problem identified use of alternative dispute resolution for Y2K to recover such losses is a party; or by the prospective plaintiff. actions. (2) such losses result directly from damage (2) WILLINGNESS TO ENGAGE IN ADR.—The (i) PROVISIONAL REMEDIES UNAFFECTED.— to tangible personal or real property caused Written statement shall state whether the Nothing in this section interferes with the by the Y2K failure (other than damage to prospective defendant is willing to engage in right of a litigant to provisional remedies property that is the subject of the contract alternative dispute resolution. otherwise available under Rule 65 of the Fed- between the parties to the Y2K action or, in (3) INADMISSIBILITY.—A written statement eral Rules of Civil Procedure or any State the event there is no contract between the required by this paragraph is not admissible rule of civil procedure providing extraor- parties, other than damage caused only to in evidence, under Rule 408 of the Federal dinary or provisional remedies in any civil the property that experienced the Y2K fail- action in which the underlying complaint Rules of Evidence or any analogous rule of ure), evidence in any State, in any proceeding to seeks both injunctive and monetary relief. and such damages are permitted under appli- prove liability for, or the invalidity of, a (j) SPECIAL RULE FOR CLASS ACTIONS.—For cable State law. claim or its amount, or otherwise as evi- the purpose of applying this section to a Y2K (b) ECONOMIC LOSS.—For purposes of this dence of conduct or statements made in com- action that is maintained as a class action in section only, and except as otherwise specifi- promise negotiations. Federal or State court, the requirements of the preceding subsections of this section cally provided in a valid and enforceable (4) PRESUMPTIVE TIME OF RECEIPT.—For written contract between the plaintiff and purposes of paragraph (1), a notice under sub- apply only to named plaintiffs in the class action. the defendant in a Y2K action, the term section (a) is presumed to be received 7 days ‘‘economic loss’’— after it was sent. SEC. 8. PLEADING REQUIREMENTS. (a) APPLICATION WITH RULES OF CIVIL PRO- (1) means amounts awarded to compensate (d) FAILURE TO RESPOND.—If a prospective an injured party for any loss other than defendant— CEDURE.—This section applies exclusively to Y2K actions and, except to the extent that losses described in subsection (a)(2); and (1) fails to respond to a notice provided this section requires additional information (2) includes amounts awarded for damages pursuant to subsection (a) within the 30 days to be contained in or attached to pleadings, such as— specified in subsection (c)(1); or nothing in this section is intended to amend (A) lost profits or sales; (2) does not describe the action, if any, the or otherwise supersede applicable rules of (B) business interruption; prospective defendant has taken, or will Federal or State civil procedure. (C) losses indirectly suffered as a result of take, to address the problem identified by (b) NATURE AND AMOUNT OF DAMAGES.—In the defendant’s wrongful act or omission; the prospective plaintiff, all Y2K actions in which damages are re- (D) losses that arise because of the claims the prospective plaintiff may immediately quested, there shall be filed with the com- of third parties; commence at legal action against that pro- plaint a statement of specific information as (E) losses that must be plead as special spective defendant. to the nature and amount of each element of damages; and (e) REMEDIATION PERIOD.— damages and the factual basis for the dam- (F) consequential damages (as defined in (1) IN GENERAL.—If the prospective defend- ages calculation. the Uniform Commercial Code or analogous ant responds and proposes remedial action it (c) MATERIAL DEFECTS.—In any Y2K action State commercial law). will take, of offers to engage in alternative in which the plaintiff alleges that there is a (c) CERTAIN ACTIONS EXCLUDED.—This sec- dispute resolution, then the prospective material defect in a product or service, there tion does not affect, abrogate, amend, or plaintiff shall allow the prospective defend- shall be filed with the complaint a statement alter any patent, copyright, trade-secret, ant an additional 60 days from the end of the of specific information regarding the mani- trademark, or service-mark action, or any 30-day notice period to complete the pro- festations of the material defects and the claim for defamation or invasion of privacy posed remedial action before commencing a facts supporting a conclusion that the de- under Federal or State law. legal action against that prospective defend- fects are material. (d) CERTAIN OTHER ACTIONS.—A person lia- (d) REQUIRED STATE OF MIND.—In any Y2K ant. ble for damages, whether by settlement or action in which a claim is asserted on which (2) EXTENSION BY AGREEMENT.—The pro- judgment, in a civil action to which this Act the plaintiff may prevail only on proof that spective plaintiff and prospective defendant does not apply because of section 4(c), whose the defendant acted with a particular state may change the length of the 60-day remedi- liability, in whole or in part, is the result of of mind, there shall be filed with the com- a Y2K failure may, notwithstanding any ation period by written agreement. plaint, with respect to each element of that (3) MULTIPLE EXTENSIONS NOT ALLOWED.— claim, a statement of the facts giving rise to other provision of this Act, pursue any rem- Except as provided in paragraph (2), a de- a strong inference that the defendant acted edy otherwise available under Federal or fendant in a Y2K action is entitled to no with the required state of mind. State law against the person responsible for more than one 30-day period and one 60-day that Y2K failure to the extent of recovering SEC. 9. DUTY TO MITIGATE. remediation period under paragraph (1). Damages awarded in any Y2K action shall the amount of those damages. (4) STATUTES OF LIMITATION, ETC., TOLLED.— exclude compensation for damages the plain- SEC. 13. STATE OF MIND; BYSTANDER LIABILITY; Any applicable statute of limitations or doc- tiff could reasonably have avoided in light of CONTROL. trine of laches in a Y2K action to which any disclosure or other information of which (a) DEFENDANT’S STATE OF MIND.—In a Y2K paragraph (1) applies shall be tolled during the plaintiff was, or reasonably should have action other than a claim for breach of repu- the notice and remediation period under that been, aware, including information made diation of contract, and in which the defend- paragraph. available by the defendant to purchasers or ant’s actual or constructive awareness of an (f) FAILURE TO PROVIDE NOTICE.—If a de- users of the defendant’s product or services actual or potential Y2K failure is an element fendant determines that a plaintiff has filed concerning means of remedying or avoiding of the claim, the defendant is not liable un- a Y2K action without providing the notice the Y2K failure. less the plaintiff establishes that elements of specified in subsection (a) or without await- SEC. 10. APPLICATION OF EXISTING IMPOS- the claim by clear and convincing evidence. ing the expiration of the appropriate waiting SIBILITY OR COMMERCIAL IMPRAC- (b) LIMITATION ON BYSTANDER LIABILITY period specified in subsection (c), the defend- TICABILITY DOCTRINES. FOR Y2K FAILURES.— ant may treat the plaintiff’s complaint as In any Y2K action for breach or repudi- (1) IN GENERAL.—With respect to any Y2K such a notice by so informing the court and ation of contract, the applicability of the action for money damages in which— S4302 CONGRESSIONAL RECORD — SENATE April 27, 1999 (A) the defendant is not the manufacturer, or employee of such a business or organiza- Sec. 6. Proportionate liability. seller, or distributor of a product, or the pro- tion. Sec. 7. Pre-litigation notice. vider of a service, that suffers or causes the SEC. 15. APPOINTMENT OF SPECIAL MASTERS OR Sec. 8. Pleading requirements. Y2K failure at MAGISTRATES FOR Y2K ACTIONS. Sec. 9. Duty to mitigate. (B) the plaintiff is not in substantial priv- Any District Court of the United States in Sec. 10. Application of existing impossibility ity with the defendant; and which a Y2K action is pending may appoint or commercial impracticability (C) the defendant’s actual or constructive a special master or a magistrate to hear the doctrines. awareness of an actual or potential Y2K fail- matter and to make findings of fact and con- Sec. 11. Damages limitation by contract. ure is an element of the claim under applica- clusions of law in accordance with Rule 53 of Sec. 12. Damages in tort claims. ble law, the Federal Rules of Civil Procedure. Sec. 13. State of mind; bystander liability; the defendant shall not be liable unless the SEC. 16. Y2K ACTIONS AS CLASS ACTIONS. control. Sec. 14. Liability of officers, directors, and plaintiff, in addition to establishing all other (a) MINIMUM INJURY REQUIREMENT.—A Y2K requisite elements of the claim, proves by action involving a claim that a product or employees. clear and convincing evidence that the de- service is defective may be maintained as a Sec. 15. Appointment of special masters or fendant actually knew, or recklessly dis- class action in Federal or State court as to magistrates for Y2K actions. regarded a known and substantial risk, that that claim only if— Sec. 16. Y2K actions as class actions. such failure would occur. (1) it satisfies all other prerequisites estab- SEC. 2. FINDINGS AND PURPOSES. (2) SUBSTANTIAL PRIVITY.—For purposes of lished by applicable Federal or State law, in- (a) FINDINGS.—The Congress finds that: paragraph (1)(B), a plaintiff and a defendant cluding applicable rules of civil procedure; (1)(A) Many information technology sys- are in substantial privity when, in a Y2K ac- and tems, devices, and programs are not capable tion arising out of the performance of profes- (2) the court finds that the defect in a of recognizing certain dates in 1999 and after sional services, the plaintiff and the defend- product or service as alleged would be a ma- December 31, 1999, and will read dates in the ant either have contractual relations with terial defect for the majority of the members year 2000 and thereafter as if those dates rep- one another or the plaintiff is a person who, of the class. resent the year 1900 or thereafter or will fail prior to the defendant’s performance of such (b) NOTIFICATION.—In any Y2K action that to process dates after December 31, 1999. services, was specifically identified to and is maintained as a class action, the court, in (B) If not corrected, the problem described acknowledged by the defendant as a person addition to any other notice required by ap- in subparagraph (A) and resulting failures for whose special benefit the services were plicable Federal or State law, shall direct could incapacitate systems that are essential being performed. notice of the action to each member of the to the functioning of markets, commerce, (3) CERTAIN CLAIMS EXCLUDED.—For pur- class, which shall include— consumer products, utilities, Government, poses of paragraph (1)(C), claims in which the (1) a concise and clear description of the and safety and defense systems, in the defendant’s actual or constructive awareness nature of the action; United States and throughout the world. of an actual or potential Y2K failure is an (2) the jurisdiction where the case is pend- (2) It is in the national interest that pro- element of the claim under applicable law do ing; and ducers and users of technology products con- not include claims for negligence but do in- (3) the fee arrangements with class coun- centrate their attention and resources in the clude claims such as fraud, constructive sel, including the hourly fee being charged, time remaining before January 1, 2000, on as- fraud, breach of fiduciary duty, negligent or, if it is a contingency fee, the percentage sessing, fixing, testing, and developing con- misrepresentation, and interference with of the final award which will be paid, includ- tingency plans to address any and all out- contract or economic advantage. ing as estimate of the total amount that standing year 2000 computer date-change (c) CONTROL NOT DETERMINATIVE OF LIABIL- would be paid if the requested damages were problems, so as to minimize possible disrup- ITY.—The fact that a Y2K failure occurred in to be granted. tions associated with computer failures. an entity, facility, system, product, or com- (c) FORUM FOR Y2K CLASS ACTIONS.— (3)(A) Because year 2000 computer date- ponent that was sold, leased, rented, or oth- (1) JURISDICTION.—Except as provided in change problems may affect virtually all erwise within the control of the party paragraph (2), a Y2K action may be brought businesses and other users of technology against whom a claim is asserted in a Y2K as a class action in a United States District products to some degree, there is a substan- action shall not constitute the sole basis for Court or removed to a United States District tial likelihood that actual or potential year recovery of damages in that action. A claim Court if the amount in controversy is great- 2000 failures will prompt a significant vol- in a Y2K action for breach or repudiation of er than the sum or value of $1,000,000 (exclu- ume of litigation, much of it insubstantial. contract for such a failure is governed by the sive of interest and costs), computed on the (B) The litigation described in subpara- terms of the contract. basis of all claims to be determined in the graph (A) would have a range of undesirable SEC. 14. LIABILITY OF OFFICERS, DIRECTORS, action. effects, including the following: AND EMPLOYEES. (2) EXCEPTION.—A Y2K action may not be (i) It would threaten to waste technical (a) IN GENERAL.—A director, officer, trust- brought or removed as a class action under and financial resources that are better de- ee, or employee of a business or other organi- this section if— voted to curing year 2000 computer date- zation (including a corporation, unincor- (A) a substantial majority of the members change problems and ensuring that systems porated association, partnership, or non- of the proposed plaintiff class are citizens of remain or become operational. profit organization) is not personally liable a single State; (ii) It could threaten the network of valued in any Y2K action in that person’s capacity (B) the primary defendants are citizens of and trusted business and customer relation- as a director, officer, trustee, or employee of that State; and ships that are important to the effective the business or organization for more than (C) the claims asserted will be governed functioning of the national economy. the greater of— primarily by the law of that State, or (iii) It would strain the Nation’s legal sys- (1) $100,000; or the primary defendants are States, State of- tem, causing particular problems for the (2) the amount of pre-tax compensation re- ficials, or other governmental entities small businesses and individuals who already ceived by the director, officer, trustee, or against whom the United States District find that system inaccessible because of its employee from the business or organization Court may be foreclosed from ordering relief. complexity and expense. during the 12 months immediately preceding (D) This section shall become effective (iv) The delays, expense, uncertainties, loss the act or omission for which liability is im- three days after the date of enactment. of control, adverse publicity, and animos- posed. ities that frequently accompany litigation of (b) EXCEPTION.—Subsection (a) does not LOTT AMENDMENT NO. 271 business disputes could exacerbate the dif- apply in any Y2K action in which it is found ficulties associated with the date change and by clear and convincing evidence that the di- Mr. LOTT proposed an amendment to work against the successful resolution of rector, officer, trustee, or employee— amendment No. 270 proposed by him to those difficulties. (1) made statements intended to be mis- the bill, S. 96, supra; as follows: (4) It is appropriate for the Congress to leading regarding any actual or potential enact legislation to assure that Y2K prob- In the language proposed to be striken, year 2000 problem; or lems do not unnecessarily disrupt interstate strike all after the word ‘‘1’’ and add the fol- (2) withheld from the public significant in- commerce or create unnecessary caseloads in lowing: formation there was a legal duty to disclose Federal courts and to provide initiatives to regarding any actual or potential year 2000 SHORT TITLE; TABLE OF SECTIONS. help businesses prepare and be in a position problem of that business or organization (a) SHORT TITLE.—This Act may be cited as to withstand the potentially devastating which would likely result in actionable Y2K the ‘‘Y2K Act’’. economic impact of Y2K. failure. (b) TABLE OF SECTIONS.—The table of sec- (5) Resorting to the legal system for reso- (c) STATE LAW, CHARTER, OR BYLAWS.— tions for this Act is as follows: lution of Y2K problems is not feasible for Nothing in this section supersedes any provi- Sec. 1. Short title; table of sections. many businesses and individuals who already sion of State law, charter, or a bylaw author- Sec. 2. Findings and purposes. find the legal system inaccessible, particu- ized by State law in existence on January 1, Sec. 3. Definitions. larly small businesses and individuals who 1999, that establishes lower financial limits Sec. 4. Application of Act. already find the legal system inaccessible, on the liability of a director, officer, trustee, Sec. 5. Punitive damages limitations. because of its complexity and expense. April 27, 1999 CONGRESSIONAL RECORD — SENATE S4303 (6) The delays, expense, uncertainties, loss (B) to recognize or accurately to process tract as to that issue shall be determined by of control, adverse publicity, and animos- any specific date in 1999, 2000, or 2001; or applicable law in effect at the time the con- ities that frequently accompany litigation of (C) accurately to account for the year tract was executed. business disputes can only exacerbate the 2000’s status as a leap year, including rec- (e) PREEMPTION OF STATE LAW.—This Act difficulties associated with Y2K date change, ognition and processing of the correct date supersedes State law to the extent that it es- and work against the successful resolution of on February 29, 2000. tablishes a rule of law applicable to a Y2K those difficulties. (3) GOVERNMENT ENTITY.—The term ‘‘gov- action that is inconsistent with State law, (7) Concern about the potential for liabil- ernment entity’’ means an agency, instru- but nothing in this Act implicates, alters, or ity—in particular, concern about the sub- mentality, or other entity of Federal, State, diminishes the ability of a State to defend stantial litigation expense associated with or local government (including multijuris- itself against any claim on the basis of sov- defending against even the most insubstan- dictional agencies, instrumentalities, and ereign immunity. tial lawsuits—is prompting many persons entities). SEC. 5. PUNITIVE DAMAGES LIMITATIONS. and businesses with technical expertise to (4) MATERIAL DEFECT.—The term ‘‘material (a) IN GENERAL.—In any Y2K action in avoid projects aimed at curing year 2000 defect’’ means a defect in any item, whether which punitive damages are permitted by ap- computer date-change problems. tangible or intangible, or in the provision of plicable law, the defendant shall not be lia- (8) A proliferation of frivolous Y2K law- a service, that substantially prevents the ble for punitive damages unless the plaintiff suits by opportunistic parties may further item or service from operating or func- proves by clear and convincing evidence that limit access to courts by straining the re- tioning as designed or according to its speci- the applicable standard for awarding dam- sources of the legal system and depriving de- fications. The term ‘‘material defect’’ does ages has been met. serving parties of their legitimate rights to not include a defect that— (b) CAPS ON PUNITIVE DAMAGES.— relief. (A) has an insignificant or de minimis ef- (1) IN GENERAL.—Subject to the evidentiary (9) Congress encourages businesses to ap- fect on the operation or functioning of an standard established by subsection (a), puni- proach their Y2K disputes responsibly, and item or computer program; tive damages permitted under applicable law to avoid unnecessary, time-consuming and (B) affects only a component of an item or against a defendant in such a Y2K action costly litigation about Y2K failures, particu- program that, as a whole, substantially oper- may not exceed the larger of— larly those that are not material. Congress ates or functions as designed; or (A) 3 times the amount awarded for com- supports good faith negotiations between (C) has an insignificant or de minimis ef- pensatory damages; or parties when there is a dispute over a Y2K fect on the efficacy of the service provided. (B) $250,000. problem, and, if necessary, urges the parties (5) PERSONAL INJURY.—The term ‘‘personal (2) SPECIAL RULE.—In the case of a to enter into voluntary, non-binding medi- injury’’ means physical injury to a natural defendant— ation rather than litigation. person, including— (A) who— (b) PURPOSES.—Based upon the power of (A) death as a result of a physical injury; (i) is sued in his or her capacity as an indi- the Congress under Article I, Section 8, and vidual; and Clause 3 of the Constitution of the United (B) mental suffering, emotional distress, or (ii) whose net worth does not exceed States, the purpose of this Act are— similar injuries suffered by that person in $500,000; or (1) to establish uniform legal standards connection with a physical injury. (B) that is an unincorporated business, a that give all businesses and users of tech- (6) STATE.—The term ‘‘State’’ means any partnership, corporation, association, unit of nology products reasonable incentives to State of the United States, the District of local government, or organization with fewer solve Y2K computer date-change problems Columbia, Commonwealth of Puerto Rico, than 25 full-time employees, before they develop; the Northern Mariana Islands, the United paragraph (1) shall be applied by substituting (2) to encourage continued Y2K remedi- States Virgin Islands, Guam, American ‘‘smaller’’ for ‘‘larger’’. ation and testing efforts by providers, sup- Samoa, and any other territory or possession (3) NO CAP IF INJURY SPECIFICALLY IN- pliers, customers, and other contracting of the United States, and any political sub- TENDED.—Neither paragraph (1) nor para- partners; division thereof. graph (2) applies if the plaintiff establishes (3) to encourage private and public parties (7) CONTRACT.—The term ‘‘contract’’ means by clear and convincing evidence that the de- alike to resolve Y2K disputes by alternative a contract, tariff, license, or warranty. fendant acted with specific intent to injure dispute mechanisms in order to avoid costly (8) ALTERNATIVE DISPUTE RESOLUTION.—The the plaintiff. and time-consuming litigation, to initiate term ‘‘alternative dispute resolution’’ means (c) GOVERNMENT ENTITIES.—Punitive dam- those mechanisms as early as possible, and any process or proceeding, other than adju- ages in a Y2K action may not be awarded to encourage the prompt identification and dication by a court or in an administrative against a government entity. correction of Y2K problems; and proceeding, to assist in the resolution of SEC. 6. PROPORTIONATE LIABILITY. (4) to lessen the burdens on interstate com- issues in controversy, through processes (a) IN GENERAL.—Except as provided in merce by discouraging insubstantial lawsuits such as early neutral evaluation, mediation, subsections (b) and (c), a person against while preserving the ability of individuals minitrial, and arbitration. whom a final judgment is entered in a Y2K and businesses that have suffered real injury SEC. 4. APPLICATION OF ACT. action shall be liable solely for the portion of to obtain complete relief. (a) GENERAL RULE.—This Act applies to the judgment that corresponds to the rel- SEC. 3. DEFINITIONS. any Y2K action brought in a State or Fed- ative and proportional responsibility of that In this Act: eral court after February 22, 1999, for a Y2K person. In determining the percentage of re- (1) Y2K ACTION.—The term ‘‘Y2K action’’— failure occurring before January 1, 2003, in- sponsibility of any defendant, the trier of (A) means a civil action commenced in any cluding any appeal, remand, stay, or other fact shall determine that percentage as a Federal or State court, or an agency board of judicial, administrative, or alternative dis- percentage of the total fault of all persons, contract appeal proceeding, in which the pute resolution proceeding in such an action. including the plaintiff, who caused or con- plaintiff’s alleged harm or injury resulted di- (b) NO NEW CAUSE OF ACTION CREATED.— tributed to the total loss incurred by the rectly or indirectly from an actual or poten- Nothing in this Act creates a new cause of plaintiff. tial Y2K failure, or a claim or defense is re- action, and, except as otherwise explicitly (b) PROPORTIONATE LIABILITY.— lated directly or indirectly to an actual or provided in this Act, nothing in this Act ex- (1) DETERMINATION OF RESPONSIBILITY.—In potential Y2K failure; pands any liability otherwise imposed or any Y2K action, the court shall instruct the (B) includes a civil action commenced in limits any defense otherwise available under jury to answer special interrogatories, or, if any Federal or State court by a govern- Federal or State law. there is no jury, the court shall make find- mental entity when acting in a commercial (c) CLAIMS FOR PERSONAL INJURY OR ings with respect to each defendant, includ- or contracting capacity; but WRONGFUL DEATH EXCLUDED.—This Act does ing defendants who have entered into settle- (C) does not include an action brought by not apply to a claim for personal injury or ments with the plaintiff or plaintiffs, a governmental entity acting in a regu- for wrongful death. concerning— latory, supervisory, or enforcement capacity. (d) CONTRACT PRESERVATION.— (A) the percentage of responsibility, if any, (2) Y2K FAILURE.—The term ‘‘Y2K failure’’ (1) IN GENERAL.—Subject to paragraph (2), of each defendant, measured as a percentage means failure by any device or system (in- in any Y2K action any written contractual of the total fault of all persons who caused cluding any computer system and any term, including a limitation or an exclusion or contributed to the loss incurred by the microchip or integrated circuit embedded in of liability, or a disclaimer of warranty, plaintiff; and another device or product), or any software, shall be strictly enforced unless the enforce- (B) if alleged by the plaintiff, whether the firmware, or other set or collection of proc- ment of that term would manifestly and di- defendant— essing instructions to process, to calculate, rectly contravene applicable State law em- (i) acted with specific intent to injure the to compare, to sequence, to display, to store, bodied in any statute in effect on January 1, plaintiff; or to transmit, or to receive year-2000 date-re- 1999, specifically addressing that term. (ii) knowingly committed fraud. lated data, including failures— (2) INTERPRETATION OF CONTRACT.—In any (2) CONTENTS OF SPECIAL INTERROGATORIES (A) to deal with or account for transitions Y2K action in which a contract to which OR FINDINGS.—The responses to interrog- or comparisons from, into, and between the paragraph (1) applies is silent as to a par- atories or findings under paragraph (1) shall years 1999 and 2000 accurately; ticular issue, the interpretation of the con- specify the total amount of damages that the S4304 CONGRESSIONAL RECORD — SENATE April 27, 1999 plaintiff is entitled to recover and the per- fendants may not exceed the amount of the SEC. 7. PRE-LITIGATION NOTICE. centage of responsibility of each defendant uncollectible share. (a) IN GENERAL.—Before commencing a found to have caused or contributed to the (C) SUBJECT TO CONTRIBUTION.—A defendant Y2K action, except an action that seeks only loss incurred by the plaintiff. against whom judgment is not collectible is injunctive relief, a prospective plaintiff with (3) FACTORS FOR CONSIDERATION.—In deter- subject to contribution and to any con- a Y2K claim shall send a written notice by mining the percentage of responsibility tinuing liability to the plaintiff on the judg- certified mail to each prospective defendant under this subsection, the trier of fact shall ment. in that action. The notice shall provide spe- consider— (2) SPECIAL RIGHT OF CONTRIBUTION.—To the cific and detailed information about— (A) the nature of the conduct of each per- extent that a defendant is required to make (1) the manifestations of any material de- son found to have caused or contributed to an additional payment under paragraph (1), fect alleged to have caused harm or loss; the loss incurred by the plaintiff; and that defendant may recover contribution— (2) the harm or loss allegedly suffered by (B) the nature and extent of the causal re- (A) from the defendant originally liable to the prospective plaintiff; lationship between the conduct of each de- make the payment; (3) how the prospective plaintiff would like fendant and the damages incurred by the (B) from any other defendant that is joint- the prospective defendant to remedy the plaintiff. ly and severally liable; problem; (c) JOINT LIABILITY FOR SPECIFIC INTENT OR (C) from any other defendant held propor- (4) the basis upon which the prospective FRAUD.— tionately liable who is liable to make the plaintiff seeks that remedy; and (1) IN GENERAL.—Notwithstanding sub- same payment and has paid less than that (5) the name, title, address, and telephone section (a), the liability of a defendant in a other defendant’s proportionate share of that number of any individual who has authority Y2K action is joint and several if the trier of payment; or to negotiate a resolution of the dispute on fact specifically determines that the (D) from any other person responsible for behalf of the prospective plaintiff. defendant— the conduct giving rise to the payment that (b) PERSON TO WHOM NOTICE TO BE SENT.— (A) acted with specific intent to injure the would have been liable to make the same The notice required by subsection (a) shall plaintiff; or payment. be sent— (B) knowingly committed fraud. (3) NONDISCLOSURE TO JURY.—The standard (1) to the registered agent of the prospec- (2) FRAUD; RECKLESSNESS.— for allocation of damages under subsection tive defendant for service of legal process; (A) KNOWING COMMISSION OF FRAUD DE- (a) and subsection (b)(1), and the procedure (2) if the prospective defendant does not SCRIBED.—For purposes of subsection for reallocation of uncollectible shares under have a registered agent, then to the chief ex- (b)(1)(B)(ii) and paragraph (1)(B) of this sub- paragraph (1) of this subsection, shall not be ecutive officer of a corporation, the man- section, a defendant knowingly committed disclosed to members of the jury. aging partner of a partnership, the propri- fraud if the defendant— (e) SETTLEMENT DISCHARGE.— etor of a sole proprietorship, or to a simi- (i) made an untrue statement of a material (1) IN GENERAL.—A defendant who settles a larly-situated person for any other enter- fact, with actual knowledge that the state- Y2K action at any time before final verdict prise; or ment was false; or judgment shall be discharged from all (3) if the prospective defendant has des- (ii) omitted a fact necessary to make the claims for contribution brought by other ignated a person to receive pre-litigation no- statement not be misleading, with actual persons. Upon entry of the settlement by the tices on a Year 2000 Internet Website (as de- knowledge that, as a result of the omission, court, the court shall enter a bar order con- fined in section 3(7) of the Year 2000 Informa- the statement was false; and stituting the final discharge of all obliga- tion and Readiness Disclosure Act), to the (iii) knew that the plaintiff was reasonably tions to the plaintiff of the settling defend- designated person, if the prospective plain- likely to rely on the false statement. ant arising out of the action. The order shall tiff has reasonable access to the Internet. (B) RECKLESSNESS.—For purposes of sub- bar all future claims for contribution arising (c) RESPONSE TO NOTICE.— section (b)(1)(B) and paragraph (1) of this out of the action— (1) IN GENERAL.—Within 30 days after re- subsection, reckless conduct by the defend- (A) by any person against the settling de- ceipt of the notice specified in subsection (a), ant does not constitute either a specific in- fendant; and each prospective defendant shall send by cer- (B) by the settling defendant against any tent to injure, or the knowing commission of tified mail with return receipt requested to person other than a person whose liability fraud, by the defendant. each prospective plaintiff a written state- has been extinguished by the settlement of (3) RIGHT TO CONTRIBUTION NOT AFFECTED.