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, OCTOBER 5, 1999 No. 133 House of Representatives The House met at 9 a.m. and was While the storm itself has passed, the Air National Guard, Army National called to order by the Speaker pro tem- flooding has wreaked havoc on homes, Guard, and Air Force were tireless with pore (Mrs. WILSON). farms, businesses, and entire commu- their time and resources rescuing resi- f nities. Some families lost their homes, dents stranded by flooding. Their dedi- jobs, and vehicles; and they are finan- cation to the State and Nation is sec- DESIGNATION OF SPEAKER PRO cially and emotional stressed and shat- ond to none, and their efforts have TEMPORE tered. been critical in saving and protecting The SPEAKER pro tempore laid be- Many of our rivers did not fully crest human life. fore the House the following commu- until days after Floyd hit and the addi- Madam Speaker, now Congress must nication from the Speaker: tional rainfall last week only added to do its part. This Congress has an obli- WASHINGTON, DC, the problem. gation to help the American people October 5, 1999. But despite the amount of devasta- first when they are in trouble. We have I hereby appoint the Honorable HEATHER tion that surrounds the citizens of a moral contract with the taxpayers. WILSON to act as Speaker pro tempore on eastern North Carolina, everyone is Madam Speaker, every year we send this day. working together in a spirit that re- money to countless countries across J. DENNIS HASTERT, minds us of the strength of this great the globe in foreign aid and we know Speaker of the House of Representatives. Nation. through a variety of sources and re- f I want to thank the individuals, com- ports sometimes billions of these dol- munities, businesses and organizations MORNING HOUR DEBATES lars never reach the people they were in North Carolina and across the coun- sent to help. Billions of dollars in U.S. The SPEAKER pro tempore. Pursu- try that have stepped up to the plate to aid to Russia has reportedly been ant to the order of the House of Janu- help the citizens of eastern North Caro- laundered through foreign banks in- ary 19, 1999, the Chair will now recog- lina. It has been a tremendous encour- cluding possible IMF funds. Now the nize Members from lists submitted by agement to our people. President has pledged to forgive the the majority and minority leaders for Madam Speaker, just let me list debt of 36 countries owed to the United morning hour debates. The Chair will some of the companies that are assist- States in order to help these countries alternate recognition between the par- ing: BlueCross/BlueShield of North finance basic human needs. To forgive ties, with each party limited to 25 min- Carolina, Food Lion, Lucent Tech- this debt would cost the American tax- utes, and each Member, except the ma- nologies, Glaxo Welcome, International payer $5 billion. jority leader, the minority leader, or Paper, AJT and Associates of Florida, I would say to the President, there the minority whip, limited to 5 min- Mt. Olive Pickle Company, Sara Lee, are families in North Carolina who utes, but in no event shall debate ex- Winn Dixie, Anheuser-Busch. have lost everything. They are living tend beyond 9:50 a.m. These and many other companies in shelters dependent upon the good- The Chair recognizes the gentleman have sent help to eastern North Caro- will of friends and neighbors to provide from North Carolina (Mr. JONES) for 5 lina. The charitable agencies and relief them with the most basic human minutes. organizations have also been wonder- needs. Imagine what the community of f ful. The Second Harvest Food Bank of eastern North Carolina could do with Northwestern North Carolina collected even $1 billion to help rebuild and re- CONGRESS SHOULD HELP FLOOD- more than 100,000 pounds of food in one pair the devastation. RAVAGED NORTH CAROLINA week. AmeriCares donated cleaning Now Congress has appropriated over Mr. JONES of North Carolina. supplies. The Red Cross, Salvation $12 billion in foreign aid for fiscal year Madam Speaker, I represent the Third Army, and the United Way are also co- 2000. Madam Speaker, I understand District of North Carolina that sus- ordinating donations of clothing and that we have strategic obligations to tained unprecedented damage from food drives. Religious communities allies in the Middle East such as Israel; Hurricane Floyd. I believe I echo the across the country are also donating however, I cannot justify voting for a feelings of my North Carolina col- time as well as money to help their foreign aid package when families in leagues in Congress who also represent brothers and sisters across our district my district are hurting so badly. storm-damaged areas when I say that and the country. Madam Speaker, we must help the the amount of devastation that we All branches of the armed services, American taxpayer first. I will not have witnessed is almost impossible to especially the United States Coast break faith with our own American comprehend. Guard and the United States Marines, citizens in their time of need. Not one

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.

H9305

. H9306 CONGRESSIONAL RECORD — HOUSE October 5, 1999 dime of foreign aid should be appro- are going to try to eliminate every forcement to close the loopholes, elimi- priated until we take care of the people abuse that circumvents the legitimate nate sham transactions, and stop of our United States of America. needs of the Tax Code.’’ hustlers like this. Madam Speaker, if this sounds like Unfortunately, neither that com- Madam Speaker, as we say in Texas: ‘‘America first,’’ so be it. The people in mittee nor any of this House has ad- shut them down and move them out. flood-ravaged eastern North Carolina dressed specific legislation to even f need our help now, not next year. They slow down these guys, the corporate are striving to exist each and every tax hustlers, with or without a fedora CHILD ABUSE PREVENTION AND day. I call on the leadership of both like this follow on the cover of Forbes. ENFORCEMENT ACT parties to work together in a bipar- And no other Member of the House, ex- The SPEAKER pro tempore. Under tisan effort to bring much-needed relief cept those of us who joined behind the the Speaker’s announced policy of Jan- to these families in eastern North Abusive Tax Shelter Shutdown Act, uary 19, 1999, the gentleman from Illi- Carolina immediately. has offered a specific legislative an- nois (Mr. EWING) is recognized during f swer. morning hour debates for 5 minutes. Madam Speaker, tomorrow the House Mr. EWING. Madam Speaker, I come CLOSING BOGUS CORPORATE will hopefully have an opportunity to today to the floor for a couple of rea- LOOPHOLES BEST WAY TO PAY cast a vote for tax fairness and tax eq- sons. Later today we are going to be FOR PATIENTS’ BILL OF RIGHTS uity. The supporters of the bipartisan considering H.R. 764, the Child Abuse The SPEAKER pro tempore. Under Consensus Managed Care Improve- Prevention and Enforcement Act. We the Speaker’s announced policy of Jan- ments Act, the gentleman from Michi- call that CAPE. I just wanted to come uary 19, 1999, the gentleman from gan (Mr. DINGELL), the gentleman from here this morning during morning hour Texas (Mr. DOGGETT) is recognized dur- Georgia (Mr. NORWOOD), the gentleman and talk a little bit about what we are ing morning hour debates for 5 min- from Iowa (Mr. GANSKE), and the gen- trying to do with this important piece utes. tleman from Arkansas (Mr. BERRY), of legislation. Mr. DOGGETT. Madam Speaker, in Republicans and Democrats, are sup- I go back quite a ways with this bill, June, I spoke to the House in connec- porting this Tax Shelter Shutdown leg- which is sponsored by the gentlewoman tion with the introduction of the Abu- islation both to deal with this problem from Ohio (Ms. PRYCE). Before that, it sive Tax Shelter Shutdown Act. This and in order to pay for the costs of the was the gentlewoman from New York cover of Forbes magazine pretty much bill. (Ms. Molinari). We recognize that there tells the entire story. Forbes magazine I want to commend their efforts. is a very serious problem with child bills itself as ‘‘The Capitalist Tool,’’ While I think that the costs of man- abuse. The bill is not a panacea nor yet its cover story is ‘‘Tax Shelter aged care reform have been greatly does it answer all the questions raised Hustlers: Respectable accountants are overstated, all of us who are com- in this important area of social con- peddling dicey corporate tax loop- mitted to the Patients’ Bill of Rights cern. But what it does is allow what I holes.’’ And when you open the maga- are taking the fiscally prudent ap- think is really good government, and zine and begin the article, they con- proach and recognizing that this must that allows for the money which we are tinue: ‘‘Respectable tax professionals be a pay-as-you-go Congress even on a now spending in many regards which is and respectable corporate clients are measure as important as protecting the tied up with government bureaucracy exploiting the exotica of modern cor- rights of those in managed care. and rules and regulation, to allow porate finance to indulge in extrava- And I am particularly pleased that it those at the local level to have flexi- gant tax dodging schemes.’’ is the tax dodgers that will be financ- bility in using this money in child During recent months, a number of ing this important measure to improve abuse prevention programs. individuals and groups have recognized the health care of the millions of Just look at the statistics: 3 million the need to address these abusive and Americans who must rely on managed cases of child abuse and neglect. That bogus loopholes. ‘‘The Joint Com- care. is 9,000 reports a day. This bill is a step mittee on Taxation staff is convinced My legislation which should be con- towards the goal of trying to achieve that the present law does not suffi- sidered as an amendment to the Pa- better use of the resources which we ciently deter corporations from enter- tients’ Bill of Rights, will curtail egre- have out there to fight this growing ing into arrangements with a signifi- gious behavior without impacting le- problem in American society. cant purpose of avoiding or evading gitimate business transactions. It will b Federal income tax. The corporate tax eliminate the well-justified feeling of 0915 shelter phenomenon poses a serious many people that high rollers are It bothers me when I look at young challenge to the efficacy of the tax sys- cheating and gaming the system, a couples, and we talk to people and tem. The proliferation of corporate tax feeling which leads to distrust on be- some of my own children, they have shelters causes taxpayers to question half of our taxpaying public. had grandchildren, when we talk to a the fairness of the tax system.’’ And My bill seeks to shut down abusive parent, and they are doing everything the Treasury Department has empha- tax shelters by prohibiting loss genera- they can to be sure that the child that sized that, ‘‘the proliferation of cor- tors, transactions which lack any le- they are going to have is healthy, not porate tax shelters presents an unac- gitimate purpose and are ginned up to taking medicine for a cold, not taking ceptable and growing level of tax obtain lower taxes. Second, a company an aspirin, not touching liquor or to- avoidance behavior.’’ that thinks it has a proper shelter is bacco, things that we know could in- Within the last several weeks, the required to provide complete, clear, jure the child. Then we have the dis- American Bar Association tax section and concise disclosure. And third, the parity on the other side of the equation has again declared, ‘‘growing alarm penalty for tax dodging is increased where a child does not get that kind of with the aggressive marketing of tax and tightened. Getting some downtown care, does not get that kind of nur- products that have little or no purpose lawyer to bless what some high-priced turing once they have been born. other than the reduction of Federal in- accountant has cooked up will not save That is who we want to try and help come taxes.’’ the corporation from penalties any- are those who are having trouble, who The New York State Bar Association more, if it has clearly overstepped the are under difficult pressures in our so- expressed concern as to ‘‘the negative line. ciety so that they can be able to raise and corrosive effect that corporate tax Some of the worst tax inequities ar- their child in a good atmosphere and shelters have on our system of taxation rive from those who use abusive tax that that child can grow and be nur- and again called for congressional ac- shelters to exploit loopholes. The Abu- tured to adulthood. tion.’’ And even the Republican chair sive Tax Shelter Shutdown Act is not a It is so important to our society be- of the Committee on Ways and Means panacea, but offered as an amendment cause the child that is abused will very proclaimed much earlier this year that to the Patients’ Bill of Rights. It will likely follow that same pattern when ‘‘the area of corporate tax shelters is not only advance the cause of quality they grow as an adult. So today, when one field which merits review. . . . We health care, but it will help law en- we take up H.R. 764, it is a small step October 5, 1999 CONGRESSIONAL RECORD — HOUSE H9307 in the direction of correcting and as- Many of these communities are still my concern that this rule, this proce- sisting in this very major social prob- without access to the Internet. We dure that may be adopted would allow lem. must work together to ensure that this the Republican leadership in the House The other thing that I wanted to talk digital divide will be eliminated. With to add poison pills, extraneous issues about a minute today was a report that Federal initiatives such as the E-Rate to the Patients’ Bill of Rights in an ef- I saw in the newspaper about the fail- to wire all of the Nation’s public fort to defeat it. ure of the administration to seek or to schools and libraries, we are definitely But I do not want to dwell on that report to us about seeking assistance on the right track. today because I am still hopeful, still on repaying for the Kosovo operation. So I am pleased to support National optimistic that that will not be the We all know, I think, that, in this Techies Day and applaud organizations case and we will be allowed to have a Congress for sure we know, it has cost like the Association for Competitive clean vote on the Patients’ Bill of us billions of dollars in Kosovo. We Technology, the Kids Computer Work- Rights and provide for patient protec- have shelled out probably easily 75 to shop, and Be Healthy Lifestyles for tions for those Americans who have 90 percent of the cost of that operation. reaching out to children in urban areas their health insurance through HMOs It was really an American operation and opening their eyes to the endless or managed care. under the guise of NATO. possibilities of theirs. But I am concerned, Madam Speaker, I think it was well founded when we f about the fact that, in the last few put in the legislation that we sent to weeks and certainly the last 2 days, we the President that he signed, that he LIBERALS DO NOT CARE ABOUT have had a barrage of ads and articles agreed to report to us his efforts in try- FISCAL RESPONSIBILITY that are basically put out by the HMO ing to get contributions from our allies The SPEAKER pro tempore. Under industry, by the insurance companies who took so much credit for what was the Speaker’s announced policy of Jan- in an effort to defeat and spread erro- done there and yet paid so little of the uary 19, 1999, the gentleman from Ala- neous information about the Patients’ cost of that. I think that it is impor- bama (Mr. RILEY) is recognized during Bill of Rights, about the bipartisan tant that this administration come up morning hour debates for 1 minute. Norwood-Dingell bill. with the report that is already now 2 Mr. RILEY. Madam Speaker, here we One that I think that we have basi- weeks late. go again. Yesterday we debated wheth- cally disputed effectively but keeps Let us know what they are doing, er we should allow Federal funding to coming up is the argument that, under make efforts to be sure that we get be used to pay for offensive art exhib- the Patients’ Bill of Rights, there will some assistance. As we go around the its. Last night the Democrats offered a be too many lawsuits because now pa- world, as we do our share of keeping motion to instruct conferees to agree tients will be able to sue their HMO if peace in the world, we want to do that to increase the funding for the NEA they suffer damages; and, secondly, as American citizens. I do not think as and NEH. that the cost of health insurance will American citizens we want to be taken I said it then, and I will say it again; skyrocket because of the fact that advantage of, that we want to pay for under the Constitution, expression there will now be the ability to sue the all of that when there are others in must be government protected, but HMO as well as the various patient pro- this world equally able to share in that there is no requirement that it be gov- tections that are in place. burden. I think that the Texas law which has ernment funded. So I say to the administration, let us been on the books now in the State of Madam Speaker, liberals just do not have the report. Let us know what they Texas for 2 years, very similar to the grasp that concept. What makes the are doing. We should be able to do eas- Norwood-Dingell bill, effectively dis- motion even more insulting is that it ily as well as we did when President putes the cost argument as well as the Bush was President and we got $53 bil- comes at a time when Congress is HMO liability or ability to sue the lion reimbursement for the Persian fighting to maintain fiscal responsi- HMO argument. War, which was a very nice shot in the bility and protect the Social Security Over 2 years now in Texas, there have arm for the American budget and the Trust Fund. only been four lawsuits filed against American taxpayers. Madam Speaker, this motion only HMOs. In addition, the costs of health So I say, Mr. President, let us know proves what we have been saying all insurance premiums for those in man- what you are doing. We really, really along, liberals do not care about fiscal aged care have not gone up at all. In need your report on this. responsibility. They do not care if fact, Texas rates have actually been f American families get a tax cut. They less than a lot of other States. The in- do not care about what the American creases have been actually less in NATIONAL TECHIES DAY people want in general. They only care Texas than a lot of other States where The SPEAKER pro tempore (Mrs. about raiding the surplus to protect they do not have patient protections, WILSON). Under the Speaker’s an- their unjustified and often unneeded where they do not have the Patients’ nounced policy of January 19, 1999, the social programs. Bill of Rights. gentlewoman from the Virgin Islands Madam Speaker, it’s going to take But, today, I hear another argument (Mrs. CHRISTENSEN) is recognized dur- all of us working together to live with- which I think needs to be effectively ing morning hour debates for 5 min- in a balanced budget and we will never refuted as well, and that is that, some- utes. be able to do so until we set priorities how, employers, not the HMOs, but em- Mrs. CHRISTENSEN. Madam Speak- in this Congress. ployers are going to be liable to suit er, I am here this morning in recogni- Social Security is a priority. under the Norwood-Dingell bill and tion of the first ever National Techies Funding obscene art is not. that because employers will be sued, a Day to bring attention to the lack of f lot of employers will drop health insur- adequately trained and educated work- ance, and the ranks of the uninsureds PATIENTS’ BILL OF RIGHTS ers to fill the many information and will increase. Well, nothing could be technology jobs that are available The SPEAKER pro tempore. Under further from the truth. today. the Speaker’s announced policy of Jan- The fact of the matter is that under Reports estimate about 350,000 Infor- uary 19, 1999, the gentleman from New the Norwood-Dingell bill, under the Pa- mation Technology or IT jobs are cur- Jersey (Mr. PALLONE) is recognized tients’ Bill of Rights, we have specific rently unfilled in America with an ex- during morning hour debates for 5 min- language that shields the employer pected 1 million jobs over the next 10 utes. from being sued in almost every cir- years. Mr. PALLONE. Madam Speaker, we cumstance. An employer would actu- The goal of National Techies Day is are