— ment acknowledging receipt of the notice, Nothing in this section affects the right, the settling defendant. and describing the actions it has taken or (2) REDUCTION.—If a defendant enters into a under any other law, of a defendant to con- will take to address the problem identified settlement with the plaintiff before the final tribution with respect to another defendant by the prospective plaintiff. verdict or judgment, the verdict or judgment found under subsection (b)(1)(B), or deter- (2) WILLINGNESS TO ENGAGE IN ADR.—The shall be reduced by the greater of— Written statement shall state whether the mined under paragraph (1)(B) of this sub- (A) an amount that corresponds to the per- prospective defendant is willing to engage in section, to have acted with specific intent to centage of responsibility of that defendant; alternative dispute resolution. injure the plaintiff or to have knowingly or (3) INADMISSIBILITY.—A written statement committed fraud. (B) the amount paid to the plaintiff by required by this paragraph is not admissible (d) SPECIAL RULES.— that defendant. in evidence, under Rule 408 of the Federal (1) UNCOLLECTIBLE SHARE.— (f) GENERAL RIGHT OF CONTRIBUTION.— (A) IN GENERAL.—Notwithstanding sub- (1) IN GENERAL.—A defendant who is jointly Rules of Evidence or any analogous rule of section (a), if, upon motion not later than 6 and severally liable for damages in any Y2K evidence in any State, in any proceeding to months after a final judgment is entered in action may recover contribution from any prove liability for, or the invalidity of, a any Y2K action, the court determines that other person who, if joined in the original ac- claim or its amount, or otherwise as evi- all or part of the share of the judgment tion, would have been liable for the same dence of conduct or statements made in com- against a defendant for compensatory dam- damages. A claim for contribution shall be promise negotiations. ages is not collectible against that defend- determined based on the percentage of re- (4) PRESUMPTIVE TIME OF RECEIPT.—For ant, then each other defendant in the action sponsibility of the claimant and of each per- purposes of paragraph (1), a notice under sub- is liable for the uncollectible share as fol- son against whom a claim for contribution is section (a) is presumed to be received 7 days lows: made. after it was sent. (i) PERCENTAGE OF NET WORTH.—The other (2) STATUTE OF LIMITATIONS FOR CONTRIBU- (d) FAILURE TO RESPOND.—If a prospective defendants are jointly and severally liable TION.—An action for contribution in connec- defendant— for the uncollectible share if the plaintiff es- tion with a Y2K action shall be brought not (1) fails to respond to a notice provided tablishes that— later than 6 months after the entry of a pursuant to subsection (a) within the 30 days (I) the plaintiff is an individual whose re- final, nonappealable judgment in the Y2K ac- specified in subsection (c)(1); or coverable damages under the final judgment tion, except than an action for contribution (2) does not describe the action, if any, the are equal to more than 10 percent of the net brought by a defendant who was required to prospective defendant has taken, or will worth of the plaintiff; and make an additional payment under sub- take, to address the problem identified by (II) the net worth of the plaintiff is less section (d)(1) may be brought not later than the prospective plaintiff, than $200,000. 6 months after the date on which such pay- the prospective plaintiff may immediately (ii) OTHER PLAINTIFFS.—For a plaintiff not ment was made. commence at legal action against that pro- described in clause (i), each of the other de- (g) MORE PROTECTIVE STATE LAW NOT PRE- spective defendant. fendants is liable for the uncollectible share EMPTED.—Nothing in this section pre-empts (e) REMEDIATION PERIOD.— in proportion to the percentage of responsi- or supersedes any provision of State statu- (1) IN GENERAL.—If the prospective defend- bility of that defendant, except that the tory law that— ant responds and proposes remedial action it total liability of a defendant under this (1) limits the liability of a defendant in a will take, of offers to engage in alternative clause may not exceed 50 percent of the pro- Y2K action to a lesser amount than the dispute resolution, then the prospective portionate share of that defendant, as deter- amount determined under this section; or plaintiff shall allow the prospective defend- mined under subsection (b)(2). (2) otherwise affords a greater degree of ant an additional 60 days from the end of the (B) OVERALL LIMIT.—The total payments protection from joint or several liability 30-day notice period to complete the pro- required under subparagraph (A) from all de- than is afforded by this section. posed remedial action before commencing a April 27, 1999 CONGRESSIONAL RECORD — SENATE S4305 legal action against that prospective defend- festations of the material defects and the trademark, or service-mark action, or any ant. facts supporting a conclusion that the de- claim for defamation or invasion of privacy (2) EXTENSION BY AGREEMENT.—The pro- fects are material. under Federal or State law. spective plaintiff and prospective defendant (d) REQUIRED STATE OF MIND.—In any Y2K (d) CERTAIN OTHER ACTIONS.—A person lia- may change the length of the 60-day remedi- action in which a claim is asserted on which ble for damages, whether by settlement or ation period by written agreement. the plaintiff may prevail only on proof that judgment, in a civil action to which this Act (3) MULTIPLE EXTENSIONS NOT ALLOWED.— the defendant acted with a particular state does not apply because of section 4(c), whose Except as provided in paragraph (2), a de- of mind, there shall be filed with the com- liability, in whole or in part, is the result of fendant in a Y2K action is entitled to no plaint, with respect to each element of that a Y2K failure may, notwithstanding any more than one 30-day period and one 60-day claim, a statement of the facts giving rise to other provision of this Act, pursue any rem- remediation period under paragraph (1). a strong inference that the defendant acted edy otherwise available under Federal or (4) STATUTES OF LIMITATION, ETC., TOLLED.— with the required state of mind. State law against the person responsible for Any applicable statute of limitations or doc- SEC. 9. DUTY TO MITIGATE. that Y2K failure to the extent of recovering trine of laches in a Y2K action to which Damages awarded in any Y2K action shall the amount of those damages. paragraph (1) applies shall be tolled during exclude compensation for damages the plain- SEC. 13. STATE OF MIND; BYSTANDER LIABILITY; the notice and remediation period under that tiff could reasonably have avoided in light of CONTROL. paragraph. any disclosure or other information of which (a) DEFENDANT’S STATE OF MIND.—In a Y2K (f) FAILURE TO PROVIDE NOTICE.—If a de- the plaintiff was, or reasonably should have action other than a claim for breach of repu- fendant determines that a plaintiff has filed been, aware, including information made diation of contract, and in which the defend- a Y2K action without providing the notice available by the defendant to purchasers or ant’s actual or constructive awareness of an specified in subsection (a) or without await- users of the defendant’s product or services actual or potential Y2K failure is an element ing the expiration of the appropriate waiting concerning means of remedying or avoiding of the claim, the defendant is not liable un- period specified in subsection (c), the defend- the Y2K failure. less the plaintiff establishes that elements of ant may treat the plaintiff’s complaint as SEC. 10. APPLICATION OF EXISTING IMPOS- the claim by clear and convincing evidence. such a notice by so informing the court and SIBILITY OR COMMERCIAL IMPRAC- (b) LIMITATION ON BYSTANDER LIABILITY the plaintiff. If any defendant elects to treat TICABILITY DOCTRINES. FOR Y2K FAILURES.— the complaint as such a notice— In any Y2K action for breach or repudi- (1) IN GENERAL.—With respect to any Y2K (1) the court shall stay all discovery and ation of contract, the applicability of the action for money damages in which— all other proceedings in the action for the doctrines of impossibility and commercial (A) the defendant is not the manufacturer, appropriate period after filing of the com- impracticability shall be determined by the seller, or distributor of a product, or the pro- plaint; and law in existence on January 1, 1999. Nothing vider of a service, that suffers or causes the (2) the time for filing answers and all other in this Act shall be construed as limiting or Y2K failure at pleadings shall be tolled during the appro- impairing a party’s right to assert defenses (B) the plaintiff is not in substantial priv- priate period. based upon such doctrines. ity with the defendant; and (g) EFFECT OF CONTRACTUAL OR STATUTORY SEC. 11. DAMAGES LIMITATION BY CONTRACT. (C) the defendant’s actual or constructive WAITING PERIODS.—In cases in which a con- In any Y2K action for breach or repudi- awareness of an actual or potential Y2K fail- tract, or a statute enacted before January 1, ation of contract, no party may claim, nor ure is an element of the claim under applica- 1999, requires notice of non-performance and be awarded, any category of damages unless ble law, provides for a period of delay prior to the ini- such damages are allowed— the defendant shall not be liable unless the tiation of suit for breach or repudiation of (1) by the express terms of the contract; or plaintiff, in addition to establishing all other contract, the period of delay provided by (2) if the contract is silent on such dam- requisite elements of the claim, proves by contract or the statute is controlling over ages, by operation of State law at the time clear and convincing evidence that the de- the waiting period specified in subsections the contract was effective or by operation of fendant actually knew, or recklessly dis- (c) and (d). Federal law. regarded a known and substantial risk, that (h) STATE LAW CONTROLS ALTERNATIVE SEC. 12. DAMAGES IN TORT CLAIMS. such failure would occur. METHODS.—Nothing in this section super- (a) IN GENERAL.—A party to a Y2K action (2) SUBSTANTIAL PRIVITY.—For purposes of sedes or otherwise preempts any State law or making a tort claim may not recover dam- paragraph (1)(B), a plaintiff and a defendant rule of civil procedure with respect to the ages for economic loss unless— are in substantial privity when, in a Y2K ac- use of alternative dispute resolution for Y2K (1) the recovery of such losses is provided tion arising out of the performance of profes- actions. for in a contract to which the party seeking sional services, the plaintiff and the defend- (i) PROVISIONAL REMEDIES UNAFFECTED.— to recover such losses is a party; or ant either have contractual relations with Nothing in this section interferes with the (2) such losses result directly from damage one another or the plaintiff is a person who, right of a litigant to provisional remedies to tangible personal or real property caused prior to the defendant’s performance of such otherwise available under Rule 65 of the Fed- by the Y2K failure (other than damage to services, was specifically identified to and eral Rules of Civil Procedure or any State property that is the subject of the contract acknowledged by the defendant as a person rule of civil procedure providing extraor- between the parties to the Y2K action or, in for whose special benefit the services were dinary or provisional remedies in any civil the event there is no contract between the being performed. action in which the underlying complaint parties, other than damage caused only to (3) CERTAIN CLAIMS EXCLUDED.—For pur- seeks both injunctive and monetary relief. the property that experienced the Y2K fail- poses of paragraph (1)(C), claims in which the (j) SPECIAL RULE FOR CLASS ACTIONS.—For ure), defendant’s actual or constructive awareness the purpose of applying this section to a Y2K and such damages are permitted under appli- of an actual or potential Y2K failure is an action that is maintained as a class action in cable State law. element of the claim under applicable law do Federal or State court, the requirements of (b) ECONOMIC LOSS.—For purposes of this not include claims for negligence but do in- the preceding subsections of this section section only, and except as otherwise specifi- clude claims such as fraud, constructive apply only to named plaintiffs in the class cally provided in a valid and enforceable fraud, breach of fiduciary duty, negligent action. written contract between the plaintiff and misrepresentation, and interference with SEC. 8. PLEADING REQUIREMENTS. the defendant in a Y2K action, the term contract or economic advantage. (a) APPLICATION WITH RULES OF CIVIL PRO- ‘‘economic loss’’— (c) CONTROL NOT DETERMINATIVE OF LIABIL- CEDURE.—This section applies exclusively to (1) means amounts awarded to compensate ITY.—The fact that a Y2K failure occurred in Y2K actions and, except to the extent that an injured party for any loss other than an entity, facility, system, product, or com- this section requires additional information losses described in subsection (a)(2); and ponent that was sold, leased, rented, or oth- to be contained in or attached to pleadings, (2) includes amounts awarded for damages erwise within the control of the party nothing in this section is intended to amend such as— against whom a claim is asserted in a Y2K or otherwise supersede applicable rules of (A) lost profits or sales; action shall not constitute the sole basis for Federal or State civil procedure. (B) business interruption; recovery of damages in that action. A claim (b) NATURE AND AMOUNT OF DAMAGES.—In (C) losses indirectly suffered as a result of in a Y2K action for breach or repudiation of all Y2K actions in which damages are re- the defendant’s wrongful act or omission; contract for such a failure is governed by the quested, there shall be filed with the com- (D) losses that arise because of the claims terms of the contract. plaint a statement of specific information as of third parties; SEC. 14. LIABILITY OF OFFICERS, DIRECTORS, to the nature and amount of each element of (E) losses that must be plead as special AND EMPLOYEES. damages and the factual basis for the dam- damages; and (a) IN GENERAL.—A director, officer, trust- ages calculation. (F) consequential damages (as defined in ee, or employee of a business or other organi- (c) MATERIAL DEFECTS.—In any Y2K action the Uniform Commercial Code or analogous zation (including a corporation, unincor- in which the plaintiff alleges that there is a State commercial law). porated association, partnership, or non- material defect in a product or service, there (c) CERTAIN ACTIONS EXCLUDED.—This sec- profit organization) is not personally liable shall be filed with the complaint a statement tion does not affect, abrogate, amend, or in any Y2K action in that person’s capacity of specific information regarding the mani- alter any patent, copyright, trade-secret, as a director, officer, trustee, or employee of S4306 CONGRESSIONAL RECORD — SENATE April 27, 1999 the business or organization for more than (C) the claims asserted will be governed (1) the defendant previously made a good the greater of— primarily by the law of that State, or faith effort to effectively remediate Y2K (1) $100,000; or the primary defendants are States, State of- problems; (2) the amount of pre-tax compensation re- ficials, or other governmental entities (2) a Y2K upset occurred as a result of a ceived by the director, officer, trustee, or against whom the United States District Y2K system failure or other Y2K emergency; employee from the business or organization Court may be foreclosed from ordering relief. (3) noncompliance with the applicable fed- during the 12 months immediately preceding (D) This section shall become effective one erally enforceable requirement was unavoid- the act or omission for which liability is im- day after the date of enactment. able in the face of a Y2K emergency or was posed. intended to prevent the disruption of critical (b) EXCEPTION.—Subsection (a) does not INHOFE AMENDMENT NO. 272 functions or services that could result in the apply in any Y2K action in which it is found (Ordered to lie on the table.) harm of life or property; by clear and convincing evidence that the di- Mr. INHOFE submitted an amend- (4) upon identification of noncompliance rector, officer, trustee, or employee— ment intended to be proposed by him the defendant invoking the defense began (1) made statements intended to be mis- immediate actions to remediate any viola- leading regarding any actual or potential to the bill, S. 96, supra; as follows: tion of federally enforceable requirements; year 2000 problem; or At the appropriate place, insert the fol- and (2) withheld from the public significant in- lowing: (5) the defendant submitted notice to the formation there was a legal duty to disclose SEC. ll. Y2K REGULATORY AMNESTY ACT OF appropriate Federal regulatory authority of regarding any actual or potential year 2000 1999. a Y2K upset within 72 hours from the time problem of that business or organization (a) SHORT TITLE.—This section may be that it became aware of the upset. which would likely result in actionable Y2K cited as the ‘‘Y2K Regulatory Amnesty Act (d) GRANT OF A Y2K UPSET DEFENSE.—Sub- failure. of 1999’’. ject to the other provisions of this section, (b) DEFINITIONS.—In this section: (c) STATE LAW, CHARTER, OR BYLAWS.— the Y2K upset defense shall be a complete de- (1) DEFENDANT.— Nothing in this section supersedes any provi- fense to any action brought as a result of (A) IN GENERAL.—The term ‘‘defendant’’ in- sion of State law, charter, or a bylaw author- noncompliance with federally enforceable re- cludes a State or local government. ized by State law in existence on January 1, quirements for any defendant who estab- (B) STATE.—The term ‘‘State’’ means each 1999, that establishes lower financial limits lishes by a preponderance of the evidence of the several States of the United States, on the liability of a director, officer, trustee, that the conditions set forth in subsection the District of Columbia, the Commonwealth or employee of such a business or organiza- (c) are met. of Puerto Rico, the Virgin Islands, Guam, tion. (e) LENGTH OF Y2K UPSET.—The maximum American Samoa, and the Commonwealth of allowable length of the Y2K upset shall be SEC. 15. APPOINTMENT OF SPECIAL MASTERS OR the Northern Mariana Islands. MAGISTRATES FOR Y2K ACTIONS. not more than 30 days beginning on the date (C) LOCAL GOVERNMENT.—The term ‘‘local of the upset unless granted specific relief by Any District Court of the United States in government’’ means— which a Y2K action is pending may appoint the appropriate regulatory authority. (i) any county, city, town, township, par- (f) VIOLATION OF A Y2K UPSET.—Fraudulent a special master or a magistrate to hear the ish, village, or other general purpose polit- use of the Y2K upset defense provided for in matter and to make findings of fact and con- ical subdivision of a State; and this section shall be subject to penalties pro- clusions of law in accordance with Rule 53 of (ii) any combination of political subdivi- vided in section 1001 of title 18, United States the Federal Rules of Civil Procedure. sions described in clause (i) recognized by Code. SEC. 16. Y2K ACTIONS AS CLASS ACTIONS. the Secretary of Housing and Urban Develop- (g) EXPIRATION OF DEFENSE.—The Y2K (a) MINIMUM INJURY REQUIREMENT.—A Y2K ment. upset defense may not be asserted for a Y2K action involving a claim that a product or (2) Y2K FAILURE.—The term ‘‘Y2K failure’’ upset occurring after June 30, 2000. service is defective may be maintained as a means any failure by any device or system f class action in Federal or State court as to (including any computer system and any that claim only if— microchip or integrated circuit embedded in NOTICES OF HEARINGS (1) it satisfies all other prerequisites estab- another device or product), or any software, COMMITTEE ON INDIAN AFFAIRS lished by applicable Federal or State law, in- firmware, or other set or collection of proc- Mr. CAMPBELL. Mr. President, I cluding applicable rules of civil procedure; essing instructions, however constructed, in and processing, calculating, comparing, sequenc- would like to announce that the Senate (2) the court finds that the defect in a ing, displaying, storing, transmitting, or re- Committee on Indian Affairs will meet product or service as alleged would be a ma- ceiving date-related data, including— during the session of the Senate on terial defect for the majority of the members (A) the failure to accurately administer or Tuesday, May 4, 1999 at 9:30 a.m. to of the class. account for transitions or comparisons from, conduct an oversight hearing on Cen- (b) NOTIFICATION.—In any Y2K action that into, and between the 20th and 21st cen- sus 2000, Implementation in Indian is maintained as a class action, the court, in turies, and between 1999 and 2000; or Country. The hearing will be held in addition to any other notice required by ap- (B) the failure to recognize or accurately room 485, Russell Senate Building. plicable Federal or State law, shall direct process any specific date, and the failure ac- notice of the action to each member of the curately to account for the status of the year COMMITTEE ON INDIAN AFFAIRS class, which shall include— 2000 as a leap year. Mr. CAMPBELL. Mr. President, I (1) a concise and clear description of the (3) Y2K UPSET.—The term ‘‘Y2K upset’’— would like to announce that the Senate nature of the action; (A) means an exceptional incident involv- Committee on Indian Affairs will meet (2) the jurisdiction where the case is pend- ing temporary noncompliance with applica- during the session of the Senate on ing; and ble federally enforceable requirements be- Wednesday, May 5, 1999 at 9:30 a.m. to (3) the fee arrangements with class coun- cause of factors related to a Y2K failure that sel, including the hourly fee being charged, conduct an oversight hearing on Tribal are beyond the reasonable control of the de- Priority Allocations. The hearing will or, if it is a contingency fee, the percentage fendant charged with compliance; and of the final award which will be paid, includ- (B) does not include— be held in room 485, Russell Senate ing as estimate of the total amount that (i) noncompliance with applicable federally Building. would be paid if the requested damages were enforceable requirements that constitutes or SUBCOMMITTEE ON ENERGY, RESEARCH, to be granted. would create an imminent threat to public DEVELOPMENT, PRODUCTION AND RESOLUTION (c) FORUM FOR Y2K CLASS ACTIONS.— health, safety, or the environment; Mr. NICKLES. Mr. President, I would (1) JURISDICTION.—Except as provided in (ii) noncompliance with applicable feder- like to announce for the information of paragraph (2), a Y2K action may be brought ally enforceable requirements that provide the Senate and the public that a joint as a class action in a United States District for the safety and soundness of the banking Court or removed to a United States District hearing has been scheduled before the or monetary system, including the protec- Subcommittee on Energy Research, Court if the amount in controversy is great- tion of depositors; er than the sum or value of $1,000,000 (exclu- (iii) noncompliance to the extent caused by Development, Production and Regula- sive of interest and costs), computed on the operational error or negligence; tion of the Senate Energy and Natural basis of all claims to be determined in the (iv) lack of reasonable preventative main- Resources Committee and the Sub- action. tenance; or committee on National Economic (2) EXCEPTION.—A Y2K action may not be (v) lack of preparedness for Y2K. Growth, Natural Resources and Regu- brought or removed as a class action under (c) CONDITIONS NECESSARY FOR A DEM- latory Affairs of the House Committee this section if— ONSTRATION OF A Y2K UPSET.—A defendant (A) a substantial majority of the members who wishes to establish the affirmative de- on Government Reform. of the proposed plaintiff class are citizens of fense of Y2K upset shall demonstrate, The hearing will take place on Thurs- a single State; through properly signed, contemporaneous day, May 20, 1999 at 2:30 p.m. in room (B) the primary defendants are citizens of operating logs, or other relevant evidence SD–366 of the Dirksen Senate Office that State; and that— Building in Washington, DC. April 27, 1999 CONGRESSIONAL RECORD — SENATE S4307 The purpose of this hearing is to re- fense for Special Operations and Low committee on Emerging Threats and ceive testimony and conduct oversight Intensity Conflict; and Dr. Lawrence J. Capabilities of the Committee on on the Administration’s FY2000 budget Delaney, to be Assistant Secretary of Armed Services be authorized to meet request for climate change programs the Air Force for Acquisition. at 2:30 p.m. on Tuesday, April 27, 1999, and compliance with various statutory The PRESIDING OFFICER. Without in open session, to receive testimony provisions in FY1999 appropriations objection, it is so ordered. on the threat of international nar- acts requiring detailed accounting of COMMITTEE ON COMMERCE, SCIENCE, AND cotics-trafficking and the role of the climate change spending and perform- TRANSPORTATION Department of Defense in the Nation’s ance measures for each requested in- Mr. MCCAIN. Mr. President, I ask war on drugs. crease in funding. unanimous consent that the Com- The PRESIDING OFFICER. Without Because of the limited time available mittee on Commerce, Science, and objection, it is so ordered. Transportation be allowed to meet on for the hearing, witnesses may testify SUBCOMMITTEE ON IMMIGRATION Tuesday, April 27, 1999, at 9:30 a.m. on by invitation only. However, those Mr. MCCAIN. Mr. President, I ask wishing to submit written testimony OMC/Truck Safety. The PRESIDING OFFICER. Without unanimous consent that the Sub- for the hearing record should send two committee on Immigration, of the Sen- copies of their testimony to the Sub- objection, it is so ordered. COMMITTEE ON ENERGY AND NATURAL ate Judiciary Committee, be author- committee on Energy Research, Devel- ized to meet during the session of the opment, Production and Regulation, RESOURCES Mr. MCCAIN. Mr. President, I ask Senate on Tuesday, April 27, 1999 at 2:15 Committee on Energy and Natural Re- unanimous consent that the Com- p.m. to hold a hearing in room 226, Sen- sources, United States Senate, 364 mittee on Energy and Natural Re- ate Dirksen Office Building, on: ‘‘The Dirksen Senate Office Building, Wash- sources be granted permission to meet Need for Additional Border Patrol at ington, DC 20510–6150. during session of the Senate on Tues- the Northern and Southern Borders.’’ For further information, please call day, April 27, for purposes of con- The PRESIDING OFFICER. Without Colleen Deegan, Counsel, or Julia ducting a full committee hearing objection, it is so ordered. McCaul, Staff Assistant at (202) 224– which is scheduled to begin at 9:30 a.m. 8115 in the Senate. In the House, please f The purpose of this hearing is to re- contact Marlo Lewis, Staff Director, or ceive testimony on S. 25, the Conserva- ADDITIONAL STATEMENTS Barbara Kahlow, Professional Staff tion and Reinvestment Act of 1999; S. Member at (202) 225–4407. 446, the Resources 2000 Act; S. 532, the SUBCOMMITTEE ON ENERGY RESEARCH, Public Land and Recreation Invest- THE BUILDING OF SISSETON FIRE DEVELOPMENT, PRODUCTION AND REGULATION ment Act of 1999; S. 819, the National HALL Mr. NICKLES. Mr. President, I would Park Preservation Act; and the Admin- ∑ Mr. JOHNSON. Mr. President, I want like to announce for the information of istration’s Lands Legacy proposal. to take this opportunity to recognize the Senate and the public that a hear- The PRESIDING OFFICER. Without an extraordinary group of citizens who ing has been scheduled before the Sub- objection, it is so ordered. came together to address their commu- committee on Energy Research, Devel- COMMITTEE ON FINANCE nity needs in building a new fire hall. opment, Production and Regulation. Mr. MCCAIN. Mr. President, the Fi- The old facility, which has served so The hearing will take place on Thurs- nance Committee requests unanimous faithfully for so many decades, had day, May 20, 1999 at 2 p.m. in room SD– consent to conduct a hearing on Tues- reached the limits of its productivity 366 of the Dirksen Senate Office Build- day, April 27, 1999 beginning at 10 a.m. in February 1997, when the record ing in Washington, DC. in room 215 Dirksen. The purpose of this hearing is to re- snowfall created great stress on the The PRESIDING OFFICER. Without roof. The need for action was imme- ceive testimony on S. 348, to authorize objection, it is so ordered. and facilitate a program to enhance diate, and the Sisseton Community re- COMMITTEE ON FOREIGN RELATIONS training, research and development, sponded quickly. Members of the Mr. MCCAIN. Mr. President, I ask Sisseton Fire Department and Roberts energy conservation and efficiency, unanimous consent that the Com- and consumer education in the oilheat County Rescue mounted a financial mittee on Foreign Relations be author- campaign to raise the additional industry for the benefit of oilheat con- ized to meet during the session of the sumers and the public, and for other money needed above what national, Senate on Tuesday, April 27, 1999 at 2:30 state, tribal, and local governments purposes. p.m. to hold a hearing. Because of the limited time available were able to provide. Fire fighters and The PRESIDING OFFICER. Without rescue volunteers donated extra time for the hearing, witnesses may testify objection, it is so ordered. by invitation only. However, those by holding fundraising activities in ad- COMMITTEE ON HEALTH, EDUCATION, LABOR, dition to their fire and rescue respon- wishing to submit written testimony AND PENSIONS for the hearing record should send two sibilities. Local businesses and individ- Mr. MCCAIN. Mr. President, I ask uals responded generously. The new copies of their testimony to the Sub- unanimous consent that the Com- committee on Energy Research, Devel- fire hall is now a reality. It has become mittee on Health, Education, Labor, a true emergency operating center that opment, Production and Regulation, and Pensions be authorized to meet for the entire Sisseton community can Committee on Energy and Natural Re- a hearing on ‘‘Medical Records Pri- look toward with pride. sources, United States Senate, 364 vacy’’ during the session of the Senate I commend the entire community for Dirksen Senate Office Building, Wash- on Tuesday, April 27, 1999, at 9:30 a.m. ington, DC 20510–6150. The PRESIDING OFFICER. Without this exemplary effort, and hold it up as For further information, please call objection, it is so ordered. a shining example of the sense of com- munity which still exists in places like Colleen Deegan, Counsel, or Julia COMMITTEE ON THE JUDICIARY Sisseton, SD.∑ McCaul, Staff Assistant at (202) 224– Mr. MCCAIN. Mr. President, I ask 8115. unanimous consent that the Com- f f mittee on the Judiciary, be authorized MAESTRO COLMAN PEARCE to hold an executive business meeting AUTHORITY FOR COMMITTEES TO ∑ Mr. COCHRAN. Mr. President, when MEET during the session of the Senate on Tuesday, April 27, 1999, at 10 a.m., in the Mississippi Symphony Orchestra COMMITTEE ON ARMED SERVICES room 226 of the Senate Dirksen Office concludes its 54th season with its tradi- Mr. MCCAIN. Mr. President, I ask Building. tional ‘‘Pops Concert’’ in Jackson on unanimous consent that the Com- The PRESIDING OFFICER. Without May 7, Maestro Colman Pearce will re- mittee on Armed Services be author- objection, it is so ordered. tire after twelve years as music direc- ized to meet on Tuesday, April 27, 1999, SUBCOMMITTEE ON EMERGING THREATS AND tor and principal conductor. During his at 9:30 a.m. in open session, to consider CAPABILITIES tenure, Pearce has brought life and the nominations of Mr. Brian E. Sheri- Mr. MCCAIN. Mr. President, I ask vigor to the mission of the Mississippi dan, to be Assistant Secretary of De- unanimous consent that the Sub- Symphony Orchestra. He has projected S4308 CONGRESSIONAL RECORD — SENATE April 27, 1999 enormous energy into the task of de- Zananelli (‘‘The Steadfast Tin Sol- broadened the orchestra’s constitu- veloping audiences from preschoolers dier’’), and an adaptation of the Dr. ency. to senior citizens, and all ages in be- Seuss classic, ‘‘Green Eggs and Ham’’, When Colman came to Mississippi tween. to the delight of the young audiences. twelve years ago, he immediately ac- Maestro Pearce is a gifted conductor Academic and Performing Arts Com- cepted and embraced the best in Mis- of international renown with a bril- plex.—This branch of the Jackson Pub- sissippians and set about adding value liant knowledge of musical styles and lic School system has been supported to the state through his development repertoire. He is an equally gifted pian- by Colman through lectures, by allow- of the orchestra. With his Irish charm, ist and composer. His keen Irish wit, ing students to attend orchestra re- good humor, talent, artistic commit- personal charm, enthusiasm, and intel- hearsals, and through invitations to ment, and resourceful programming, he lect, combined with a willingness to music and dance students to actually has also won the hearts of many Mis- spread the joy of music whenever and perform with the Symphony. sissippians who now bid him ‘‘Goodbye, wherever, and special gifts. Young Artist Competition.