expecting that tomorrow we will ally have to actually be involved in the to match technology professionals with have a debate on the Patients’ Bill of very decision about whether or not one students, to encourage their involve- Rights on HMO reform. We do not have is going to have a particular operation ment in science and technology with the rule yet coming out from the Com- or be able to stay in the hospital before particular emphasis on children and mittee on Rules, and I have expressed they could be liable for suit, which is disadvantaged communities. many times on the floor of the House simply not the case. H9308 CONGRESSIONAL RECORD — HOUSE October 5, 1999 In every case, the insurance company PRAYER Mrs. BIGGERT. Mr. Speaker, a re- or a third party administrator handles The Chaplain, the Reverend James port released in August by the Depart- those decisions for employers pursuant David Ford, D.D., offered the following ment of Justice’s Office of the Inspec- to their insurance policy. We have very prayer: tor General revealed hundreds of cases effective shield language in the bill O gracious God, we profess that You in which Federal inmates used prison that effectively precludes the employer are the creator of the whole world and telephones to commit serious crimes, from being sued. yet when we look at that world we see including murder, drug trafficking, Now, I want to say I thought there so much pain and suffering, wars and witness tampering, and fraud. was a very interesting article in to- rumors of wars, and we become dis- Although the Federal Bureau of Pris- ons has been aware of this problem for day’s Washington Post, an op ed by An- tressed. We affirm that You have cre- some time, it has not taken sufficient thony Burns where he tries to say and ated every person in Your image and steps to address the abuse of Federal he admits that we do have shield lan- yet in our communities we see alien- prison telephone systems. guage in the bill that would effectively ation and estrangement one from an- preclude an employer from being sued. To help the Bureau undertake imme- other. diate and meaningful action to correct But it goes on to say, essentially, in Almighty God, teach us that before the article, and this is sort of a new these problems, I am introducing the we can change the world or our com- twist on this theme, that even though Federal telephone abuse reduction act. munities we need to change our own the shield language is there, it will not My bill requires the Bureau of Prisons hearts and our own attitudes so that matter because crafty trial lawyers to implement changes to efficiently Your spirit of faith and hope and love will find a way to get around it. target and increase the monitoring of He talks about, first, that plaintiffs touches our souls and the work of our inmate conversations. It will also could argue that insurance companies daily lives. This is our earnest prayer. refocus officers to detect and deter or third-party administrators are Amen. crimes committed by inmates using merely the agents of the employer, or a f Federal telephones. crafty lawyer could argue that, by se- THE JOURNAL I urge my colleagues to join me in squarely addressing what appears to be lecting one health-care provider over The SPEAKER pro tempore. The another, the employers’ discretionary widespread inmate abuse of prison tele- Chair has examined the Journal of the decision played a role in a decision or phones and cosponsor the Federal tele- last day’s proceedings and announces an outcome with regard to patient phone abuse reduction act. to the House his approval thereof. f care. Well, that is totally bogus. Pursuant to clause 1, rule I, the Jour- Any trial lawyer, of course, can make nal stands approved. REPUBLICANS REJECT GOVERNOR any argument, and anybody can be Mr. GIBBONS. Mr. Speaker, pursuant BUSH’S ADVICE ON PATIENTS’ sued and make an argument. But the to clause 1, rule I, I demand a vote on BILL OF RIGHTS bottom line is, if one has effective agreeing to the Speaker’s approval of shield language, those arguments are (Mr. DOGGETT asked and was given the Journal. permission to address the House for 1 not going to work. The SPEAKER pro tempore. The One of the things that disturb me the minute.) question is on the Chair’s approval of Mr. DOGGETT. Mr. Speaker, there is most is that, if one sees what is hap- the Journal. good news. The House Republicans pening around the country, one will see The question was taken; and the have apparently yielded on their cruel in a recent Illinois Supreme Court de- Speaker pro tempore announced that plan to defer the earned income tax cision, or even a case that is now being the ayes appeared to have it. credit for working families, a plan de- obtained by our own U.S. Supreme Mr. GIBBONS. Mr. Speaker, I object plored by Governor George W. Bush as, Court, that the courts increasingly are to the vote on the ground that a in his words, ‘‘balancing the budget on getting around the prohibition on the quorum is not present and make the the backs of the poor.’’ right to sue. point of order that a quorum is not But there is also bad news. The Re- But just because that is happening present. publicans are so out of touch with the does not mean that we, when we pass The SPEAKER pro tempore. Pursu- needs of American families that they legislation, which we are hopefully ant to clause 8, rule XX, further pro- have rejected Governor Bush’s advice going to consider in the next few days, ceedings on this question will be post- on the Patients’ Bill of Rights that we that if we put specific language in that poned. will be debating tomorrow. says the employers cannot be sued, The point of no quorum is considered Our Lone Star State has been a na- that should be sufficient for those who withdrawn. tional leader on reforming managed are concerned about this issue. Because f care. Although Governor Bush initially any lawyer can make any argument. fell victim to the same old tired insur- Any court can overturn any decision or PLEDGE OF ALLEGIANCE ance company rhetoric upon which our any Federal language. But the bottom The SPEAKER pro tempore. Will the House Republican friends now rely, he line is that we are putting that protec- gentleman from Louisiana (Mr. permitted our Texas Patients’ Bill of tion in the bill. I think that that VITTER) come forward and lead the Rights to be signed into law. And last should be sufficient. It is a recognition House in the Pledge of Allegiance. week his office declared it has ‘‘worked of the fact that the employers cannot Mr. VITTER led the Pledge of Alle- well.’’ Who could say otherwise with be sued. giance as follows: only five lawsuits from 4 million Tex- Please support the Norwood-Dingell I pledge allegiance to the Flag of the ans over 2 years in managed care. bill. Do not be persuaded by these false United States of America, and to the Repub- Governor Bush’s insurance commis- arguments. lic for which it stands, one nation under God, sioner has declared it ‘‘a real success f indivisible, with liberty and justice for all. story,’’ ‘‘one of the leading’’ consumer f protection measures in the country. If RECESS the Republican leadership will get out ANNOUNCEMENT BY THE SPEAKER The SPEAKER pro tempore. Pursu- of the way, we will do the same for all PRO TEMPORE ant to clause 12 of rule I, the Chair de- of America. clares the House in recess until 10 a.m. The SPEAKER pro tempore. The f Accordingly (at 9 o’clock and 27 min- Chair will entertain 15 one-minute utes a.m.), the House stood in recess speeches on each side. PATIENTS’ BILL OF RIGHTS until 10 a.m. f (Mr. HAYWORTH asked and was f given permission to address the House FEDERAL TELEPHONE ABUSE for 1 minute and to revise and extend AFTER RECESS REDUCTION ACT OF 1999 his remarks.) The recess having expired, the House (Mrs. BIGGERT asked and was given Mr. HAYWORTH. Mr. Speaker, I lis- was called to order by the Speaker pro permission to address the House for 1 tened with great interest to the re- tempore (Mr. SUNUNU) at 10 a.m. minute.) marks of my colleague on the left from October 5, 1999 CONGRESSIONAL RECORD — HOUSE H9309 the State of Texas. And indeed he is As a result, the President and the was denied on a straight party-line making news today. Because, appar- Democrats in Congress are desperately vote. ently, he is endorsing the candidacy of looking for new ways to pay for their Mr. Speaker, the House is committed his governor, Governor Bush. And we big government programs. As usual, to ending the 30-year raid on Social Se- certainly appreciate that act of bipar- they think they found it in the wallets curity. I urge the Democrat minority tisanship. But in all sincerity and in of the working Americans. in the Senate to allow for the same. all seriousness, Mr. Speaker, it is im- The Democrats’ scream to increase ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE portant that we do this as we defend tobacco taxes in order to pay for a fat- The SPEAKER pro tempore. The patients’ rights. ter, more bloated government is noth- Chair would remind Members to refrain The key on this House floor and in ing more than a money grab that will during one-minute speeches from ref- the hospitals and clinics and homes of hurt low-income workers. erences to proceedings in the other America is this: We must make sure In fact, Mr. Speaker, as this chart body. that we have a true Patients’ Bill of shows, over 53 percent of the Demo- f Rights instead of a lawyer’s right to crats’ tax increase will be paid by KIDDIE MAC bill. And as we see this morning in one Americans earning less than $30,000. of our national publications, Mr. Mr. Speaker, I am here to assure the (Mrs. MALONEY of New York asked and was given permission to address Speaker, sadly this is true. hard-working taxpayers of this country the House for 1 minute.) I quote now, ‘‘Yet trial lawyer money that this Republican Congress will not Mrs. MALONEY of New York. Mr. schedule a bill that raises their taxes talks loudest of all now to many Demo- Speaker, as we enter the new millen- crats.’’ And indeed it is increasingly and this Republican Congress will not nium, the American family has taken a clear the Democrat Party, with no ide- schedule a bill that raids their Social new shape. Our children are now reared ological link to the private economy, is Security. It is time to stop the raid on not only by two working parents, now reduced to redistributing income Social Security and time to stop the sometimes by single parents, grand- through litigation. raid on the taxpayers’ wallets. mothers, guardians. We do not want a lawyer’s right to Mr. Speaker, if the Democrats raise Many Americans say that finding bill. We want a patients’ bill of rights. tobacco taxes, they will feed the most safe, affordable child care is one of f insidious addiction in this town, the their most important concerns. We addiction they have for our money. ENFORCEABLE PATIENTS’ BILL OF have not been able to finance a suffi- f RIGHTS cient number of needed child care cen- ters. Parents who can afford to pay for (Mrs. CLAYTON asked and was given UNCLE SAM IS PROPPING UP COMMUNISM IN CHINA modest child care, many spend more on permission to address the House for 1 yearly quality child care tuition than minute and to revise and extend her re- (Mr. TRAFICANT asked and was on public college tuition. marks.) given permission to address the House As one step in addressing this crisis, Mrs. CLAYTON. Mr. Speaker, we will for 1 minute and to revise and extend I have introduced bipartisan legisla- have a chance as bipartisan in this his remarks.) tion with the gentleman from Lou- House to really have a patients’ bill of Mr. TRAFICANT. Mr. Speaker, last isiana (Mr. BAKER) called Kiddie Mac. rights, yes, a patients’ bill of rights week China celebrated 50 years of com- Kiddie Mac is designed to build a part- that respects the right of patients to munist rule. They had parades with nership between the Federal Govern- expect that the plan they have with tanks, missiles, communism on display ment and private lending institutions their insurance company is indeed en- after all our efforts to defeat com- to finance safe and affordable child forceable. munism. care. That is a fundamental right of con- What is troubling, Mr. Speaker, is Unless we act to pass Kiddie Mac, the sumers to believe that which they have they were partying in China on our new American family of the new mil- purchased is enforceable. They also ex- cash, a $70-billion trade surplus. Unbe- lennium may collide head-on with the pect that they will be able to be treat- lievable. The truth is, communism in unmet needs for safe and affordable ed for disease and illness that they China would be belly up today if it child care. may be suffering, which is covered were not for our trade policy. f under that. So the patients’ bill of Beam me up. Uncle Sam is now prop- SOCIAL SECURITY LOCKBOX rights does include the right to sue. ping up communism. I yield back Tai- But it does not include the right that wan, Johnny Huang, Charlie Trie, and (Mr. VITTER asked and was given employers should be sued. all the Chinese spies running around permission to address the House for 1 So I am urging my colleagues not to our nuclear labs. minute.) Mr. VITTER. Mr. Speaker, on May 26 have that scare tactic, to make sure f of this year, 3 days before my election, that we have an opportunity to debate DAY 131 OF SOCIAL SECURITY this body passed a Social Security the right, the right for patients to be LOCKBOX HELD HOSTAGE lockbox bill authored by my distin- covered for those illnesses that they guished colleague the gentleman from are insured, the right to enforce their (Mr. HERGER asked and was given California (Mr. HERGER). It was by an permission to address the House for 1 plan and, yes, indeed if there is a fail- overwhelming vote of 416–12. ure or fraud, the right to sue finally. minute and to revise and extend his re- We are here today, and we will be The patients’ bill of rights is an op- marks.) here every day to demand that the Sen- portunity for us to say, yes, patients Mr. HERGER. Mr. Speaker, today is ate act on this measure. A lot has hap- have a right to expect that their insur- day 131 of the Social Security lockbox pened since passage on May 26. Four ance company will follow through on held hostage by President Clinton and months, a total of 131 days, have gone their commitment. the minority party in the Senate. by. The American League won the All f One hundred thirty-one days ago, Star game. The NHL and the NFL this House, both Democrats and Repub- began play. The President got a home REPUBLICANS ARE STOPPING licans, voted overwhelmingly 416–12 to RAID ON SOCIAL SECURITY loan. And the other body voted six lock up Social Security dollars to pro- times to block Social Security lockbox (Mr. ARMEY asked and was given tect them from being spent on unre- legislation. permission to address the House for 1 lated programs. But one thing has not changed. The minute and to revise and extend his re- Since the passage of the Social Secu- American people are rightly demand- marks.) rity lockbox in the House, the Senate ing that we protect Social Security Mr. ARMEY. Mr. Speaker, Wash- leadership is on record six times at- through institutional safeguards like ington big spenders have raided Social tempting to bring the Social Security the lockbox. Simply put, the other Security for 30 years to pay for big gov- lockbox for a vote on the Senate floor. body is holding the lockbox bill hos- ernment programs. Republicans are And for six times the approval to even tage. One hundred thirty-one days is stopping that raid. consider the Social Security lockbox long enough. H9310 CONGRESSIONAL RECORD — HOUSE October 5, 1999 REPUBLICAN BROKEN PROMISES mon goal. The cleanup will ensure the votes ‘‘no,’’ or offers tax increases, or (Ms. DELAURO asked and was given continued growth of the Miami River screams bloody murder. permission to address the House for 1 as one of our Nation’s critical shipping We must cut spending to preserve So- minute and to revise and extend her re- links to the Caribbean and Latin Amer- cial Security. We must pass the Social marks.) ica. Security lock-box. But as Joe Louis Ms. DELAURO. Mr. Speaker, at the We congratulate the Miami-Dade said: ‘‘Everybody wants to go to heav- beginning of this Congress, the new Re- County manager. Let us do our job at en, but nobody wants to die.’’ publican leadership made America a the local level now. f f few promises. They said that they TECHIES DAY would finish their work on time, that MANAGED CARE REFORM they would not break the balanced (Mrs. MCCARTHY of New York asked budget spending limits, and that they (Mr. GREEN of Texas asked and was and was given permission to address would not spend money from the Social given permission to address the House the House for 1 minute.) Mrs. MCCARTHY of New York. Mr. Security trust fund. for 1 minute and to revise and extend his remarks.) Speaker, I rise today in support of Na- b 1015 Mr. GREEN of Texas. Mr. Speaker, tional Techies Day and the positive im- Months later, all we can say about just when Congress appears ready for pact technology had on our lives. these three promises is broken, broken, managed care reform with the Nor- Techies Day allows us to recognize and broken. The Republicans have not wood-Dingell bill, there is an effort to and applaud today’s technology profes- finished their work on time. Last week propose gimmicks and ways to poison sionals. In addition, it brings current we had to pass an emergency spending the bill with harmful provisions that techies and schoolchildren together in measure to prevent the government will wind up doing nothing for pa- hopes of encouraging more of them to shutdown. The Republicans are break- tients. pursue careers in science or tech- ing the spending caps, proposing budg- For months, the Republican leader- nology. et-busting tax cuts for the wealthiest ship has complained that the Patients’ The United States leads the world in of Americans. And their plan to bring Bill of Rights would increase cost and technology development, but we con- spending back in line? Delay the small open employers to unfair lawsuits, tinue to lag behind in educating and tax credit given to low-income working both of which would supposedly force training the workforce that is prepared families, a plan so callous even GOP employers to drop coverage. That is to fill thousands of technical jobs. With Presidential candidate George Bush de- just not true. more of our day-to-day activities being nounced it saying, ‘‘Republicans should As a Northeastern Member of Con- done electronically, it is important we not balance their budget on the backs gress said a couple of weeks ago, even ensure a competent workforce that is of the poor.’’ Texas is a leader and California just prepared to meet the growing needs of Finally, Republicans promised not to passed a bill recently and the governor this industry. These needs will be met take money from Social Security, but signed it, passed a strong Patients’ Bill by educating our children and pre- now the Congressional Budget Office of Rights. My home State of Texas has paring them for the technology field. says that the Republicans have already passed many of the patient protections. This is essential to America’s long- taken $16 billion out of the Social Se- They are already in place, including term economic strength as we enter curity Trust Fund this year. Another external appeals, accountability, and the 21st century. promise broken. They have broken the there has been no premium increase or Mr. Speaker, our children’s future lock-box and they have taken the exodus by employers to drop coverage. matters to all of us, and we have a re- money out and spent the Social Secu- What Texas residents do have is the sponsibility to bring them into this rity Trust Fund. Promises made, prom- health care protections they need. Pro- new economy equipped with the tools ises broken. That is the legacy of this visions included in this Patients’ Bill needed to keep pace with technology Congress. of Rights should be extended to every innovations. Techies Day is the right f American including eliminating ‘‘gag direction to make this possible. clauses,’’ open access to specialists, a f MIAMI RIVER CLEANUP timely appeals process, coverage for NUCLEAR WASTE STORAGE AT (Ms. ROS-LEHTINEN asked and was immediate emergency care, and hold- YUCCA MOUNTAIN COULD LEAD given permission to address the House ing the medical decision-maker ac- TO DISASTER for 1 minute and to revise and extend countable. her remarks.) Mr. Speaker, I hope and pray we are (Mr. GIBBONS asked and was given Ms. ROS-LEHTINEN. Mr. Speaker, not headed for more delays and permission to address the House for 1 now that the President has signed into maneuverings and will pass a strong minute and to revise and extend his law the first Federal appropriations to bill for our constituents. remarks.) clean up the Miami River, that was in f Mr. GIBBONS. Mr. Speaker, we have the fiscal year 2000 energy water appro- been fortunate that a nuclear accident priation bill. The next step will be up EVERYONE WANTS TO GO TO like the recent disaster at a Japanese to the governments at the State and HEAVEN, BUT NOBODY WANTS uranium processing plant has not oc- local levels as well as the broad coali- TO DIE curred in the United States in the last tion of community groups represented (Mr. GREEN of Wisconsin asked and 3 decades. by the Miami River Commission and was given permission to address the Mr. Speaker, I urge my colleagues to the Miami River Marine Group. House for 1 minute and to revise and hold on to their gas masks because The Miami-Dade County manager has extend his remarks.) things could change. reiterated our county’s support for this Mr. GREEN of Wisconsin. Mr. Speak- A recent article in the Las Vegas Re- key environmental project. This is the er, the late heavyweight champion of view Journal clearly stated that ‘‘a nu- beginning of a 4-year phased dredging the world, Joe Louis, once said, ‘‘Ev- clear chain reaction similar to the one project proposed by the Miami River eryone wants to go to heaven but no- that released dangerous levels of radi- Commission with the assistance of the body wants to die.’’ ation from a Japanese uranium plant U.S. Army Corps of Engineers. Mr. Speaker, the wisdom of that could happen with spent fuel the U.S. This $5 million Federal initial appro- statement will be shown to be true this Government wants to store at Yucca priation will begin maintenance dredg- week and next. Everybody in this Mountain.’’ ing of the river which will cost $64 mil- House says that they want to protect Unfortunately, the Department of lion from Federal, State, and local Social Security. Everybody. But how Energy continues to ignore the sci- sources. The Miami River project many will support the spending cuts we entific facts and warnings offered by shows what can be accomplished when need to get there? the nuclear energy experts. Scientists governments at all levels join with Every time the majority offers budg- have already concluded that water will grass-roots activists to achieve a com- et cuts to get there, the other side drip through the porous rock barrier October 5, 1999 CONGRESSIONAL RECORD — HOUSE H9311 and accelerate corrosion of the nuclear this Nation would see an additional Last night the Reds’ incredible run waste containers, potentially causing a $870 million out of the existing appro- ended earlier than we had hoped. And reaction similar to the Japanese nu- priation. That is $10,000 per school while it may be of little consolation to clear disaster. translating to about $450 for every the players, their inspirational efforts Mr. Speaker, this Congress cannot in classroom in America. have brought many fans, both young good faith place the lives of thousands By seeing that dollars actually get and old, back to baseball. of citizens living in the surrounding into the hands of those who directly Sadly, baseball’s economics may not area of Yucca Mountain in peril. The teach our kids their ABCs and their 1, allow this same talented team to re- plan to store nuclear waste at Yucca 2, 3s, we will get maximum efficiency turn to the field for another run at the Mountain is simply unwarranted, un- out of the use of our tax dollars. pennant, but we will not soon forget wise, and dangerous. We can and must As the House considers the Elemen- the 1999 Cincinnati Reds. We will re- prevent such a disaster. tary and Secondary Education Act, let member Barry Larkin and Pokey Reese f us look at how we can empower teach- turning spectacular double plays; Mike ers at the local level. No longer do we Cameron running down balls in the IN SUPPORT OF THE DINGELL- want our seventh graders saying their gap; Sean Casey and Greg Vaughn and NORWOOD PATIENTS’ BILL OF books were printed when their teachers many others driving pitches over the RIGHTS were in the eighth grade. outfield walls; and the determined out- (Mr. WYNN asked and was given per- Mr. Speaker, I urge my colleagues to ings by the pitching staff. mission to address the House for 1 support the Dollars to the Classroom Every Member of the Reds and their minute and to revise and extend his re- resolution. fans should hold their heads up high marks.) f today. They gave it their all day in and Mr. WYNN. Mr. Speaker, I rise today CONGRESS MUST PASS PATIENTS’ day out and reminded the country that to support the bipartisan Dingell-Nor- BILL OF RIGHTS our national pastime is alive and well wood Patients’ Bill of Rights. We need in the home of baseball’s first profes- (Ms. JACKSON-LEE of Texas asked protections for patients to ensure that sional team: Cincinnati, Ohio. and was given permission to address they have access to specialists, to en- the House for 1 minute and to revise f sure that they get accurate informa- and extend her remarks.) tion about all of their medical options GOP OBSTACLES TO PATIENT Ms. JACKSON-LEE of Texas. Mr. PROTECTIONS and not just the cheapest options. We Speaker, just recently we read a report (Mr. MENENDEZ asked and was need to ensure that they can get reim- that tells us that 43 million Americans given permission to address the House bursed for emergency room care. That are uninsured and without health in- for 1 minute and to revise and extend is what the Patients’ Bill of Rights is surance. Shame on America and shame his remarks.) about. on this Congress. That is why among I am not here to paint the HMOs as Mr. MENENDEZ. Mr. Speaker, I rise many things that we have to do to in- today to set the record straight on the ultimate villains, but I will say clude those who are uninsured, we that the profit motive leads to greed managed care reform. Just this week, must pass the Patients’ Bill of Rights. the GOP leadership accused the Presi- and greed leads to some of the worst Tragically in my own State of Texas dent of trying to rush through a health abuses of patients we have seen. under Republican leadership, Texas is plan simply to get it done and said Mr. Speaker, we need a Patients’ Bill number one with uninsured persons that, ‘‘Republicans want to get it done of Rights that is enforceable. Unfortu- with no coverage to protect them and nately, the Republican leadership right, not fast.’’ provide for health insurance. Shame on However, Republicans want it done wants to give an empty can. If we can- Texas and shame on the Republican not enforce patients’ rights, the rights right for their special interests like in- leadership in the State of Texas. surance companies, not for the Amer- are meaningless. Some would say that But the Patients’ Bill of Rights will ican people. Their plan would protect is a boon for trial attorneys. Not so. give minimal relief to those who are insurance companies from liability, The importance of having the right to covered. It provides access to any rather than protect patients when in- sue is so there is a deterrent against emergency room. It will stop the surance bureaucrats deny them care. bad medical practices. closed-door policy of an emergency Our proposal on the other hand is the Texas has shown that there is not a room because of nonapproval, allow right approach for the American peo- significant increase in lawsuits when women to have OB/GYNs as their pri- ple. We guarantee patients the right to there is an enforceable bill of rights. mary caregiver, and will give relief to hold plans accountable when they arbi- We will also hear that this will drive sue HMOs, not frivolously but if they trarily deny medical care. up costs. Not so. Minimum cost in- decide to determine a patient’s medical creases are a couple of dollars. What is The Republican leadership’s proposal destiny and they are hurt. is right for insurance companies be- important is that we have an enforce- Mr. Speaker, does it mean patients cause it lets insurance bureaucrats able bill of rights with teeth to protect will sue their employer? Of course not. rather than doctors make decisions all Americans. Does it mean this will work? Yes, be- about medical treatment. Our proposal f cause it worked in the State of Texas. is right for the American people be- DOLLARS TO THE CLASSROOM We must pass the Patients’ Bill of Rights, otherwise more shame on cause it ensures that doctors make (Mr. PITTS asked and was given per- America. medical decisions that are in the best interest of a patient, not the health mission to address the House for 1 f minute and to revise and extend his re- plan. marks.) TRIBUTE TO THE CINCINNATI So I ask, who is really doing what is Mr. PITTS. Mr. Speaker, this week REDS FOR AN INCREDIBLE right for the American People? the House Committee on Education SEASON f and the Workforce will consider the (Mr. CHABOT asked and was given b 1030 Dollars to the Classroom resolution permission to address the House for 1 stating that our schoolchildren and minute.) CONGRESS AWAITING PRESI- teachers in our public schools through- Mr. CHABOT. Mr. Speaker, this was DENT’S PLAN TO SAVE SOCIAL out this country can benefit by direct- a special year for baseball in my home- SECURITY ing Federal funding for elementary and town of Cincinnati, Ohio. The Cin- (Mr. KINGSTON asked and was given secondary education directly to class- cinnati Reds with a handful of dedi- permission to address the House for 1 rooms where the learning process actu- cated veterans, a lot of young talent, minute and to revise and extend his re- ally takes place. and one of the lowest payrolls in base- marks.) By seeking to get 95 cents of every ball captured the Nation’s attention Mr. KINGSTON. Mr. Speaker, where dollar into the classrooms of our public with their unbridled enthusiasm and is it? Let me ask my Democrat and Re- schools, the children and teachers of passion for the game. publican friends, where is it? They H9312 CONGRESSIONAL RECORD — HOUSE October 5, 1999 know what I am talking about: H.R. 1, WORK TOGETHER TO PROTECT our ability to advance the idea of a So- the President’s plan to save Social Se- SOCIAL SECURITY AND MEDICARE cial Security lockbox. curity. (Mr. TIAHRT asked and was given f Right there he stood, Mr. Speaker, permission to address the House for 1 COMMUNICATION FROM CHAIRMAN right there, and said, let us put Social minute.) Security first. Of course he only want- OF COMMITTEE ON TRANSPOR- Mr. TIAHRT. Mr. Speaker, many TATION AND INFRASTRUCTURE ed to preserve 62 percent of it and has Americans are surprised to learn that continuously stuck with that by trying the President’s budget proposal spends The SPEAKER pro tempore (Mr. to raid it every chance he gets, but he the Social Security surplus rather than SUNUNU) laid before the House the fol- has not introduced a bill. put Social Security first. lowing communication from the Chair- This box right here, he could put it in The President’s proposal takes 38 man of the Committee on Transpor- here any time, but he has not. That percent of the surplus for Social Secu- tation and Infrastructure, which was was back in January, Mr. Speaker. rity and spends it, and that excludes read and, without objection, referred to Where is the President’s plan? his hidden tax increases, as if our taxes the Committee on Appropriations: He goes from coast to coast bragging are not high enough already. COMMITTEE ON TRANSPORTATION to America’s seniors how he is going it The Republican proposal sets aside AND INFRASTRUCTURE, take care of them; and yet, he has not 100 percent of Social Security, 100 per- HOUSE OF REPRESENTATIVES, introduced his plan to save Social Se- Washington, DC, August 9, 1999. cent of the Social Security Trust Fund. Hon. J. DENNIS HASTERT, curity. As many Americans are learning, the Instead, he has kept saying, let us Speaker, U.S. House of Representatives, Capitol, budget surplus this year is due to the Washington, DC. spend the money. He puts pressure on surplus in the Social Security trust DEAR DENNIS: Enclosed please find copies Congress: Spend more money on appro- fund. of resolutions approved by the Committee on priations bills. I am going to have to Republicans propose to take 100 per- Transportation and Infrastructure on August veto this bill; not enough money in it. cent of the retirement surplus, the 5, 1999, in accordance with 40 U.S.C. § 606. Guess where he is going to get the money coming from the FICA taxes, With warm regards, I remain balance, right from Social Security. Sincerely, the payroll deductions, and set it aside BUD SHUSTER, That is why he is against the security for both Social Security, and also set box concept for Social Security, the Chairman. aside all the money from payroll de- There was no objection. lockbox that would keep his hands out ductions for Medicare. Let me repeat of the till. That is why he is fighting it. that, Mr. Speaker. Medicare is included f Mr. President, the box is waiting. in our retirement surplus proposal. Our COMMUNICATION FROM CHAIRMAN Congress is ready when you are. Go plan sets aside 100 percent of the retire- OF COMMITTEE ON TRANSPOR- ahead and introduce your plan. ment surplus for both Social Security TATION AND INFRASTRUCTURE and Medicare. f The SPEAKER pro tempore laid be- Mr. Speaker, the ‘‘Workhorse Con- fore the House the following commu- gress’’ is ahead of schedule and moving nication from the Chairman of the NO MORE TAX INCREASES; BRING ahead to deal with Medicare and Social SPENDING UNDER CONTROL Committee on Transportation and In- Security, which will be insolvent in frastructure, which was read and, with- (Mr. WELLER asked and was given over a decade unless we act to protect out objection, referred to the Com- permission to address the House for 1 the Trust Funds now. Let us work to- mittee on Appropriations: minute and to revise and extend his re- gether to protect Social Security and Medicare. COMMITTEE ON TRANSPORTATION marks.) AND INFRASTRUCTURE, Mr. WELLER. Mr. Speaker, is it true f HOUSE OF REPRESENTATIVES, that Bill Clinton, AL GORE, and House Washington, DC, August 12, 1999. Democrats want to raise taxes one OUR FUTURE DEPENDS ON A Hon. J. DENNIS HASTERT, more time? Mr. Speaker, is it true that SOCIAL SECURITY LOCKBOX Speaker of the House, Bill Clinton, AL GORE, and House (Mr. TANCREDO asked and was Washington, DC. Democrats want to raid Social Secu- given permission to address the House DEAR MR. SPEAKER: Enclosed are copies of resolutions adopted on August 5, 1999 by the rity one more time? for 1 minute.) Committee on Transportation and Infra- Is it true that those who cheered Bill Mr. TANCREDO. Mr. Speaker, if we structure. Clinton’s reckless and irresponsible in this Congress accomplish nothing With kind regards, I am veto of the Republican efforts to elimi- else in our session but to set in stone Sincerely, nate the marriage tax penalty want to the idea of a Social Security lockbox, BUD SHUSTER, raise taxes one more time? we will have accomplished a great deal Chairman. We can balance the budget. We must for America. There was no objection. balance the budget without the Clin- If we have been able to get across to f ton-Gore tax hike. Let us not forget the people in this country the idea that that Bill Clinton, AL GORE, and House FICA taxes coming into this govern- ANNOUNCEMENT BY THE SPEAKER Democrats gave America our biggest ment will be used for nothing else but PRO TEMPORE tax hike in history in 1993. Social Security, if we can firmly estab- The SPEAKER pro tempore. Pursu- Our goal as Republicans is to wall off lish this concept, the lockbox concept, ant to the provisions of clause 8 of rule the Social Security Trust Fund, to stop we will, in fact, save Americans well XX, the Chair announces that he will the raid on Social Security, because we over $2 trillion in the next 10 years. postpone further proceedings today on believe 100 percent of Social Security We will do it this way: by assuring each motion to suspend the rules on should go for retirement, Social Secu- that those dollars coming in for Social which a recorded vote or the yeas and rity, and Medicare. Security will actually pay down debt, nays are ordered or on which the vote We can save Social Security. We can not go for new programs as they have is objected to under clause 6 of rule help our local schools. We can lower gone for the last 34 or 35 years. We XX. Any rollcall vote postponed on the tax burden by eliminating the mar- have expanded government by using questions will be taken later today. riage tax penalty. We can pay down the Social Security money; and if we can f national debt, all without raising stop just that one thing from hap- taxes, all without dipping into Social pening and do nothing else here, we NATIONAL MEDAL OF HONOR Security. will have accomplished an enormous MEMORIAL ACT No more tax increases. No more raids amount. Mr. STUMP. Mr. Speaker, I move to on Social Security. Let us balance the So, Mr. Speaker, I ask my colleagues suspend the rules and pass the bill budget. Let us bring spending under to please think about the future of the (H.R. 1663) to designate as a national control. country and how much it depends upon memorial the memorial being built at October 5, 1999 CONGRESSIONAL RECORD — HOUSE H9313 the Riverside National Cemetery in construction at the Riverside VA Na- Mr. Speaker, I reserve the balance of Riverside, California to honor recipi- tional Cemetery in California; the me- my time. ents of the Medal of Honor, as amend- morial recently dedicated at White Mr. STUMP. Mr. Speaker, I yield ed. River State Park in Indianapolis, Indi- such time as he may consume to the The Clerk read as follows: ana; and the Congressional Medal of gentleman from California (Mr. CAL- H.R. 1663 Honor Museum at Patriots Point in VERT), the chief sponsor of this legisla- Be it enacted by the Senate and House of Rep- Mount Pleasant, South Carolina, on tion. resentatives of the United States of America in the U.S.S. Yorktown. Mr. CALVERT. Mr. Speaker, I thank Congress assembled, H.R. 1663 is supported by the Congres- the gentleman from Arizona for yield- SECTION 1. SHORT TITLE. sional Medal of Honor Society, an ex- ing me the time and for his decisive ac- This Act may be cited as the ‘‘National Medal clusive group consisting of all Medal of tion in moving this important legisla- of Honor Memorial Act’’. Honor recipients. I ask my colleagues tion through the Committee on Vet- SEC. 2. FINDINGS. to support the bill, H.R. 1663, as amend- erans’ Affairs and to the House floor. Congress makes the following findings: ed. Mr. Speaker, I introduced H.R. 1663, (1) The Medal of Honor is the highest military Mr. Speaker, I reserve the balance of the National Medal of Honor Memorial decoration which the Nation bestows. (2) The Medal of Honor is the only military my time. Act of 1999, to honor the sacrifice and decoration given in the name of Congress, and Mr. EVANS. Mr. Speaker, I yield my- bravery of 3,417 Medal of Honor recipi- therefore on behalf of the people of the United self such time as I may consume. ents. The Medal of Honor is the highest States. Mr. Speaker, as original cosponsor of honor given by Congress for con- (3) The Congressional Medal of Honor Society H.R. 1663, the National Medal of Honor spicuous gallantry and intrepidity at was established by an Act of Congress in 1958, Memorial Act, I am very pleased this the risk of life beyond the call of duty. and continues to protect, uphold, and preserve legislation is being considered today. H.R. 1663 would designate three sites the dignity, honor, and name of the Medal of The Medal of Honor is, of course, the as National Medal of Honor Memorials, Honor and of the individual recipients of the highest award for valor and action Medal of Honor. the Riverside National Cemetery me- (4) The Congressional Medal of Honor Society against an enemy force which can be morial in Riverside, California; the is composed solely of recipients of the Medal of bestowed upon a member of the armed White River State Park memorial in Honor. forces of the United States. Indianapolis, Indiana; and the U.S.S. SEC. 3. NATIONAL MEDAL OF HONOR SITES. Established in the Civil War, only Yorktown memorial in Mount Pleas- (a) RECOGNITION.—The following sites to 3,429 Medals of Honor have been award- ant, South Carolina. honor recipients of the Medal of Honor are here- ed since that time. Because of the ex- My bipartisan bill has the Medal of by recognized as National Medal of Honor sites: traordinary nature of this Medal and Honor Society’s endorsement and does (1) RIVERSIDE, CALIFORNIA.