—In addi- and Godspeed.’’∑ When Colman came to Mississippi in tion to showcasing young talent when- f 1987, he found a group of superb play- ever possible, Colman has judged com- ers, an enthusiastic Board of Gov- petitions, offering insightful feedback TRIBUTE TO MR. GEORGE RING ernors, and a loyal army of volunteers to contestants. Winners have often known as the Symphony League. He been invited to perform with the Cham- ∑ Mr. TORRICELLI. Mr. President, I was aware of a financial deficit, of un- ber Orchestra. rise today to recognize George Ring rest among the musicians, and of de- Family Fun Concerts.—In addition to who is being honored by Catholic Com- clining audience support. Quickly gar- enjoyable and easy listening music per- munity Services, the largest non-profit nering the support of the board, league formed by the Symphony, the concerts social service agency in the state of and the musicians, Maestro Pearce have featured other attractions, such New Jersey. Headquartered in Newark, forged ahead. After a few successful as mimes, dancers, and storytellers, in CCS serves more than 200,000 poor and seasons, he led the orchestra into a casual setting. Colman’s final Family disadvantaged citizens throughout statewide status and it became the Fun Concert featured a performance of northern New Jersey. George has been Mississippi Symphony. Walter Anderson’s ‘‘Robinson the Cat,’’ an ardent supporter of this organiza- Colman’s musicianship, intellect, vi- a work composed by Maestro Pearce in tion and is most deserving of this sion, and savoir faire have made him collaboration with mezzo-soprano Les- honor. an appealing stage presence in venues ter Senter Wilson. George has served New Jersey and beyond the formal concert halls. He Pops Concerts.—Old Trace Park at the nation in many capacities. After has taken the MSO everywhere audi- the Reservoir has been the scene of the graduating from Seton Hall University, ences can be found—ball parks, schools, Symphony Pops for many years, with George joined the United States Army city streets, shopping malls, theaters, residents of a five county area gath- and served from 1966–1969 as a Platoon lakesides, and beaches. Thousands of ering on the shore (and in the water) Leader, Company Commander, and Mississippians have come to recognize for an early summer evening concert of General’s Aide. He received multiple Colman and the musicians by name and semi-classical and popular music. awards and citations for his service, in- by instrument. They have identified The Messiah.—Under the direction of cluding the Distinguished Service with the Symphony as a Mississippi Maestro Pearce, the Mississippi Sym- Cross, the Silver Star, Oak Leaf Clus- ‘‘product’’ of which they are proud. The phony Orchestra has presented the ‘‘de- ter, and a Presidential Unit Citation. Symphony has become an accessible finitive’’ performance of Handel’s After working several years in the commodity across the State. Christmas classic in Thalia Mara Hall banking industry, George co-founded Upgrading the quality of musical of- each December. Soloists are chosen Cross Country Cable, Ltd. This firm ferings, especially in formal concert from throughout the state, and choirs was involved in the ownership, con- halls, has been his major focus. How- from the state’s colleges and univer- struction and operation of cable tele- ever, he has expanded the goals and sities have been showcased. In recent vision and microwave systems inside outreach to include programs at all years, the famed Mississippi Chorus the United States and around the levels: has been featured. world. In 1995, he sold this company Chamber Orchestra.—Twenty-eight A native of Ireland with an honors and formed a new company, Wireless core musicians present concerts within degree from the National University of Cable International Inc. George is the the regular season at Millsaps College Ireland, Dublin, Colman Pearce studied president and CEO of this new com- Recital Hall and the Briarwood Pres- conducting with Franco Ferrara in pany. byterian Church sanctuary. These con- Hilversum and Hans Swarowsky in Vi- George has been active at his alma certs are viewed as ‘‘learning experi- enna. In 1965, he began a long associa- mater and in his community. At Seton ences’’ since the programs are always tion with the Irish National Broad- Hall University, he is a member of the sprinkled with biographical data and casting Organization, serving as Co- Executive and Finance Committees of interesting anecdotes about the com- principal, Principal, and now Con- the Board of Regents and is a member posers whose works are being per- ductor Laureate of the Irish Radio and of the Board of Trustees. He is also a formed. Programming is innovative, Television Symphony Orchestra (now recipient of the ‘‘Distinguished Alum- often including contemporary music. called the National Symphony Orches- nus Award’’ from Seton Hall Univer- Colman plays twentieth century music tra.) In the years prior to accepting his sity and Union High School. with flair, challenging the under- position with the Mississippi Sym- In addition, George has served on the standing and enjoyment of both the phony Orchestra and since, he has boards of several visual arts programs musicians and their audiences. maintained a busy schedule as a guest and symphony orchestras as well as Children’s Concerts.—More than 4,000 conductor in other parts of the United New Jersey Public Broadcasting. He is children in grades three, four, and five States, and in Brazil, Canada, Argen- a past President of the Watchung-War- literally pack Jackson’s city audito- tina, Germany, France, Belgium, Swe- ren Rotary Club and has been active rium annually when Colman directs den, Spain, Iceland, Israel, Hungary, with local youth sports leagues. He has the special concerts. He assists teach- and in the United Kingdom. given his financial support to numer- ers in area schools in the preparation Maestro Pearce will now concentrate ous schools and charities. Catholic of study materials to acquaint students upon his activities as a pianist, ar- Community Services has been one of with the program they will hear. ranger and composer, his recordings of the grateful recipients of George’s gen- Kinderconcerts.—Programs are contemporary works, and upon guest erosity. He has spent countless hours planned according to the attention conducting from his home in Dublin. fundraising on behalf of CCS. For his span of pre-school children with em- Colman leaves the Mississippi Sym- acts of philanthropy and his visible phasis on short classical and new phony Orchestra financially sound, role in the community, I am proud to music. Colman has featured the work having established record setting sea- recognize George Ring as he is honored of Mississippi composer Luigi son ticket sales and significantly by CCS.∑ April 27, 1999 CONGRESSIONAL RECORD — SENATE S4309 HONORING PROFESSOR M. CHERIF Court, and for his dedication to pro- over Louisiana so that citizens could BASSIOUNI tecting human rights, Professor become better informed about the im- ∑ Mr. DURBIN. Mr. President, as re- Bassiouni has been nominated for the portant business that was being con- ports come in detailing the events in 1999 Nobel Peace Prize. The nominating ducted in their behalf. Kosovo, the ‘‘ethnic cleansing’’ and organization, the International and Of course, Douglas Manship’s immi- terror that has forced over a million Scientific Professional Advisory Coun- nent fairness and objectivity didn’t people from their homes, sadness fills cil of the UN has said that Professor stop him from expressing his opinion our hearts. Less than two weeks ago I Bassiouni was the ‘‘single most driving and using his newspaper to champion a traveled to the Balkans and visited a force behind the global decision to es- cause when he believed his state and refugee camp, filled with thousands of tablish the International Criminal his community could do better. In the people, that had been an empty field Court.’’ This court prosecutes and early 1960s, long before other southern just weeks before. We are often so im- brings to justice internationally, those media leaders recognized the need for mersed in the accounts of those sur- who have committed crimes against racial integration, Douglas Manship vivors who have lived through the suf- humanity. His accomplishments in this used his position at WBRZ-TV to bring fering that we forget about the men field have caused Professor Bassiouni Baton Rouge community leaders to- and women who have dedicated their to be known as the ‘‘father of the gether to discuss ways to peacefully lives to ease this pain, and to bringing International Criminal Court.’’ achieve racial integration. WBRZ’s those who abuse human rights to jus- Professor Bassiouni has been a great courageous advocacy on behalf of de- tice. asset to the people of all nations. It segregation resulted in threats of vio- Today, I rise to recognize M. Cherif was his dedication and perseverance, in lence against Manship and his station. Bassiouni of Chicago, Illinois for his the face of great odds, that helped cre- But he never backed down. And I be- selflessness and dedication to bringing ate an institution that holds account- lieve that Baton Rouge made great those who commit crimes against hu- able those who choose to commit strides because of principled leaders manity to justice. Professor Bassiouni, human rights abuses. The vision of like Douglas Manship who put the well- facing great personal risk and many Professor Bassiouni has culminated in being of his community ahead of his obstacles, has visited many war-torn a system that ensures that those who economic interests. sections of Bosnia and Croatia, docu- commit crimes against humanity do Nothing distinguished Douglas menting the atrocities and crimes that not go unpunished. Manship more than the strength of his have been committed there. His 3,500 Mr. President, M. Cherif Bassiouni character and his strong sense, as he pages of analysis, backed by 300 hours has made an important difference in put it, of who he was. ‘‘If there is any of videotape and 65,000 documents the battle against human rights attribute that I have that has any served as the foundation for the Inter- abuses. It is my pleasure to rise today meaning,’’ he once said, ‘‘it is that I national Criminal Tribunal for the to pay tribute to his extraordinary know exactly who I am. That’s where former Yugoslavia. Professor Bassiouni work and to congratulate him on his you get into trouble . . . when you has also played a key role in the UN Nobel Peace Prize nomination.∑ think you are something you are not. I Convention against Torture. believe that after all these years I have Professor Bassiouni has often been a f learned who I am, what my limitations powerful voice insisting that violators TRIBUTE TO DOUGLAS MANSHIP, of human rights be brought to justice. are.’’ SR. Mr. President, today we remember Professor Bassiouni is a Professor of ∑ Mr. BREAUX. Mr. President, Lou- Douglas Manship as a principled com- Law and President of the International isiana is today mourning the loss of a Human Rights Law Institute at DePaul munity leader, a courageous and fair- giant in the news media, Douglas University in Chicago. The global im- minded journalist and a loving father Manship, Sr., the chairman emeritus of pact of his work, dating back to 1964, and husband. I know that I join with the Baton Rouge Advocate and the has led to the creation of the Inter- the entire journalistic community of founder of WBRZ-TV in Baton Rouge. national Criminal Court. A citizen of my state in saying that his presence Douglas Manship devoted nearly all both the United States and Egypt, Pro- and leadership will be sorely missed.∑ of his 80 years to providing the citizens fessor Bassiouni is known and re- f spected around the world for his ac- of Louisiana with timely, objective and thorough coverage of the day-to-day HONORING THE ARMENIAN VIC- complishments. He is the President of TIMS OF THE OTTOMAN EMPIRE the Association Internationale de Troit events of our state. In the process, he Penal and President of the Inter- and his family have always set the ∑ Mr. FEINGOLD. Mr. President, I rise national Institute of Higher Studies in standard for excellence in news report- today to honor the memory of the 1.5 Criminal Science. ing in Louisiana, winning dozens of million ethnic Armenians that were Professor Bassiouni has accomplished statewide, regional and national jour- systematically murdered at the hands a great deal in his effort to see that nalism awards. of the Ottoman Empire from 1915–1923. human rights are respected. In 1977, For most of this century, the The 84th anniversary of the beginning Bassiouni co-chaired the committee Manship name has been synonymous of this brutal annihilation was marked that drafted the U.N. Convention with journalism in Louisiana. In fact, on April 24. Against Torture. He was appointed the the school of mass communications at During this nine year period, another independent expert by the U.N. Com- our state’s flagship institution of high- 250,000 ethnic Armenians were forced to mission on Human Rights to draft the er learning, Louisiana State Univer- flee their homes to escape the certain statute establishing international ju- sity, bears the Manship name and has death that awaited them at the hands risdiction over the implementation of already trained a generation of young of a government-sanctioned force de- the Apartheid Convention of 1981. journalists to follow the example of termined to extinguish their existence. Bassiouni was the Chairman of the journalistic excellence set by Douglas A total of 1.75 million ethnic Arme- U.N. Commission investigating inter- Manship and his family. nians were either slaughtered or forced national humanitarian law violations Those of us who knew Douglas to flee, leaving fewer than 80,000 in in the former Yugoslavia, work that Manship knew him as someone totally what is present-day Turkey. led to the Ad-Hoc Tribunal on the committed to his community and just I have come to the floor to com- Former Yugoslavia in the Hague. His as dedicated to the daily dissemination memorate this horrific chapter in many accomplishments led to his elec- of fair and objective news. In almost human history each year I have been a tion in 1995 as Vice-Chairman of the every way, Douglas Manship was what member of this body, both to honor U.N. General Assembly Committee for a journalist should be. He believed that those who died and to remind the the establishment of the International a public given the facts on a particular American people of the chilling capac- Criminal Tribunal for the former Yugo- issue would invariably make the right ity for violence that, unfortunately, slavia. decision. And he fought tirelessly still exists in the world. It is all too For his work leading to the establish- through his newspaper to throw open clear from the current ethnically and ment of the International Criminal the closed doors of public bodies all religiously motivated conflicts in such S4310 CONGRESSIONAL RECORD — SENATE April 27, 1999 places as Kosovo, Sierra Leone, and In his moving remarks at Temple ple to act ‘‘normally’’ while Jews, their Sudan that we have not learned the Beth Ami, Benjamin Meed, the Presi- neighbors for hundreds of years, burned and lessons of the past. dent of the American Gathering of Hol- died inside the Ghetto walls? But they were The ongoing campaign of violence not the only ones to ignore our plight. In- ocaust Survivors and a survivor him- deed, the entire world stood by. No doors and hate perpetrated by Slobodan self of the Warsaw Ghetto Uprising, were opened, no policies were changed to Milosevic and his thugs against the spoke eloquently before this assembly make rescue possible. Why? The question Kosovar Albanians is but the latest ex- of the importance of overcoming indif- cries out for an answer across the decades. ample of the campaigns of terror car- ference to genocide. Ben Meed has dedi- If only there had been a State of Israel ried out against innocent civilians sim- cated himself to working hard along sixty years ago, how different this story ply because of who they are. These peo- could have been. with many other survivors to ensure Tonight, we especially remember the pas- ple are not combatants and they have that the memory of millions is still sengers on the S.S. St. Louis—more than nine committed no crimes—they are simply with us, and I believe that the United hundred men, women and children. Robbed of ethnic Albanians who wish to live in States Holocaust Memorial Museum is their possessions, stunned and hurt during peace in their homes in Kosovo. But, a fitting and exceptional tribute to his Kristallnacht, and threatened with their because they are ethnic Albanians, efforts. In his words, the Holocaust Mu- lives, many of them were forced to sign they have been murdered or driven out, seum is ‘‘the culmination of our devo- agreements never to return to Germany. Out their possessions have been looted, and tion to Remembrance.’’ on the high seas, powerless to affect their outcome, these nine hundred people floated their homes have been burned. Many Mr. President, I ask unanimous con- between political infighting and immigra- more are hiding in the mountains of sent that Benjamin Meed’s remarks at tion quarrels, both in Cuba and the United Kosovo, caught in a dangerous limbo, Temple Beth Ami be entered into the States. Their fates were in the hands of oth- afraid to try to flee across the border RECORD at this point. ers whom they did not know and with whom to safety and unable to go home. REMARKS BY BENJAMIN MEED they had no influence. Finally accepted by On April 13, we marked Yom It is a special honor to be among such dis- four European nations, many of these pas- Hashoah, the annual remembrance of tinguished colleagues, especially Rabbi Jack sengers were swept into ‘‘the Final Solu- the 6 million Jews who were Luxemburg, vice chairman of the Wash- tion’’ when Western Europe fell to Nazi Ger- ington Jewish Community Council and the many. Why were these nine hundred denied exterminated by Nazi Germany. People entry into this country? Why was this trag- around the world gathered to light can- Rabbi here at Temple Beth Ami; and Manny (Emmanuel) Mandel, chairman of the Jewish edy allowed to happen? dles and read the names of those who If only there had been a State of Israel Community Council’s Holocaust Remem- died. Today, let us take a moment to sixty years ago! brance Committee. This year our commemoration falls within remember the victims of the 1915–1923 In this lovely new sanctuary that in itself the anniversaries of the discovery of Buchen- Armenian genocide, and all the other demonstrates the vibrancy of the Jewish wald concentration camp. On April 11, the community in our nation’s capital, we unite innocent people who have died in the troops of the United States 6th Armored Di- with Jewish people everywhere to remember course of human history at the hands vision rolled into the camp, just one mile those who were robbed and murdered by the of people who hated them simply for outside Weimer, the birthplace of German German Nazis and their collaborators—only who they were.∑ democracy. They were followed by the 80th because they were born as Jews. Infantry Division on April 12, just 54 years f Tonight, as we come together, we remem- ago tonight. These were war-weary, war- ber the people, places and events that shaped HOLOCAUST REMEMBRANCE AT hardened soldiers, but none of their fierce our memories: Memories of our ‘‘childhood,’’ combat had prepared them for Buchenwald— TEMPLE BETH AMI of our parents and siblings, of the world nor for the hundreds of other such camps Mr. SARBANES. Mr. President, I call which is now so far away. We remember the ∑ that American and Allied soldiers came laughter of children at play, the murmur of to the attention of my colleagues the across in their march to end the war in Eu- prayers at Shul, the warm love of our family recent Community-Wide Memorial Ob- rope. servance of Yom HaShoah V’Hagvurah gathered for Shabbos meals. That world was We will always be grateful to these soldiers held at Temple Beth Ami in Rockville, shattered by the German Nazis’ war against for their kindness and generosity, and we the Jews, while the world of bystanders Maryland. I had the privilege of par- will always remember those young soldiers around us was indifferent. who sacrificed their lives to bring us liberty. ticipating in this Holocaust remem- Our memories are full of sorrow. Our Many American GIs who saw the camps brance ceremony sponsored by the Jew- dreams are not dreams, but nightmares of join with us in declaring that genocide must ish Community Council of Greater final separation from those we loved. Parad- not be allowed to happen again. But despite Washington. I commend Temple Beth ing before us, when we sleep, are the experi- the echoes from the Holocaust, it has—in Ami for hosting this annual event and ences we endured—the endless years of Cambodia, in Rwanda, in Bosnia, and now in the Jewish Community Council for pro- ghettoes, labor camps, death camps, hiding Kosovo. places where betrayal was always imminent; viding the community in Maryland and We remember and our hearts go out to the forests and caves of the partisans where those who are caught in the web of destruc- the Washington, D.C. area with so life was always on the line. And no matter tion. many valuable services year-round. where we were, we were always hungry. For many years, we survivors were alone The Holocaust represents the most Each of us has our own story. Fifty-five in our memories. We spoke among ourselves tragic human chapter of the 20th cen- years ago, during the Warsaw Ghetto Upris- about the Holocaust, because no one else tury when six million Jews perished as ing, I was in Krasinski Square, just outside wanted to hear our stories. Still, we believed the result of a systematic and delib- of the walls of the Ghetto. I usually spent that the world must be told—must come to erate policy of annihilation. Holocaust my days in the zoo because I knew that the understand the significance of our experi- animals could not denounce me to the Ger- ences. remembrance is an effort to pay hom- man Nazis or to their collaborators. To the Slowly, acceptance of our memories age to the victims and educate the pub- animals, I was just another human being. began—at first, only by our fellow Jews, who lic about the painful lessons of this But on this Sunday, as an ‘‘Aryan’’ member realized that what we had witnessed was vi- horrible tragedy. of the Polish community, I went to church tally important to them. In time, other peo- As my colleagues are aware, this together with the Poles. ple began to understand the meaning and month marks the 54th year since the As we came out of church into the Square, consequences of our experiences. They lis- beginning of the liberation of the Nazi I heard the thunder of guns and the explosion tened. We survivors were no longer silent death camps in Europe and the 56th an- of grenades and I could see that the Jewish presences. We became the bearers of tales— Ghetto was on fire. It may have been a warm at once painful and precious. niversary of the Warsaw Ghetto Upris- Spring day, but I stood frozen. In front of us We survivors are now publicly bearing wit- ing. The occasion also is an oppor- in the Square, a carousel was turning around ness. We are offering challenges to the indif- tunity to remember the plight of the and around. The music attracted my Polish ference of Western governments, to the com- passengers aboard the S.S. St. Louis neighbors and their children. I watched in plicity of the Church, to the anti-Semitism who sought to rebuild their shattered disbelief as they flocked to the merry-go- of Christianity, and to the evil of the per- lives outside Europe. Most of the 937 round, indifferent to the tragedy so nearby. petrators, collaborators and—not the least— men, women and children who fled Ger- With every cry for help from my Jewish peo- to the bystanders. The movement to remem- many on the St. Louis on May 13, 1939 ple, tears swelled in my eyes. But the faces ber and to record is being led by survivors of those around me showed no concern, no who accept the burden that history placed were seeking refuge from Nazi persecu- compassion, not even any interest. upon us. tion but were turned back months be- The memory of this scene haunts and en- But whatever we know now, there is still fore the outbreak of World War II. rages me. How was it possible for these peo- so much that we do not know, we cannot April 27, 1999 CONGRESSIONAL RECORD — SENATE S4311 know. There were the Six Million whose Germany wants to project a new image to mediately resume debate on the Y2K voices were silenced forever. We the few who the world, but it cannot be allowed to buy legislation. I encourage my colleagues survived must speak about them even the honor it deserted during the Holocaust. to come to the floor to debate this im- though we cannot truly speak for them. It must account for the horrible atrocities of portant issue. Further, the Senate may Although living in almost every state of its past. We must not permit Germany to this Union and following many professions, shift the focus away from its moral and fi- consider any other legislative or execu- survivors are united by a common memory. nancial responsibility for the slaughter of tive items cleared for action during to- We walk the byways of this great country, our people, acts for which there is no statute day’s session of the Senate. appreciative of its blessings of freedom and of limitations. Germany will be eternally re- f possibilities. We try to express our gratitude sponsible for the murder of the Six Million. for life by the quality of our lives, offering At the least, Germany must provide appro- ORDER FOR ADJOURNMENT hope and solace, and teaching the mystery of priate care for the survivors of their atroc- Mr. MCCAIN. If there is no further starting anew. ities who need help. More than anything, And now, over fifty years later, the world business to come before the Senate, I this is a moral issue. It is not welfare. It is now ask unanimous consent that the has come to Remember with us. In Germany, not a business deal. It is a ‘‘debt of honor,’’ France, Austria, and England; in Colombia, as Chancellor Adenauer said many years ago. Senate stand in adjournment under the Brazil, and Argentina; in Australia and New Maybe the claims of Holocaust survivors previous order following the remarks of Zealand, as well as Canada, in Israel, and in are unprecedented; but so was the robbery the Senator from Louisiana. our own beloved country, Yom Hashoah is on and murder. We will not stop until Germany The PRESIDING OFFICER. Without the calendar and commemorations are held and all the other nations who participated in objection, it is so ordered. in halls of honor. This is how memory is pre- the extermination process fulfill their obli- served—by determined, directed, dedication f gations. It is the right thing to do—for them to remembering—by telling and retelling the and for us. LITTLETON stories of the holocaust. You who live in this city are privileged to Let us Remember! Ms. LANDRIEU. Mr. President, I am have the United States Holocaust Memorial Thank you.∑ happy to note the overwhelming vote Museum—the culmination of our devotion to f that just occurred to try, in some Remembrance—to visit at your convenience. MEASURE READ THE FIRST small way, to express the feeling of This extraordinary institution, the largest this body about the recent tragedy in Holocaust Museum outside of Yad Vashem, TIME—S.J. RES. 22 Littleton, CO. It is a first step of per- has had more than twelve million visitors in Mr. MCCAIN. I understand S.J. Res. just five years. People come from near and haps many that will be taken to prop- 22 introduced earlier by Senator JEF- far, both within the United States and from erly address this tragedy. around the world. This Museum represents FORDS for himself and others is at the The massacre that occurred makes us the fulfillment of our pledge and more. It desk, and I ask that it be read the first all want to jump to action, because we contains many documents and artifacts that time. are action-oriented individuals and an testify about our experiences as well as pho- The PRESIDING OFFICER. The action-oriented body. That is why we tographs and notes from our loved ones. But clerk will report. more—it is an expression of the hope of are here—to do things. I think the The assistant legislative clerk read tendency in a situation like this is to every survivor—that no one anywhere in the as follows: world will ever have to endure what we did. want to jump out and do things so we And what lessons did we derive from these A joint resolution (S.J. Res. 22) to reau- can prevent another tragedy in the fu- horrible experiences? The most important thorize and modify conditions for the con- ture. The problem is, with that ap- sent of Congress to the Northeast Interstate lesson is obvious—it can happen again, the proach, this situation has actually impossible is possible again. Ethnic cleans- Dairy Compact, and to grant the consent of ing, genocide, is happening as I speak. It can Congress to the Southern Dairy Compact. raised more questions than it has pro- vided answers. happen to any one or any group of people. Mr. MCCAIN. I now ask for its second I will share with Members some of The slaughter in Kosovo and in other places reading and object to my own request. the leading news articles this week. must be brought to an end. The PRESIDING OFFICER. Objec- Should there be another Holocaust, it may ‘‘Why?’’ Newsweek asks. ‘‘Why?’’ U.S. tion is heard. be on a cosmic scale. How can we prevent it? News & World Report asks. Again, a All of us must remain vigilant—always f very important question that should be aware, always on guard against those who are determined to destroy innocent human ORDERS FOR WEDNESDAY, APRIL answered. life for no other reason than birthright. 28, 1999 Time Magazine asked, What can Just as we survivors have dedicated our- schools do? Where were the parents? Mr. MCCAIN. Mr. President, I ask selves to preserving memory and bearing These are all very, very important unanimous consent that when the Sen- witness, we are now equally determined to questions that should be answered. ate completes its business today, it make certain, in the little time we have left, It is important at this time in the stand in adjournment until 10:30 a.m. that all survivors live out their years in se- Senate and in the House and within the curity and dignity. Most of us have accom- on Wednesday, April 28. I further ask leadership of this country to perhaps plished a great deal, but there are those who that on Wednesday, immediately fol- do a little bit more listening than talk- have been less fortunate. As you know, some lowing the prayer, the Journal of pro- ing, so we can help find answers as to live in distressing circumstances. Many are ceedings be approved to date, the forsaken, afflicted by illness, and, perhaps why this tragedy happened in order to morning hour be deemed to have ex- worst of all, they carry the nightmares of attempt to prevent it from happening pired, and the time for the two leaders the Holocaust with them. in the future. This is not the first such Although the government of Germany has be reserved for their use later in the tragedy. This is, unfortunately, a long acknowledged to some degree its responsi- day. I also ask that at 10:30 a.m. the line of recent incidents. bility for the robbery and murder of our peo- Senate begin a period of morning busi- It may prompt some parents or some ple, the greatest in history, it has not fully ness until 12 noon with Senators per- lawmakers to say ban all video games assumed its obligations. Recently, some Ger- mitted to speak for up to 10 minutes man companies admitted their use of Jewish and movies. It could prompt some peo- with the following exceptions: Senator slave labor during the Holocaust. The gov- ple to say ban all guns and bomb-mak- LOTT, or his designee, 30 minutes; Sen- ernment and these companies have offered ing equipment everywhere in every in- ator DURBIN, 30 minutes; and Senator what they call reparations. But how can they stance. It could prompt others to ei- ever provide compensation for our stolen KERRY for 15 minutes. ther call for severe censure of the real property, savings accounts, art, jewelry, The PRESIDING OFFICER. Without Internet or the abolition of the Inter- and personal belongings—the gold in our objection, it is so ordered. teeth, the use of our skills and bodies, the net. pain and suffering inflicted upon each and f I suggest, as respectfully as possible, every one of us? How can there ever be PROGRAM that now may not be the time to push enough money to pay for the wrongful im- through laws or initiatives, either at prisonment, torture, starvation and murder Mr. MCCAIN. For the information of the Federal or State level, before we of six million Jews—in their homes, on the streets, in fields and forests, in the gas all Senators, the Senate will convene can get some answers to these very chambers? Is there a way that they can re- at 10:30 a.m. and be in a period of morn- troubling questions. store our families, our youth, our health, our ing business until 12 noon. Following I am not suggesting that nothing be sense of personal security? Absolutely not! morning business, the Senate will im- done—absolutely the opposite, that we S4312 CONGRESSIONAL RECORD — SENATE April 27, 1999 do some things, but after we under- prevent this before it spreads to more APPOINTMENT stand a little bit better why some of places in more States. The PRESIDING OFFICER. The these things in these schools actually I am hopeful that as we talk among Chair announces, on behalf of the took place. ourselves and hear from the public at Democratic leader, pursuant to Public As an example, let me point out that home and listen more carefully, we when TWA Flight 800 exploded over Law 101–509, the appointment of Eliza- think about the possibility of creating beth Scott of South Dakota to the Ad- Long Island, the Federal Aviation Ad- a strong bipartisan commission that is ministration and the National Trans- visory Committee on the Records of given the resources and the time to ask Congress. portation Safety Board spent over 2 these questions and to find answers. years working around the clock, haul- Hopefully, a commission such as this f ing wreckage from the ocean and me- could be led by some of the strongest thodically rebuilding this airplane, and Members on both sides of the aisle, to an exhaustive investigation deter- come up with the answers so we can ADJOURNMENT UNTIL 10:30 A.M. mined the cause. The FBI assigned 600 craft the proper solutions. Some of TOMORROW agents to the case and conducted 4,000 them will be government solutions as interviews with eyewitnesses, mechan- The PRESIDING OFFICER. Under in a Federal law; some will be govern- ics, people at the airport—anyone they the previous order, the Senate stands ment solutions at a State and local could find who might be able to provide in adjournment until 10:30 a.m., level; others will be solutions that can answers. Wednesday, April 28, 1999. As a nation, we gladly undertook this happen through our churches, our non- Thereupon, the Senate, at 5:47 p.m., massive effort so that millions of peo- profit organizations, our communities, adjourned until Wednesday, April 28, ple who step on airplanes every day, and in every home in America. 1999, at 10:30 a.m. who pack their suitcases and their I suggest now is not the time to rush briefcases and board airplanes, can feel into action, even though that is a nat- f secure that their Government is trying ural tendency, but now is a time to lis- ten. If we can spend millions of dollars to keep them safe. NOMINATIONS I suggest we undertake a similar ef- and thousands of manhours to find out fort, that we most certainly should why airplanes explode, why can’t we Executive nominations received by spend the time and the resources to match that effort to find out why some the Senate April 27, 1999: find out what happened in Colorado, in children explode? FOREIGN SERVICE I look forward to working with the Mississippi, in Oregon, in Arkansas, so JOYCE E. LEADER, OF THE DISTRICT OF COLUMBIA, A that these parents and children and Members of this body to find the proper CAREER MEMBER OF THE SENIOR FOREIGN SERVICE, solutions to this critical challenge be- CLASS OF COUNSELOR, TO BE AMBASSADOR EXTRAOR- other children can have some answers DINARY AND PLENIPOTENTIARY OF THE UNITED STATES as to what happened and how we can fore our Nation. OF AMERICA TO THE REPUBLIC OF GUINEA. April 27, 1999 CONGRESSIONAL RECORD — Extensions of Remarks E773 EXTENSIONS OF REMARKS

HONORING THE BERLIN AIRLIFT NORTHWEST INDIANA HISPANIC The Council will also present the President's GRATITUDE FOUNDATION COORDINATING COUNCIL CELE- Award to Lou and Stella Torres. Leonor BRATES ITS 11TH ANNUAL BAN- Velasquez will receive the Cesar Chavez Ex- QUET emplary Service Award. The Outstanding HON. SONNY CALLAHAN Family Award will go to Ralph and Thelma Mora. Michael Lopez of East Chicago, Indi- OF ALABAMA HON. PETER J. VISCLOSKY OF INDIANA ana, will receive the Community Service IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES Award for his dedication and contributions to Northwest Indiana. Finally, the Humanitarian Tuesday, April 27, 1999 Tuesday, April 27, 1999 Service Award will go to the following organi- Mr. CALLAHAN. Mr. Speaker, I rise today to Mr. VISCLOSKY. Mr. Speaker, on Friday, zations: Ameritech, Asociacion Benefica Hijos pay tribute to the Berlin Airlift Gratitude Foun- April 30, 1999, numerous outstanding His- De Borinquen, National Conference of Puerto panics from Indiana's First Congressional Dis- Rican Women, and the Puerto Rican Parad dation. trict will be honored for their notable contribu- and Cultural Committee of Northwest Indiana. The Berlin Airlift began on June 26, 1948. tions to Northwest Indiana. Several Hispanic Mr. Speaker, I ask you and my colleagues Hostilities increased between the Soviets and students from local high schools as well as in- to join me in applauding all of the award re- the western Allies over access to the city of dividuals and community organizations will be cipients chosen by the Northwest Indian His- Berlin. As a result, the Soviets denied Berlin recognized at the Northwest Indiana Hispanic panic Coordinating Council. All of these indi- all access to the western portion of the city Coordinating Council's 11th Annual Banquet. viduals are most deserving of the Honors be- that was controlled by the American, British, The Hispanic Coordinating Council consists of stowed upon them. Moreover, I would like to commend the Northwest Indiana Hispanic Co- and French forces. Automobile and railroad several organizations that have committed themselves to improving the quality of life for ordinating Council for committing itself to the transportation, as well as any water traffic, the Hispanic residents of Northwest Indiana as preservation of the Hispanic culture. Without was prohibited leaving the 2.2 million residents well as providing an effective avenue for pro- the contributions of Hispanic-Americans, the of West Berlin helpless. moting Hispanic interests and their shared cul- rich, diverse, ethnically flavored culture of In response, the western Allies took flight in tural heritage. Northwest Indian would not be complete. an effort to airlift food, fuel, raw materials, and The students who will receive awards for f Outstanding Academic Achievements include: other supplies to the hopeful citizens of Berlin. IN HONOR OF THE BAYONNE FAM- These deliveries soon began reaching 500± Guillermo Amezcua, Clark High School; Crys- tal Bannister, Calumet High School; Alejandro ILY YMCA AND THIS YEAR’S 700 tons a day in the summer of 1948, and HONOREE, BAYONNE CHIEF OF continued to expand throughout the 322-day Barraza, Thornton Fractional South; Patricia Campos, Andrean High School; Veronica POLICE, FRANK PAWLOWSKI blockade of Berlin. Persistence paid off as the Delgado, East Chicago Central High School, Soviets lifted the land and water blockade on Adriana Dominguez, Whiting High School; An- HON. ROBERT MENENDEZ May 12, 1949, ending the dreadful blockade. gela Espinoza, Indiana Academy; Nicholas OF NEW JERSEY It is not surprising that the airlifts continued Ferrer, Munster High School, Leonarda IN THE HOUSE OF REPRESENTATIVES even after the blocked ended in an effort to Gajardo, Bishop Noll High School, Esteban Tuesday, April 27, 1999 build supplies for the needy Berliners. Gonzalez, Emerson School of Visual and Per- Mr. MENENDEZ. Mr. Speaker, I rise today The Berlin Airlift Gratitude Foundation and forming Arts; Melissa Hernandez, Morton High to recognize the Bayonne Family YMCA on its its director, Mr. Heinz-Gerd Reese, have for School; Linda Hinojosa, Merrillville High Seventh Annual Distinguished Service Awards the past 50 years preserved the memory and School; Adriana Lopez, Hobart High School; Cocktail Party and this year's honoree Ba- Samantha Martinez, Gavit High School; Cas- achievements of the Allies keeping Berlin free yonne Police Chief Mr. Frank Pawlowski. sandra Mateo, Portage High School; Amy by way of the Berlin Airlift. The Berlin Airlift The Bayonne Family YMCA is a nonprofit Mendoza, Lowell High School; Angela organization that has taken the lead in ad- Gratitude Foundation and its members have Monsivais, Thomas A. Edison Jr.-Sr. High dressing the social needs of the community. provided the families of the 78 victims of the School; Danielle Ontiveros, Valparaiso High By providing essential services such as after- Berlin Airlift with financial assistance since School; Eliezer Rolon, Thornton Fractional school programs, day care, temporary hous- 1959. North; Lisa Russi, River Forest High School; ing, and summer day camp, the YMCA has They have provided their full support in all Rebecca Spindler, Hanover Central Sr. High provided assistance to those in need or at Berlin Airlift reunions over the years, not only School; and Katharina Velez, Hammond High risk. in Berlin, but all the bases in Germany that School. Headed by Mr. Joseph Tagliareni, Chairman The students who will receive awards for supported the Berlin Airlift. They have invited of the Child Care Program annual fundraiser, Outstanding Athletic Achievements include: and Mr. Alan Russotto, Chairman of the Sou- the veterans of the Berlin Airlift to visit Berlin Vanessa Bustos, Thornton Fractional North; venir Ad Journal, the Bayonne Family YMCA at their expense to commemorate the 50th John Cantu, Alex Ramos, and Mark Gonzalez, will be hosting its seventh annual awards din- year of the Berlin Airlift on May 9±13, 1999. Hobart High School; Rosalinda Cedano, ner on April 23. Each year the YMCA high- The highlight of the reunion will come on May Bishop Noll High School; Katherine Flores, lights the accomplishments of one member of 12, 1999, which is the anniversary of the offi- Calumet High School; Enrique Fontanez III, the community for his or her dedication and cial ending of the Berlin Airlift. Portage High School; Rafael Gonzalez, Cen- exemplary leadership. This year the YMCA is Through their efforts, they have honored tral High School; Antonio Greppi, Andrean honoring Bayonne Police Chief Mr. Frank those who served and hopefully enlightened High School; Francisco Hernanadez, River Pawlowski. Forest High School; Paul Navarro, Merrillville A lifelong resident of Bayonne, Chief future generations on how precious freedom High School; Cesar Rodriguez, Whiting High Pawlowski has committed himself to the bet- is, and the sacrifices that must be made to School; Nicholas Rodriguez Gavit High terment of the community. After serving his achieve it. The Berlin Airlift Reunion to honor School; Alfonso Salinas III, Hammond High country in the United States Army from 1962 the veterans of the Berlin Airlift is also a trib- School; Patrick Santana, Thomas A. Edison to 1964, Chief Pawlowski returned to Bayonne ute to citizens of Berlin for choosing freedom Jr.-Sr. High school,; Ruben Trevino, Munster where he began his thirty-four year career with over communism and working under very dif- High School; Alfonso Vargas IV, Morton High the Police Department. While rising through ficult times and conditions to make the Berlin School; and Benjamin Ybarra, Clark-Whiting the ranks, Chief Pawlowski served as Com- Airlift the great success that it was. High School. mander of the Detective Bureau, Commander

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor. E774 CONGRESSIONAL RECORD — Extensions of Remarks April 27, 1999 of the Juvenile Aid Planning and Training Bu- CELEBRATING THE OPENING OF services throughout the country. This dedica- reau, Administration Division Commander, and THE ALLAN HANCOCK COLLEGE tion to public service is rare among individ- Patrol Division Commander. LOMPOC VALLEY CENTER uals. As President of the Lewes Fire Depart- Chief Pawlowski is a member of the New ment, Jim arranged the purchase of nearly Jersey Police Chiefs Association, the National HON. LOIS CAPPS $250,000 in fire apparatus. He also chaired Police Chiefs Association, the International As- OF CALIFORNIA every committee within the department and sociation of Chiefs of Police, and is currently IN THE HOUSE OF REPRESENTATIVES served as the in-house ambulance instructor Vice President of the Hudson County Police of 10 years. He later earned a statewide rep- Chiefs Association. In addition, for his remark- Tuesday, April 27, 1999 utation in Delaware for his service as presi- able efforts and commendable achievements, Mrs. CAPPS. Mr. Speaker, I rise to bring to dent and 1st vice president of the Delaware Chief Pawlowski has received two depart- the attention of my colleagues the opening of Volunteer Firemen's Association. mental commendations for outstanding police the Allan Hancock College Lompoc Valley These local accomplishments were just the work and two excellent police service awards. Center in Lompoc, CA. For years Lompoc and first steps for Jim along his road to success. Both the Bayonne Family YMCA and this the Santa Ynez Valley have been in need of His next advancement was to become the year's award dinner honoree Chief Pawlowski a permanent site for a campus and now that chairman of the National Volunteer Fire Coun- exemplify leadership and dedication to the Ba- need has become a reality. cil. During his tenure he orchestrated the yonne community. For these tremendous con- The Lompoc Valley Center of Allan Hancock growth of the NVFC from 18 states with 130 tributions to New Jersey and the incredible ex- College will serve 2,000 students and will offer associate members to 44 delegate States with amples set as public servants, I am very courses in the sciences, business, technology, over 1,500 associate members. For the first happy to honor and congratulate the Bayonne and the fine arts. Students will work in com- time the NVFC received over $500,000 in Family YMCA and Chief Pawlowski. puter labs networked with fiber optic cable and Federal grants to help volunteer fire services f will learn in classrooms that have multimedia nationwide. Since retiring as chairman of the presentation systems. The center also in- NVFC, Jim has committed himself to being the A TRIBUTE TO O. LEWIS HARRIS cludes a high-tech computer graphics and ani- legislative chairman for the NVFC to help de- mation lab. As we all know, the jobs of the vise their policy priorities. HON. ANTHONY D. WEINER 21st century will demand high-tech and com- Known for his expertise and excellence in OF NEW YORK puter related skills. Allan Hancock has the re- his field, Jim has been asked to provide testi- IN THE HOUSE OF REPRESENTATIVES sources and the expertise to teach these im- mony for numerous congressional committees Tuesday, April 27, 1999 portant skills, so that students, regardless of in support of such issues ranging from the en- age, can take on quality, well-paying jobs on vironment to fire prevention. In addition, Jim Mr. WEINER. Mr. Speaker, I rise today to the central coast when they graduate. has served on the Broad of Visitors for the invite my colleagues to pay tribute to O. Lewis I am pleased to tell my colleagues that in National Fire Academy and has chaired the Harris on the occasion of his 20th Anniversary the spirit of public/private partnerships, almost Joint Council of National Fire Service Organi- as the Executive Director of the Forest Hills 80 percent of the onsite construction bids zations. Currently, Jim serves as the USA Di- Community House. were awarded to local contractors. The devel- rector to the Federation of World Volunteer Lewis Harris joined the Forest Hills Commu- oping and building of the center has been a Firefighters, which helps to unite fire service nity House in it's fourth year of operation. With community-based effort which stands as a personnel from over 100 countries. Showing a small budget and staff, he worked with the model for our nation. I commend the countless his continued dedication and commitment to agency board, community leadership and people who contributed their time, energy, and his community, Jim still leads the local Junior elected officials to define the service role and vision to create this campus. Firefighter Club activities and still responds to mission for the organization, a task that con- Mr. Speaker, I am honored to join Allan calls today. tinues to this day. A strong believer in commu- Hancock College and the people of the central Mr. Speaker, I salute E. James (Jim) nity and coalition building, Lew Harris quickly coast to celebrate the opening of the Lompoc Monihan for implementing many of the impor- became involved with Community Board #6 Valley Center. I congratulate the college and tant policies and procedures that help guide and was appointed as a member in the spring all who worked tirelessly to establish the cen- fire personnel worldwide today. His selfless of 1979. ter. I wish Allan Hancock College and the commitment to the cause of volunteer fire- Lew Harris' strong interest and focus on Lompoc Valley Center many years of success fighters will have a permanent place in Dela- community service led him to join the and prosperity. ware's volunteer fire service history. Queensboro Council for Social Welfare, the f The example Jim has set for volunteer fire- Queens Interagency Council for Aging. The men is one we hope all future volunteer fire- Non-Profit Coordinating Committee of New TRIBUTE TO E. JAMES MONIHAN, men will strive to emulate. His dedication to York; The Council of Senior Centers and Serv- USA DIRECTOR TO THE FEDERA- the development of fire departments, volunteer ices of New York City, and the New York City TION OF WORLD VOLUNTEER and emergency services is truly commend- Coalition for the Aging on whose Boards of Di- FIREFIGHTERS able. As Delaware's Congressman, I would rectors he continues to serve. like to personally thank him for a tremendous Under Lew Harris' leadership, the Forest HON. MICHAEL N. CASTLE job well done and for 40 years of exemplary Hills Community House has developed a OF DELAWARE service. broad array of services for people of all ages. IN THE HOUSE OF REPRESENTATIVES f Today, the Forest Hills Community House op- erates more than thirty-five programs through Tuesday, April 27, 1999 A TRIBUTE TO HEIDI CUYLER, nineteen different locations in Queens and Mr. CASTLE. Mr. Speaker, it is with great AMBER LARRISON AND SARA provides services to more than 15,000 people pleasure that I rise today to honor and pay TRUDEAU annually. In the last twenty years, the Forest tribute to a hero in the firefighting community. Hills Community House has gained a reputa- E. James (Jim) Monihan. Jim Monihan is an HON. JERRY LEWIS tion for developing innovative and high quality outstanding, dedicated, and caring Dela- OF CALIFORNIA services. Several Community House programs warean with an abundance of accomplish- IN THE HOUSE OF REPRESENTATIVES have also been identified as models for rep- ments in this field. On behalf of the citizens of lication throughout New York City and beyond. the First State, I would like to honor this out- Tuesday, April 27, 1999 O. Lewis Harris has long been known as an standing individual and extend to him our con- Mr. LEWIS of California. Mr. Speaker, I innovator and beacon of good will to all those gratulations on receiving the National Volun- would like to bring to your attention today the with whom he has come into contact. Through teer Fire Council's Mason Lankford Fire Serv- fine work and outstanding service of three his dedicated efforts, he has helped improve ice Leadership Award. wonderful and gifted young ladies from Califor- my constituents' quality of life. In recognition Family, friends and fellow firefighters can nia's beautiful high desert. Heidi Cuyler, of his many accomplishments on behalf of my now take a moment to truly appreciate the Amber Larrison and Sara Trudeau have made constituents, I offer my congratulations to O. contributions Jim Monihan has brought to the remarkable contributions to the Vista Lewis Harris on the occasion of his 20th Anni- firefighting community. Since moving to Campana Middle School in Apple Valley as 3- versary as the Executive Director of the Forest Lewes, DE, in 1963, he has proven his ability year members of the Associated Student Body Hills Community House. to advance the quality of fire and emergency (ASB). CONGRESSIONAL RECORD — Extensions of Remarks E775 When Heidi, Amber and Sara decided to run Don Watson graduated in 1953 from North stop to wonder who was going to get credit for for ASB 3 years ago, they were required to Catholic High School and attended the Univer- it'' and that they were ``honored to give this complete a rigorous process; the election, sity of Missouri. After his graduation from col- award to him because of the amount of work itself, is far from a popularity contest. Can- lege he began his career in public service by he has done.'' didates must maintain a 3.0 grade point aver- enlisting in the U.S. Army. In 1962, he was Mr. Speaker, I commend Bill Erwin and age, get letters of recommendation, write a honorably discharged with the rank of Ser- those like him that take the time to give back statement explaining why they want to serve, geant. to their communities more than they take for and complete a personal interview. In addition, After departure from the military, Don be- themselves. I, as well as the citizens of Bryan- each candidate must give a speech in front of came active in both the politics and commu- College Station, applaud Bill for his tireless their peers before they are selected. nity of the City of Philadelphia. He was the dedication and perseverance to serving this For most students between the ages of 10 committee person in the 35th ward for 35 remarkable community. He has set an exam- and 13, let alone many adults, this would years and also worked as the ward chairman. ple for us all to follow. seem like much too much work just to plan He dedicated 25 years of service to the office f student activities at the school. Most remark- of the Register of Wills where his work able is that Heidi, Amber and Sara completed showed high quality, attention and diligence. INTRODUCTION OF THE DIGITAL this process three straight years and were In the area of community public service, Don SIGNATURE ACT OF 1999 successful. According to Patti Stueland, the Watson excelled for 20 years as the president activities Director at Vista Campana Middle of the Summerdale Boys Club. He also dedi- HON. BART GORDON School, ``They are my first and only officers up cated 10 years of his time to Northeast Mental OF TENNESSEE to this point to be a bulldog ASB Officer for all Health as a director on the board. IN THE HOUSE OF REPRESENTATIVES three years they have attended V.C.M.S.'' Despite his many commitments to public Tuesday, April 27, 1999 In the 3 years that they served, these young service, Don is deeply involved and dedicated ladies helped create and develop school as- to his family. Together, with his wife Carol, Mr. GORDON. Mr. Speaker, today I am semblies, noon-time activities, school dances, Don has two children, Terri and Joseph. Also, pleased to introduce the Digital Signature Act spirit rallies, staff appreciation days, sold he has two beautiful granddaughters Lauren of 1999. The purpose of this legislation is to dance tickets, served as tour guides for school and Lindsay. require the National Institute of Standards and visitors, and publicized school events through Don Watson is the type of citizen that Technology (NIST) to develop minimum tech- the school bulletin. In addition, they have pre- strives to improve the city he is in, this not nical standards and guidelines for Federal sented student body activities to the Parent, only has helped Philadelphia to prosper, but agencies to follow when deploying digital sig- Teacher, Student Organization, at monthly also the nation. I sincerely hope that Don en- nature technologies. In addition, the legislation staff meetings, and school board meetings. In joys his move into retirement and realizes how authorizes the Under Secretary of Commerce these, and many more activities, Heidi, Amber deeply his many years of dedicated service for Technology to establish a National Policy and Sara all demonstrated tremendous leader- are appreciated. Panel for Digital Signatures to explore the fac- ship skills through public speaking and work- f tors associated with the development of a Na- ing with the local community. As a result of tional Digital Signature Infrastructure based on IN RECOGNITION OF BILL ERWIN the work of these students. Vista Campana uniform standards to enable the widespread Middle School is recognized for having one of utilization of digital signature systems in the the most outstanding student activity organiza- HON. KEVIN BRADY private sector. tions in the high desert. OF TEXAS I want to make clear that this legislation is Mr. Speaker, I ask that you join me and our IN THE HOUSE OF REPRESENTATIVES technology neutral. Rather it encourages fed- eral agencies to use uniform criteria in deploy- colleagues in recognizing the remarkable com- Tuesday, April 27, 1999 mitment and tremendous contributions of ing digital signature technology and to ensure these three fine young ladies. Heidi Cuyler, Mr. BRADY of Texas. Mr. Speaker, I am that their system are interoperable. It also en- Amber Larrison and Sara Trudeau have made proud to rise in recognition of a very special courages agencies to use commercial-off-the a wonderful difference in the lives of those in person to Bryan-College Station, TexasÐa shelf software (COTS) whenever possible to their school and local community and it is only unique leader, Mr. Bill Erwin. meet their needs. fitting that the House of Representatives rec- Not only recognized as a significant contrib- By now, we are all aware of how the Inter- ognize them today. utor to the community of the Eighth District of net is revolutionizing telecommunications and f Texas, Bill is somewhat of a celebrity in the the business world. In less than ten years, the Bryan-College Station area. In fact, he has Internet has grown from a network linking a PERSONAL EXPLANATION been supporting volunteer services in the small, self-proscribed group of scientists to a Bryan-College Station area for thirty-five telecommunication network linking millions of HON. DENNIS MOORE years. It is for these efforts that the Governor people around the world. The potential uses of of the State of Texas awarded Bill with the the Internet seem unlimited. One of the most OF KANSAS Lonestar Achievement Award for his vol- rapidly growing areas in electronic commerce. IN THE HOUSE OF REPRESENTATIVES unteerism and community service last month. Statistics indicate electronic commerce was an Tuesday, April 27, 1999 I think his own words speak volumes for the $8 billion industry in 1998. Analysts now ex- Mr. MOORE. Mr. Speaker, on Thursday, attitude that won him this recognition. Upon pect electronic commerce to explode into a April 22, I was unavoidably detained during hearing the news, Bill said, ``this will be great $108 billion industry by 2003. rollcall vote No. 96, the motion to instruct con- for the community''Ðand great for the commu- When the Internet was first developed, vir- ferees on H.R. 1141 offered by Mr. OBEY. Had nity he is. tually all users were known to each other or I been present for this vote I would have voted Elected as the Volunteer of the Year and they were easily identifiable. However, with ``aye.'' the Citizen of the Year by the Bryan-College the rapid growth of the Internet we have lost f Station Chamber of Commerce, he remains the ability to actually ``know'' who we are com- dedicated to bettering the community in which municating with is who they say they are. In DONALD EDWARD WATSON he lives, thus bettering the world. His list of order to exchange sensitive documents or to credentials include serving as president for a do business transactions with confidence it is HON. ROBERT A. BORSKI number of non-profit organizations in the area, important that an electronic authentication sys- OF PENNSYLVANIA such as the United Way, Chamber of Com- tem is developed through which both the IN THE HOUSE OF REPRESENTATIVES merce, Better Business Bureau, the Boys' and sender and recipient can be uniquely identi- Girls' Clubs of the Brazos Valley, the Brazos fied. One type of electronic authentication Tuesday, April 27, 1999 Chapter of the Texas Manufacturers Associa- which is both secure and provides unique Mr. BORSKI. Mr. Speaker, I rise in honor of tion and the St. Joseph Foundation. It was identification of the sender and recipient of a truly dedicated public servant and my good said by Christine Shakespeare of the Texas messages is asymmetric cryptography, com- friend, Mr. Donald Edward Watson. Donald Commission on Volunteerism and Community monly referred to as a digital signature. Watson's commitment to his country and com- Service that the judges said ``it was so amaz- I am not alone in my belief that digital signa- munity in Philadelphia spans over four dec- ing that whenever he identified a need he tures are a key element in the continuing ades. went to work to resolve it and that he didn't growth of electronic commerce. The European E776 CONGRESSIONAL RECORD — Extensions of Remarks April 27, 1999 Commission recently drafted a directive on a resentation from all stakeholders, will provide IN HONOR OF THE WEEHAWKEN common framework for a comprehensive dig- the coordination needed to put in place the VOLUNTEER FIRST AID SQUAD ital signature infrastructure. In addition, the national infrastructure that is a prerequisite for ON ITS 30TH ANNIVERSARY Canadian government is already utilizing dig- the widespread use of digital signatures. ital signatures for its transactions. These ac- HON. ROBERT MENENDEZ tions are designed to promote the growth of In closing, I want to make clear that this leg- islation does not favor any digital signature OF NEW JERSEY electronic commerce, but they will also en- IN THE HOUSE OF REPRESENTATIVES hance the position of European and Canadian system, but attempts to begin to create a min- companies that are developing digital signa- imum uniform framework for Federal agencies Tuesday, April 27, 1999 ture systems. This is an attempt to become to make communicating with the Federal Gov- Mr. MENENDEZ. Mr. Speaker, I rise today the world leader in electronic commerce. ernment easier and more secure. I also want to recognize the Weehawken Volunteer First In the United States, we have a number of to make clear that this legislation is an outline Aid Squad for 30 years of dedicated service to companies which offer digital signature serv- or work in progress. The framework of the the community. ices. The States are beginning to enact a Internet is dynamic. It would be short-sighted The Weehawken Volunteer First Aid Squad patchwork of laws on digital signatures that to draft Internet related legislation that is static was the first volunteer organization of its kind could inhibit the widespread use of digital sig- and unresponsive. I expect further refinements in Hudson County when it was organized in natures. While I don't believe the government 1969. Over the last three decades, almost 400 and will continue to work with industry groups, should dictate any one digital signature sys- volunteers have served the Squad, providing tem, we should develop a level playing field the States, the administration and other stake- free and indispensable lifesaving ambulance which will encourage rather than hinder the holders as we move through the legislative and emergency medical service for development of a truly national infrastructure. process. Weehawken. It is my intent that the Digital Signature Act be Because of the caliber and dedication of the a first step in this direction. This legislation f volunteers, the Squad has an excellent two to has two simple goals: (1) develop uniform three minute response time in emergencies. guidelines for Federal agencies to follow when WALT AND MELODY GENTRY This remarkable accomplishment has not only they use digital signatures and encourage BRING JOY INTO THE LIVES OF allowed the Squad to respond to an estimated agencies to maximize the interoperability of MANY THROUGH THE ADOPT–A– 40,000 distress calls but has made it respon- their systems; and (2) establish a national pol- WILD HORSE AND BURRO PRO- sible for saving countless lives in my district. icy panel for digital signatures to begin a dia- GRAM In fact, the Squad the fastest response team log on the development of a national digital of any emergency medical service in the state signature infrastructure. of New Jersey. My legislation requires the National Institute HON. JOHN SHIMKUS Long thought of as a strictly suburban serv- of Standards and Technology (NIST) to de- OF ILLINOIS ice, the First Aid Squad showed that not only velop minimum technical standards and guide- could a volunteer ambulance service operate lines for use by Federal agencies when devel- IN THE HOUSE OF REPRESENTATIVES in urban areas, but that they would prove to oping their digital signature infrastructure and Tuesday, April 27, 1999 be an invaluable source of support to the resi- to give due consideration to the interoperability dents of these communities. It was so suc- of their system. Whenever possible, the legis- Mr. SHIMKUS. Mr. Speaker, I would like to cessful in this endeavor that it prompted five lation encourages agencies to use commer- take this time to commend my constituents neighboring towns to follow its lead in this im- cial-off-the-shelf products. from Mt. Vernon, IL, Walt and Melody Gentry, portant health service. Agencies are currently developing and be- for using their love of horses to bring happi- On May 7, 1999, the Squad will hold its ginning to deploy digital signatures tech- ness to the lives of others. 