—The memorial those extraordinary Americans who not use taxpayer money for the con- under construction at the Riverside National have earned it, it is fitting that the struction of the three memorial sites. I Cemetery in Riverside, California, to be dedi- Medal of Honor recipients be honored cated on November 5, 1999. am also happy to report that the com- (2) INDIANAPOLIS, INDIANA.—The memorial at at designated Medal of Honor sites. panion legislation to H.R. 1663 has been the White River State Park in Indianapolis, In- I particularly want to particularly introduced in the Senate. diana, dedicated on May 28, 1999. commend the gentlewoman from Indi- I know that the gentlewoman from (3) MOUNT PLEASANT, SOUTH CAROLINA.—The ana (Ms. CARSON) for the amendment in Indiana (Ms. CARSON) and the gen- Congressional Medal of Honor Museum at Patri- the nature of a substitute which she of- tleman from South Carolina (Mr. SAN- ots Point in Mount Pleasant, South Carolina, fered to H.R. 1663 during its consider- FORD) will speak about the sites within currently situated on the ex-U.S.S. Yorktown ation by the committee. As perfected their districts; therefore, I want to (CV–6). by the Carson amendment, the Con- (b) INTERPRETATION.—This section shall not speak about my own Riverside Na- be construed to require or permit Federal funds gressional Medal of Honor Society has tional memorial site in Riverside, (other than any provided for as of the date of expressed enthusiastic support for H.R. California. the enactment of this Act) to be expended for 1663, as amended. Riverside National Cemetery is pres- any purpose related to the sites recognized in Mr. Speaker, I include for the CON- ently the final resting place for two subsection (a). GRESSIONAL RECORD a letter from the Medal of Honor recipients: Staff Ser- The SPEAKER pro tempore. Pursu- Congressional Medal of Honor Society, geant Ysmael Villegas, United States ant to the rule, the gentleman from Ar- as follows: Army, awarded posthumously for ac- izona (Mr. STUMP) and the gentleman CONGRESSIONAL MEDAL OF tions in the Philippines; and Com- from Illinois (Mr. EVANS) each will con- HONOR SOCIETY, mander John Henry Balch, United trol 20 minutes. Mt. Pleasant, SC, September 3, 1999. States Navy, awarded for action in The Chair recognizes the gentleman Hon. LANE EVANS, France. from Arizona (Mr. Stump). House Veterans’ Affairs Committee, Wash- The memorial will name 3,417 Medal ington, DC. GENERAL LEAVE RE: H.R. 1663. of Honor recipients. For each Medal of Mr. STUMP. Mr. Speaker, I ask DEAR CONGRESSMAN EVANS: This letter is Honor recipient, an Italian Cyprus tree unanimous consent that all Members to express enthusiastic support of the Con- will be planted. These trees live in ex- may have 5 legislative days within gressional Medal of Honor Society and its cess of 100 years, grow well in southern which to revise and extend their re- members for H.R. 1663 that designates three California, and require minimal main- marks and include extraneous material locations within the United States of Amer- tenance. The monument itself will on H.R. 1663. ica as ‘‘National Medal of Honor sites.’’ The include a walled area which will sur- designation will properly acknowledge the round a pool and a miniature waterfall. The SPEAKER pro tempore. Is there tireless efforts of the respective commu- objection to the request of the gen- nities in honoring the service of our vet- The Riverside memorial site will tleman from Arizona? erans. By recognizing the recipients of the bring honor to our Medal of Honor There was no objection. Medal of Honor each memorial in turn ac- recipients in a solemn manner appro- Mr. STUMP. Mr. Speaker, I yield my- knowledges the men and women with whom priate to its place in a national ceme- self such time as I may consume. each recipient served. tery. The memorial site will be dedi- H.R. 1663, the National Medal of The Society will follow the progress of cated in November as the Medal of Honor Memorial Act, is a significant H.R. 1663 and if signed into law, the Society Honor Society convenes their 1999 will issue bronze plaques to be affixed to bill that is supported by all veterans each site declaring each a National Site. convention. and their service organizations. On behalf of the Society and its members, In closing, I wish to encourage my The Medal of Honor is this country’s I thank you for your support. colleagues to support H.R. 1663 and the highest military honor, awarded for Sincerely, Medal of Honor Society’s mission to distinguished gallantry at the risk of PAUL W. BUCHA, serve our country in peace as we did in life above and beyond the call of duty. President. war, to inspire and stimulate our youth This bill recognizes three sites dedi- Mr. Speaker, this bill is an excellent to become worthy citizens of our coun- cated to honoring the Medal of Honor piece of legislation. I urge all my col- try, to foster and perpetuate Ameri- recipients. They are a memorial under leagues to support it. canism. H9314 CONGRESSIONAL RECORD — HOUSE October 5, 1999 Mr. EVANS. Mr. Speaker, I yield 3 nitude. The individuals who have received this cred ground. As it turns out, his com- minutes to the gentlewoman from Indi- medal for acts of valor have been signaled out ments were prophetic, because that ana (Ms. CARSON). not to glorify war, but to recognize that, for all happened to be near a little place Ms. CARSON. Mr. Speaker, I thank of its destructiveness, war often is the back- called Gettysburg. the gentleman from California (Mr. drop for extraordinary acts of bravery. What I think is prophetic about this CALVERT) and others for being so gen- As a symbol of heroism, this medal has no bill and so important about this bill is erous in terms of incorporating all of equal in American life. As of now, 2,363 Med- that, basically, it reaches out and it the Medal of Honor memorials into als have been awarded to the Army, 745 to consecrates three national shrines to H.R. 1663. the Navy, 295 to the Marines, 16 to the Air the theme of patriotism, to the theme I would encourage the enthusiastic Force, 1 to the Coast Guard, and 9 Un- of persistence. support of the Congress given the old knowns. There have been a 3,410 total recipi- I think that it is particularly fitting adage that says given honor unto ents and 3,429 total Medals awarded. Of that one of those shrines be the U.S. whom honor is due. those, nineteen (19) have received the Medal Yorktown. The Yorktown, as has already Earlier this year in my district on of Honor twice. been mentioned, is tied up off Mount May 28, thanks to the civic virtue of Earlier this year in my district on May 28th, Pleasant, South Carolina, there along John Hodowal, and the civic enterprise thanks to the civic virtue of John Hodowal, the coast of South Carolina, and it is of the Indianapolis Power and Light and the civic enterprise of the corporation he named ‘‘The Fighting Lady.’’ Company Enterprises Foundation, a leads, IPALCO Enterprises and the IPALCO The reason it got that name is that it new memorial was unveiled in Indian- Enterprises Foundation, a new memorial was earned 11 battle stars in World War II. apolis in honor of those special Amer- unveiled in Indianapolis in honor of those spe- It earned five battle stars off the coast ican heroes who, for military service cial American heroes who, for military service of Vietnam prior to its retirement in above and beyond the call of duty, were above and beyond the call of duty, were 1970. In fact, it took a direct hit back rewarded the Congressional Medal of awarded the Congressional Medal of Honor. in 1945. Yet, despite the fact that The Honor. The dedication ceremony, with ninety-six of Fighting Lady had been hit, she con- We were fortunate to have one of the the 155 living recipients of the Medal of tinued air operations. She continued to attendees included there when the Honor, was attended by one of the largest fight. Several men were killed, others presentation was made, Mr. Melvin ever gatherings of these reputable men and were wounded, but they kept on fight- Biddle of Anderson, Indiana, who was women. One of these attendees included Mr. ing. awarded the Medal of honor following Melvin E. Biddle, of Anderson, Indiana, who b 1045 his displayed conspicuous gallantry was awarded the Medal of Honor following his and intrepidity in action against the displayed conspicuous gallantry and intrepidity The sailors on board the Yorktown, enemy near Soy, Belgium, on Decem- in action against the enemy near Soy, Bel- those Navy officers and enlisted folks, ber 23 and 24, 1944. gium, on December 23 and 24, 1944. just would not give up. We not only, Mr. Speaker, do our re- This magnificent memorial, compose of 27 I think that that is what is so impor- spective districts proud, we do America curved walls of glass, each between seven tant about the Medal of Honor; it em- proud by passing H.R. 1663 in honor of and ten-feet high and representing specific braces this theme of patriotism, com- the 3,400 persons that those memorials conflicts in which the medal was awarded, fea- bined with the idea of persistence, and honor. tures the names of the 3,410 people who have that is a theme I think we could all Mr. Speaker, I rise in support today for this received the medal since it was first awarded learn about, whether in wartime or in legislation that would recognize as National during the Civil War. The location of this me- peacetime. Medal of Honor sites the memorial at the morial, on the north bank of the Central Canal So I would just applaud the gen- White River State Park in Indianapolis, Indi- in White River State Park is particularly signifi- tleman from California (Mr. CALVERT) ana, dedicated on May 28, 1999; the memorial cant, since it is adjacent to Military Park, and applaud the gentleman from Ari- under construction at the Riverside National which served as a training facility during the zona (Mr. STUMP) for their leadership Cemetery in Riverside, California, to be dedi- Civil War. Nearly half of the Medals of Honor with this bill and how it again con- cated on November 5, 1999; and the Congres- issued, 1,520, were bestowed upon soldiers secrates these three national shrines to sional Medal of Honor Museum at Patriots who fought in the Civil War. This memorial the theme of patriotism and persist- Point in Mount Pleasant, South Carolina, cur- joins the many memorials that line downtown ence. rently situated on the ex-U.S.S. Yorktown. I Indianapolis paying homage to the men and Mr. EVANS. Mr. Speaker, I yield 3 am pleased that my colleagues on the Vet- women in uniform who served our nation at minutes to the gentleman from Cali- erans Committee supported my substitute war and at peace down through the years. fornia (Mr. FILNER). amendment to Representative CALVERT'S origi- Nearby, a memorial to the men of the USS In- Mr. FILNER. Mr. Speaker, I thank nal bill. dianapolis marks their service, and on Monu- the gentleman for yielding me this This legislation is supported by the Con- ment Circle, at the very heart of downtown In- time, and I, too, rise in strong support gressional Medal of Honor Society. I would dianapolis, stands the Soldier's and Sailors' of H.R. 1663, the National Medal of like to recognize and thank Paul Bucha, Presi- Monument, standing nearly as tall as the Stat- Honor Memorial Act. dent of the Congressional Medal of Honor So- ute of Liberty, a multifaceted recognition of the As a Californian and original cospon- ciety, for his continued support of the Indian- contributions of Indiana's Soldiers, Sailors and sor of the bill, I am very pleased that apolis memorial, this legislation, and the ex- Marines from the Civil War through the Span- H.R. 1663 recognizes the Riverside Na- traordinary work he does on behalf of the ish American War, the Boxer Rebellion and tional Cemetery in Riverside, Cali- Medal of Honor recipients. This bill has re- our other foreign military engagements up to fornia, as a national Medal of Honor ceived the support of several other veterans World War I. site, and I thank the gentleman from organizationsÐAMVETS, the Non Commis- I am pleased to support this measure to California (Mr. CALVERT) for his efforts sioned Officers Association, the Disabled honor these three sites as National Medal of in that regard. American Veterans, the Paralyzed Veterans of Honor Sites, allowing us the opportunity to say I was also cosponsor of an amend- America, and the Veterans of Foreign Wars. ``thank you'' to these men and women who ment offered in full committee by the The Medal of Honor is only bestowed on have showed us what heroism is all about. gentlewoman from Indiana (Ms. CAR- those who have performed an act of gallantry Mr. STUMP. Mr. Speaker, I yield SON) to recognize two additional na- and intrepidity at the risk of life above and be- such time as he may consume to the tional Medal of Honor sites, one at the yond the call of duty. Acts of bravery and gentleman from South Carolina (Mr. White River State Park in Indianap- courage are not unusual among those in uni- SANFORD). olis, Indiana, and the other at the Con- form, and engaging in direct battle with an Mr. SANFORD. Mr. Speaker, I thank gressional Medal of Honor Museum in enemy or carrying out one's duties under the gentleman for yielding me this Mount Pleasant, South Carolina, which enemy attack is an act of bravery and courage time. we just heard about. performed by many members of our Armed I think it interesting that, over 100 As many people know, the Medal of Forces. The level of heroism cited among years ago, an Army officer leaned down Honor is the first military decoration those who receive the Medal of Honor is un- in the ground and scratched in the formally authorized by the American commonly high and of a far greater mag- Pennsylvania soil and said this was sa- Government to be worn as a badge of October 5, 1999 CONGRESSIONAL RECORD — HOUSE H9315 honor, and it was created by this Con- Mr. STUMP. Mr. Speaker, I thank COMMENDING VETERANS OF THE gress in 1861. Senator James Grimes of the ranking member of the committee, BATTLE OF THE BULGE Iowa, chairman of the Senate Naval the gentleman from Illinois (Mr. Mr. STUMP. Mr. Speaker, I move to Committee, proposed legislation to re- EVANS), for all his help in bringing this suspend the rules and pass the joint quire that a medal of honor, similar to to the floor; and also the gentleman resolution (H.J. Res. 65) commending the Victoria Cross of England, be given from California (Mr. CALVERT), the the World War II veterans who fought to naval personnel for actions of brav- chief sponsor, for bringing this bill to in the Battle of the Bulge, and for ery in action. His legislation, which us and for working so closely with the other purposes, as amended. was signed into law by President Lin- Committee on Veterans’ Affairs. The Clerk read as follows: coln on December 21, 1861, established a Mr. BUYER. Mr. Speaker, I rise H.J. RES. 65 Medal of Honor for enlisted men of the today in strong support of H.R. 1663, Whereas the battle in the European the- U.S. Navy and Marine Corps. Subse- the National Medal of Honor Memorial ater of operations during World War II quently, legislation was enacted ex- Act. known as the Battle of the Bulge was fought tending eligibility for the medal to As the 20th Century draws to a close, from December 16, 1944, to January 25, 1945; Army-enlisted personnel as well as offi- many veterans wonder if the nation Whereas the Battle of the Bulge was a cers of the Armed Services. major German offensive in the Ardennes for- has lost sight of the sacrifices which est region of Belgium and Luxembourg which Senator Robert F. Kennedy once have been made to preserve freedom. said, ‘‘It is from numberless diverse took Allied forces by surprise and was in- This bill, loudly states that we the tended to split the Allied forces in Europe by acts of courage and belief that human Congress, who represent the people of breaking through the Allied lines, crippling history is shaped. Each time a man this great nation, have not lost sight of the Allied fuel supply lines, and exacerbating stands up for an ideal or acts to im- the heroic sacrifices made in the name tensions within the alliance; prove the lot of others or strikes out of freedom. We appreciate the great Whereas 600,000 American troops, joined by 55,000 British soldiers and other Allied against injustice, he sends forth a tiny contributions of these brave individ- ripple of hope.’’ forces, participated in the Battle of the uals who knowingly placed themselves Those extraordinary Americans who Bulge, overcoming numerous disadvantages in harm’s way, ready to sacrifice life have won the Medal of Honor have, in the early days of the battle that included through their acts of remarkable cour- and limb so that their comrades may fewer numbers, treacherous terrain, and bit- live and this nation’s values remain ter weather conditions; age, certainly shaped the history of our Whereas the Battle of the Bulge resulted in country and our world. We are doing strong. Over this last Memorial Day week- 81,000 American and 1,400 British casualties, the right thing today by honoring of whom approximately 19,000 American and these courageous citizens. end, I had the distinct pleasure to as- 200 British soldiers were killed, with the re- I am proud to be a cosponsor of H.R. semble with nearly 100 Medal of Honor mainder wounded, captured, or listed as 1663 and urge my colleagues to support recipients to dedicate the Congres- missing in action; this legislation. sional Medal of Honor Memorial site at Whereas the worst atrocity involving Mr. EVANS. Mr. Speaker, I yield 3 the White River State Park in Indian- Americans in the European theater during ´ minutes to the gentleman from Texas apolis, Indiana. It was truly an inspir- World War II, known as the Malmedy Mas- ing gathering, and at the same time, sacre, occurred on December 17, 1944, when 86 (Mr. REYES). unarmed American prisoners of war were Mr. REYES. Mr. Speaker, I thank the proved a very humbling experience. gunned down by elements of the German 1st gentleman for yielding me this time. These individuals epitomize the true SS Panzer Division; Mr. Speaker, I rise in support of H.R. meaning of selfless sacrifice and per- Whereas American, British, and other Al- 1663, the National Medal of Honor Me- sonal commitment. lied forces overcame great odds throughout morial Act. This is a good bill because While many have answered the call the battle, including most famously the ac- it honors the incredible courage and to duty, they have answered a higher tion of the 101st Airborne Division in holding valor of our most distinguished vet- calling. A calling that is spiritual in back German forces at the key Belgian erans. Moreover, it ensures that future nature and bigger than one’s self. For crossroads town of Bastogne, thereby pre- venting German forces from achieving their generations of Americans will know of love of God, country, family and the great sacrifices made by these men main objective of reaching Antwerp as well friends. Their significant contributions as the Meuse River line; and women who answered the call to have helped secure a more democratic Whereas the success of American, British, national service for their country. and peaceful world over the last cen- and other Allied forces in defeating the Ger- Medal of Honor winners have shown tury. More importantly, their actions man attack made possible the defeat of Nazi that they were willing to defend our serve as a testament to all Americans Germany four months later in April 1945; liberty no matter what the price. Their about serving and caring for others. Whereas thousands of United States vet- erans of the Battle of the Bulge have trav- heroism in battle has become Recognizing these Congressional legendary. eled to Belgium and Luxembourg in the Medal of Honor memorials sites in years since the battle to honor their fallen Since the Civil War, our country has California, Indiana, and South Carolina recognized their outstanding acts of comrades who died during the battle; as National Medal of Honor memorials Whereas the peoples of Belgium and Lux- courage and bravery through the Con- continues our commitment to these embourg, symbolizing their friendship and gressional Medal of Honor. As there gallant and heroic men and women and gratitude toward the American soldiers who have been only 3,429 award winners in I urge my colleagues to support H.R. fought to secure their freedom, have gra- the history of our Nation, these vet- 1663. ciously hosted countless veterans groups erans truly occupy a very special place over the years; in the hearts of all Americans. There- Mr. STUMP. Mr. Speaker, I have no Whereas the city of Bastogne has an an- fore, I think that it is important that further requests for time, and I yield nual commemoration of the battle and its we designate sites around the country back the balance of my time. annual Nuts Fair has been expanded to in- as national memorials for our Medal of The SPEAKER pro tempore (Mr. clude commemoration of the legendary one- word reply of ‘‘Nuts’’ by Brigadier General Honor winners. SUNUNU). The question is on the mo- tion offered by the gentleman from Ar- Anthony McAuliffe of the 101st Airborne Di- With this bill, we recognize memo- vision when called upon by the opposing Ger- izona (Mr. STUMP) that the House sus- rials in Riverside, California; Indianap- man commander at Bastogne to surrender olis, Indiana; and Mount Pleasant, pend the rules and pass the bill, H.R. his forces to much stronger German forces; South Carolina, to honor the contribu- 1663, as amended. Whereas the Belgian people erected the tions to our freedom and to our coun- The question was taken. Mardasson Monument to honor the Ameri- try of these brave, fine Americans. I Mr. CALVERT. Mr. Speaker, on that cans who fought in the Battle of the Bulge as therefore strongly endorse this legisla- I demand the yeas and nays. well as to commemorate their sacrifices and tion, and I urge all my colleagues to The yeas and nays were ordered. service during World War II; The SPEAKER pro tempore. Pursu- Whereas the 55th anniversary of the Battle join in unanimously approving this of the Bulge in 1999 will be marked by many bill. ant to clause 8 of rule XX and the commemorative events by Americans, Bel- Mr. EVANS. Mr. Speaker, I have no Chair’s prior announcement, further gians, and Luxembourgers; and further requests for time, and I yield proceedings on this motion will be Whereas the friendship between the United back the balance of my time. postponed. States and both Belgium and Luxembourg is H9316 CONGRESSIONAL RECORD — HOUSE October 5, 1999 strong today in part because of the Battle of Mr. Speaker, I rise in strong support organization that was formed back in the Bulge: Now, therefore, be it of H.J. Res. 65 and urge the Members of 1981. They now have about 10,000 mem- Resolved by the Senate and House of Rep- the House to approve this measure. I bers. And the idea behind it is to per- resentatives of the United States of America in also salute the gentleman from New Congress assembled, That Congress— petuate the memory of the sacrifices (1) commends the veterans of the United Jersey (Mr. SMITH), the vice chairman involved during the battle, to preserve States Army, the British Army, and military of the committee, for his leadership on historical data and sites relating to the forces of other Allied nations who fought this issue. battle, and to foster international during World War II in the German Ardennes This measure, Mr. Speaker, com- peace and good will, and to promote offensive known as the Battle of the Bulge; mends those veterans who fought and friendship among the battle survivors (2) honors those who gave their lives dur- died during World War II in the offen- as well as their descendants. ing that battle; sive known as the Battle of the Bulge. I also want to thank Stan Wojtuski, (3) authorizes the President to issue a proc- It also authorizes the President to the National Vice President of Military lamation calling upon the people of the issue a proclamation calling upon the United States to honor the veterans of the Affairs for the Veterans of the Battle Battle of the Bulge with appropriate pro- people of the United States to honor of the Bulge for his work on this reso- grams, ceremonies, and activities; and the veterans of this battle with appro- lution, and Mrs. Edith Nowels, a con- (4) calls upon the President to reaffirm the priate programs, ceremonies, and ac- stituent of mine living in Brielle, New bonds of friendship between the United tivities. Jersey. She has worked very closely in States and both Belgium and Luxembourg. 1999 marks the 55th anniversary of crafting this resolution, and I am very The SPEAKER pro tempore. Pursu- the Battle of the Bulge, a costly and grateful for that. ant to the rule, the gentleman from Ar- important victory for the United I think it is very important to point izona (Mr. STUMP) and the gentleman States. It is fitting that we as a Nation out that Edith Nowels’ brother, Bud from Illinois (Mr. EVANS) will each con- honor the sacrifices and service of Thorne, was killed in action during the trol 20 minutes. America’s veterans who fought and battle, and was awarded the Medal of The Chair recognizes the gentleman sacrificed during this battle. H.J. Res. Honor along with 17 others who re- from Arizona (Mr. STUMP). 65, as amended, is an excellent bill; and ceived that highest of medals for their GENERAL LEAVE I urge my colleagues to support this valor and bravery. There were also 86 Mr. STUMP. Mr. Speaker, I ask legislation. servicemen who were awarded the Dis- Mr. Speaker, I reserve the balance of unanimous consent that all Members tinguished Service Cross for their valor my time. during this vital battle. may have 5 legislative days within Mr. STUMP. Mr. Speaker, I yield which to revise and extend their re- According to the citation presented such time as he may consume to the to his family, Corporal Thorne single- marks and include extraneous material gentleman from New Jersey (Mr. on House Joint Resolution 65. handedly destroyed a German tank. SMITH), the vice chairman of the com- And in the words of the citation, ‘‘Dis- The SPEAKER pro tempore. Is there mittee and the chief sponsor of this played heroic initiative and intrepid objection to the request of the gen- resolution. fighting qualities, inflicted costly cas- tleman from Arizona? Mr. SMITH of New Jersey. Mr. There was no objection. Speaker, I want to thank my good ualties on the enemy and insured the Mr. STUMP. Mr. Speaker, I yield my- friend, the gentleman from Arizona success of his patrol’s mission by the sacrifice of his life.’’ self such time as I may consume. (Mr. STUMP), the chairman of our full I would like to take just a very brief (Mr. STUMP asked and was given committee, for yielding me this time moment, Mr. Speaker, to provide a permission to revise and extend his re- and for being a cosponsor and also ex- brief overview of the battle so that my marks.) tend my thanks to my good friend, the Mr. STUMP. Mr. Speaker, this coun- colleagues will gain a better under- gentleman from Illinois (Mr. EVANS) as try is justifiably proud of the role its well for cosponsoring and for the bipar- standing as to why this chapter in armed forces played during World War tisanship that he brings to the com- World War II deserves special recogni- II. A few minutes ago, we recognized mittee. tion today. One of the most decisive the relatively few Americans who have I also want to thank a number of battles in the war in Europe, the Battle been awarded the Medal of Honor for other Members. There are 42 cospon- of the Bulge began on December 16, extraordinary acts of gallantry. How- sors of this resolution, including the 1944, when the German Army, in an ef- ever, Americans performed hundreds of gentleman from New York (Mr. GIL- fort to trap the allied forces in Belgium thousands of courageous acts wherever MAN), the gentleman from Illinois (Mr. and Luxembourg, launched an attack they were committed to battle during HYDE), the gentleman from Michigan against what were perceived as a weak World War II. (Mr. DINGELL), and several other Mem- line of American and allied troops. The actions of Americans who fought bers who are deeply committed to re- Their goal was to submit the allied in the Battle of the Bulge are some of membering all veterans, but in par- forces in Belgium and Luxembourg and the best examples of everyday tena- ticular those who fought in the Battle race to the coast towards Antwerp. ciousness and bravery of American of the Bulge. Adolf Hitler and his generals knew fighting men. Throughout this battle, Mr. Speaker, today the House will the German Air Force could not main- the largest pitched battle ever fought rightly honor the Americans and allied tain regional air superiority, so they by Americans, tens of thousands of forces who fought in the Battle of the were banking on bad weather and rel- Americans and British troops exhibited Bulge. As the son of a World War II atively green and a fatigued American great courage and determination. Their combat infantryman who fought in the troops, who were greatly outnumbered. heroism and willingness to endure other major theatre in World War II, he At the outset of the battle, the German great hardship resulted in the defeat of fought in New Guinea, the Philippines, troops, forming three armies, num- a desperate, powerful and well-trained and several islands in the Pacific, I bered approximately 200,000 versus German army. urge all Members to enthusiastically 83,000 Americans. Their goal was to It is fitting, Mr. Speaker, that we re- support House Joint Resolution 65, capture bridges over the Meuse River call today the service of over 600,000 which was introduced to recognize the in the first 48 hours of the attack and American combat troops who eventu- 55th anniversary of the largest battle then press on to Antwerp. ally beat back the last bold thrust of in the history of U.S. modern warfare, At the time of their initial attack, Hitler’s war machine. This resolution the Battle of the Bulge. the Germans had more than 13 infantry commends all veterans who served or H.J. Res. 65, as amended, was marked and 7 panzer divisions, with nearly gave their lives during the Battle of up in the Committee on Veterans’ Af- 1,000 tanks and almost 2,000 larger guns the Bulge, and I urge my colleagues to fairs as well as the Committee on deployed along the front of about 60 support it. International Relations, and, hope- miles. Five more divisions were soon to Mr. Speaker, I reserve the balance of fully, will get the unanimous support follow, with at least 450 more tanks. my time. of this body. Although the Americans were caught Mr. EVANS. Mr. Speaker, I yield my- Let me also thank the veterans of by surprise, they tenaciously fought self such time as I may consume. the Battle of the Bulge Association, an back in those early days of the attack October 5, 1999 CONGRESSIONAL RECORD — HOUSE H9317 in December, holding the line in the Gettysburg. In the words of British ARDENNES-ALSACE north while the Nazis pushed through Prime Minister Winston Churchill, and 16 December 1944–25 January 1945 in the middle of the bulge towards the I quote, in addressing the House of In his political testament Mein Kampf Meuse River. Commons, he said, ‘‘This is undoubt- (‘‘My Struggle’’) Adolf Hitler wrote, One incident which particularly edly the greatest battle of the war and ‘‘Strength lies not in defense but in attack.’’ hardened the Americans and allied will I believe be regarded as an ever-fa- Throughout World War II, attempts to gain forces as to the intent of the German or regain the initiative had characterized mous American victory.’’ Hitler’s influence on military operations. Army was the Malmedy Massacre. Mr. Speaker, I hope all Members will Thus, when the military situation in late Eighty-six American POWs were mur- support this resolution. The veterans 1944 looked darkest on the Western Front, an dered by the Nazis as they moved to- of the Battle of the Bulge every year enemy offensive to redress the balance of the wards the capture of the Meuse River. travel to Europe and reacquaint them- battlefield—and thereby cripple or delay the The same German unit which was re- selves with those with whom they Allied advance—should have come as no sur- sponsible for this infamous massacre fought side by side and those that they prise. eventually killed at least 300 American Hitler’s great gamble began during the liberated. They will be meeting again nights of 13, 14, and 15 December, when the POWs and over 100 unarmed Belgium soon in both Luxembourg and Belgium. initial assault force of German armor, artil- civilians. News of these horrific events I hope we will go on record supporting lery, and infantry gradually staged forward outraged and further galvanized the their efforts, their valor and this reso- to attack positions along the Belgian-Ger- will of American forces to prevail. lution puts all of us on record in that man-Luxembourg border. This mustered Recognizing what they were up regard. force, with more than 200,000 men in thirteen against, General Eisenhower trans- Mr. Speaker, I include a list of Medal infantry and seven panzer divisions and with nearly 1,000 tanks and almost 2,000 guns, de- ferred the command of all American of Honor recipients for the RECORD, as troops north of the bulge to British ployed along a front of 60 miles—its oper- follows: ational armor holdings equaling that on the General Montgomery. Those south of RECIPIENTS OF THE MEDAL OF HONOR— entire Eastern Front. Five more divisions the bulge were under the command of ARDENNES CAMPAIGN moved forward in a second wave, while still General Bradley. Meanwhile, the Ger- Arthur O. Beyer Jose M. Lopez others, equipped with at least 450 more mans were being slowed down by the Melvin E. Biddle Vernon McGarity tanks, followed in reserve. dogged defense of the town at St. Vith Paul L. Bolden Curtis F. Shoup On the Allied side the threatened Amer- by Brigadier General Hasbrouck. St. Richard E. Cowan William A. Soderman ican sector appeared quiet. The 15 December Vith was strategically important due Francis S. Currey Horace M. Thorne daily situation report for the VIII Corps, Peter J. Dalessondro Day G. Turner which lay in the path of two of Hitler’s ar- to the number of key roads which met mies, noted: ‘‘There is nothing to report.’’ in the town and were essential to the Archer T. Gammon Henry G. Turner James R. Hendrix Henry F. Warner This illusion would soon be shattered. German drive towards Antwerp. Truman Kimbro Paul J. Wiedorfer STRATEGIC SETTING General Patton’s Third Army, under In August 1944, while his armies were being the command of General Bradley, was Mr. Speaker, I include the following destroyed in Normandy, Hitler secretly put proceeding north to cut through the brochure regarding the Ardennes-Al- in motion actions to build a large reserve southern flank of the German bulge in sace Campaign for the RECORD: force, forbidding its use to bolster Germany’s the lines and provide relief to Brigadier ARDENNES-ALSACE beleaguered defenses. To provide the needed manpower, he trimmed existing military General Anthony McAuliffe, whose re- INTRODUCTION forces and conscripted youths, the unfit, and fusal to surrender to his German coun- World War II was the largest and most vio- terparts at Bastogne on December 22 is old men previously untouched for military lent armed conflict in the history of man- service. Panzer divisions were rebuilt with forever known in history with that fa- kind. However, the half century that now the cadre of survivors from units in Nor- mous phrase, when he just said back to separates us from that conflict has exacted mandy or on the Eastern Front, while newly the Germans, ‘‘Nuts.’’ He would not its toll on our collective knowledge. While created Volksgrenadier (‘‘people’s infantry’’) surrender. He just said nuts to them, World War II continues to absorb the inter- divisions were staffed with veteran com- and they wondered what that meant. est of military scholars and historians, as manders and noncommissioned officers and well as its veterans, a generation of Ameri- b the new conscripts. By increasing the num- 1100 cans has grown to maturity largely unaware ber of automatic weapons and the number of He was not going to give in. As more of the political, social, and military implica- supporting assault gun and rocket battalions American reinforcements arrived, tions of a war that, more than any other, in each division, Hitler hoped to make up for united us as a people with a common pur- hurried training and the lack of fighting fit- eventually totaling 600,000 troops, they pose. assisted in holding up the northern and ness. Despite the massive Allied air bom- Highly relevant today, World War II has bardment of Germany and the constant need southern flanks of the Nazi advances. much to teach us, not only about the profes- to replace destroyed divisions on both the Hitler’s generals found that they were sion of arms, but also about military pre- Eastern and Western Fronts, where heavy running out of fuel and that their hope paredness, global strategy, and combined op- fighting continued, forces were gathered for of seizing allied fuel supplies was be- erations in the coalition war against fas- use in what Hitler was now calling Operation coming a pipe dream and their race to cism. During the next several years, the U.S. Wacht am Rhine (‘‘Watch on the Rhine’’). the Meuse river slowed down to a Army will participate in the nation’s 50th In September Hitler named the post of anniversary commemoration of World War crawl. While Adolph Hitler insisted on Antwerp, Belgium, as the objective. Select- II. The commemoration will include the pub- ing the Eifel region as a staging area, Hitler pressing with air strikes against ad- lication of various materials to help educate intended to mass twenty-five divisions for an vancing allied reinforcements, his gen- Americans about that war. The works pro- attack through the thinly held Ardennes erals knew that they had been beaten, duced will provide great opportunities to Forest area of southern Belgium and Luxem- and he eventually authorized the re- learn about and renew pride in an Army that bourg. Once the Meuse River was reached treat of his armies at the end of Janu- fought so magnificently in what has been and crossed, these forces would swing north- ary. called ‘‘the mighty endeavor.’’ west some 60 miles to envelop the port of Mr. Speaker, the cost in lives from World War II was waged on land, on sea, Antwerp. The maneuver was designed to this engagement is astronomical and and in the air over several diverse theaters sever the already stretched Allied supply of operation for approximately six years. The absolutely staggering. The American lines in the north and to encircle and destroy following essay is one of a series of campaign a third of the Allies’ ground forces. If suc- armies had more than 81,000 casualties; studies highlighting those struggles that, cessful, Hitler believed that the offensive and of these, 19,000 men were killed in with their accompanying suggestions for fur- could smash the Allied coalition, or at least action. The British had 1,400 casualties ther reading, are designed to introduce you greatly cripple its ground combat capabili- with 200 killed. Both sides lost as many to one of the Army’s significant military ties, leaving him free to focus on the Rus- as 800 tanks each, and the Germans lost feats from that war. sians at his back door. 1,000 planes. All told, it was one of the This brochure was prepared in the U.S. Timing was crucial. Allied air power ruled largest pitched battles in history with Army Center of Military History by Roger the skies during the day, making any open Cirillo. I hope this absorbing account of that concentrations of German military strength more than three times the number of period will enhance your appreciation of on the ground extremely risky. Hitler, there- troops from both the North and the American achievements during World War II. fore, scheduled the offensive to take place South that engaged in the Battle of GORDON R. SULLIVAN, when inclement weather would ground Allied Gettysburg. Three times the size of General, United States Army Chief of Staff. planes, or at least limit their attacks on his H9318 CONGRESSIONAL RECORD — HOUSE October 5, 1999 advancing columns. Because the requisite long and well, the same terrain that guaran- tinued Allied belief that the Germans would forces and supplies had to be assembled, he teed surprise would become a trap. not attack, a belief held up to zero hour on postponed the starting date from November The Ardennes held little fascination for 16 December—designated by the Germans as until mid-December. This additional prepa- the Allies, either as a staging area for their Null-tag (‘‘Zero-Day’’). ration time, however, did not ease the minds own counterattacks or as a weak spot in BATTLE PLANS of the few German generals and staff officers their lines. General Dwight D. Eisenhower, Field Marshal Model’s attack plan, called entrusted with planning Wacht am Rhine. the Supreme Allied Commander, had con- Herbstnebel (‘‘Autumn Fog’’), assigned Lt. Both the nominal Commander-in-Chief centrated forces north and south of the area West Field Marshal Gerd von Rundstedt and where the terrain was better suited for oper- Gen. Josef ‘‘Sepp’’ Dietrich’s Sixth Panzer Army Group B commander Field Marshal ations into Germany. Field Marshal Sir Ber- Army the main effort. Dietrich would attack Walter Model, who had primary responsi- nard L. Montgomery’s 21 Army Group to the Hodges’ First Army along the boundary sep- bility for Wacht am Rhine, questioned the north began preparations for the planned arating Maj. Gen. Leonard T. Gerow’s V scope of the offensive. Both argued for a crossing of the Rhine in early 1945. Lt. Gen. Corps in the north from Maj. Gen. Troy H. more limited attack, to pinch out the Amer- Omar N. Bradley’s 12th Army Group to the Middleton’s VIII Corps to the south, brush- ican-held salient north of the Ardennes south and Lt. Gen. Jacob L. Devers’ 6th ing aside or overrunning the V Corps’ 99th around Aachen. Borrowing a bridge-players Army Group in the Alsace region would also Infantry Division and a cavalry squadron of term, they referred to Hitler’s larger objec- launch attacks and additional Rhine cross- the VIII Corps’ 14th Cavalry Group before tives as the grand slam, or big solution, but ings from their sectors. driving for the Meuse and Antwerp. South of proposed instead a small solution more com- Located in the center of Bradley’s sector, the Sixth Panzer Army, Lt. Gen. Hasso von patible with the limited force being raised. the Ardennes had been quiet since mid-Sep- Manteuffel’s Fifth Panzer Army would hit Rundstedt and Model believed that Hitler’s tember. Referred to as a ‘‘ghost front,’’ one the VIII Corps’ 106th Infantry Division and legions were incapable of conducting a blitz- company commander described the sector as part of its 28th Infantry Division, tearing krieg, or lightning war, campaign. The twin a ‘‘nursery and old folk’s home. . . .’’ The open Middleton’s thin front and adding a sec- swords that had dominated the field during 12th Army Group’s dispositions reflected ondary effort. Farther south, Lt. Gen. Erich the 1940 drive across France, tanks and air Bradley’s operational plans. Lt. Gen. Wil- Brandenberger’s Seventh Army would attack power, no longer existed in the numbers nec- liam H. Simpson’s Ninth Army and most of the remainder of the 28th as well as the VIII essary to strike a decisive blow, nor was the Lt. Gen. Courtney H. Hodges’ First Army oc- Corps’ 4th Infantry Division and then cover hastily conscripted infantry, even when led cupied a 40-mile area north of the Ardennes, the advance of the panzers as far as the by experienced officers and sergeants, up to concentrating for an attack into the Ruhr Meuse River. An airborne drop and infiltra- the early war standards. Supply columns, industrial region of Germany. Lt. Gen. tion by small teams disguised in American too, would be prone to interdiction or break- George S. Patton, Jr.’s Third Army was in a uniforms were added to create havoc in the down on the Eifel’s limited roads. To Hitler’s 100-mile sector south of the forest, preparing American rear. generals, the grand slam was simply asking a thrust into the vital Saar mining region. North of the Sixth Panzer Army, the six di- for too much to be done with too little at In between, the First Army hold 88 miles of visions of Lt. Gen. Gustav von Zangen’s Fif- hand. the front with only four divisions, two teenth Army had a dual role. In addition to The determining factor was the terrain ‘‘green’’ units occupying ground to gain ex- fighting and thereby holding American divi- itself. The Ardennes consists of a series of perience and two veteran units licking sions in the crucial Aachen sector, Zangen parallel ridges and valleys generally running wounds and absorbing replacements; an ar- would attack southward on order after from northeast to southwest, as did its few mored infantry battalion; and two mecha- Dietrich’s panzers had broken the American good roads in 1944. About a third of the re- nized cavalry squadrons. Behind this thin line, a variation of the pincers attack origi- gion is coniferous forest, with swamps and screen was one green armored division, nally preferred by Hitler’s generals. marshes in the northlands and deep defiles whose two uncommitted combat commands The Sixth Panzer Army was to attack in and gorges where numerous rivers and straddled two separate corps, as well as a two waves. The first would consist of the streams cut the ridges. Dirt secondary roads cavalry squadron and an assortment of artil- LXVII Corps, with the newly organized 272d existed, making north-south movement pos- lery, engineer, and service units. and 326th Volksgrenadier Divisions, and the sible, with the road centers—Bastogne and Bradley judged his decision to keep the I SS Panzer Corps, with the 1st and 12th SS Houffalize in the south, and Malmedy and St. Ardennes front thinly occupied to be ‘‘a cal- Panzer, the 12th and 277th Volksgrenadier, Vith in the north—crucial for military oper- culated risk.’’ Nor was he alone in not seeing and the 3d Parachute Divisions. The 150th ations. After the winter’s first freeze, tanks danger. Probability, not capability, domi- Special Brigade and a parachute contingent could move cross-country in much of the nated Allied thinking about the would seize terrain and bridges ahead of the central sector. Fall 1944, however, brought Wehrmacht’s next moves on the Western main body after the two corps broke through the promise of mud, because of rain, and the Front in mid-December 1944. Commanders the American defenses. Dietrich planned to advancing days of December, the promise of and intelligence officers (G–2) at every commit his third corps, the II SS Panzer snow. Either could limit the quick advance level—from the Supreme Headquarters, Al- Corps, with the 2d and 9th SS Panzer Divi- needed by Wacht am Rhine. Once the Meuse lied Expeditionary Force (SHAEF), to the di- sions, in the second wave. The Sixth Panzer River, west of the Ardennes, was gained, the visions holding the line—judged that the Army’s 1,000-plus artillery pieces and 90 wide river itself and cliffs on the east bank Germans were too weak to attempt regain- Tiger tanks made it the strongest force de- presented a significant obstacle if the ing the initiative by a large-scale offensive. ployed. Although Dietrich’s initial sector bridges were not captured intact. Since the Despite their awareness that enemy units frontage was only 23 miles, his assault con- roads and terrain leading to Antwerp there- were refitting and concentrating across the centrated on less than half that ground. Re- after were good, the German planners fo- line, they concluded exactly what Hitler had lying on at least a 6:1 troop superiority at cused on the initial breakthrough and the intended them to conclude. Knowing that the breakthrough points, he expected to run west to the Meuse. The terrain, which the Germans were concerned with major overwhelm the Americans and reach the made so little sense as an attack avenue threats to both the Ruhr and the Saar, Ei- Meuse River by nightfall of the third day. northwestward, guaranteed the surprise senhower’s G–2 believed that they probably According to Dietrich’s plan, the LXVII needed. would use the uncommitted Sixth Panzer Corps would secure the Sixth Panzer Army’s Previous offensives through the Ardennes Army, suspected to be in the northern Eifel, northern flank. By sidestepping Monschau to in World War I and early in World War II had to bolster their weakening northern de- seize the poorly roaded, forested hills and up- followed the major roads southwestward, and fenses, or at least to cripple the impending land moors of the Hohe Venn, the LXVII’s had been made in good weather. The defenses Allied push toward the Ruhr. Both Hodges’ two divisions would block the main roads then had always been light screens, easily and Patton’s G–2s viewed the enemy as a re- leading into the breakthrough area from the pushed away. In 1940 the weakly opposed flection of their own operational plans and north and east. Simultaneously, the I SS German armor needed three days to traverse thus assessed the German buildup as no more Panzer Corps to the south would use its the easier terrain in the southern Ardennes than preparations to counterattack the First three infantry divisions to punch holes in in good weather, on dry roads. For Wacht am and Third Armies’ assaults. the American line and swing northwesterly Rhine, the American line had to be broken With only enough troops in the Ardennes to join the left flank of the LXVII Corps. To- and crushed immediately to open paths for to hold a series of strongpoints loosely con- gether, the five divisions would form a solid the attacking panzers; otherwise, the offen- nected by intermittent patrols, the Ameri- shoulder, behind which the panzers of the I sive might bog down into a series of fights cans extended no ground reconnaissance into and II SS Panzer Corps would advance along for roads and the numerous villages on the the German sector. Poor weather had the Sixth Panzer Army’s routes leading west way to the Meuse. Precious fuel would be masked areas from aerial photography, and and northwest. used to deploy tanks to fight across fields. the Germans enforced radio silence and Three terrain features were critical to More importantly, time would be lost giving strict countersecurity measures. Equally im- Dietrich’s panzer thrust: the Elsenborn the defenders the opportunity to position portant, the Allies’ top secret communica- ridge, the Losheim Gap, and the Schnee Eifel blocking forces or to attack enemy flanks. tions interception and decryption effort, ridge. The Elsenborn ridge, a complex series Only surprise, sheer weight of numbers, and code-named Ultra, offered clues but no defin- of fingers and spurs of the southern Hohe minimal hard fighting could guarantee a itive statement of Hitler’s intentions. Yet Venn, controlled access to two of the west- chance at success. If the Americans fought Wacht am Rhine’s best security was the con- erly panzer routes; a third passed just to the October 5, 1999 CONGRESSIONAL RECORD — HOUSE H9319 south. The 277th Volksgrenadier Division idea of the American forces opposing them. tions available for dealing with enemy would attack into the east defenses of the Facing Dietrich’s Sixth Panzer Army was threats. ridge, and to the south the 12th SS Panzer the V Corps’ 99th Infantry Division. Newly OPENING ATTACKS, 16–18 DECEMBER Division would debouch from its forest trail arrived, the 99th occupied a series of forward At 0530 on 16 December the Sixth Panzer approaches into the hard roads running positions along 19 miles of the wooded Bel- Army’s artillery commenced preparation through and south of the ridge. gian-German border, its 395th, 393d, and 394th fires. These fires, which ended at 0700, were Further to the south the Losheim Gap ap- Infantry regiments on line from north to duplicated in every sector of the three at- pears as open rolling ground between the south, with one battalion behind the divi- tacking German armies. At first the Amer- Elsenborn ridge to the northwest and the sion’s deep right flank available as a reserve. ican defenders believed the fires were only a long, heavily wooded Schnee Eifel ridge to Gerow, the V Corps commander, was focused demonstration. Simultaneously, German in- the southeast. Measuring about 5 miles wide at the time on a planned attack by his 2d In- fantry moved unseen through the dark and at the German border and narrowing fantry Division toward the Roer River dams morning fog, guided by searchlight beams throughout its roughly 14-mile length as it to the north and had given less attention to overhead. Yet, despite local surprise, runs from northeast to southwest, the gap is the defensive dispositions of the 99th. This Dietrich’s attack did not achieve the quick an unlikely military avenue, subdivided by small operation had already begun on 13 De- breakthrough planned. The LXVII Corps’ at- lesser ridges, twists, and hills. Its roads, cember, with the 2d Division passing through tack north and south of Monschau failed im- however, were well built and crucial for the the area held by the 99th Division’s north- mediately. One division arrived too late to German advance. Over its two major routes ernmost regiment. Two battalions of the attack; the other had its assault broken by Dietrich intended to pass most of his armor. 395th Infantry joined the action. Slowed by determined resistance. The 277th The Sixth Panzer Army shared the pillboxes and heavy defenses in the woods, Volksgrenadier Division’s infiltrating at- Losheim Gap as an avenue with its southern the 2d’s attacks were still ongoing when the tacks followed the preparation fires closely. neighbor, the Fifth Panzer Army. Their enemy offensive begin on the sixteenth. The Germans overran some of the 99th Divi- boundary reflected Hitler’s obsession with a To the south of the 99th Division the First sion’s forest outposts, but they were repulsed concentrated attack to ensure a break- Army had split responsibilities for the attempting to cross open fields near their ob- through, but the common corridor added a Elsenborn ridge—Losheim Gap area between jectives, the twin villages of Krinkelt- potential for confusion. The Sixth Panzer Gerow’s V Corps and Middleton’s VIII Corps, Rocherath. By nightfall the Americans still Army was to attack with the 12th with the corps boundary running just north contested the woods to the north and east of Volksgrenadier and the 3d Parachute Divi- of the village of Losheim. Middleton’s major the villages. The 99th’s southern flank, how- sions through the northern portion of the worry was the Losheim Gap, which poten- ever, was in great peril. The 12th gap, while the Fifth Panzer Army’s northern tially exposed the Schnee Eifel, the latter Volksgrenadier Division had successfully corps, the LXVI, would open its southern held by five battalions of the newly arrived cleared the 1st SS Panzer Division’s main as- portions. Additionally, the LXVI Corps had 106th Division. When Bradley refused his re- sault avenue, taking the village of Losheim to eliminate the American forces holding the quest to withdraw to a shorter, unexposed in the early morning and moving on to sepa- Schnee Eifel on the southern flank of the gap line, the VIII Corps commander positioned rate the VIII Corp’s cavalry from its connec- and seize the crucial road interchange at St. eight battalions of his corps artillery to sup- tion with the 99th. Vith about 10 miles further west. Manteuffel port the forces holding the Losheim Gap— South of the American corps boundary the wanted part of the 18th Volksgrenadier Divi- Schnee Eifel region. Germans were more successful. Poor commu- sion to push through the southern part of the South of the corps boundary the 18th Cav- nications had further strained the loosely co- gap and hook into the rear of the Schnee alry Squadron, belonging to the recently at- ordinated defense of the 106th Division and Eifel, the remainder of the division to com- tached 14th Cavalry Group, outposted the the 14th Cavalry Group in the Losheim Gap. plete the encirclement to the south of the 9,000-yard Losheim Gap. Reinforced by a The German predawn preparation fires had ridge, and the 62d Volksgrenadier Division to company of 3-inch towed tank destroyers, targeted road junctions, destroying most of anchor the LXVI’s flank with a drive toward the 18th occupied eight positions that gave the pole-mounted communications wire St. Vith. good coverage in fair weather but could be interchanges. With their major wire com- To the south of the Losheim Gap—Schnee easily bypassed in the fog or dark. To rem- mand nets silenced, the American defenders Eifel area, along the north-south flowing Our edy this, Middleton had assigned an addi- had to rely on radio relay via artillery nets, River, the Fifth Panzer Army’s major tional cavalry squadron to reinforce the which the mountainous terrain made unreli- thrusts devolved to its LVIII and XLVII Pan- gap’s thin line under the 14th group. The cav- able. zer Corps, aligned north to south with four of alry force itself was attached to the 106th Di- The attack in the Losheim Gap, in fact, their five divisions in the assault wave. Each vision, but with the 106th slowly settling was the offensive’s greatest overmatch. The 3d Parachute Division ran up against only panzer corps had one designated route, but into its positions, a coordinated defense be- one cavalry troop and a tank destroyer com- the Fifth Panzer Army commander did not tween the two had yet to be decided. As a re- pany holding over half the sector, and its plan to wait for infantry to clear them. sult, the reinforcing squadron was quartered southern neighbors, the two reinforced regi- Manteuffel intended to commit his armor 20 miles to the rear, waiting to be ordered ments of the 18th Volksgrenadier Division, early rather than in tandem with the infan- forward. hit four platoons of cavalry. Although some try, expecting to break through the extended South of the Schnee Eifel Middleton’s American positions had been bypassed in the American line quickly and expedite his ad- forces followed the Our River with the 106th dark, the attacking Germans had generally vance to the west. The LVIII’s 116th Panzer Division’s 424th infantry and, to the south, cleared the area by late morning. Poor com- and 560th Volksgrenadier Divisions were to the 28th Division. After suffering more than munications and general confusion limited penetrate the area astride the Our River, 6,000 casualties in the Huertgen Forest bat- defensive fire support to one armored field tying the 106th and 28th Divisions together, tles in November, the 28th was resting and artillery battalion. More importantly, the and to capture the three tank-capable training replacements in a 30-mile area cavalry’s porous front opened the American bridges in the sector before driving west to along the Our. Its three regiments—the rear to German infantry; by dawn some of the Meuse. To the south the XLVII’s 2d Pan- 112th, 110th, and 109th Infantry—were on line the defenders’ artillery and support units be- zer and 26th Volksgrenadier Divisions were from north to south. Two battalions of the hind the Schnee Eifel encountered the to seize crossings on the Our and head to- 100th Infantry held 10 miles of the front and enemy. Subsequently, many guns were lost, ward the key Bastogne road interchange 19 the division’s center while their sister bat- while others hastily clogged the roads to find miles to the west. The Panzer Lehr Division talion was kept as part of the division re- safer ground. would follow, adding depth to the corps at- serve. The 110th had six company-sized The uncoordinated defense of the 106th Di- tack. strongpoints manned by infantry and engi- vision and 14th Cavalry Group now led to Covering the Fifth Panzer Army’s southern neers along the ridge between the Our and tragedy. The cavalry commander quickly re- flank were the LXXXV and LXXX Corps of Clerf Rivers to the west, which the troops alized that his outposts could neither hold Brandenberger’s Seventh Army. The called ‘‘Skyline Drive.’’ Through the center nor survive. After launching one abortive LXXXV’s 5th Parachute and 352d of this sector ran the crucial road to Bas- counterattack northward against 3d Para- Volksgrenadier Divisions were to seize cross- togne. chute Division elements with his reserve ings on the Our River, and the LXXX’s 276th South of the 28th Division the sector was squadron, he secured permission to withdraw and 212th Volksgrenadier Divisions, feinting held by part of Combat Command A of the before his road-bound force was trapped toward the city of Luxembourg, were to draw newly arrived 9th Armored Division and by against the wooded heights to his rear. This American strength away from Manteuffel’s the 4th Infantry Division, another veteran opened the V and VII Corps boundary and main attack. The 276th would attack south unit resting from previous battles. These separated the cavalry, Middleton’s key infor- of the confluence of the Our and Sauer Riv- forces, with the 4th’s northern regiment, the mation source on his northern flank, from ers, enveloping the 3-mile defensive sector 12th Infantry, positioned as the southern- the Schnee Eifel battle. Throughout the day held by an American armored infantry bat- most unit in the path of the German offen- of 16 December the 3d pushed north, ulti- talion, and to the south the 212th, after sive, held the line of the Sauer River cov- mately overrunning the cavalry’s remaining crossing at Echternach, would push back the ering the approaches to the city of Luxem- outposts and capturing a small force of the large concentration of American artillery in bourg. Behind this thinly stretched defensive 99th Division. But all of these scattered the sector and anchor Army Group B’s south- line of new units and battered veterans, Mid- forces fought valiantly so that by dark the ern flank. The Germans had a fairly good dleton had few reserves and even fewer op- Sixth Panzer Army’s route was still clogged H9320 CONGRESSIONAL RECORD — HOUSE October 5, 1999 by units mopping up bypassed Americans Armored Division from the Ninth Army and His was the first of thirty-two such awards and their own supply and support rains. To the 10th Armored Division from the third during the Ardennes-Alsace Campaign. the south the 18th Volksgrenadier Division’s Army to reinforce Middleton’s hard-pressed Ordered to withdraw under the 2d Divi- attack in the Losheim Gap had slid by the VIII Corps. In addition, shortly after mid- sion’s control, the 99th Division, whose ranks cavalry, but failed to clear the open ridge be- night, Hodges’ First Army began moving had been thinned by nearly 3,000 casualties, hind the Schnee Eifel. South of the Schnee forces south from the Aachen sector, while pulled back to the northern portion of a Eifel the rest of the 18th was unable to push the Third Army headquarters, on Patton’s horseshoe-shaped line that blocked two of through the defenders to catch the 106th’s initiative, began detailed planning to deal the I SS Panzer Corps’ routes. Although the units on top of the Schnee Eifel in a pincer. with the German offensive. line was anchored on the Elsenborn ridge, Further south the 106th’s 42th Infantry had Within the battle area the two corps com- fighting raged westward as the Germans blocked the path of the 62d Volksgrenadier manders struggled to respond effectively to pushed to outflank the extended American Division across the Our River. By dark the the offensive, having only incomplete and defense. 