30th Anniversary Celebration where they will nologies. However, there is little coordination highlight these tremendous accomplishments, between agencies to ensure that the stand- Walt and Melody have spent the past 8 as well as to thank those who have assisted ards they use are consistent and that the tech- years educating others about the Bureau of the organization through the years. The indi- nologies that they deploy are interoperable. Land Management's Adopt-A-Wild Horse and vidual who will receive an Honorary Life Mem- NIST is charged with developing, with input Burro program. Established in 1992, this pro- bership is the Mayor of Weehawken, Mr. Rich- from industry, technical standards and guide- gram's objectives are to manage the popu- ard Turner. Mayor Turner, one of the Squad's lines which ensure that the agencies deploy lation of horses and burros in the effort to pro- greatest supporters, has been instrumental in digital signature infrastructures that are both tect them from dying from starvation or dehy- recruiting new members, raising funds for a secure and interoperable. If agencies develop dration. Spending countless hours traveling new ambulance, and in ensuring the opening a variety of incompatible systems, I believe over 30,000 miles, Walt and Melody have not of the Squad's state of the art headquarters in the result will be to discourage the widespread only aided in many adoptions all over the 1986. use of this electronic authentication technique The Weehawken First Aid Squad exempli- Eastern United States, but have also adopted by making it more complicated rather than fies leadership and professionalism. For its easier to conduct business with the Federal 18 of their own horses that they use to com- pioneering efforts in the field of emergency Government. pete in horse shows and riding competitions. medicine and for 30 years of service to Agencies would be required to report back In addition to Walt and Melody's compas- Weehawken, I am very happy to honor and to Congress what they are doing to develop sion for these beautiful animals is their com- salute the Weehawken First Aid Squad. digital signature systems, and why, if applica- passion for others in need. They have com- f ble, they are not following NIST guidelines. bined their love and appreciation for horses In addition, the bill requires NIST to develop A TRIBUTE TO KEW GARDENS minimum technical criteria for agencies' use with their concern and eagerness to help oth- CIVIC ASSOCIATION for electronic certification and management ers by performing many of these shows for systems, both ``in-house'' systems or if they disadvantaged youths. Through these events, HON. ANTHONY D. WEINER these kids have an opportunity to interact with use a private entity. Once again, this is an at- OF NEW YORK horsesÐsomething they wouldn't otherwise be tempt to level the playing field among Federal IN THE HOUSE OF REPRESENTATIVES agencies to promote the private sector devel- able to do. In a time when children are often opment of these goods and services. hungry for leadership and inspiration, the Gen- Tuesday, April 27, 1999 To promote a uniform environment for cer- try's have played a pivotal role by sharing the Mr. WEINER. Mr. Speaker, I rise today to tification authorities, the bill establishes a na- happiness they have found in the Adopt-A- invite my colleagues to pay tribute to the Kew tional panel, under the auspices of the Depart- Wild Horse and Burro program. Gardens Civic Association, Inc., on the occa- ment of Commerce's Technology Administra- sion of its annual meeting. tion to develop model practices and proce- I would like to thank Walt and Melody Gen- The members of the Kew Gardens Civic As- dures, uniformity among jurisdictions that li- try for sharing the joy in their lives with these sociation have long been known for their com- cense certification authorities, and uniform disadvantaged children. They are not only an mitment to community service and to enhanc- audit standards for certification authorities. inspiration for them, but for all of us who have ing the quality of life for all Kew Gardens resi- This national panel, with broadly based rep- so many joys to share. dents. CONGRESSIONAL RECORD — Extensions of Remarks E777 This year's annual meeting is a chance for year at this time: to remind the world that this While it is important to keep the lessons of all of us to celebrate the 85th anniversary of event did indeed take place and that we must history in mind, we must also remain eternally an organization that was founded in 1914 to remain forever vigilant in our efforts to prevent vigilant in order to protect Armenia from new represent the interests of homeowners in Kew all such future calamities. and more hostile aggressors. Even now, as Gardens. Under the dedicated leadership of I am pleased to report that a strong and vi- we rise to commemorate the accomplishments retiring President Al Brand, the Kew Gardens brant Armenian-American community thrives in of the Armenian people and mourn the trage- Civic Association has seen its membership my district in Northwest Indiana. My prede- dies they have suffered, Turkey and other rise to more than 300 members. cessor in the House, the late Adam Benjamin, countries are attempting to break Armenia's The Kew Gardens Civic Association has was of Armenian heritage, and Northwest Indi- spirit by engaging in a debilitating blockade routinely stood at the forefront of the battle to ana's strong ties to Armenia continue to flour- against this free nation. ensure that any new developments in Kew ish. Over the years, members of the Arme- That is why three years ago, I led the fight Gardens adhere to applicable zoning regula- nian-American community throughout the in the House of Representatives to free Arme- tions and to prevent the illegal use of private United States have contributed millions of dol- nia from Turkey's vicious blockade by offering homes for commercial purposes. In addition, lars and countless hours of their time to var- an amendment to the Fiscal Year 1997 For- the Kew Gardens Civic Association has estab- ious Armenian causes. Of particular note are eign Operations appropriations bill. Under cur- Mrs. Vicki Hovanessian and her husband, Dr. lished subcommittees to assist members in rent law, U.S. economic assistance may not Raffi Hovanessian, residents of Indiana's First the resolution of problems with local, State, be given to any country that blocks humani- Congressional District, who have worked to and Federal Government agencies. tarian assistance from reaching another coun- improve the quality of life in Armenia, as well The members of the Kew Gardens Civic As- ty. Despite the fact that Turkey has been as in Northwest Indiana. In fact, Dr. sociation elect their officers and governors blocking humanitarian aid for Armenia for Hovanessian serves his country and his faith each year at the organization's annual meet- as the personal physician to His Holiness the many years, the President has used his waiv- ing in accordance with New York States' Not- Catholicos, enabling His Holiness to travel to er authority to keep economic assistance for for-Profit Corporation Law and the Associa- Rome for the recent opening of the Armenian Turkey intact. My amendment, which passed tion's By-Laws. The Board of Governors exhibit at the Vatican libraryÐan event at- in the House by a bipartisan vote of 301±118, meets periodically to discuss member and tended by His Holiness the Pope. Mrs. would have prevented the President from community problems as well as to establish Hovanessian has worked to increase aware- using his waiver authority and would have cut Association policy. ness of Armenian culture through her efforts to off U.S. economic aid to Turkey unless it al- The members of the Kew Gardens Civic As- showcase the work of Armenian artists in exhi- lowed humanitarian aid to reach Armenia. Un- sociation have long been known as innovators bitions here in the United States. On a na- fortunately, my amendment was not included and beacons of good will to all those with tional level, their efforts together were integral in the final version of the Foreign Operations whom they come into contact. Through their to commemorate the 100th anniversary of the appropriations bill and the Turkish blockade of dedicated efforts, they have each helped to Armanian Apostolic Church of America, which Armenia continues unabated. improve my constituents' quality of life. In rec- has grown and thrived since it was estab- Furthermore, last month, I testified before ognition of their many accomplishments on be- lished. They played a key role in raising $5 the Foreign Operations Appropriations Sub- half of my constituents, I offer my congratula- million for Armenian causes during His Holi- committee, as I have for each of the past sev- tions to the Kew Gardens Civic Association on ness the Catholicos' recent visit to the United eral years, to request that the subcommittee the occasion of its 85th anniversary. States to celebrate the historic event. maintain its practice of reserving one-third of f Two other Armenian-American families in NIS funding for the Southern Caucasus; sixty my congressional district, Heratch and Sonya percent of those funds for Armenia, Georgia, 84TH COMMEMORATION OF Doumanian and Ara and Rosy Yeretsian, have and Azerbaijan; and no less than twenty-five ARMENIAN GENOCIDE also contributed greatly toward charitable percent of Southern Caucasus funds for Arme- works in the United States and Armenia. Dr. nia alone. I also argued that the current ban SPEECH OF and Mrs. Doumanian have dedicated their on assistance to Azerbaijan should remain in HON. PETER J. VISCLOSKY lives to supporting Armenians both in this place until Azerbaijan takes serious, demon- country and in Armenia. These distinguished strable steps to ending their current conflict OF INDIANA citizens were actively involved in the observ- with Armenia, starting with an end to their own IN THE HOUSE OF REPRESENTATIVES ance of the 100th anniversary of Armenian blockade. Wednesday, April 21, 1999 independence and Dr. Doumanian was re- Mr. Speaker, I would like to thank my col- cently honored for his selfless endeavors with Mr. VISCLOSKY. Mr. Speaker, I rise today leagues, Representatives JOHN PORTER and the Crystal Globe Award from the Asian-Amer- FRANK PALLONE, for organizing this special to commemorate the 84th anniversary of the ican Medical Society. I was privileged to be Armenian genocide. As in years past, I am order to commemorate the 84th anniversary of there when Dr. Doumanian received that ac- the Armenian genocide. Their efforts will not pleased to join my House colleagues on both knowledgment of his innumerable contribu- sides of the aisle in ensuring that the terrible only help to bring needed attention to this tions to his family and his faith. tragic period in world history, but also serve as atrocities committed against the Armenian The projects undertaken by these dedicated people are never repeated. a reminder to remain vigilant in the fight to individuals, together with hundreds of other protect basic human rights and freedoms The event we come together to remember members of the Armenian-American commu- around the world. began on April 24, 1915, when more than 200 nity, have helped to finance many essential religious, political, and intellectual leaders of projects in Armenia, including the construction f the Armenian community were brutally exe- of new schools, a mammography clinic, and a cuted by the Turkish government in Istanbul. crucial roadway connecting Armenia to PERSONAL EXPLANATION By the time it ended in 1923, this war of ethnic Nagorno Karabagh. genocide against the Armenian people by the The Armenian people have a long and Ottoman Empire claimed the lives of over half proud history. In the fourth century, they be- HON. THOMAS G. TANCREDO the world's Armenian populationÐan esti- came the first nation to embrace Christianity. OF COLORADO mated 1.5 million men, women, and children. During World War I, the Ottoman Empire was IN THE HOUSE OF REPRESENTATIVES Sadly, there are some people who still ruled by an organization, known as the Young Tuesday, April 27, 1999 question the fact that the Armenian genocide Turk Committee, and became allied with Ger- even occurred. History is clear, however, that many. Amid fighting in the Ottoman Empire's Mr. TANCREDO. Mr. Speaker, Thursday of the Ottoman Empire engaged in a systematic eastern Anatolian provinces, the historic heart- last week, I returned to my home in Littleton, attempt to destroy the Armenian people and land of the Christian Armenians, Ottoman au- Colorado to pray for the victims of the shoot- their culture. The U.S. National Archives con- thorities ordered the deportation and execution ing at Columbine High School. Had I been tain numerous reports detailing the process by of all Armenians in the region. By the end of present, I would have voted ``yea'' on the mo- which the Armenian population of the Ottoman 1923, virtually the entire Armenian population tion to instruct conferees for H.R. 1141, the Empire was systematically decimated. That is of Anatolia and western Armenia had been ei- Supplemental Appropriations Bill (rollcall No. one of the reasons we come together every ther killed or deported. 96). E778 CONGRESSIONAL RECORD — Extensions of Remarks April 27, 1999 INTRODUCTION OF THE AMERICAN Mr. Speaker, I ask you and my distin- national. The foundation has developed 130 COMPETITIVENESS AND WORK- guished colleagues to join me in honoring Elva chapters to help serve the needs of patients, FORCE IMPROVEMENT ACT and Joseph Ribaudo. their steadfast love, their families, and friends while at the same time devotion to their community, neighborhood raise money to fund medical research. The HON. GENE GREEN and home and their love of children are quali- foundation is proud to have on it's medical ad- OF TEXAS ties every American should strive to duplicate. visory board some of the world's leading ex- IN THE HOUSE OF REPRESENTATIVES f perts on GBS, as well as physicians who Tuesday, April 27, 1999 themselves have the disorder. TRIBUTE TO MR. ELOY AGUILAR One of GBS Foundation cofounders, Mr. Mr. GREEN of Texas. Mr. Speaker, today I Ralph Neas, has played a vital role in bringing introduced a bill to amend the American Com- HON. CHARLES A. GONZALEZ awareness to the community through his work petitiveness and Workforce Improvement Act. OF TEXAS at the local Montgomery County Chapter. It is The legislation would simply extend the filing IN THE HOUSE OF REPRESENTATIVES the mission of those who have been affected fee exemption fee to all elementary and sec- by this sometimes devastating disease to as- Tuesday, April 27, 1999 ondary schools. sure that everyone is aware of the established The American Competitiveness and Work- Mr. GONZALEZ. Mr. Speaker, I rise today support system and to better educate the force Improvement Act increased the number to recognize the great public service career of community on the facts and symptoms of of H1±B visas available over a series of years. one San Antonian. Over the past 25 years, Guillian-Barre Syndrome. This legislation also called for a $500 fee to Mr. Eloy Aguilar has served the constituents of I congratulate the foundation on their efforts be paid by the employer to file their H1±B visa the 20th district of Texas as district director for and wish them great success in their mission. application. However, this act also contained a my predecessor and father, Henry B. Gon- f provision that exempted institutes of higher zalez. education, non-profit research groups, and Twenty-five years ago, Eloy began his ca- IN HONOR OF RICARDO DIAZ AND governmental research institutes from paying reer of service and over the years he has BOBBI MARSELLS the filing fee. The exemption was afforded to shown great dedication and commitment to these groups to help offset the cost of trying the constituents of the 20th district and all the HON. THOMAS M. BARRETT to employ talented workers from abroad. people of San Antonio. There have been OF WISCONSIN I represent part of Houston, Texas. Back countless changes since he began his career IN THE HOUSE OF REPRESENTATIVES home my wife is an algebra teacher in Aldine in 1974, but the one thing that has not Tuesday, April 27, 1999 High School. She recently told me of their changed is Eloy's dedication. He has devoted teacher recruiting efforts. The Aldine Inde- many hours, evenings and weekends to the Mr. BARRETT of Wisconsin. Mr. Speaker, pendent School District is much like other dis- work of the people. Though he had served the today, I would like to share with my colleagues trict on or near the border. These school dis- community of San Antonio for a quarter of a my appreciation and regard for Mr. Ricardo tricts are constantly searching for talented, ex- century and was ready for retirement, Eloy Diaz and Ms. Bobbi Marsells, of the Housing perienced teachers for our children. School continued his role as district director for me Authority of the City of Milwaukee. Today, districts on or near the border will even try to during the transition from my father's lengthy Monday, April 26, 1999, the residents of Mil- recruit teachers from abroad, who are experi- term through the first months of my own. waukee's Hillside Public Housing Development enced, bilingual, and who would be a great In just a few days, Eloy will enter retirement. are honoring Ricardo and Bobbi for their work addition to any school's staff. I take this opportunity to thank him for his tire- to revitalize Hillside. The legislation I just introduced would ex- less service to the constituents of the 20th dis- Ask anyone familiar with HUD's HOPE VI tend the filing fee exemption to all of our trict and to the Gonzalez family. His presence public housing revitalization program, and schools and will give them the opportunity to will be greatly missed. Eloy, we wish you all they`ll tell you that Hillside`s transformation recruit the most educated, talented, and expe- the best. wasn't just another `revitalization'; it was more rienced teachers for our students. By offsetting f like a resurrection. In 1993, most of the resi- the cost of the application, our elementary and dents in Hillside lived below the poverty line secondary schools could look to find the best GUILLIAN-BARRE SYNDROME and had no earned income at all, the facilities teachers or specialists, and they could use the AWARENESS DAY, MAY 1, 1999 were ugly and outmoded, the neighborhood $500 filing fee to provide other education serv- was plagued with drugs and crime, and most ices for our schools. HON. STENY H. HOYER public housing applicants preferred to wait f OF MARYLAND longer for help than to move there. Today, A TRIBUTE TO ELVA AND JOSEPH IN THE HOUSE OF REPRESENTATIVES earned income is way up, poverty and crime RIBAUDO are way down, the design and appearance of Tuesday, April 27, 1999 the buildings and neighborhood are contem- Mr. HOYER. Mr. Speaker, I rise today to porary, attractive, and functional, and Hillside HON. TONY P. HALL share information about Guillian-Barre Syn- has a waiting list of eager would-be residents. OF OHIO drome Day on Saturday, May 1, 1999. Hillside is special not just for Milwaukee, but IN THE HOUSE OF REPRESENTATIVES ``GBS Awareness Day'' is an effort to help as an example for the national of what public Tuesday, April 27, 1999 educate the public and to focus attention on housing can be. Hillside shows us that revital- Mr. HALL of Ohio. Mr. Speaker, I rise today Guillian-Barre Syndrome. GBS is an inflam- ization means more than just, safe, structurally to honor a very special couple Elva and Jo- matory disorder of the peripheral nerves. It is sound, and comfortable buildings. Hillside seph Ribaudo. Elva and Joseph's love for characterized by the rapid onset of weakness demonstrates that co-locating supportive serv- each other, their community, and children ex- and often, paralysis of the legs, arms, breath- ices offered in partnership with committed, emplify the old-fashioned values this country ing muscles, and face. Although most people community-based organizations can help pub- was founded on. Recently they celebrated a recover, this can take months, and some have lic housing residents to work their way out of milestone few couples reach. Elva and Joseph long-term disabilities. It is important to note poverty. Hillside also reminds us that removing Ribaubo celebrated fifty years of marriage. that GBS can develop in any person at any design barriers like dead-end streets and tree- To mark the milestone, a party was recently age, regardless of gender or ethnic back- line screens, and actually integrating a public held in Fresno, California, where over 60 peo- ground. housing development into the surrounding ple turned out to honor this wonderful couple. Although a great number of cases devel- neighborhood, can reduce crime and raise the Among the quests were their two beautiful oped from the 1976 swine flu vaccine, almost quality of life for the residents of the develop- children and their four adorable grandchildren. 50 percent occur shortly after a viral infection ment. In 1952, three years after getting married, such as a sore throat or diarrhea. This should Many people contributed to Hillside's trans- the young couple moved into their first house. bring home how susceptible we all are to this formation, but the indispensable element, the They still live in that house 47 years later. As baffling disorder which is unpredictable and as driving force that made it happen, was the this century come to a close they have no of yet, it's cause is unknown. team of Ricardo Diaz and Bobbi Marsells. Ri- plans of moving out of their beloved home. In 1980, in response to the growing number cardo and Bobbi helped political leaders con- their devotion to this home, neighborhood, and of cases, Robert and Estelle Benson founded vince HUD that the revitalization strategy was community is unequaled. the Guillian-Barre Syndrome Foundation Inter- sound and they built and energized a coalition CONGRESSIONAL RECORD — Extensions of Remarks E779 of local supporters. As a result, Milwaukee The International Friendship Association of they met on the gridiron. The lessons that we won a $47.5 million HOPE VI award that Fujishiro was formed by involved citizens, learn from our High School Coaches apply made Hillside' remarkable transformation pos- businessmen and government leaders to pro- throughout our lives and will resonate with sible. They also took a very personal and ac- mote the newly established Sister City Rela- Coach Ray's players for years to come. Thank tive role in the implementation of Hillside's tionship between the two communities. I rise you Coach Ray for your leadership and for HOPE VI project, and the end result is a re- to recognize just a few: preparing these players to achieve such mon- flection of their commitment and vision. Yasuo Kobayashi-san, Mayor of Fujishiro, umental goals. I wish you luck in the 1999 Ricardo and Bobbi were not content to stop has provided leadership through personal and season and Godspeed to your graduating sen- at Hillside. They worked tirelessly over the civic involvement and pursuit to the goals of iors. Way to go Trojans! past few years to help secure a $34 million our Sister City Relationship. He has accom- f HOPE VI grant to revitalize the Parklawn Pub- panied a number of delegations from Fujishiro- lic Housing Development. Today, they are machi to Yuba City. His achievements in fur- INTRODUCING THE DISTRICT OF planning Parklawn's transformation, and I am thering the Sister City bond have awarded him COLUMBIA $5,000 HOMEBUYER confident that a few years from now, Parklawn great respect throughout the community in CREDIT ACT OF 1999 will reflect the same innovative vision that Hill- Yuba City. side represents today. Mamoru Sakamoto-san, President of the HON. ELEANOR HOLMES NORTON Mr. Speaker, very few people can look back International Friendship Association of OF THE DISTRICT OF COLUMBIA on a body of work and say that they helped Fujishiro and former President of the Fujishiro IN THE HOUSE OF REPRESENTATIVES change a whole community and set a new Town Council, is recognized for his personal Tuesday, April 27, 1999 standard for the nation. Fewer people still can and civic involvement in pursuit of the goals of say that they're planning to do it again. Be- the Sister City relationship. Ms. NORTON. Mr. Speaker, I have chosen cause of their determination, their devotion, Yukio Takegasa-san, Secretary General of today to introduce the District of Columbia their ingenuity, their charm, and their very, the International Friendship Association and a $5,000 Homebuyer Credit Act of 1999, a per- very hard work, Ricardo Diaz and Bobbi rice farmer, became acquainted with Sutter manent version of my $5,000 homebuyer Marsells are among the those few. On behalf County as an exchange student and assured credit, because Franklin Raines and the of the people of Milwaukee, I thank them for the success of the sister city relationship. Fannie Mae have significantly increased the their efforts to make our city a better place to Today, involved in international trade, he con- credit's value to D.C. residents by monetizing live. tinues to frequent the Yuba City area many the $5,000 credit. This means that D.C. resi- f times a year. dents will be able to convert the $5,000 home- buyer credit to cash to help make the down IN HONOR OF THE TENTH ANNI- Shin Kawaguchi-san, former president of the International Friendship Association of payment on a house. The credit alone will be VERSARY CELEBRATION OF THE the down payment on a $100,000 house in the SISTER CITY RELATIONSHIP Fujishiro is recognized for his personal in- volvement and relentless pursuit of the goals District. As a result, for a $100,000 house, no of our Sister City Relationship by being award- down payment will be necessary. HON. DOUG OSE ed the honor of ``Honorary Citizen'' of Yuba I am pleased that the President has already OF CALIFORNIA City. agreed to a one-year extension of the credit in IN THE HOUSE OF REPRESENTATIVES And lastly, it is fitting to pay tribute to Hisao his budget, and I am hopeful that Congress Tuesday, April 27, 1999 Yoshida, the late mayor of Fujishiro, for his vi- will approve this extension. The President Mr. OSE. Mr. Speaker, I rise today in rec- sion and leadership in the search for a sister acted because, like the Congress, he realizes ognition of the tenth anniversary of the estab- city relationship. He accompanied early dele- that if the District is to regain permanent sol- lishment of the sister city relationship between gations from Fujishiro-machi to Yuba City to vency, there is no substitute for rapidly in- Yuba City, CA, an agricultural community experience our lifestyle and build everlasting creasing the number of residents. The indis- which I represent, and Fujishiro, located in the friendships. pensable increase in the home sales we are Ibaraki Prefecture of Japan. Over the course Mr. Speaker, I ask my colleagues to join me seeing in the city today cannot continue with- of the last ten years, this relationship has al- today in congratulating the citizens of Yuba out a stable incentive that will be here for the lowed for educational, cultural, industrial, com- City, CA and Fujishiro, Japan, on their tenth foreseeable future. The tax base loss has munity and governmental exchanges which anniversary as sister cities. I extend my best been so devastating that the job before us is have benefitted the residents of both cities. wishes to both cities as they celebrate the literally one of repopulation. The District has In July of 1989, a delegation from Fujishiro happy occasion this month in Japan, and wish not yet regained a tax base sufficient to sus- came to Yuba City and a declaration of intent them many more years of friendship, coopera- tain the city. Its competitive position with the to enter a sister city agreement was com- tion, and cultural exchange. suburbs means it will not regain its tax base pleted. Other visits ensued, culminating in a f without very substantial incentives. signing ceremony in Yuba City in November The $5,000 homebuyer credit, limited by in- 1989. In February 1990, a Yuba City delega- CONGRATULATIONS TO THE TRINI- come, has proven itself as cheap way for the tion traveled to Fujishiro for a similar joint DAD TROJANS FOOTBALL TEAM federal government to have a large effect on signing. In the ensuing 10 years, there have reviving the city. The credit has been signifi- been several exchange delegations of adults HON. PETE SESSIONS cantly responsible for the phenomenal result and students. OF TEXAS that D.C. is now number one in home sales in Sutter County Supervisor Dennis Nelson, IN THE HOUSE OF REPRESENTATIVES the country. Home sales in the District in- President of the Sister City Association, has creased an extraordinary 50% last year, ``the Tuesday, April 27, 1999 encouraged the relationship with Fujishiro in fastest pace in the nation,'' according to a order to provide the citizens of both cities with Mr. SESSIONS. Mr. Speaker, it is my pleas- local analysis. We have gone from 14,206 a better understanding of each other through ure to rise today in recognition of a group of homesales in 1997, when the credit was en- exchanges which enhance the educational young athletes from the Fifth Congressional acted, to 21,406 last year. We have come and economic well-being of each city. District for an outstanding year in athletic from a few years back when people couldn't These exchanges have allowed hundreds of achievement. On Saturday, December 12, sell to today, when people can't buy. This is children and adults to have ``once in a life time 1998, the Trinidad Trojans became the first why Fannie Mae's effort to increase the supply experiences'' and to build friendships that Henderson County high school football team of affordable housing and to monetize the tax span the Pacific Ocean, contributing to peace to gain a state football championship in any di- credit are so welcome. and prosperity by transcending cultural diversi- vision, by winning the six-man state champion- The $5,000 homebuyer credit, coupled with ties through realizing our similarities and un- ship game. This team of exceptional young a rapid increase in housing stock and invest- derstanding our cultural differences. athletes displayed the determination and te- ment, are the best hope for increasing our The citizenry of Fujishiro-machi have pro- nacity required to achieve a perfect season by population on a permanent basis. When peo- vided vision, leadership and countless hours finishing the year with an unblemished record ple buy homes, they lay down roots and are of volunteer time furthering the Sister City Re- of 15±0. less likely to flee. The District has already lost lationship, providing significant cultural bene- I would also like to recognize the Trojans' three times the population in this decade as fits not only to the Yuba City delegations, but Coach, Kevin Ray for guiding these young the city lost during the entire 1980s, and D.C. also for the people of Fujishiro. men through training, practice and each test is still losing population. The credit helped E780 CONGRESSIONAL RECORD — Extensions of Remarks April 27, 1999 stimulate new population and could ultimately statewide organizations such as the California TRIBUTE TO PATRICK, MICHAEL help turn the city's population loss around. Highway Patrol, the Air Resources Board, The AND SEAMUS DOYLE For years, I have searched for natural ways Department of Industrial Safety, and many to increase revenue for the District. My large other local regulatory agencies. HON. PAT DANNER tax cut bill, the progressive flat tax, is a major In an industry where change is constant and OF MISSOURI leap forward and is still the most important ini- technology is king, WPGA has taken a leader- IN THE HOUSE OF REPRESENTATIVES tiative we could take to make the nation's cap- ship role in developing standards for safety Tuesday, April 27, 1999 ital thrive on its own. I will soon be announc- and training. The Association holds edu- ing a bill to make the entire city an enterprise Ms. DANNER. Mr. Speaker, on behalf of my cational seminars on topics ranging from an