106th had thus lost little ground. It had com- fragmentary reports from the field. Gerow, During the night of the seventeenth the mitted its reserve to block the enemy threat the V Corps commander in the north, re- Germans unveiled additional surprises. They to its south and was expecting Combat Com- quested that the 2d Division’s Roer River attempted to parachute a 1,000-man force mand B, 9th Armored Division, shifting from dams attack be canceled; however, Hodges, onto the Hohe Venn’s high point at Baraque V Corps reserve, to conduct a relieving at- who viewed the German action against the Michel. Although less than half actually tach via St. Vith toward the Schnee Eifel. 99th Division as a spoiling operation, ini- landed in the area, the scattered drop occu- But while the defenders moved to restore tially refused. Middleton, the VIII Corps pied the attention of critical U.S. armored their positions, the 18th, by searchlight and commander in the south, changed his plans and infantry reserves in the north for several flare, continued to press south from the gap. for the 9th Armored division’s Combat Com- days. A companion special operation, led by South of the 106th Division, the 28th Divi- mand B, ordering it to reinforce the southern the legendary Lt. Col. Otto Skorzeny, used sion fended off the Fifth Panzer Army’s flank of the 106th Division. The newly prom- small teams of English-speaking soldiers dis- thrusts. In the north the 112th Infantry held ised 7th Armored Division would assume the guised in American uniforms. Neither the back the LVIII Panzer Corps’ two divisions, CCB’s original mission of relieving troops on drop nor the operation gained any appre- while the 110th Infantry blocked the paths of the Schnee Eifel via St. Vith. Thereafter, ciable military advantage for the German the XLVII Panzer Corp’s three in the center. mixed signals between the VIII Corps and the panzers. The Americans, with their resist- The 110th’s strong points, which received 106th Division led to disaster. Whether by ance increasing along the Elsenborn ridge some tank reinforcement from the division poor communications or misunderstanding, and elsewhere, were undaunted by such reserve, held firm throughout the sixteenth, Middleton believed that the 106th was pull- threats to their rear. Further south, however, along the V and blocking the route westward. By dark, al- ing its men off the Schnee Eifel and with- VIII Corps boundary, the Sixth Panzer Army though German infantry had crossed the Our drawing to a less exposed position; the achieved its breakthrough. In the Losheim and started infiltrating, American road- 106th’s commander believed that Middleton Gap the advanced detachment of the 1st SS blocks still prevented any armor movement wanted him to hold until relieved and thus Panzer Division, Kampfgruppe Peiper, moved toward Bastogne. left the two defending regiments in place. forward through the attacking German in- South of the fifth Panzer Army, By the early morning hours of 17 December fantry during the early hours of the seven- Brandenberger’s Seventh Army also failed to Middleton, whose troops faced multiple teenth. Commanded by Col. Joachim Peiper, break through the American line. The 28th enemy threats, had selected the dispositions the unit would spearhead the main armored Division’s 109th Infantry managed to hold on that would foreshadow the entire American assault heading for the Meuse River cross- to its 9-mile front. Although the LXXXV response. Already ordered by Hodges to de- ings south of Liege at Huy. With over 100 Corps’ two divisions had seized crossings on fend in place, the VIII Corps commander de- tanks and approximately 5,000 men, the Our and achieved some penetrations be- termined that his defense would focus on de- Kampfgruppe Peiper had instructions to ig- tween the regiment’s company strong-points, nying the Germans use of the Ardennes nore its own flanks, to overrun or bypass op- they failed to advance further. Similarly, roadnet. Using the forces at hand, he in- position, and to move day and night. Tra- the Germans’ southernmost attack was held tended to block access to four key road junc- versing the woods south of the main panzer by the 4th Division’s 12th Infantry. The tions: St. Vith, Houffalize, Bastogne, and the route, it entered the town of Buellingen, LXXX Corps’ divisions met with heavy re- city of Luxembourg. If he could stop or slow about 3 miles behind the American line. sistance, and by nightfall the Americans still the German advance west, he knew that the After fueling their tanks on captured stocks, held their positions all along the Seventh 12th Army Group would follow with massive Peiper’s men murdered at least 50 American Army front, despite some infiltration be- flanking attacks from the north and south. POWs. Then shortly after noon, they ran That same morning Hodges finally agreed tween company strongpoints. head on into a 7th Armored Division field ar- Hitler responded to the first day’s reports to cancel the V Corps’ Roer dams attack. tillery observation battery southeast of with unbridled optimism. Rundstedt, how- Gerow, in turn, moved the 2d Division south Malmedy, murdering more than 80 men. ever, was less sanguine. The needed break- to strengthen the 99th Division’s southern Peiper’s men eventually killed at least 300 through had not been achieved, no major ar- flank, with reinforcements from the 1st In- American prisoners and over 100 unarmed mored units had been committed, and the fantry Division soon to follow. The First Belgian civilians in a dozen separate loca- key panzer routes were still blocked. In fact, Army commander now realized that Gerow’s tions. Word of the Malmedy Massacre spread, the first day of battle set the tone for the en- V Corps units held the critical northern and within hours units across the front real- tire American defense. In every engagement shoulder of the enemy penetration and began ized that the Germans were prosecuting the the Americans had been outnumbered, in to reinforce them, trusting that Middleton’s offensive with a special grimness. American some sectors facing down tanks and assault armor reinforcements would restore the cen- resistance stiffened. guns with only infantry weapons. Darkness, ter of the VIII Corps line. Following a twisted course along the fog, and intermittent drizzle snow had fa- While these shifts took place, the battle Ambleve River valley, Kampfgruppe Peiper vored the infiltrating attackers; but, despite raged. During the night of 16–17 December had completed barely half of its drive to the inroads made around the defenses, the Ger- the Sixth Panzer Army continued to move Meuse before encountering a unit from 9th mans had been forced to attack American armor forward in the hopes of gaining the Armored Division and then being stopped by positions frontally to gain access to the vital breakthrough that the infantry had failed to an engineer squad at the Stavelot bridge. roads. Time had been lost and more would be achieve. The Germans again mounted at- Unknown to Peiper, his column had passed spent to achieve a complete breakthrough. tacks near Monschau and again were re- within 15 miles of the First Army head- In that sense, the grand slam was already in pulsed. Meanwhile, south of Monschau, the quarters and was close to its huge reserve danger. 12th SS Panzer Division, committed from fuel dumps. But the Peiper advance was only American senior commanders were puzzled muddy logging trails, overwhelmed 99th Di- part of the large jolt to the American com- by the situation. The Germans apparently vision soldiers still holding out against the mand that day. To the south the 1st SS Pan- had attacked along a 60-mile front with 277th and 12th Volksgrenadier Divisions. zer Division had also broken loose, moving strong forces, including many new units not Outnumbered and facing superior weapons, just north of St. Vith. identified in the enemy order or battle. Yet many U.S. soldiers fought to the bitter end, As Kampfgruppe Peiper lunged deep into no substantial ground had been lost. With the survivors surrendering only when their the First Army’s rear, further south the VIII many communications links destroyed by munitions had run out and escape was im- Corps front was rapidly being fragmented. the bombardment and the relative isolation possible. Individual heroism was common. The 18th Volksgrenadier Division completed of most defensive positions, the generals During the Krinkelt battle, for example, T. its southern swing, encircling the two regi- were presented with a panorama of numerous Sgt. Vernon McGarity of the 393d Infantry, ments of the 106th Division on the Schnee small-unit battles without a clear larger pic- 99th Division, after being treated for wounds, Eifel. While a single troop of the 14th Cav- ture. returned to lead his squad, rescuing wounded alry Group continued to resist the German Nevertheless, command action was forth- under fire and single-handedly destroying an spearheads, the 106th’s engineers dug in to coming. By nightfall of the sixteenth, al- advancing enemy machine-gun section. After block the crucial Schoenberg road 2 miles though response at both the First Army and two days of fighting, his men were captured east of St. Vith, a last ditch defense, hoping 12th Army Group headquarters was guarded, after firing their last bullets. McGarity re- to hold out until the 7th Armored Division Eisenhower had personally ordered the 7th ceived the Medal of Honor for his actions. arrived. October 5, 1999 CONGRESSIONAL RECORD — HOUSE H9321 St. Vith’s road junctions merited the pri- troop overrun; others, who were both seg- First Army moved the 30th Infantry and 3d ority Middleton had assigned them. Al- mented and surrounded, surrendered. By 1600 Armored Divisions south to extend the though the I SS Panzer Corps had planned to most of the two regiments and their at- northern shoulder of the penetration to the pass north of the town and the LVIII Panzer tached support has thus been captured. Nev- west. Although Bradley remained the least Corps to its south, the crossroad town be- ertheless, one battalion-sized group evaded concerned, he and Patton explored moving a came more important after the German fail- captivity until the twenty-first, and about three-division corps from the Third Army to ure to make a breakthrough in the north on 150 soldiers from the 422d ultimately escaped attack the German southern flank. 16–17 December. There, the successful defense to safety. The confused nature of the final Allied intelligence now began to discern of the Elsenborn ridge had blocked three of battles made specific casualty accounting German strength objectives with some clar- the Sixth Panzer Army’s routes, pushing impossible, but over 7,000 men were captured. ity. The enemy’s success apparently was tied Dietrich’s reserve and supply routes south- The tragedy of the Schnee Eifel was soon to gaining the Meuse quickly and then turn- ward and jamming Manteuffel’s Losheim eclipsed by the triumph of St. Vith. Every ing north; however, most of the attacking di- route. South of the Losheim Gap the Amer- senior German commander saw the ‘‘road oc- visions were trapped in clogged columns, at- ican occupation of St. Vith and the Schnee topus’’—the omnidirectional junction of six tempting to push through the narrow Eifel represented a double obstacle, which roads in the town’s eastern end—as vital for Losheim Gap and enter the two panzer neither Dietrich nor Manteuffel could afford. a massive breakthrough, freeing up the Sixth routes then open. The area, still controlled With thousands of American soldiers still Panzer Army’s advance. For the Americans, by the VIII Corps, seemed to provide the key holding desperately along the Schnee Eifel holding St. Vith would keep the V and VIII to stabilizing the defensive effort. Somehow and its western slope village, the Germans Corps within a reasonable distance of each the VIII Corps, whose center had now been found vital roads still threatened. Further other; without the town the enemy’s spear- destroyed, would have to slow down the Ger- west, the possibility of American counter- heads would widen into a huge salient, fold- man drive west, giving the Americans time attacks from the St. Vith roadnet threat- ing back toward Bastogne further south. to strengthen the shoulders north and south ened Dietrich’s narrow panzer flow westward With intermittent communications, the St. of the salient and to prepare one or more as well as Manteuffel’s own western advance. Vith defenders thus operated with only one major counterattacks. And from St. Vith, the Americans could not order from Middleton: ‘‘Hold at all costs.’’ Middleton committed his only reserves, only choke the projected German supply ar- Despite a ‘‘goose-egg’’ position extending Combat Command R of the 9th Armored Di- teries but also reinforce the now isolated 12 miles from east to west on tactical maps, vision and seven battalions of corps and Schnee Eifel regiments. the St. Vith defense literally had no depth. army engineers, positioning the units at For the 106th Division’s men holding the Designed to fight on the move in more favor- critical road junctions. Teams formed from Schnee Eifel, time was running out. The 7th able terrain, the four combat commands of tank, armored infantry, and engineer units Armored Division’s transfer south from the the 7th and 9th Armored Divisions found soon met the 2d Panzer Division’s lead ele- Ninth Army had been slowed both by coordi- themselves moored to muddy, steep sloped ments. Outgunned in a frontal fight and dis- nation problems and roads clogged by with- hills, heavily wooded and laced with mud advantaged by the wide-tracked German drawing elements. Led by Combat Command trails. The first action defined the defense’s tanks’ cross-country capability in the driz- B, the 7th’s first elements arrived at St. Vith pattern. Unengaged commands sent tanks zle-soaked fields, Middleton’s armored forces in midafternoon of 17 December, with the di- and halftracks racing laterally across the pe- were soon overwhelmed, even though the vision taking command of the local defense rimeter to deal with penetrations and infil- fighting continued well into the night. By immediately. That night both sides jockeyed trators, with the engaged tanks and infantry dawn on the eighteenth no recognizable line in the dark. While the 18th Volksgrenadier holding their overextended lines as best they existed as the XLVII Panzer Corps’ three di- Division tried to make up lost time to mount could. After two days of sporadic attacks, visions bore down on Bastogne. an attack on the town from the northeast the German commanders attempted to con- Late on 17 December Hodges had requested and east, the 7th, whose units had closed centrate forces to crush the defense. But the commitment of SHAEF reserves, the 82d around St. Vith in fading daylight, estab- with clogged roads German preparations for and 101st Airborne Divisions. Promised to lished a northerly facing defensive arc in a coordinated assault encountered contin- Middleton by the morning of the nineteenth, preparation for its attack toward the Schnee uous delays. the VIII Corps commander intended to use Eifel the next day. Although the VIII Corps’ northern flank them at Houffalize, 17 miles south of St. South of St. Vith the 106th Division’s had been at least temporarily anchored at Vith, and at Bastogne, 10 miles further southernmost regiment, the 424th Infantry, St. Vith, its center was in great danger. south, as a solid block against the German and Combat Command B, 9th Armored Divi- There, the 28th Division’s 110th Infantry was advance to the Meuse. But until the airborne sion, had joined up behind the Our River. being torn to bits. After failing repeatedly to divisions arrived, the VIII Corps had to hold From the high-ground positions there they seize crossing on the Our, Manteuffel had its sector with the remnants of its own were able to continue blocking the 62d passed some of the 116th Panzer Division’s forces, mainly engineers, and with an ar- Volksgrenadier Division, thereby securing armor through the 2d Panzer Division to mored combat command from the 10th Ar- the southern approaches to St. Vith. But un- move up the Skyline Drive ridgeline and mored Division, which was beginning to known to them, the 28th Division’s 112th In- enter its panzer route. Thus by 17 December enter the battle for the corps’ center. fantry was also folding rearward and eventu- the 110th had elements of five divisions bull- Middleton’s engineer ‘‘barrier line’’ in ally joined the 424th and the 7th Armored Di- dozing through its strongpoints along the front of Bastogne slowed the German ad- vision, completing a defensive perimeter ridge, forcing back the 28th’s northern and vance and bought critical time, but the ar- around the town. During the night of 17 De- southern regiments that were attempting to rival of Combat Command B, 10th Armored cember, with these forces combining, Mid- maintain a cohesive defense. The 2d entered Division, at Bastogne was crucial. As it dleton and the commanders in St. Vith be- Clervaux, in the 110th’s center, by a side road moved forward, Middleton dispatched three lieved that the VIII Corps’ northern flank and rolled on westward toward Bastogne; armored teams to the north and east during would be restored and the 106th trapped regi- holdouts in Clervaux continued to fight from the night of the eighteenth to cover the road ments relieve. within an ancient castle in the town’s east- junctions leading to Bastogne. A key fight On 18 December Middleton’s hopes of ern end. To the south some survivors of the took place at Longvilly, just a few miles east launching a counterattack toward the ridge battle had fallen back to join engineers of Bastogne, where the remnants of the 9th Schnee Eifel faded as elements of three Ger- defending Wiltz, about 4 miles to the rear, Armored Division’s Combat Command R and man divisions converged around St. Vith. Al- and the southern approach to Bastogne. the 10th’s Team Cherry tried to block the though situation maps continued to mark Even though the 110th has suffered over 80 Germans. Three enemy divisions converged the last-known positions of the 106gh Divi- percent casualties, its stand had delayed the there, trapping the CCR force west of the sion’s 422d and 423d Infantry on the Schnee XLVII Panzer Corps for a crucial forty-eight town and annihilating it and then sur- Eifel, the massive weight of German num- hours. rounding Team Cherry. But even as this oc- bers ended any rescue attempts. Commu- The southern shoulder provided VIII Corps’ curred, the lead elements of the 101st Air- nicating through a tenuous artillery radio only clear success. The 4th Division has ab- borne Division passed through Bastogne to net, both regiments believed that help was sorbed the folded back defenses of the 109th defensive positions along the villages and on the way and that their orders were to Infantry and the 9th Armored Division’s low hills just to the east of the town. Joining break out to the high ground behind the Our Combat Command A, thus