constituents, Peter and Virginia Doyle of Kan- zone. It will spread citywide the lucrative tax Emergency Response Rollover Program and breaks for D.C. businesses I won in the 1997 sas City, Missouri, it is my privilege to bring to the Certified Employee Training Program to your attention the exemplary service of their Taxpayer Relief Act. the Gas Check Program. WPGA also brings However, as the city looks for revenue, it three sons to the United States Army. Their crucial situation training to its members sons are Major Patrick Doyle, Captain Michael must not lose sight of the reality that there can through its Fire School Seminars. The fast- be no permanent increase in revenue without Doyle, and Captain Seamus Doyle. changing regulations and technologies of the Major Patrick Doyle was commissioned as a a permanent increase in our population. In- propane and fuel industry needs a member- vestment in housing is the best way to Second Lieutenant in the Infantry upon grad- ship organization dedicated to upholding the uation from the U.S. Military Academy, West achieve not only a livable city in all eight highest standards of safety and service, and wards, but a thriving city of taxpaying resi- Point, in May 1988. He served as Platoon WPGA has proven its commitment to its in- Leader in the 1st Battalion, 16th Infantry Regi- dents who own their own homes. dustry and community. I urge my colleagues to support this legisla- ment in Stuttgart, Germany. From there he Mr. Speaker, Western Propane Gas Asso- tion critical to the continued revitalization of was assigned as a Rifle Platoon Leader at the ciation brings a united, regional voice for local the nation's capital. United Nations Command Security Force-Joint businesses that might otherwise be lost f Security Area, Pan Mun Jom, Korea. His next amongst today's regulatory environment. I rise assignment was at Fort Bragg, North Carolina. WESTERN PROPANE GAS ASSOCIA- today to commend the organization and its He commanded Delta Company, 1st Battalion, TION HONORED ON THE OCCA- members for their successes and offer my 325 Airborne Infantry Regiment. He is Air- SION OF THEIR 50TH ANNIVER- best wishes for the future. borne, Air Assault, and Ranger Qualified. SARY Major Patrick Doyle is currently assigned as f a Foreign Service Officer and has completed HON. ROBERT T. MATSUI Language Training at the Defense Language IN RECOGNITION OF DR. DONALD Institute, Presidio, Monterey, California. He re- OF CALIFORNIA DIX cently completed his Masters degree in Na- IN THE HOUSE OF REPRESENTATIVES tional Security Affairs at the Naval Post-Grad- Tuesday, April 27, 1999 HON. JAMES P. MORAN uate School in Monterey and is now posted at Mr. MATSUI. Mr. Speaker, I rise today to the U.S. Embassy in Abidjan, Ivory Coast. honor the Western Propane Gas Association OF VIRGINIA Captain Michael Doyle was commissioned on the auspicious occasion of their 50th anni- IN THE HOUSE OF REPRESENTATIVES as a Second Lieutenant in the U.S. Army Re- serve upon graduation from the University of versary. Tuesday, April 27, 1999 Western Propane Gas Association has Kansas in May, 1990. While enrolled in the spent the last fifty years breaking down the Mr. MORAN of Virginia. Mr. Speaker, I rise R.O.T.C. program at the University of Kansas, barriers and building bridges between its today to recognize the enormous accomplish- he spent six weeks in Troup Leadership Train- members in the West and legislators in Cali- ments and contributions made by Dr. Donald ing in Korea. He attended the Officer's Basic fornia and Washington. From legislative advo- Dix of McLean, Virginia, a distinguished public Course at Fort Riley. He has served in various cacy to economical insurance, its efforts pro- servant who is retiring from the Department of units as Platoon Leader and Executive Officer mote industry awareness and provide a great Defense after 18 years of government service. in both Kansas City, Missouri and Athens, service to their members and to the legislators Dr. Donald M. Dix will retire as Director of Georgia. He is currently assigned as the S±4 representing our shared constituency. the Office of the Director of Defense Research at the 357th Corps Support Battalion in Ath- Western Propane Gas Association main- and Engineering. During this time, Dr. Dix ens, Georgia. Michael is employed by tains constant communication with state regu- managed two critical national technology pro- BellSouth Company as a Market Manager in latory agencies through its interaction and lob- gramsÐthe Integrated High Performance Tur- Atlanta, Georgia. He received his Masters de- bying. At the state level, WPGA is a pivotal bine Engine Technology program and the Inte- gree in corporate finance from Kennasaw voice at the California Assembly and Senate grated High Payoff Rocket Propulsion Tech- State University, Atlanta, Georgia. Captain Seamus Doyle was commissioned hearings, presenting the industry position on nology program. as a Second Lieutenant Artillery Officer upon legislative topics. Through their Government The Integrated High Performance Turbine Affairs Committee, WPGA informs its mem- graduation from the U.S. Military Academy, Engine Technology (IHPTET) program aims to West Point, in May 1994. He attended the bers of valuable federal regulatory alerts, safe- double the national turbine engine perform- ty bulletins and an industry specific bi-monthly Field Artillery Officer Basic Course, and is Air- ance capability by the turn of the century. The borne, Air Assault, and Ranger qualified. He newsletter. WPGA provides its members with F±117, B±2, F±15E, F±16C/D, and Tactical professional and knowledgeable assistance on was assigned as a Fire Direction Officer and Tomahawk are possible because of the lead- Platoon Leader in the 1st Battalion, 8th Field numerous issues that impact the propane in- ing edge work of the IHPTET. dustry. Artillery, 25th Infantry Division (light) at Recently WPGA accepted the responsibility The objective of the Integrated High Payoff Schofield Barracks, Hawaii. Following the acti- of managing the propane industry's interests Rocket Propulsion Technology (IHPRPT) pro- vation of 1±8 FA, he served as the 25th ID(L) in the growing field of Clean Air Alternate gram is to double the national rocket propul- Division Current Operations Officer. He is cur- Motor Fuels. They assembled a Clean Fuels sion capability by 2010. Systems such as the rently assigned as an Installation Plans Officer Task Force to bring their members research, Evolved Expendable Launch Vehicle, X±33, at Fort Carson, Colorado. testimony, and technical information from reg- AIM±9X, and Trident D±5 Life Extension are f ulatory boards and engine manufacturers. supported by the fine work conducted by the IHPRPT. THE MERRILL S. PARKS, JR., FBI WPGA's leadership in alternative fuel regula- BUILDING tions is crucial not only to the success of their Dr. Dix's leadership on both of these pro- members, but also to the safety and preserva- grams have allowed this country to maintain HON. ROSA L. DeLAURO tion of its environment. its edge in these critical technology areas. OF CONNECTICUT In addition to its legislative review and advo- Mr. Speaker, I ask my colleagues to join me IN THE HOUSE OF REPRESENTATIVES cacy agenda, the Western Propane Gas Asso- in thanking Dr. Donald Dix for his significant ciation also provides liaison advisory services contribution toward maintaining this country's Tuesday, April 27, 1999 to its members. For example, WPGA main- national security. I wish him well in his retire- Ms. DELAURO. Mr. Speaker, I rise today to tains contacts and facilitates interaction with ment and all of his future endeavors. introduce legislation that will name the soon- CONGRESSIONAL RECORD — Extensions of Remarks E781 to-be completed Federal Bureau of Investiga- woman from Texas admitted to the bar of the In light of the numerous statistics that indi- tion building in downtown New Haven in mem- Supreme Court of the United States. When cate Americans today are less involved in their ory of Special Agent Merrill S. Parks, Jr. It is she died in 1978, she left a legacy of a com- communities than they once were, it's vital an honor to do so. mitment to Judaism, a belief in the importance that we encourage and support the kind of Before his untimely death earlier this month, of contributing to the community, and the need selfless contribution this young citizen has Merrill Parks served as special agent in for individuals to act responsibly and with in- made. People of all ages need to think more charge for the State of Connecticut, a post he tegrity at all times. about how we, as individual citizens, can work held since 1994. During his time in New Madeleine Appel has demonstrated her together at the local level to ensure the health Haven, Special Agent Parks gained the re- commitment to her profession, community, and vitality of our towns and neighborhoods. spect and admiration of local law enforcement, and family in such a manner as to distinguish Young volunteers like Miss Walsh are inspiring and it was at their suggestion, and the urging herself as a role model for other women to fol- examples to all of us, and are among our of those he served most closely within the low. brightest hopes for a better tomorrow. New Haven FBI office, that the new FBI build- Madeleine Appel presently serves as admin- f ing bear his name. istration manager in the Comptroller's Office of During his 30-year career, Special Agent the City of Houston. Her work experience with HONORING PAULINE GOLDMAN Parks battled organized crime in the FBI's the City of Houston has included a number of New York Division and worked with the Drug positions: administrator/senior council aide, HON. SHELLEY BERKLEY Enforcement Agency in the fight against Mayor Pro-Tem Office; Houston City Council OF NEVADA drugs. Before coming to New Haven in 1994, from 1996±1997; senior council aide, Houston IN THE HOUSE OF REPRESENTATIVES Parks served with distinction as the Assistant City Council member Eleanor Tinsley 1980± Tuesday, April 27, 1999 Special Agent in charge of the Houston, TX, 1995; and administrator, Election Central, division. ICSA. She has also worked for Rice Univer- Ms. BERKLEY. Mr. Speaker, I rise today to It is altogether fitting that agents based in sity. honor one of Las Vegas' most outstanding New Haven will work in a building named for She began her career as a journalist work- seniors on the occasion of her 78th birthday. a man who exemplified the best in law en- ing as an assistant women's editor and re- Ms. Pauline Goldmann and her husband Bill forcement. I would also like to include in the porter at the Corpus Christi Caller and Times. retired to southern Nevada in June 1978. Al- RECORD a letter of support from FBI Director Additionally, she worked as the women's edi- though Bill died in 1991, Pauline remains one Louis J. Freeh and to thank him for his sup- tor and assistant editor for the Insider's News- of the most active and influential seniors in port. letter and as a reporter for The Houston Las Vegas. Throughout her life, Pauline has Most of all, I want to pass along my deepest Chronicle where she won the ``Headliners been a tireless advocate for working Ameri- condolences to the family of Special Agent Award.' She received her B.A. from Smith Col- cans. Among their many accomplishments in Parks. I hope to see them in New Haven very lege in political science and graduated Magna the battle for workers' rights, Pauline and Bill's soon when we officially unveil the Merrill S. Cum Laude. first fight succeeded in allowing auto workers Parks, Jr., Federal Building. Madeleine Appel's community involvement the right to leave the assembly line to use the restroom. Believe it or not, this was an un- DEPARTMENT OF JUSTICE, includes Scenic America, League of Women FEDERAL BUREAU OF INVESTIGATION Voters of Texas, Houston Achievement Place, precedented victory for auto workers. Pauline Washington, DC. Jewish Family Service, League of Women also organized the United Auto Workers Retir- Hon. ROSA DELAURO, Voters of Houston, Houston Congregation for ees Council, which remains one of Las Vegas' House of Representatives, Reform Judaism, Houston Architecture Foun- most vibrant and active senior groups. In addi- Washington, DC. tion, Pauline was instrumental in organizing DEAR CONGRESSWOMAN DELAURO: I want to dation, American Jewish Committee, City of Houston Affirmative Action Committee, and the Paradise Democratic Club and the Na- thank you for agreeing to sponsor legislation tional Council of Senior Citizens, and she was naming the new federal building that will Leadership Houston Class XII. a founding member of Seniors United. With all house the FBI’s New Haven Field Office after Madeleine Appel has been married for 36 of these commitments, Pauline still finds time Merrill S. Parks, Jr. Merrill was, until his years to Dr. Richard F. Appel and she is the to be an active member of the Nevada Senior recent death, the Special Agent in Charge of proud mother of two sons and two daughters- the office, and a widely respected member of Coalition, the Executive boards of the Nevada in-law. the local law enforcement community. He State Democratic Party, and the UCLA Gene- Mr. Speaker, I congratulate Madeleine had a long and distinguished career with the alogy Board. Pauline was also appointed by Appel for her service to her community and to FBI. Governor Bob Miller to serve on the Silver Houston. She is the best of public servants All of us at the FBI support this endeavor. Haired Legislative Forum. This group, com- It seems a fitting tribute to an agent who de- and an inspiration to others who want to en- prised of seniors from all over the state, voted his life to public service and public gage in public service. makes recommendations to the State Govern- safety. f I am hoping that your leadership on this ment regarding senior needs and services. matter will ensure its swift passage. From HONORING DANA WALSH FOR HER Pauline has been recognized by the AFL±CIO all of us at the FBI, I want to again express COMMUNITY SERVICE for her political volunteerism, as well as being our gratitude for your attention to this mat- named the Outstanding Grass Roots Demo- ter, and your continuing support for law en- crat of 1991 by the Paradise Democratic Club. forcement. HON. PETER T. KING Pauline was also honored as the Family Care Sincerely yours, OF NEW YORK Giver of the Year in 1991 and was appointed LOUIS J. FREEH, DIRECTOR. IN THE HOUSE OF REPRESENTATIVES to the White House Conference on Aging in 1995 by U.S. Senator RICHARD BRYAN. At the Tuesday, April 27, 1999 f age of 78, Pauline is one busy lady, attending Mr. KING. Mr. Speaker, I rise today to honor HONORING MADELEINE APPEL meeting after meeting in Las Vegas. She is and recognize Dana Walsh of Oceanside, well-respected and sets the highest standards New York for her outstanding fundraising ef- of civic participation. Time and again, Pauline HON. KEN BENTSEN forts on behalf of the Cystic Fibrosis Founda- has proven her dedication to working families OF TEXAS tion. and seniors. Southern Nevada has the fastest- IN THE HOUSE OF REPRESENTATIVES Miss Walsh is an eighth grade student at growing seniors population in the country, so, Oceanside Middle School where she proposed to all the new seniors moving to Las Vegas, Tuesday, April 27, 1999 and coordinated a phone-a-thon which raised I would like to say one thingÐyou could not Mr. BENTSEN. Mr. Speaker, I rise to honor $3,000 for the Cystic Fibrosis Foundation. She be luckier to have someone as devoted as Madeleine Appel, who is this year's recipient was inspired to fight for those who suffer from Pauline working on your behalf. At this time, I of the Houston Chapter of the American Jew- Cystic Fibrosis upon learning that the median ask my colleagues to join me in honoring this ish Committee's Helene Susman Woman of survival age is only 29. She spent weeks or- outstanding senior who sets the standard for Prominence Award. Helene Susman was a ganizing the evening event and in the end, tri- civic virtue, not only in Las Vegas, Nevada but widowed mother of two who became the first pled her original goal. throughout our Nation. E782 CONGRESSIONAL RECORD — Extensions of Remarks April 27, 1999 CONGRATULATIONS ON THE BIRTH ance the competing demands of running a 1, the House of Representatives passed H.R. OF SIMON LANIEL COPELAND business, actively involving herself in civic af- 1554, the Satellite Home Viewer Act of 1999, fairs, and raising a family. which I supported. This legislation ensures HON. BOB ETHERIDGE Bernice Bianco Palmiere will receive an Ex- that many of my constituents will continue to OF NORTH CAROLINA cellence in Education Award for her 37 years receive television network programing. The bill IN THE HOUSE OF REPRESENTATIVES of involvement in education. A graduate of extends for five years compulsory licenses, Carlow College with a Masters Degree in edu- which require superstations and distant broad- Tuesday, April 27, 1999 cation, she taught at St. Joseph School in cast stations to allow their signal to be retrans- Mr. ETHERIDGE. Mr. Speaker, I rise today Bloomfield for 27 years and served as Assist- mitted by satellite carriers. In order to promote to welcome a brand new constituent to the ant Principle for seven of those years. She competition, the bill sets specific prices at Second Congressional District of North Caro- was also actively involved in the consolidation which the intellectual property owners, or lina, Master Simon Laniel Copeland. Simon of three local Catholic schools. broadcasters, will be paid for having their sig- was born on March 31, 1999 to proud parents An Excellence in Education Award will also nal rebroadcasted. Tony and Monique Copeland and to big broth- be given to Virginia Gualdaroni DiPucci for a It is ironic that even as we vote to allow er Elliot Laniel Copeland. I would like to con- career in education stretching over thirty compulsory licensing today, we are interfering gratulate the Copelands on the wonderful new years. Mrs. DiPucci earned degrees from four in another country's attempt to address a pub- addition to their family. local universitiesÐthe University of Pittsburgh, lic health crisis through giving consumers ac- As a father of three, I know the immeas- Indiana University of Pennsylvania, Duquesne cess to international markets and through the urable joy and pride that children bring into University, and Carnegie Mellon UniversityÐ use of compulsory licensing. It is estimated your life. Their innocence keeps you young-at- and she used her education to serve local 3.2 million South Africans are HIV positive, in- heart. Through their inquiring minds and children, first as a teacher and later as a prin- cluding 45 percent of its military. One in five child's wide-eyed wonder, they show you the cipal at local schools. South African pregnant women test positive world in a fresh, new way and change your An Extra Mile Award will be presented to Bill for HIV. Access to affordable medicine is also perspective on life. A little miracle, a new baby Kovach for his efforts as a volunteer photog- a critical issue for the elderly and others suf- holds all the potential of what human beings rapher for many local organizations. He has fering from chronic diseases and medical con- can achieve. Through this new life God has photographed countless community events for ditions. Prescription drugs are not currently an blessed the Copeland family. local papers like the Valley Mirror, the Alle- option for many patients in South Africa, I have known Tony Copeland for many gheny Journal and the Daily Messenger. He where the drugs often cost more than they do years, and I know that he will be as wonderful provided a particularly important community in the United States. The 1997 per capita in- a father to Simon and Elliot as he has always service by documenting the 1987 train derail- come in South Africa was estimated to be only been a friend to me. I wish Simon and his ment. He has also volunteered this time to a $6,200 annually. family much love, joy, and success in life. number of local civic organizations. To address the problem, President Mandela f Public Safety Awards will be given to C.O.P. and the South African Government enacted a Officer Kurt Kondrich and C.O.P. Officer W. law in 1997 to reform the country's prescrip- BLOOMFIELD CITIZENS COUNCIL Scot Green, who have worked diligently as tion drug marketplace. The law amends the AWARDS Bike Patrol officers to prevent crime in Bloom- South African Medicines Act to allow prescrip- field and keep the community safe. tion drugs to be purchased in the international HON. WILLIAM J. COYNE The Bloomfield Citizens Council will also marketplace where prices are lower. It would OF PENNSYLVANIA present a number of awards for Christmas also allow compulsory licensing in some IN THE HOUSE OF REPRESENTATIVES decorations this year. John Scanga will re- cases. Regulations implementing the law have Tuesday, April 27, 1999 ceive the Keeping Christ in Christmas Award not been implemented while the law is being for his Nativity scene display. Brian Scanlon constitutionally challenged in South African Mr. COYNE. Mr. Speaker, I rise today to will receive the Most Outstanding and Com- courts by drug makers in their country. pay tribute to a member of Pittsburgh resi- pletely Decorated Home Award this year for However, the pharmaceutical industry has dents who will be honored on April 30th with putting Christmas lights on ``anything that persuaded the United States government to Bloomfield Citizens Council Awards. Every couldn't walk away.'' Phyllis Kutosky and Lu- work to have the South African law repealed. year, the Bloomfield Citizens Council gives out cille TotoreaÐa mother-and-daughter teamÐ In February, the United States Department of these awards to recognize members of the will once again receive the Most Elaborate State released a report titled, U.S. Govern- community who have, in some way, improved Property Decoration Award for decorating their ment Efforts to Negotiate the Repeal, Termi- the quality of life in the Bloomfield neighbor- long double lot. And finally, the Most Creative nation or Withdrawal of Article 15(c) of the hood of Pittsburgh. I would like to take this op- Design Award will be presented to Mark South African Medicines and Related Sub- portunity to commend the 1999 award winners Wohlfarth for creating a 36-foot high outline of stances Act of 1965. for their efforts to make Bloomfield a better a white Christmas tree on a blank wall of his While special interest groups have tried to place to live. home and decorating it with large red bows. convince members of Congress and the ad- Ruth and Vic Infante have been selected as These five individuals all helped bring the joy ministration that implementation of the South the 1999 recipients of the Mary Cercone Out- of the holiday season to their neighbors. African Medicines Act would cause violations standing Citizen Award. This award is given to In closing, let me just say that all of the indi- of international intellectual property rights individuals who demonstrate ``an unselfish viduals receiving 1999 Bloomfield Citizens agreements, I have seen no evidence that commitment to others and a deep love for the Council awards have made important contribu- such violations are likely to occur. Compulsory community of Bloomfield.'' Ruth and Vic tions to the quality of life in Bloomfield. On be- licensing is not an assault on intellectual prop- Infante have been actively involved in volun- half of the residents of Bloomfield and the rest erty rights. Instead, it is part of the copyright teer activities and community organizations of the 14th Congressional District, I thank and patent systems which enable the interest like the Bloomfield Senior Center and the them for their efforts and congratulate them on of the public to be served. Compulsory licens- Bloomfield Citizens Council for more than 40 their selection as recipients of 1999 Bloomfield ing is permitted under Article 31 of the WTO years. Citizens Council awards. Agreement on Trade Related Aspects of Intel- A Community Commitment Award will go to f lectual Property Rights (TRIPS). In fact, Barry Deems who has worked for the last 14 French law authorizes compulsory licensing years as Vice President of the Western Penn- COMPULSORY LICENSING IS NOT when medicines are ``only available to the sylvania Hospital to promote good relations AN ASSAULT ON INTELLECTUAL public in insufficient quantity or quality or at between the hospital and the community. His PROPERTY RIGHTS abnormally high prices.'' efforts to make the hospital's new facilities fit Today, the House of Representatives wisely harmoniously into the surrounding community HON. MARION BERRY exercised its power to continue the use of have been greatly appreciated. OF ARKANSAS compulsory licensing in the broadcast industry Gloria LeDonne will receive a Neighborhood IN THE HOUSE OF REPRESENTATIVES to allow consumers to have access to broad- Loyalty Award for her dedicated work as a cast signals, that in many instances they member, secretary, and president of the Tuesday, April 27, 1999 would otherwise be unable to receive. Cer- Bloomfield Business Association. She is to be Mr. BERRY. Mr. Speaker, I am thankful that tainly, the United States government should commended for her ability to successfully bal- today, by an overwhelming majority of 422 to recognize the need of a government to allow CONGRESSIONAL RECORD — Extensions of Remarks E783 its citizens to have access to needed medicine Mr. Speaker, I proudly rise to honor the Vet- THE TAX EQUITY PRESERVATION in order to address a public health crisis and erans of Foreign Wars of the United States. ACT OF 1999 should not interfere with the situation in South All Americans, past, present, and future, deep- Africa. ly appreciate their service and devotion. HON. PHILIP M. CRANE f OF ILLINOIS f RECOGNIZING THE EFFORTS OF IN THE HOUSE OF REPRESENTATIVES THE EMPLOYEES OF ROCKLAND CELEBRATING 300 YEARS OF THE Tuesday, April 27, 1999 COUNTY SEWER DISTRICT NO. 1 SIKH COMMUNITY Mr. CRANE. Mr. Speaker, yesterday I intro- duced the Tax Equity Preservation Act of HON. BENJAMIN A. GILMAN 1999, H.R. 1561, to repeal the Alternative Min- OF NEW YORK HON. GREGORY W. MEEKS imum Tax, the AMT, on individuals. IN THE HOUSE OF REPRESENTATIVES OF NEW YORK The AMT must be one of the most perverse Tuesday, April 27, 1999 provisions found in the entire complex of the IN THE HOUSE OF REPRESENTATIVES Mr. GILMAN. Mr. Speaker, I would like to Internal Revenue Code. Like many of the take this opportunity to recognize the efforts of Tuesday, April 27, 1999 taxes designed to make Americans pay their the employees of Rockland County Sewer Dis- ``fair share'' to the government, the AMT is Mr. MEEKS of New York. Mr. Speaker, on trict No. 1 in collecting over 7 billion gallons of very inefficient and subjects taxpayers to a April 10th, this city was treated to the sight of sewerage annually, treating it, and returning form of double jeopardy. clean water to the environment and the com- the thousands of Americans of the Sikh reli- Over the last few months as Americans pre- munity. gion marching through Washington to cele- pared their 1998 tax returns, they faced an As the 106th Congress works to protect and brate the 300th anniversary of the Sikh's most array of tax deductions, exclusions and ex- provide clean water to the communities of our sacred event, the founding of the ``Khalsa'' emptions which, depending on their cir- nation, we must not forget those who make (Community of Sikh believers). For Sikhs in cumstances, they could use to legitimately re- our legislation a reality. Their dedication pro- this country and around the world, it was a sa- duce their tax burden. For example, the Code tects each one of us from the pollutants which cred and inspiring day. includes personal and dependent deductions. threaten the health and welfare of our children However, both the reporting of the march In addition, Congress recently provided par- and our families. and several subsequent comments placed in ents with a tax credit for each of their children to help with the cost of raising the kids. There In this spirit, the employees of Rockland the CONGRESSIONAL RECORD, made it appear are yet other tax credits available to help off- County Sewer District No. 1 will be celebrating as if the march was something it was not. For set the cost of education such as HOPE ``Water Week,'' from May 2nd through May some reason, the comments in the newspaper Scholarships and Lifetime Learning credits. 8th, 1999. This event will celebrate the way and elsewhere made it appear as if the entire Taxpayers may also deduct their medical ex- people are working to protect and improve our U.S. Sikh community was here to advocate penses when they exceed 7.5 percent of their water. It will provide the citizens of Rockland separation from India, home of the world's County with tours and exhibits promoting income. largest Sikh community. This was simply not More and more taxpayers are finding that, clean water initiatives; and will recognize true. The Sikhs who came to Washington trav- those individuals who have dedicated their after they fill out their tax forms and take all eled here to show pride in their religion and their legitimate deductions and exclusions, lives to protecting their community water sup- their way of life. They came to celebrate the ply. Uncle Sam is telling them that they did not deep and abiding three-century heritage as pay enough taxes. They must then start all Once again, I would like to thank the em- found among the 22 million Sikhs worldwide. ployees of Rockland County Sewer District over with a new stack of tax forms and com- No. 1 for their hard work and continued dedi- It is a heritage that has enriched both this pute their Alternative Minimum Tax. Unfortu- cation. nation and the Sikhs home country, India. nately, many of the deductions, exemptions f Sikhs have served at all levels of government and credits available under the ordinary in- in India, including the Presidency. They have come tax are not available, or are reduced, TRIBUTE TO VETERANS OF FOR- played a key role in India's economic and mili- under the AMT. EIGN WARS OF THE UNITED tary development. The vast majority of Sikhs For example, taxpayers subject to the AMT STATES are committed to India and its continued may not take personal and dependent exemp- progress. The Sikh community is held in high tions. State and local taxes are exempt under HON. BOB SCHAFFER regard by all Indians. the ordindary income tax, but not under the AMT. Tax credits for children and education OF COLORADO Sadly, a small number of Sikhs here seem credits cannot be used to reduce the AMT IN THE HOUSE OF REPRESENTATIVES to have been determined to pervert the pur- burden. Even the deductibility of medical costs pose of the march. It was their intent to pro- Tuesday, April 27, 1999 is more restrictive under the AMT, with only mote a narrow agendaÐa partial dissolution of expenses exceeding 10 percent of income eli- Mr. SCHAFFER. Mr. Speaker, today I rise the world's most populous democracy, India. gible for deductions. to honor of the Veterans of Foreign Wars of While this small minority is vocal and active, it the United States (VFW). The VFW is dedi- Although designed to prevent ``rich'' tax- is a very small minority of American and world cated to protecting the rights and families of payers from avoiding taxes, becuase the AMT Sikhs. But being active, it was their comments those who have served in the United States exemptions and deductions have not kept that got reported in the press and reprinted in military. This year marks the 100-year anniver- pace with inflation, more and more middle in- the RECORD. What they espouse, a separate sary of the VFW. come taxpayers are falling victim to the AMT. homeland for Sikhs has virtually no support in For over 200 years, the U.S. Armed Forces The AMT exemption amounts are only the Sikhs traditional homeland, the Punjab of have fought for freedom and protected the $33,750 for single filers and $45,000 for mar- India, and very little support here in the United natural born rights of every American citizen. ried couples filing joint returns. Congress last States. And for good reason. Rupturing the Blood, sweat and tears of these men and updated these in 1993 and did not index them territorial integrity of India invites greater insta- women have built and solidified our great na- for inflation. bility in a region of the world where U.S. inter- tion into a worldwide stronghold. In 1899, the The Tax Equity Preservation Act will relieve ests are best served by stability. Veterans of Foreign Wars of the United States taxpayers from the burden of filling out two established itself a defender of the American Mr. Speaker, the April 10 march showed the separate stacks of tax forms and paying high- veteran. To ensure their protection, the VFW finest of AmericaÐfreedom of religion, free- er taxes. Although we could help middle-in- continually echoes the soldier's voices through dom of assembly, freedom of speech. The come Americans by increasing the AMT ex- the halls of Congress and stands tall for wid- great numbers of Sikhs who visited our city re- emptions and indexing them for inflation, that ows whose spouses died across vast oceans cently came here to celebrate their religion would only add more complexity to the Code. and in the depths of foreign jungles. The VFW and their way of life. Any suggestion that The better way to preserve tax equity is to promotes veterans not only in times of war, these Sikhs came here with a political agenda simply abolish the AMT. but also when they return from battle, in times is incorrect and does a disservice to the com- I commend H.R. 1561, the Tax Equity Pres- of peace. munity at large. ervation Act of 1999, to the attention of my E784 CONGRESSIONAL RECORD — Extensions of Remarks April 27, 1999 colleagues and ask them to join me in the ef- government, high taxes, improving our chil- REGULATORY FAIRNESS AND fort to repeal the AMT on individuals by co- dren's education, etc. But the prevailing con- OPENNESS ACT OF 1999 sponsoring this bill. cern is a ``lack of moral leadership,'' ``hon- f esty,'' ``corrupt administration,'' ``moral deterio- HON. ALLEN BOYD ration,'' ``decline in ethics and morals,'' and `` APRIL IS PREVENTION OF OF FLORIDA moral decay.'' This message was repeated IN THE HOUSE OF REPRESENTATIVES CRUELTY TO ANIMALS MONTH over and over again. The people of Colorado understand the qualities our Founding Fathers Tuesday, April 27, 1999 HON. BENJAMIN A. GILMAN identified in order to continue the stability of Mr. BOYD. Mr. Speaker, crop protection OF NEW YORK our Republic, requiring the cultivation of per- tools are necessary for family farmers to pro- IN THE HOUSE OF REPRESENTATIVES sonal morality and responsibility, and courage vide a safe and reliable food supply to the consumer and the Environmental Protection Tuesday, April 27, 1999 to stand up for those values. The number concerned for our country's Agency (EPA) must use sound science to Mr. GILMAN. Mr. Speaker, April is Preven- moral leadership was followed closely by their evaluate and determine which products are tion of Cruelty to Animals Month. At this time outrage over President Clinton's decision to in- dependable and safe. If this is not accom- each year, parents, teachers, and humane volve the U.S. military in Kosovo. Folks sup- plished, safe and useful crop protection prod- educators in small towns and large cities port a strong military but they urged our ucts will be unavailable for use by the family across America teach young people to take troops' return from the civil dispute in Kosovo. farmer and the quality and affordability of proper care of their family cats and dogs. To date, I have heard from no one supporting wholesome food supply will be jeopardized. They also teach them to spay and neuter their this recent military venture of the President's. For this reason, I joined several of my col- pets to prevent unwanted litters. The American leagues today in introducing the Regulatory The second question asked, ``What is the Society for the Prevention of Cruelty to Ani- Fairness and Openness and Act of 1999. This single most important issue to you or your mals has for more than 130 years taught us bipartisan legislation will give EPA the ability family?'' The answers to this question mirrored and our children these important lessons. to address potential problems with the reg- those they believe are important to the coun- Today, I ask the Congress to join with fami- istration and re-registration processes for crop try. They are demanding honorable and moral lies, educators, veterinarians, and fine organi- protection tools during the implementation of leadership of this country, believing it will zations such as the Prevent-a-Litter Coalition the Food Quality Protection Act of 1996. This cause a renewal of responsibility, morality and and the ASPCA, in urging the Postmaster bill ensures that the EPA has the capability to liberty in our society. General to issue a spay/neuter stamp so that adequately evaluate and analyze all available, this important message will appear on millions The survey continued, asking what people accessible data and information and to use of pieces of mail in the year 2000. Millions of think is the biggest challenge for our schools. the best science to determine which crop pro- stamps means millions of messages, which Responses included funds not reaching the tection tools will be available for the family will save millions of lives. classrooms; class sizes too big; worries over farmer. This Act does not change the FQPA Prevention of Cruelty to Animals Month is drugs and violence; Federal Government in- standards for pesticide evaluations, it clarifies also a most appropriate time, Mr. Speaker, for volvement in our local schools; lack of dis- the processes employed for evaluation in all of us in the Congress to support pending cipline and parental involvement; curriculum order to allow for full and scientifically correct legislation which will help alleviate pain, fear not teaching the basics; ridding the class- compliance with the requirements of the and suffering in animals. I urge my colleagues rooms of the teachers union; need for school FQPA. to support HR 443, The Downed Animal Pro- choice; and demand for more local control. Without the Regulatory and Openness Act tection Act, which would require the While the concerns are varied, it is unanimous of 1999, many crop protection tools will be euthanization at stockyards, feedlots, and auc- that people are concerned about the quality of eliminated for use by agriculture, putting the tions, of farm animals such as cows, pigs and education their children are receiving. farmers in the United States at a competitive sheep, if they have been so badly injured or Fourth District Coloradans, more than two- disadvantage with foreign imports. These im- weakened they can no longer walk on their to-one, oppose partial birth abortions and ports do not have to meet the strict regulatory own. I also urge for HR 453, the Pet Safety overwhelmingly oppose second amendment requirements that our farmers must follow. and Protection Act, which would make it more gun rights being restricted. But, perhaps the Further, if the EPA eliminates crop protec- difficulty for family pets to be stolen and ille- most compelling and almost unanimous re- tion tools without allowing time for the devel- gally sold to research facilities. More and more sponse comes in support of requiring Con- opment of new alternatives, family farmers will of our constituents are writing and asking for gress to balance the budget and reform taxes. lose crops to pest infestations and the con- improvements in the way animals are treated. The 105th Congress provided Americans sumer will lose the quality and quantity of food Accordingly, supporting humane legislation is with the first balanced Federal budget and the available to them. This bill encourages and a wonderful opportunity for all of us to be re- first budget surplus since 1969. Since the Re- supports research into expanded information sponsive to the American public in a positive, publican Congress proved we can balance the gathering on the use of crop protection tools bipartisan way. budget, people want us to ensure we will bal- and research into the development of new al- f ance the budget permanently. It is for this rea- ternatives for managing pests in agriculture. son I am proud to sponsor H.J. Res. 1, the I urge my colleagues to support this very HONORING AND ANSWERING THE important legislation. The Regulatory Fairness FOURTH DISTRICT OF COLORADO Balanced Budget Amendment Resolution of 1999. With a permanently balanced budget, and Openness Act of 1999 is important not the Federal Government will be forced to only for agricultural America, but for all Ameri- HON. BOB SCHAFFER prioritize money for programs important to cans. Through complete and thorough risk as- OF COLORADO Coloradans. sessments of crop protection tools using ac- tual and relevant data and sound science, the IN THE HOUSE OF REPRESENTATIVES Respondents differ on whether a flat tax or EPA and family farmers can continue to pro- Tuesday, April 27, 1999 consumption tax would be best, but folks are vide our country's citizens with the safest, almost unanimous in believing the IRS tax Mr. SCHAFFER. Mr. Speaker, I rise today most abundant food supply in the world. code should be abolished and Americans to speak about Colorado's Fourth Congres- f sional District and the opinions of my constitu- given much-needed tax relief. Without excep- ents concerning the direction their country is tion, no one asked for new taxes or new gov- THOUGHTS ON KOSOVO taking. Recently, I surveyed thousands of citi- ernment programs. zens about issues important to them. I would Mr. Speaker, I am grateful for the response HON. MARSHALL ‘‘MARK’’ SANFORD like to report to you the results of that opinion I received to the opinion survey. I shall con- OF SOUTH CAROLINA survey. sider this valuable input and share it with col- IN THE HOUSE OF REPRESENTATIVES The survey asked, ``What is the single most leagues. Americans should keep in close important issue facing our country today?'' Re- touch with their elected officials. This way, we Tuesday, April 27, 1999 spondents came back with a whole host of an- as public servants know our every move is Mr. SANFORD. Mr. Speaker, I rise today to swers including tax relief, preserving social se- being watched, and the measurement of our share with you thoughts on Kosovo from a curity, need for an effective missile defense achievement depends upon the betterment of friend back home, retired Vice Admiral Al system, the failing farm economy, too much their life, and that of their families. Baciocco. His insight as a military man speaks CONGRESSIONAL RECORD — Extensions of Remarks E785 powerfully to the U.S. actions in the Balkans. rately guided, against what is perceived by men and women who not only believed in I hope we will take the time to think through the world as—and in fact, is—a fundamen- these values, but lived them as well. the lucid thoughts he offers. tally civilian infrastructure of a small, rath- Best regards,’’ To: HON. MARK SANFORD er poor country—albeit led by a ruthless f From: Al Baciocco, VADM, USN (Ret), 747 thug! We have seen this happen before in re- Pitt Street, Mt. Pleasant, SC cent months—most of the time with ambig- WE NEED TO DEFEND OUR DEAR MARK: As you reconvene in Wash- uous results, at best. All too often today, the FREEDOM ington, DC, and begin debate on many impor- general populace and the media seem to view tant issues, I hope that you will consider the the deployment and use of such military HON. BOB SCHAFFER current KOSOVO situation an issue of crit- force with the same interest, fascination and OF COLORADO ical and major National Security impor- concern as they view a ‘‘video game’’! In my tance. I have taken the liberty of providing IN THE HOUSE OF REPRESENTATIVES view, cruise missiles are becoming—perhaps you a copy of an item I wrote to other senior Tuesday, April 27, 1999 retired military friends a few days ago, re- have become—‘‘TOO EASY’’ to use! Their flecting on my feelings about this engage- use does not demonstrate a clear commit- Mr. SCHAFFER. Mr. Speaker, I have ad- ment we have become involved in. I have ment of our nation’s soul—and a clear com- dressed this Congress a number of times re- also provided a copy of one of the responses, mitment to the fray of a nation’s soul is the garding the very real and serious threat our this one especially poignant, which I re- only sign that history demonstrates will country faces from ballistic missile attack. Very ceived from other retired senior Admirals. I deter and influence a tyrant to quickly stand few citizens realize our nation, the world's only thought these items might be of interest to down from his adventure. superpower, could not stop one single ballistic you—and perhaps useful in guiding your missile from striking American soil today. This thoughts. The National Soul is demonstrated by a My somewhat wordy epistle follows: willingness to commit ‘‘warriors’’ to the is not due to a lack of technological capability, ‘‘To all of John’s (and my) Friends— field, and to shed the blood of our young, if but rather, is a direct result of President Clin- I worry that I am somewhere out in left necessary, to achieve justice, freedom and ton's deliberate policy of vulnerability. field on this Kosovo disaster that we seem to what is morally right! Our nation was found- I have frequently and consistently engaged be marching further into, despite continued ed on these principles—and they should be the President and his administration on this opportunities for someone (anyone!) to speak overlooked, blurred, or discarded only at our issue because I believe it is one of the most up and bring the country to its senses! What peril. None of us were brought up believing important ones facing our nation. No other we hear and see the Serb military and their issue deals so directly with the security and leadership engaged in is grossly, morally that we were a nation that was capricious in wrong—beyond the limits of civilized tolera- the use of our military might. We were future of our democracy than one which con- tion! Given that, it is correct that the United brought up as, and are a nation and a people cerns the very defense of our territory and our States and the rest of the civilized world be of justice, of honesty, of principle founded on citizenry. engaged in correcting this outrage—politi- high moral ground! Have all of our men and Today, I responded rather directly to a letter cally, at least; militarily, if necessary! How- women in positions of leadership and respon- I received from Lieutenant General Lester L. ever, the actual endeavor in which we are sibility within our political and military hi- Lyles, Director of the Ballistic Missile Defense currently engaged—and the manner in which erarchy forgotten this? Has ‘‘political cor- Organization (BMDO), on March 12, 1999. In we have chosen (or allowed ourselves to be rectness’’ clouded their recall of history and his letter, General Lyles acknowledged the eased into) to carry out this endeavor is our heritage, their judgment, and their cour- troubling. clear and present threat to our nation, but Despite my long professional association age? failed to contradict, even once, the policy of with and personal respect for NATO—a mu- We should answer the question as to the assured volunerability established by the Clin- tual defense alliance with a proven track fundamental importance to the United ton administration. record for deterring aggression—I anguish States of America of the current situation In composing this response, I consulted that we are now engaged in a rather ambig- and of our current endeavor in the Balkans. many colleagues who share my concerns. uous mission to ‘‘deter with destruction’’ If the answer clearly measures up to the They have asked that the final draft be distrib- and to ‘‘punish’’ an offending European lead- uted to all Members. er who clearly has no moral conscience or standards and principles our nation stands standards of conduct, with the United States for, then we should openly, proudly and ag- Therefore, Mr. Speaker, I hereby submit for virtually abdicating its visible position of gressively take the political and military the RECORD, the full text of the letter I have leadership and allowing itself to be rep- lead, and complete the task—however long it today posted to General Lyles. resented by a European (NATO) presence, takes—with our Soul and our ‘‘warriors’’ CONGRESS OF THE UNITED STATES, with political and military leadership only fully committed! If it does not, we should de- HOUSE OF REPRESENTATIVES, vaguely understood by the American people part the field! April 15, 1999. and demonstrating only rather vague defini- LT. GEN. LESTER L. LYLES, So much for ‘‘Views from the Low Coun- tion, judgment and experience. I am offended Director, Ballistic Missile Defense Organization, try’’! I hope my stream of consciousness (and to find that briefings and statements de- Washington, DC scribing this very dangerous situation are conscience) is not too far off the mark! DEAR GENERAL LYLES: Your letter of being provided by ‘‘glib’’ NATO political and Warm regards, March 12, 1999, and Defense Secretary military ‘‘spokesman’’, not by the elected AL’’ Cohen’s January 20, 1999 remarks regarding and/or appointed, potentially-respected The response from another retired senior our ballistic missile defense program have ranking officials of the United States. Grant- Admiral follows: made clear to the Congress the reluctance of ed, we have allowed ourselves to become in- the Clinton administration to defend the ‘‘Dear Al, volved and engaged in this NATO (European) American people from the growing threat of show—albeit with some 75–80% of the re- Right on the mark in my opinion. I share long-range ballistic missile attack. Despite sources, combat troops, munitions, and ‘‘tar- your views and I believe that a large number the clear and growing threat posed by long- get for ultimate blame’’ provided by the of the active duty senior leadership does as range ballistic missiles, Secretary Cohen United States—but, if in fact this engage- well. The military power of our country is cannot even admit the need to deploy a bal- ment is truly in the vital National Security being applied to solve the world’s humani- listic missile defense. interests of the United States of America, tarian problems and we are creating more The threats are obvious and commanding. then the nation should hear this from its On August 31, 1998, North Korea successfully problems in the process. The United States leaders, both political and military, every tested a ballistic missile capable of striking hour and every day of its duration. We must of America is no longer perceived as a pro- the United States. In July 1998, the Rumsfeld clearly understand why we are there; we tector of freedom, but it is now an enforcer Commission issued an alarming and erudite must clearly be on the field exercising bold of ‘‘our way of life.’’ The image of the GI warning on the threat and proliferation of and realistic military judgment and direc- slogging through the mud or riding in the ballistic missiles. In April 1998, Pakistan’s tion; and we must be willing, in fact, must back of a jeep sharing some candy with the test of an intermediate range ballistic mis- demand—through our processes—that our children of a devastated community has been sile set off the May 1998 nuclear arms testing national leaders, both political and military, replaced with cruise missiles launched from race between India and Pakistan. In July act and be held accountable for their Con- ships that are 500 miles away or from air- 1998, Iran tested an intermediate range bal- stitutional and moral responsibilities! craft that nobody ever sees. listic missile, a step in its program for build- I am deeply troubled and honestly quite of- ing long-range ballistic missiles to attack fended as an American that we are expected We need to stop this madness and return to the United States. to feel good about seeing our forces calmly the values that have made this country During 1998, we learned China has 13 long- (and quite professionally) go about launching great. Tom Brokaw’s book, The Greatest range ballistic missiles aimed at various cruise missiles and bombs, however accu- Generation, talks about these values and the American cities. We also learned China is E786 CONGRESSIONAL RECORD — Extensions of Remarks April 27, 1999 building two new models of ICBMS which are Moreover, his administration plans to In summary, the Clinton administration, road-mobile and capable of striking the delay the deployment of any National Mis- despite inheriting over forty years of re- United States. In February 1999, reports re- sile Defense system until the year 2005 (this search and analysis into ballistic defense ar- vealed China’s active build-up of inter- particular system would exclude much of our chitecture, has yet to present or pursue the mediate and short-range ballistic missiles territory and assets), and plans not to deploy basic principles of an effective ballistic mis- threatening Taiwan, following in the foot- the Navy Theater Wide missile defense pro- sile defense architecture, which includes steps of China’s use of ballistic missiles to gram until the year 2007. multiple opportunities for intercepting a intimidate Taiwan in 1995 and 1996. President Clinton, through his actions, ballistic missile; continuous, global coverage In 1998, in spite of grace economic prob- will ensure the American people remain to protect the entire United States; and a lems, Russia continued construction on its undefended against the threat of long-range boost phase defense capability. new, road-mobile, long-range ballistic mis- ballistic missile attack for five years or PROGRAM sile designed to pierce ballistic missile de- more after the end of his administration. It is no small matter the Clinton adminis- fenses, the Topol–M. In addition, Russia, op- This record deserves emphasis and under- tration believes and maintains space-based erating under a decaying command and con- standing by every American. Despite a clear defenses are less technologically mature trol structure, still possesses hundreds of and growing threat from ballistic missile at- than ground-based defenses. Certainly the ballistic missiles and thousands of nuclear tack, this administration has ensured no de- administration is aware of America’s space warheads capable of destroying the United fense in the short term, and a lasting legacy superiority over the past 40 years, particu- States. of little or no defense for years to come. larly in the realm of payload transport and The deployment of a ballistic missile de- ARCHITECTURE positioning. It is much easier to position in fense is thoroughly warranted. The Clinton The only ballistic missile program even advance an interceptor in space than to administration’s policy to delay the deploy- contemplated is limited in scope and intrin- booster launch one under extreme reac- ment of a ballistic missile defense until the sically limited in effectiveness. Rather than tionary duress and severe time-constraints. year 2005, or later, is incompatible with the vigorously pursuing a variety of ballistic The deployment of interceptors or high-en- purpose of the federal government’s responsi- missile defense technologies and basing ergy lasers in space provides continuous, bility to provide for the common defense. I modes to provide multiple opportunities for global coverage—an advantage not shared by fear it will take a nuclear missile strike on intercepting long-range ballistic missiles the BMDO’s ground-based ballistic missile American soil before this administration and over the full course of their flight, the Clin- defense architecture. The BMDO is pursuing the Ballistic Missile Defense Organization ton administration has instead limited our an architecture inherently limited in its ca- (BMDO) admits to the need to deploy a bal- ballistic missile defense program to a single pability and guaranteed to provide a sub- listic missile defense. mid-course defense, foregoing the advantage optimal defense. RECORD of a boost phase defense. According to prior cost estimates by the In 1993, the Clinton administration inher- The proposal for a mid-course defense con- Strategic Defense Initiative Organization, ited a balanced and sophisticated ballistic sists of ground-based interceptors deployed the BMDO’s proposed ground-based inter- missile defense program utilizing space- at two sites, one in Alaska, and one in North ceptor system, consisting of approximately based interceptors, high-energy lasers, and Dakota, along with their associated radar. 100 interceptors, can be expected to cost be- theater missile defenses such as Navy The- This defense, while situated for ballistic mis- tween $20–$30 billion. Yet, for $10–$20 billion, ater Wide (Navy Upper Tier). These space- siles coming over the North Pole, is mis- we could build a system of Space Based based programs were in an advanced state of placed to deal with the threat of ballistic Interceptors, such as Brilliant Pebbles, which development. For example, Brilliant Pebbles missiles launched from sea, as in the case of would consist of approximately 1,000 inter- was ready to move into the acquisition Submarine Launched Ballistic Missiles. ceptors and include 10-year life cycle re- stage, having acquired approval by the De- The basic architecture of the Clinton ad- placement. For an additional $20–$30 billion, fense Acquisition Board. The time-frame for ministration’s ballistic missile defense pro- we could build a constellation of Space Brilliant Pebbles deployment, assuming a pro- gram forgoes the advantages of space-based Based Lasers providing a boost phase de- gram of modest acquisition streamlining, defenses. Such a defense would provide glob- fense. But rather than endorse a cost-effec- would have led to deployment before the al coverage and a boost phase defense capa- tive and technologically-feasible system of year 2000, or perhaps sooner, according to bility ground-based interceptors do not pos- space-based defenses, President Clinton fer- former Strategic Defense Initiative Organi- sess. The administration’s proposal also lim- vently argues against them. zation director, Ambassador Henry F. Coo- its its effectiveness against countermeasures The administration’s method of relying on per: such as submunitions, which even the Direc- only one contractor team to develop its bal- ‘‘In both the Space-Based Interceptor [Bril- tor of the BMDO admits is an advantage in listic missile defense program, and post- liant Pebbles] and other follow-on R&D areas, favor of a boost phase defense. poning a deployment decision until after a the pace at which system concepts can be fully The Clinton administration is inten- 2000 test, virtually guarantees the only op- developed and fielded is set by the available tionally rejecting the advantages of space- tion America will have is a limited system funding—not the state of technology [emphasis based defenses under various guises, claim- at a later time. Should this one test fail, the added]. Present schedules could be consider- ing either adherence to the ABM Treaty, a United States would remain undefended and ably shortened, perhaps up to half, if tech- desire not to ‘‘weaponize’’ space (as if long- without further options to field a ballistic nology limited development programs were range ballistic missiles armed with nuclear missile defense. Such a situation, wherein funded.’’ [Ambassador Henry F. Cooper, Sum- warheads traveling through space are not the very security and future of our nation mary of SDI Programs and Plans for Theater weapons), or denial of the technological ma- could hinge upon a single, limited system of and National Ballistic Missile Defense, January turity, cost effectiveness, and quick defense, is entirely unacceptable. 4, 1993, p. 12.] deployability of space-based defenses. BOOST PHASE DEFENSE Furthermore, a March 15, 1995 letter from To fortify its policy of non-deployment in The advantages of a boost phase defense, Dr. Edward T. Gerry to Senator Strom Thur- space, the administration in early 1993 can- largely unrecognized by the BMDO’s plan for mond confirmed the Space Based Laser pro- celed the Brilliant Pebbles program to build a national missile defense program, are wor- gram was entering a ten-year development and deploy Space Based Interceptors and re- thy of mention. These advantages include: and acquisition phase in a program using duced funding for the Space Based Laser pro- (1) Simplified target detection and identi- modest streamlining, as pointed out in Dr. gram to a token. Even today’s Space Based fication, aided by the boosting missile’s Gerry’s letter, signed by representatives of Laser program is operating at a budget 10% burning rocket and hot exhaust plume; Lockheed Martin and TRW, which included a or less than what is necessary to build a con- (2) Simplified identification and targeting summary of the Space Based Laser program stellation of Space Based Lasers. due to the larger size of a boosting rocket status and a ten-page attachment. Furthermore, in overseeing the Space over a hardened reentry vehicle traveling Had the Clinton administration vigorously Based Laser program, the administration has through the cold of space; funded and pursued these ballistic missile delayed the necessary development steps, (3) Simplified target destruction because a defense programs, including Space Based under the guise of waiting for new tech- boosting missile is under aerodynamic stress Interceptors, Space Based Lasers, and Navy nology, rather than advancing it today using and is unarmored compared to a hardened re- Upper Tier, we would already have ballistic current technology. By consistently con- entry vehicle. missile defenses deployed. Instead, in the fusing management teams and contractors To these inherent advantages of a Boost nearly eight years of its tenure, this admin- by transitioning from competition to a Phase Defense is added the ability to inter- istration has gone out of its way to block de- ‘‘community’’ team, and by de-emphasizing cept a ballistic missile before releasing its ployment of a ballistic missile defense, fight- the goal of testing a Space Based Laser in payload of multiple warheads, decoys, and/or ing the will of Congress in the mistaken be- space, the Clinton administration has great- clustered submunitions. A boost defense will lief it is better to leave the United States ly weakened the program. By placing the greatly mitigate the difficulties encountered vulnerable to attack than to defend our free- Space Based Laser in competition with the by an integrated ballistic missile defense dom and our lives. AirBorne Laser, rather than recognizing the downstream from the boost phase. The record is clear. After two full terms in unique and separate applications of each pro- Yet, the administration has chosen not to office, Mr. Clinton will have failed to deploy gram, the administration will even further pursue the development of a boost phase de- any defense against long-range ballistic mis- delay the development of Space Based La- fense capability for a national missile de- sile attack. sers. fense. CONGRESSIONAL RECORD — Extensions of Remarks E787

SUMMARY The Clinton administration claims the space-based defenses. [Commander John M. The Clinton administration opposes the de- ABM Treaty is the cornerstone of our ‘‘arms Pollin, There Are Limits on Sea-Based NMD, ployment of a national missile defense. control’’ policy, even though the Soviet Naval Institute Proceedings, April 1999, pp. Whether cloaking its opposition in a limited, Union freely violated the ABM Treaty in its 44–47.] ineffective defense program, rejecting the pursuit of a national missile defense and The Clinton administration’s policy of advantages of space-based defenses by claim- through its massive buildup of offensive nu- leaving the American people undefended ing technological infeasibility, restricting clear missiles. The ABM Treaty is outdated, from long-range ballistic missiles is dan- our ballistic missile defense program to a fact which even its author, Henry Kis- gerous, unconscionable, and indeed, an em- ground-based interceptors, or adhering to an singer, has admitted. Yet, President Clinton, barrassing chapter in our nation’s history. outdated and ineffective Anti-Ballistic Mis- through the BMDO Congressional liaison, We need to defend our freedom. sile (ABM) Treaty, the record of this admin- Commander John M. Pollin, is parading the Very truly yours, istration is clear—no ballistic missile de- ABM Treaty and its unratified amendments BOB SCHAFFER, fense for the American people. as a reason to delay the development of Member of Congress. Tuesday, April 27, 1999 Daily Digest

HIGHLIGHTS Senate agreed to H. Con. Res. 92, condemning the atrocities which oc- curred at Columbine High School in Littleton, Colorado. Senate Lott Amendment No. 270 (to the language pro- Chamber Action posed to be stricken by Amendment No. 267), in Routine Proceedings, pages S4213–S4312 the nature of a substitute. Page S4233 Measures Introduced: Thirteen bills and four reso- Lott Amendment No. 271 (to Amendment No. lutions were introduced, as follows: S. 881–893, S.J. 270), in the nature of a substitute. Pages S4233±40 Res. 22, S. Res. 86–87, and S. Con. Res. 30. A motion was entered to close further debate on Pages S4256±57 Amendment No. 267 (listed above) and, in accord- ance with the provisions of Rule XXII of the Stand- Measures Reported: Reports were made as follows: ing Rules of the Senate, a vote on the cloture motion S. 886, to authorize appropriations for the Depart- will occur on Thursday, April 29, 1999. Page S4232 ment of State for fiscal years 2000 and 2001; to pro- A unanimous-consent agreement was reached pro- vide for enhanced security at United States diplo- viding for further consideration of the bill on matic facilities; to provide for certain arms control, Wednesday, April 28, 1999. Page S4311 nonproliferation, and other national security meas- ures; to provide for the reform of the United Na- Appointments: tions. (S. Rept. No. 106–43) Advisory Committee on the Records of Congress: Measures Passed: The Chair announced, on behalf of the Democratic Leader, pursuant to Public Law 101–509, the ap- Condemning the Atrocities at Columbine High pointment of Elizabeth Scott of South Dakota to the School: By a unanimous vote of 99 yeas (Vote No. Advisory Committee on the Records of Congress. 92), Senate agreed to H. Con. Res. 92, expressing Page S4312 the sense of Congress with respect to the tragic shooting at Columbine High School in Littleton, Messages From the President: Senate received the Colorado. Pages S4242±47 following messages from the President of the United States: Y2K Act: Senate continued consideration of the mo- Transmitting the report of the Executive order or- tion to proceed to the consideration of S. 96, to reg- dering the Selected Reserve and certain Individual ulate commerce between and among the several Ready Reserve Members of the armed forces to ac- States by providing for the orderly resolution of dis- tive duty; referred to the Committee on Armed Serv- putes arising out of computer-based problems related ices. (PM–20). Page S4250 to processing data that includes a 2-digit expression of that year’s date, withdrawing the committee Nominations Received: Senate received the fol- amendment in the nature of a substitute, and taking lowing nominations: Joyce E. Leader, of the District of Columbia, to be Ambassador to the Republic of action on the following amendments: Pages S4218±40 Pending: Guinea. Page S4312 McCain Amendment No. 267, in the nature of a Messages From the President: Page S4250 substitute. Pages S4221±32 Messages From the House: Page S4250 Lott Amendment No. 268 (to Amendment No. Communications: Page S4250 267), in the nature of a substitute. Page S4232 Lott Amendment No. 269 (to Amendment No. Petitions: Pages S4250±56 268), in the nature of a substitute. Page S4233 Statements on Introduced Bills: Pages S4257±84 D437 D438 CONGRESSIONAL RECORD — DAILY DIGEST April 27, 1999

Additional Cosponsors: Pages S4284±85 rence J. Delaney, of Maryland, to be Assistant Sec- Amendments Submitted: Pages S4287±S4306 retary of the Air Force for Acquisition, and Carolyn L. Huntoon, of Virginia, to be Assistant Secretary of Notices of Hearings: Pages S4306±07 Energy for Environmental Management, after the Authority for Committees: Page S4307 nominees, who were introduced by Senator Warner, Additional Statements: Pages S4307±11 testified and answered questions in their own behalf. Record Votes: One record vote was taken today. INTERNATIONAL NARCOTICS- (Total—92) Pages S4246±47 TRAFFICKING Adjournment: Senate convened at 10 a.m., and ad- Committee on Armed Services: Subcommittee on Emerg- journed at 5:47 p.m., until 10:30 a.m., on Wednes- ing Threats and Capabilities concluded hearings on day, April 28, 1999. (For Senate’s program, see the the threat of international narcotics-trafficking and remarks of the Acting Majority Leader in today’s the role of the Department of Defense in the Na- Record on page S4311.) tion’s war on drugs, after receiving testimony from Gen. Barry R. McCaffrey, USA (Ret.), Director, Of- fice of National Drug Control Policy; Brian E. Sheri- Committee Meetings dan, Principal Deputy Assistant Secretary of Defense (Committees not listed did not meet) for Special Operations and Low Intensity Conflict; and Gen. Charles E. Wilhelm, USMC, Commander- APPROPRIATIONS—AGRICULTURE/FOOD in-Chief, U.S. Southern Command. AND DRUG ADMINISTRATION MOTOR CARRIER SAFETY PROGRAM Committee on Appropriations: Subcommittee on Agri- culture, Rural Development, and Related Agencies Committee on Commerce, Science, and Transportation: concluded hearings on proposed budget estimates for Committee concluded hearings on the effectiveness fiscal year 2000, after receiving testimony on behalf of the Motor Carrier Safety Programs and the organi- of the Department of Agriculture’s nutrition assist- zational structure of the Department of Transpor- ance programs from Shirley R. Watkins, Under Sec- tation, after receiving testimony from Kenneth M. retary for Food, Nutrition, and Consumer Services, Mead, Inspector General, Barbara Cobble, Program Rajen Anand, Executive Director, Center for Nutri- Director, Surface Transportation, and Eugene A. tion Policy and Promotion, and Dennis Kaplan, Conti, Jr., Assistant Secretary for Transportation Pol- Deputy Director, Office of Budget and Program icy, all of the Department of Transportation; James Analysis, all of the Department of Agriculture; and E. Hall, Chairman, and Joseph E. Osterman, Direc- after receiving testimony on behalf of the Food and tor, Office of Highway Safety, both of the National Drug Administration from Jane E. Henney, Com- Transportation Safety Board; Joan Claybrook, Public missioner, Michael A. Friedman, Deputy Commis- Citizen, on behalf of the Advocates for Highway and sioner for Operations, Robert J. Byrd, Deputy Com- Auto Safety, and John F. Murphy, International missioner for Management and Systems/Chief Finan- Brotherhood of Teamsters, both of Washington, cial Officer, all of the Food and Drug Administra- D.C.; Walter B. McCormick, Jr., American Truck- tion, and Dennis P. Williams, Deputy Assistant Sec- ing Associations, Inc., Alexandria, Virginia; Peter D. retary for Budget, all of the Department of Health Worthington, DATTCO, Inc., New Britain, Con- and Human Services. necticut, on behalf of the American Bus Association; and Stephen F. Campbell, Commercial Vehicle Safety APPROPRIATIONS—KOSOVO Alliance, Bethesda, Maryland. Committee on Appropriations: Committee concluded OUTER CONTINENTAL SHELF REVENUES hearings on the President’s proposed supplemental budget estimates to finance military and humani- Committee on Energy and Natural Resources: Committee tarian operations related to Kosovo, after receiving held hearings on S. 25, to provide Coastal Impact testimony from Jacob J. Lew, Director, Office of Assistance to State and local governments, to amend Management and Budget; John J. Hamre, Deputy the Outer Continental Shelf Lands Act Amendments Secretary of Defense; and J. Brian Atwood, Adminis- of 1978, the Land and Water Conservation Fund Act trator, Agency for International Development. of 1965, the Urban Park and Recreation Recovery Act, and the Federal Aid in Wildlife Restoration Act NOMINATIONS (commonly referred to as the Pittman-Robertson Committee on Armed Services: Committee concluded Act) to establish a fund to meet the outdoor con- hearings on the nominations of Brian E. Sheridan, of servation and recreation needs of the American peo- Virginia, to be Assistant Secretary of Defense for ple, S. 446, to provide for the permanent protection Special Operations and Low Intensity Conflict, Law- of the resources of the United States in the year April 27, 1999 CONGRESSIONAL RECORD — DAILY DIGEST D439 2000 and beyond, S. 532, to provide increased fund- Military Affairs; and Rose E. Gottemoeller, Assistant ing for the Land and Water Conservation Fund and Secretary of Energy for Nonproliferation and Na- Urban Parks and Recreation Recovery Programs, to tional Security. resume the funding of the State grants program of Hearings recessed subject to the call. the Land and Water Conservation Fund, and to pro- vide for the acquisition and development of con- BUSINESS MEETING servation and recreation facilities and programs in Committee on the Judiciary: Committee ordered favor- urban areas, S. 819, to provide funding for the Na- ably reported S. 625, to amend title 11, United tional Park System from outer Continental Shelf rev- States Code, relating to bankruptcy reform, with enues, and the Administration’s Lands Legacy Initia- amendments. tive, receiving testimony from Oregon Governor NORTHERN AND SOUTHERN BORDER John Kitzhaber, Salem; New Jersey Governor Chris- PATROLS tine Todd Whitman, Trenton; Alaska State Senator Robin L. Taylor, Juneau; J. Allison DeFoor, II, Of- Committee on the Judiciary: Subcommittee on Immi- fice of the Governor of Florida, Tallahassee; Leon E. gration concluded hearings on the need for addi- Panetta, Panetta Institute, California State Univer- tional border patrol at the northern and southern sity-Monterey Bay, Seaside, California; Mark Davis, borders of the U.S. to further deter illegal immigra- Coalition to Restore Coastal Louisiana, Baton Rouge; tion and drug smuggling, after receiving testimony Lisa Speer, Natural Resources Defense Council, New from Gus De la Vina, Chief, Ron Sanders, Chief Pa- York, New York; Paul L. Kelly, Rowan Companies, trol Agent, Tucson, Arizona Sector, on behalf of the Inc., Houston, Texas; Ralph Grossi, American Farm- Chief Patrol Agent’s Association, and Robert E. land Trust, Washington, D.C.; and Elliot L. Marks, Lindemann, Senior Patrol Agent, Detroit, Michigan The Nature Conservancy, Seattle, Washington. Sector, on behalf of the National Border Patrol Hearings continue on Tuesday, May 4. Council, all of the United States Border Patrol, Im- migration and Naturalization Service, Department of REVENUE RAISING PROPOSALS Justice; and Arizona State Representative Gail Grif- Committee on Finance: Committee held hearings to ex- fin, Sierra Vista. amine revenue raising proposals as contained in the MEDICAL RECORDS PRIVACY Administration’s fiscal year 2000 budget, focusing on corporate tax shelters, life insurance taxation, and Committee on Health, Education, Labor, and Pensions: taxation of investment income of trade associations, Committee concluded hearings on issues relating to receiving testimony from Donald C. Lubick, Assist- medical records confidentiality in a changing health ant Secretary of the Treasury for Tax Policy; Harold care environment, and related measures including R. Handler, Simpson, Thacher and Bartlett, on be- S.881 and S. 578, bills to ensure confidentiality with half of the New York State Bar Association, David respect to medical records and health care-related in- A. Lifson, American Institute of Certified Public Ac- formation, to ensure confidentiality with respect to countants, and Edward D. Kleinbard, Clearly, Gott- medical records and health care-related information, lieb, Steen, and Hamilton, on behalf of the Securities after receiving testimony from Senators Bennett and Industry Association, all of New York, New York; Leahy; John Bentivoglio, Special Counsel for Health Stefan F. Tucker, American Bar Association, and Care Fraud, Office of the Deputy Attorney General, Jeanne E. Hoenicke, American Council of Life Insur- Department of Justice; Ronald H. Weich, ance, both of Washington, D.C.; Lester D. Ezrati, Zuckerman, Spaeder, Goldstein, Taylor & Kolker, Hewlett-Packard Company, Palo Alto, California, on Washington, D.C., on behalf of the American Civil behalf of the Tax Executives’ Institute, Inc.; and Liberties Union; Robyn S. Shapiro, Medical College Nancy H. Worman, KeyCorp, Cleveland, Ohio, on of Wisconsin, Milwaukee, on behalf of the American behalf of the American Bankers Association. Bar Association; LaDonna Shedor, Centra Health, Hearings recessed subject to the call. Lynchburg, Virginia, on behalf of the Healthcare Leadership Council; Paul Appelbaum, University of NONPROLIFERATION/ARMS CONTROL/ Massachusetts Medical School, Worcester, on behalf POLITICAL MILITARY ISSUES of the American Psychiatric Association; John G. Committee on Foreign Relations: Committee held hear- Curd, Genentech, Inc., San Francisco, California; and ings on nonproliferation, arms control, and political Chris Koyanagi, Judge David L. Bazelon Center for military issues, receiving testimony from Eric D. Mental Health Law, Washington, D.C., on behalf of Newsom, Assistant Secretary of State for Political- the Consumer Coalition for Health Privacy. D440 CONGRESSIONAL RECORD — DAILY DIGEST April 27, 1999 House of Representatives and sell encryption and to relax export controls on Chamber Action encryption (H. Rept. 106–117 Part 1); and Bills Introduced: 25 public bills, H.R. 1565–1589; H. Res. 151, providing for consideration of H.R. and 3 resolutions, H. Con. Res. 92–93 and H. Res. 1569, to prohibit the use of funds appropriated to 152, were introduced. Pages H2371±73 the Department of Defense from being used for the Reports Filed: Reports were filed today as follows: deployment of ground elements of the United States H.R. 1034, to declare a portion of the James Armed Forces in the Federal Republic of Yugoslavia River and Kanawha Canal in Richmond, Virginia, to unless that deployment is specifically authorized by be nonnavigable waters of the United States for pur- law; for consideration of the concurrent resolution H. poses of title 46, United States Code, and the other Con. Res. 82, directing the President; and pursuant maritime laws of the United States, amended (H. to Section 5(c) of the War Powers Resolution, to re- Rept. 106–107); move United States Armed Forces from their posi- H.R. 560, to designate the Federal building lo- tions in connection with the present operations cated at 300 Recinto Sur Street in Old San Juan, against the Federal Republic of Yugoslavia; for con- Puerto Rico, as the ‘‘Jose V. Toledo United States sideration of the joint resolution H.J. Res. 44, de- Post Office and Courthouse’’, amended (H. Rept. claring a state of war between the United States and 106–108); the Government of the Federal Republic of Yugo- H.R. 686, to designate a United States courthouse slavia; and for consideration of the concurrent resolu- in Brownsville, Texas, as the ‘‘Garza-Vela United tion S. Con. Res. 21, authorizing the President of States Courthouse’’ (H. Rept. 106–109); the United States to conduct military air operations H.R. 118, to designate the Federal building lo- and missile strikes against the Federal Republic of cated at 300 East 8th Street in Austin, Texas, as the Yugoslavia (Serbia and Montenegro) (H. Rept. 106– ‘‘J.J. ‘Jake’ Pickle Federal Building’’ (H. Rept. 118). Pages H2370±71 106–110); H.R. 1121, to designate the Federal Building and Speaker Pro Tempore: Read a letter from the United States courthouse located at 18 Greenville Speaker wherein he designated Representative Street in Newnan, Georgia, as the ‘‘Lewis R. Morgan Hastings of Washington to act as Speaker Pro Tem- Federal Building and United States Courthouse’’ (H. pore for today. Page H2307 Rept. 106–111); Guest Chaplain: The prayer was offered by the H.R. 1162, to designate the bridge on United guest Chaplain, Rev. Charlie Martin of Largo, Flor- States Route 231 that crosses the Ohio River be- ida. Page H2310 tween Maceo, Kentucky, and Rockport, Indiana, as Recess: The House recessed at 12:58 p.m. and re- the ‘‘William H. Natcher Bridge’’ (H. Rept. convened at 2:00 p.m. Page H2310 106–112); S. 453, to designate the Federal building located Suspensions: The House agreed to suspend the rules at 709 West 9th Street in Juneau, Alaska, as the and pass the following measures: ‘‘Hurff A. Saunders Federal Building’’, (H. Rept. Declaring a Portion of the James River and 106–113); Kanawha Canal Nonnavigable: H.R. 1034, S. 460, to designate the United States courthouse amended, to declare a portion of the James River located at 401 South Michigan Street in South Bend, and Kanawha Canal in Richmond, Virginia, to be Indiana, as the ‘‘Robert K. Rodibaugh United States nonnavigable waters of the United States for pur- Bankruptcy Courthouse’’, (H. Rept. 106–114); poses of Title 46, United States Code, and the other H.J.Res. 44, Declaring a State of War Between maritime laws of the United States; Pages H2324±26 the United States and the Government of the Federal Republic of Yugoslavia (H. Rept. 106–115, adverse); Regarding the Atrocities at Columbine High H. Con. Res. 82, directing the President, pursuant School in Littleton, Colorado: H. Con. Res. 92, ex- to Section 5(c) of the War Powers Resolution, to re- pressing the sense of the House of Representatives move United States Armed Forces from their posi- with respect to the tragic shooting at Columbine tions in connection with the present operations High School in Littleton, Colorado; and against the Federal Republic of Yugoslavia (H. Rept. Pages H2327±35 106–116, adverse); Satellite Home Viewer Act: H.R. 1554, amend- H.R. 850, to amend title 18, United States Code, ed, to amend the provisions of title 17, United to affirm the rights of United States persons to use States Code, and the Communications Act of 1934, April 27, 1999 CONGRESSIONAL RECORD — DAILY DIGEST D441 relating to copyright licensing and carriage of broad- MINIMUM WAGE—IMPACT ON POVERTY cast signals by satellite (passed by yea and nay vote Committee on Education and the Workforce: Held a hear- of 422 yeas to 1 nay with 1 voting ‘‘present’’, Roll ing on Minimum Wage: Reviewing Recent Evidence No. 97). Pages H2312±24, H2336 of Its Impact on Poverty. Testimony was heard from Presidential Message—Authorization to Recall public witnesses. Reservists: Read a message from the President RESOLUTIONS—REMOVE U.S. ARMED wherein he transmitted his authorization to recall re- FORCES FROM OPERATIONS AGAINST servists to active duty to augment active military YUGOSLAVIA; DECLARATION OF WAR units in support of operations in and around the AGAINST YUGOSLAVIA former Yugoslavia related to the conflict in Kosovo—referred to the Committee on Armed Serv- Committee on International Relations: Ordered adversely ices and ordered printed (H. Doc. 106–51). reported the following resolutions: by a vote of 30 ayes to 19 nays, H. Con. Res. 82, directing the Page H2336 President, pursuant to section 5(c) of the War Pow- Recess: The House recessed at 10:05 p.m. and re- ers Resolution, to remove United States Armed convened at 11:47 p.m. Page H2370 Forces from their positions in connection with the Referral: S. 330 was referred to the Committees on present operations against the Federal Republic of Science and Resources. Page H2370 Yugoslavia; and, by a vote of 49 ayes to 0 nays, H.J. Res. 44, declaring a state of war between the United Quorum Calls—Votes: One yea and nay vote devel- States and the Government of the Federal Republic oped during the proceedings of the House today and of Yugoslavia. appears on page H2336. There were no quorum calls. BANKRUPTCY REFORM ACT Adjournment: The House met at 12:30 p.m. and Committee on the Judiciary: Continued markup of H.R. adjourned at 11:49 p.m. 833, Bankruptcy Reform Act of 1999. Will continue tomorrow. Committee Meetings MISCELLANEOUS MEASURES Committee on Resources: Subcommittee on Forests and LABOR, HHS, AND EDUCATION Forest Health approved for full Committee action APPROPRIATIONS the following bills: H.R. 359, Emigrant Wilderness Preservation Act of 1999; H.R. 898, Spanish Peaks Committee on Appropriations: Subcommittee on Labor, Wilderness Act of 1999; H.R. 1523, Forests Roads- Health and Human Services, and Education held a Community Right-To-Know Act; and H.R. 1524, hearing on the SSA, the Department of Education; Public Forests Emergency Act of 1999. Postsecondary Education and the Occupational Safety and Health Review Commission. Testimony was OVERSIGHT—EVERGLADES NATIONAL heard from Kenneth Apfel, Commissioner, SSA; PARK David Longanecker, Assistant Secretary, Postsec- Committee on Resources: Subcommittee on National ondary Education, Department of Education; and Parks and Public Lands held an oversight hearing on Stuart E. Weisberg, Chairman, Occupational Safety issues regarding Everglades National Park and sur- and Health Review Commission. rounding areas impacted by management of the Ev- erglades. Testimony was heard from William Leary, Y2K AND MEDICARE PROVIDERS Senior Counselor to the Assistant Secretary, Fish, Wildlife, and Parks, National Parks Service, Depart- Committee on Commerce: Subcommittee on Health and ment of the Interior; Steve Shiver, Mayor, Home- Environment and the Subcommittee on Oversight stead, Florida; and public witnesses. and Investigations held a joint hearing on Y2K and Medicare Providers: Inoculating Against the Y2K MEASURES RELATING TO THE FEDERAL Bug. Testimony was heard from the following offi- REPUBLIC OF YUGOSLAVIA cials of the Department of Health and Human Serv- Committee on Rules, granted by a vote of 9 to 2, a ices: Nancy-Ann Min DeParle, Administrator, closed rule providing for one hour of debate equally Health Care Financing Administration; and George divided and controlled among the chairmen and Grob, Deputy Inspector General; Joel C. ranking minority members of the committees on Willemssen, Director, Civil Agencies Information International Relations and Armed Services. The rule Systems, Accounting and Information Management provides for consideration in the House, without Division, GAO; and public witnesses. intervention of the question of consideration, H.R. D442 CONGRESSIONAL RECORD — DAILY DIGEST April 27, 1999 1569, prohibiting the use of funds appropriated to FATHERHOOD the Department of Defense from being used for the Committee on Ways and Means: Subcommittee on deployment of ground elements of the U.S. Armed Human Resources held a hearing on Fatherhood. Forces in the Federal Republic of Yugoslavia unless Testimony was heard from Raymond J. Uhalde, that deployment is specifically authorized by law, Deputy Assistant Secretary, Employment and Train- under a closed amendment process and providing for ing Administration, Department of Labor; and pub- no intervening motion except (1) one hour of debate lic witnesses. equally divided between the chairman and ranking minority member of the Committee on Armed Serv- Joint Meetings ices and (2) one motion to recommit. The rule pro- vides for consideration in the House, without inter- ORGANIZATIONAL MEETING vention of any point of order or the question of con- Joint Committee on Printing: Committee approved its sideration, H. Con. Res. 82, directing the President rules of procedure for the 106th Congress. to remove U.S. Armed Forces from their positions BELARUS against Yugoslavia, under a closed amendment proc- ess and providing for one hour of debate equally di- Commission on Security and Cooperation in Europe: Com- vided between the chairman and ranking minority mission concluded hearings on the political and eco- member of the Committee on International Rela- nomic situation in Belarus, focusing on authoritarian tions. The rule provides for consideration in the rule, human rights repression, democratic opposition, House without intervention of any points of order or and the upcoming presidential elections, after receiv- the question of consideration, H.J. Res. 44, declaring ing testimony from Ross L. Wilson, Principal Dep- uty to the Ambassador-at-Large/Special Advisor to a state of war between the U.S. and Yugoslavia, the Secretary of State for the New Independent under a closed amendment process and providing for States, and Arkady M. Cherepansky, Charge no intervening motion except for (1) one hour of de- D’Affairs, Embassy of the Republic of Belarus, both bate equally divided between the chairman and rank- of Washington, D.C.; Ambassador Hans-Georg ing minority of the Committee on International Re- Wieck, Head of OSCE Advisory and Monitoring lations and (2) one motion to recommit. The rule Group, and Ambassador Andrei Sannikov, former provides that it shall be in order on the same legisla- Deputy Foreign Minister of Belarus, both of Miensk, tive day without intervention of the question of con- Belarus; and Rachel Denber, Deputy Director, Euro- sideration to consider in the House S. Con. Res. 21, pean and Central Asia Division of Human Rights authorizing the President to conduct military air op- Watch, and Catherine A. Fitzpatrick, Executive Di- erations and missile strikes against Yugoslavia, if rector, International League for Human Rights/Rep- called up by Representative Gejdenson or his des- resentative of the ILHR at the United Nations, both ignee, under a closed amendment process and pro- of New York, New York. viding one hour of debate equally divided between f the chairman and ranking minority member of the Committee on International Relations. The rule pro- COMMITTEE MEETINGS FOR WEDNESDAY, vides that provisions of sections 6 and 7 of the War APRIL 28, 1999 Powers Resolution shall not apply during the re- (Committee meetings are open unless otherwise indicated) mainder of the 106th Congress to a measure intro- duced pursuant to section 5 of the War Powers Res- Senate olution with respect to the Federal Republic of Committee on Appropriations: Subcommittee on Defense, Yugoslavia. Testimony was heard from Representa- to hold hearings on proposed budget estimates for fiscal tives Goodling, Campbell, Weldon of Pennsylvania, year 2000 for the National Guard Bureau, 10 a.m., SD–192. and Gejdenson. Committee on Energy and Natural Resources: to resume closed hearings on the damage to the national security FARM AND RANCH RISK MANAGEMENT from Chinese espionage at the Department of Energy nu- ACT clear weapons laboratories, 9:30 a.m., S–407, Capitol. Committee on Small Business: Subcommittee on Rural Subcommittee on Forests and Public Land Manage- ment, to hold hearings on S. 607, reauthorize and amend Enterprises, Business Opportunities and Special the National Geologic Mapping Act of 1992; S. 415, to Business Problems held a hearing on H.R. 957, protect the permanent trust funds of the State of Arizona Farm and Ranch Risk Management Act. Testimony from erosion due to inflation and modify the basis on was heard from Representative Hulshof; and public which distributions are made from those funds; and S. witnesses. 416, to direct the Secretary of Agriculture to convey the April 27, 1999 CONGRESSIONAL RECORD — DAILY DIGEST D443 city of Sisters, Oregon, a certain parcel of land for use in Subcommittee on Labor, Health and Human Services, connection with a sewage treatment facility, 2 p.m., and Education, on Inspectors General Panel, 10 a.m., and SD–366. on Nobel Laureate Panel, 2 p.m., 2358 Rayburn. Committee on Environment and Public Works: to hold hear- Subcommittee on VA, HUD and Independent Agen- ings on the nomination of George T. Frampton, Jr., of cies, on Public Witnesses, 9 a.m., and 12:45 p.m., the District of Columbia, to be a Member of the Council H–143 Capitol. on Environmental Quality, 2:30 p.m., SD–406. Committee on Armed Services, hearing on military options Committee on Finance: to hold hearings to examine the in Yugoslavia, 10 a.m., 2118 Rayburn. context and evolution of Medicare, 10 a.m., SD–215. Committee on Banking and Financial Services, Sub- Committee on Governmental Affairs: Subcommittee on committee on Housing and Community Opportunity, International Security, Proliferation and Federal Services, hearing on Growing Threats of Natural Disaster and the to hold hearings on the future of the ABM Treaty, 2:30 Impact on Howmeowners’ Insurance Availability, 2:30 p.m., SD–342. p.m., 2128 Rayburn. Committee on Health, Education, Labor, and Pensions: busi- Committee on Commerce, Subcommittee on Finance and ness meeting to consider S. 385, to amend the Occupa- Hazardous Materials, hearing on H.R. 10, Financial Serv- ices Act of 1999, 10 a.m., 2123 Rayburn. tional Safety and Health Act of 1970 to further improve Committee on Education and the Workforce, to mark up the the safety and health of working environments; the nomi- following measures: H.R. 905, Missing, Exploited, and nation of Joseph Bordogna, of Pennsylvania, to be Deputy Runaway Children Protection Act; H.R. 1556, Preven- Director of the National Science Foundation; the nomina- tion of School Violence Act of 1999; H.R. 1150, Juvenile tion of Kenneth M. Bresnahan, of Virginia, to be Chief Crime Control and Delinquency Prevention Act of 1999; Financial Officer, Department of Labor; the nomination of H. Con. Res. 88, urging the Congress and the President Lorraine Pratte Lewis, of the District of Columbia, to be to increase funding for the Pell Grant Program and exist- Inspector General, Department of Education; the nomina- ing Campus-Based Aid Programs; and H. Con. Res. 84, tion of Arthur J. Naparstek, of Ohio, to be a Member of urging the Congress and the President to fully fund the the Board of Directors of the Corporation for National Federal Government’s obligation under the Individuals and Community Service; the nomination of Ruth Y. with Disabilities Education Act, 10:30 a.m., 2175 Ray- Tamura, of Hawaii, to be a Member of the National Mu- burn. seum Services Board; the nomination of Chang-Lin Tien, Committee on the Judiciary, to continue markup of H.R. of California, to be a Member of the National Science 833, Bankruptcy Reform Act of 1999, 9:45 a.m., 2141 Board, National Science Foundation; and the nomination Rayburn. of Gary L. Visscher, of Maryland, to be a Member of the Committee on Resources, to consider the following: H.R. Occupational Safety and Health Review Commission, 66, to preserve the cultural resources of the Route 66 cor- 9:30 a.m., SD–628. ridor and to authorize the Secretary of the Interior to pro- Committee on Indian Affairs: to hold oversight hearings vide assistance; H.R. 150, Education Land Grant Act; on Bureau of Indian Affairs capacity and mission, 9:30 H.R. 562, to approve and ratify certain transfers of land a.m., SR–485. and natural resources by or on behalf of the Delaware Na- Select Committee on Intelligence: to hold closed hearings on tion of Indians; H.R. 658, Thomas Cole National His- pending intelligence matters, 2 p.m., SH–219. toric Site Act; H.R. 659, Protect America’s Treasures of Committee on the Judiciary: to resume hearings on S.J. the Revolution for Independence for Our Tomorrow Act; Res. 14, proposing an amendment to the Constitution of and a motion to authorize the Chairman to issue sub- the United States authorizing Congress to prohibit the poenas for records regarding the oversight review of the physical desecration of the flag of the United States, 9:30 cancellation of a long-term contract between the United a.m., SD–226. States and the Alaska Pulp Corporation, 11 a.m., 1324 Longworth. House Committee on Rules, to consider H.R. 1480, Water Re- sources Development Act of 1999, 2 p.m. , H–313 Cap- Committee on Agriculture, Subcommittee on Livestock itol. and Horticulture, hearing to review country of origin la- Committee on Science, hearing on K–12 Math and Science beling for meat and produce, 10 a.m., 1300 Longworth. Education—What is Being Done to Improve It? 10 a.m., Committee on Appropriations, Subcommittee on the Dis- 2318 Rayburn. trict of Columbia, on Corrections; Court Services and Of- Subcommittee on Basic Research, hearing on National fender Supervision; and Public Defender Service, 2 p.m., Science Foundation fiscal year 2000 Budget Request, 2 H–144 Capitol. p.m., 2318 Rayburn. Subcommittee on Interior, on National Endowment for Permanent Select Committee on Intelligence, executive, to the Humanities and the National Endowment for the mark up Fiscal Year 2000 Intelligence Authorization, 2 Arts, 11 a.m., B–308 Rayburn. p.m., H–405 Capitol. D444 CONGRESSIONAL RECORD — DAILY DIGEST April 27, 1999

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 10:30 a.m., Wednesday, April 28 10 a.m., Wednesday, April 28

Senate Chamber House Chamber Program for Wednesday: After the recognition of three Program for Wednesday: Consideration of H.R. 1569, Senators for speeches and the transaction of any morning prohibiting the use of funds appropriated to DoD from business (not to extend beyond 12 noon), Senate will con- being used for the deployment of ground elements of the tinue consideration of S. 96, Y2K Act. U.S. Armed Forces in the Federal Republic of Yugoslavia unless that deployment is specifically authorized by law (closed rule, one hour of debate); Consideration of H. Con. Res. 82, directing the Presi- dent to remove U.S. Armed Forces from present oper- ations against the Federal Republic of Yugoslavia (closed rule, one hour of debate); Consideration of S. Con. Res. 21, authorizing the President to conduct air operations and missile strikes against the Federal Republic of Yugoslavia (closed rule, one hour of general debate); and Consideration of H.J. Res. 44, declaring a state of war between the U.S. and the Federal Republic of Yugoslavia (closed rule, one hour of general debate).

Extensions of Remarks, as inserted in this issue

HOUSE Crane, Philip M., Ill., E783 Meeks, Gregory W., N.Y., E783 Danner, Pat, Mo., E780 Menendez, Robert, N.J., E773, E776 Barrett, Thomas M., Wisc., E778 DeLauro, Rosa L., Conn., E780 Moore, Dennis, Kans., E775 Bentsen, Ken, Tex., E781 Etheridge, Bob, N.C., E782 Moran, James P., Va., E780 Norton, Eleanor Holmes, D.C., E779 Berkley, Shelley, Nev., E781 Gilman, Benjamin A., N.Y., E783, E784 Ose, Doug, Calif., E779 Berry, Marion, Ark., E782 Gonzalez, Charles A., Tex., E778 Sanford, Marshall ‘‘Mark’’, S.C., E784 Borski, Robert A., Pa., E775 Gordon, Bart, Tenn., E775 Schaffer, Bob, Colo., E783, E784, E785 Boyd, Allen, Fla., E784 Green, Gene, Tex., E778 Sessions, Pete, Tex., E779 Brady, Kevin, Tex., E775 Hall, Tony P., Ohio, E778 Shimkus, John, Ill., E776 Callahan, Sonny, Ala., E773 Hoyer, Steny H., Md., E778 Tancredo, Thomas G., Colo., E777 Capps, Lois, Calif., E774 King, Peter T., N.Y., E781 Visclosky, Peter J., Ind., E773, E777 Castle, Michael N., Del., E774 Lewis, Jerry, Calif., E774 Weiner, Anthony D., N.Y., E774, E776 Coyne, William J., Pa., E782 Matsui, Robert T., Calif., E780

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