effectively jam- with the CCB’s three armor teams and the River, a distance of between 3 and 4 miles ming the Seventh Army’s attack. With the two battalions of engineers from the barrier over difficult enemy-held terrain. arrival of the 10th Armored Division, a provi- line, the 101st formed a crescent-shaped de- The following day, 19 December, brought sional corps was temporarily formed to block fense, blocking the five roads entering Bas- tragedy for the 106th Division. The two any advance toward the city of Luxembourg. togne from the north, east, and south. stranded regiments, now behind the Schnee The events of 17 December finally dem- The enemy responded quickly. The German Eifel, were pounded by artillery throughout onstrated the gravity of the German offen- commanders wanted to avoid being en- the day as the Germans drew their circle sive to the Allied command. Eisenhower meshed in any costly sieges. So when tighter. With casualties mounting and am- committed the theater reserve, the XVIII Manteuffel saw a hole opening between the munition dwindling, the 423d’s commander Airborne Corps, and ordered three American American defenses at St. Vith and Bastogne, chose to surrender his regiment to prevent divisions training in England to move imme- he ordered his panzer divisions to bypass its annihilation. The 422d had some of its diately to north-eastern France. Hodges’ both towns and move immediately toward H9322 CONGRESSIONAL RECORD — HOUSE October 5, 1999 their planned Meuse crossing sites some 30 diers in numerous ‘‘blocks’’ and positions in reserves to extend the First Army line miles to the northwest, leaving the infantry unlocated on any command post map. These westward. Much of the Sixth Panzer Army’s to reduce Bastogne’s defenses. Although Mid- men knew nothing of Allied operational strength was thus tied up in road jams of dleton had planned to use the 82d Airborne plans or even the extent of the German of- long columns of vehicles. But American suc- Division to fill the gap between Bastogne fensive, but in the next days, on their shoul- cess was still far from certain. The V Corps and St. Vith, Hodges had been forced to di- ders, victory or disaster rested. was holding four panzer divisions along the vert it northwest of St. Vith to block the One unavoidable decision on overall battle- northern shoulder, an elbow-shaped 25-mile Sixth Panzer Army’s advance. Thus only the field coordination remained. Not one to line, with only parts of four U.S. divisions. few engineers and support troops defending move a command post to the rear, General To the west of the V Corps the 30th Infan- the road junctions and crossings along the Bradley had kept his 12th Army Group head- try Division, now under Maj. Gen. Matthew narrow Ourthe River west of Bastogne lay in quarters in the city of Luxembourg, just B. Ridgway’s XVIII Airborne Corps, marched the path of Manteuffel’s panzers. south of the German attack. Maj. Gen. Hoyt south to block Kampfgruppe Peiper at Malmedy and, along the Ambleve River, at COMMAND DECISIONS, 19–20 DECEMBER S. Vandenberg’s Ninth Air Force head- quarters, which supported Bradley’s armies, Stavelot, Stoumont, and La Gleize. To the Wacht am Rhine’s timetable had placed stayed there also, unwilling to sever its di- south of Peiper the XVIII’s other units, the Dietrich’s and Manteuffel’s panzers at the rect ties with the ground forces. But three 82d Airborne and 3d Armored Divisions, Meuse four days after the attack began. The German armies now separated Bradley’s moved forward to the area between the Salm stubborn American defense made this impos- headquarters from both Hodges’ First Army and Ourthe Rivers, northwest of St. Vith, sible. The Sixth Panzer Army, the des- and Simpson’s Ninth Army in the north, which was still in danger of being isolated. ignated main effort, had been checked; its making it difficult for Bradley to supervise a By 20 December the Peiper force was almost attacks to open the Hohe Venn’s roads by di- defense in the north while coordinating an out of fuel and surrounded. During the night rect assault and airborne envelopment had attack from the south. Nor would commu- of the twenty-third Peiper and his men de- failed, and Kampfgruppe Peiper’s narrow ar- nications for the thousands of messages and stroyed their equipment, abandoned their ve- mored spearhead had been isolated. To the orders needed to control and logistically sup- hicles, and walked out to escape capture. south the Fifth Panzer Army’s northern port Bradley’s two northern armies and Dietrich’s spearhead was broken. corps had been blocked at St. Vith; its center Vandenberg’s two northern air commands be North of St. Vith the I SS Panzer Corps corps had advanced nearly 25 miles into the guaranteed. pushed west. Part of the LVIII Panzer Corps American center but was still meeting re- Eisenhower, therefore, divided the battle- had already bypassed the defenders’ southern sistance; and its southern corps had been un- field. At noon on 20 December ground com- flank. Standing in the way of Dietrich’s pan- able to break the Bastogne roadblock. The mand north of the line from Givet on the zers was a 6-mile line along the Salm River, southern flank was in no better straits. Nei- Meuse to the high ground roughly 5 miles manned by the 82d Airborne Division. ther the Seventh Army’s feint toward the south of St. Vith devolved to Montgomery’s Throughout the twenty-first German armor city of Luxembourg nor its efforts to cover 21 Army Group, which temporarily assumed attacked St. Vith’s northwestern perimeter Manteuffel’s flank had gained much ground. operational control of both the U.S. Ninth and infantry hit the entire eastern circum- Hitler’s key requirement that an over- and First Armies. Shifting the ground com- ference of the line. Although the afternoon whelming force achieve a quick break- mand raised a furor, given the strained rela- assault was beaten back, the fighting was re- through had not occurred. Six divisions had tions Montgomery had with senior American newed after dark. To prevent being trapped held twenty, and now the American forces, commanders. Montgomery had been success- from the rear, the 7th Armored Division either on or en route to the battlefield, had ful in attacking and occupying ‘‘ground of began pulling out of its advanced positions doubled. Nevertheless, the Sixth Panzer his own choosing’’ and then drawing in around 2130. The other American units Army’s II SS Panzer Corps had yet to be enemy armored reserves where they could be around the town conformed, folding into a committed, and additional divisions and destroyed by superior artillery and air tighter perimeter west of the town. armor existed in the German High Command Ridgway wanted St. Vith’s defenders to power. He now intended to repeat these tac- reserve. The unspoken belief among Hitler’s stay east of the Salm, but Montgomery ruled tics, planning to hold his own counter- generals now was that with luck and contin- otherwise. The 7th Armored Division, its am- attacks until the enemy’s reserves had been ued poor weather, the more limited objec- munition and fuel in short supply and per- spent or a decisive advantage gained. The tives of their small solution might still be haps two-thirds of its tanks destroyed, and American generals, however, favored an im- possible. the battered elements of the 9th Armored, mediate counteroffensive to first halt and Eisenhower’s actions had also undermined 106th, and 28th Divisions could not hold the then turn back the German drive. Equally Hitler’s assumption that the Allied response extended perimeter in the rolling and wood- disconcerting to them was Montgomery’s would come too late. When ‘‘Ike’’ committed ed terrain. Meanwhile, Dietrich’s second persistence in debating command and strat- two armored divisions to Middleton on the wave of tanks entered the fray. The II SS egy, a frequent occurrence in all coalitions, first day of fighting and the theater reserve Panzer Corps immediately threatened the but one that by virtue of his personal ap- on the next, a lightning German advance to Salm River line north and west of St. Vith, proach added to the strains within the Allied the Meuse became nearly impossible. Meet- as did the LVIII Panzer Corps circling to the command. ing with his commanders at Verdun on 19 De- The British 2d Tactical Air Force similarly south, adding the 2d SS Panzer Division to cember, Eisenhower, who had received the took control of the IX and XXIX Tactical Air its drive. Ordering the St. Vith defenders to latest Ultra intelligence on enemy objec- Commands from Vandenberg’s Ninth Air withdraw through the 82d Airborne Division tives, outlined his overall operational re- Force. Because the British air commander, line to prevent another Schnee Eifel dis- sponse. Hodges’ First Army would break the Air Chief Marshal Sir Arthur ‘‘Maori’’ aster, Montgomery signaled them that ‘‘they German advance; along the southern flank of Coningham, had long established close per- come back with all honor.’’ the German penetration Patton’s Third Mud threatened to trap much of the force, sonal relations with the concerned American Army would attack north, assuming control but nature intervened with a ‘‘Russian air commanders, the shift of air commands of Middleton’s VIII Corps from the First High,’’ a cold snap and snowstorm that passed uneventfully. Army; and Middleton’s Bastogne positions turned the trails from slurry to hard ground. would now be the anvil for Third Army’s FIRST ARMY BATTLES, 20–27 DECEMBER While the Germans seemed temporarily pow- hammer. Eisenhower and Montgomery agreed that erless to act, the St. Vith defenders on 23 De- Patton, content that his staff had finalized the First Army would establish a cohesive cember, in daylight, withdrew across the operational planning, promised a full corps defensive line, yielding terrain if necessary. Salm to reform behind the XVIII Airborne attack in seventy-two hours, to begin after a Montgomery also intended to create a corps- Corps front. Ridgway estimated that the suc- nearly 100-mile move. Devers’ 6th Army sized reserve for a counterattack, which he cessful withdrawal added at least 100 tanks Group would take up the slack, relieving two sought to keep from being committed during and two infantry regiments to his corps. of Patton’s corps of their frontage. In the the defensive battle. The First Army’s hasty The St. Vith defense purchased five critical north Montgomery had already begun mov- defense had been one of hole-plugging, last days, but the situation remained grave. Mod- ing the British 30 Corps to backstop the First stands, and counterattacks to buy time. Al- el’s Army Group B now had twelve full divi- Army and assume defensive positions behind though successful, these tactics had created sions attacking along roughly 25 miles of the the Meuse astride the crossings from Liege organizational havoc within Hodges’ forces northern shoulder’s east-west front. Hodges’ to Namur. as divisional units had been committed army was holding with thirteen divisions, Eisenhower began his Verdun conference piecemeal and badly jumbled. Complicating four of which had suffered heavy casualties saying, ‘‘The present situation is to be re- the situation even further was the fact that and three of which were forming in reserve. garded as one of opportunity for us and not the First Army still held the north-south Montgomery had designated Maj. Gen. J. disaster.’’ That opportunity, as his generals front, north of Monschau to Elsenborn, while Lawton ‘‘Lightning Joe’’ Collins’ VII Corps knew, hung not on their own operational fighting Dietrich’s panzers along a nearly as the First Army’s counterattack force, po- plans but on the soldiers on the battlefield, east-west axis in the Ardennes. sitioning its incoming divisions northwest of defending the vital St. Vith and Bastogne Blessed with excellent defensive ground Hodges’ open flank, hoping to keep them out road junctions, holding on to the Elsenborn and a limited lateral roadnet in front of V of the defensive battle. He intended both to ridge, and blocking the approaches to the Corps positions, Gerow had been able to roll blunt the enemy’s assault and wear down its city of Luxembourg, as well as on the sol- with the German punch and Hodges to feed divisions by withdrawing the XVIII Airborne October 5, 1999 CONGRESSIONAL RECORD — HOUSE H9323 Corps to a shorter, defendable line, thus on 22 December, the corps commander’s em- the Marne-Rhine Canal. If successful, a sec- knitting together the First Army’s frag- issary arrived at the 101st Division’s com- ond operation, called Zahnartz (‘‘Dentist’’), mented defense. Above all, before launching mand post, demanding surrender or threat- would pursue objectives westward toward the a major counterstroke, Montgomery wanted ening annihilation. The acting division com- area between Luneville and Metz and into to cripple the German panzers with artillery mander, Brig. Gen. Anthony C. McAuliffe, re- the Third Army’s southern flank. Lt. Gen. and with constant air attacks against their plied ‘‘Nuts,’’ initially confounding the Ger- Hans von Obstfelder’s First Army would lines of supply. mans but not Bastogne’s defenders. The de- launch the XIII SS Corps as the main effort The Russian High that blanketed the bat- fense held. down the Sarre River valley, while to the tlefield brought the Allies one tremendous For four days bitter fighting raged in a southeast four divisions from the XC and advantage—good flying weather. The week of clockwise rotation around Bastogne’s south- LXXXIX Corps would attack southwesterly inclement weather promised to Hitler by his ern and western perimeter, further con- down the Low Vosges mountain range meteorologists had run out—and with it the stricting the defense within the low hills and through the old Maginot Line positions near ability to move in daylight safe from air at- patches of woods surrounding the town. The Bitche. A two-division panzer reserve would tack. The Allied air forces rose to the occa- infantry held ground, with the armor scur- be held to reinforce success, which Hitler be- sion. Night bombers of the Royal Air Force’s rying to seal penetrations or to support local lieved would be in the Sarre River sector. Bomber Command had been attacking those counterattacks. Once the overcast weather Reichsfuehrer Heinrich Himmler’s Army rail yards supporting the German offensive had broke, the defenders received both air Group Oberrhein, virtually an independent since 17 December. In the five days of good support and aerial resupply, making it im- field army reporting only to Hitler, was to weather following the Russian High, Amer- perative for Manteuffel to turn some of his pin the southern flank of the Seventh Army ican day bombers entered the interdiction ef- precious armor back to quickly crush the with holding attacks. The new offensive was fort. As Allied fighter bombers patrolled the American defense, a large deadly threat planned for the thirty-first, New Year’s Eve. roads throughout the Ardennes and the Eifel, along his southern flank. However, its target, the U.S. Seventh Army, the Ninth Air Force’s medium bombers at- Meanwhile, as Bastogne held, Patton’s was neither unready nor unwarned. tacked targets west of the Rhine and the Third Army units streamed northward. Maj. Lt. Gen. Alexander M. Patch’s Seventh Eighth Air Force’s heavy bombers hit rail Gen. John B. Millikin’s newly arrived III Army, part of Devers’ 6th Army Group, yards deeper into Germany. Flying an aver- Corps headquarters took command of the 4th which also included the French First Army, age of 3,000 sorties daily during good weath- Armored and 26th and 80th Infantry Divi- had been among the theater’s unsung heroes. er, the combined air forces dropped more sions, in a move quickly discovered and mon- After conducting assault landings on the than 31,000 tons of bombs during the first ten itored by the Germans’ effective radio inter- coast of southern France in August 1944, the days of interdiction attacks. cept units. In response, Brandenberger’s Sev- small army had chased a significantly larger The effects on the ground battle were dra- enth Army, charged with the crucial flank force northward; but, much to the chagrin of matic. The sluggish movement of fuel and guard mission in Hitler’s offensive, rushed his commanders, Patch had been ordered not vehicles over the Ardennes’ few roads had al- its lagging infantry divisions forward to to cross the Rhine, even though his divisions ready slowed German operations. The added block the expected American counterattack. were among the first Allied units to reach its strain on resupply from the bombing and Jumping off as promised on 22 December banks. In November the Seventh Army had strafing now caused halts up and down the some 12 to 15 miles south of Bastogne, III been the Western Front’s leading Allied German line, making coordinated attacks Corps divisions achieved neither the surprise ground gainer. Yet, when Patton’s Third more difficult. Still, panzer and infantry nor momentum that Bradley and Patton had Army found its offensive foundering, Patch, units continued to press forward. hoped. No longer a lunge into an exposed again following orders, had sent a corps From Christmas Eve to the twenty-sev- flank, the attack became a frontal assault northward to attack the Siegfried Line’s enth, battles raged along the First Army’s along a 30-mile front against infantry hold- southern flank, an operational lever designed entire front. The heaviest fighting swirled ing good defensive terrain. With Bastogne’s to assist Patton’s attack. around the positions held by Ridgway’s garrison totally surrounded, only a quick On 19 December, at the Verdun conference, XVIII Airborne Corps and Collins’ VII Corps, Third Army breakthrough could prevent the the 6th Army Group was again relegated to a the latter having been piecemealed forward brilliant holding action there from becoming supporting role. Eisenhower ordered Devers to extend the First Army line westward. a costly disaster. But how long Bastogne’s to assume the front of two of Patton’s corps While the XVIII Corps battled the Sixth Pan- defenders could hold out was a question that were moving to the Ardennes, and then zer Army’s last attempts to achieve a north- mark. on the twenty-sixth he added insult to injury ern breakthrough, the VII Corps’ 3d Armored To the east, as Millikin’s III Corps moved by telling the 6th Army Group commander and 84th Infantry Divisions held the line’s against hardening enemy resistance along to give up his Rhine gains by withdrawing to western end against the LVIII and XLVII the Sure River, Maj. Gen. Manton S. Eddy’s the Vosges foothills. The switch to the de- Panzer Corps. These units had become Mod- XII Corps attacked northward on a front al- fense also scrapped Devers’ planned attacks el’s new main effort, swinging wide of most as wide as the III Corps’. Taking con- to reduce the Colmar Pocket, the German Dietrich’s stalled attack, and they now had trol of the 4th Infantry and 10th Armored Di- foothold stretching 50 miles along the elements about 5 miles from the Meuse. visions and elements of the 9th Armored Di- Rhine’s western banks south of Strasbourg. Upon finding the 2d Panzer Division out of vision, all units of Middleton’s former south- Held in check by two corps of General Jean gas at the German salient’s tip, Collins on ern wing, Eddy met greater difficulties in de Lattre de Tassigny’s French First Army, Christmas Day sent 2d Armored Division, clearing the ridges southeast of Bastogne. this area was the only German bridgehead in with heavy air support, to encircle and de- Meanwhile, the 35th and 5th Infantry Divi- Devers’ sector. But by Christmas Eisenhower stroy the enemy force. sions and the 6th Armored Division moved saw a greater threat than the Colmar Pocket The First Army’s desperate defense be- northward to strengthen the counterattacks. opening on his southern front. Allied intelligence had confirmed that a tween the Salm and Meuse Rivers had Millikin finally shifted the main effort to new enemy offensive in the Alsace region stopped the Sixth and Fifth Panzer Armies, the west, where the 4th Armored Division was imminent. Eisenhower wanted the Sev- including six panzer divisions. The fierce was having more success. Following fierce enth Army to meet it by withdrawing to battles—at places as Baraque de Fraiture, village-by-village fighting in frigid tempera- shortened lines to create reserves, essen- Manhay, Hotton, and Marche—were epics of tures, the 4th linked up with Bastogne’s de- tially ceding northern Alsace back to the valor and determination. Hitler’s drive for fenders at 1650 on 26 December, lifting the Germans, including the city of Strasbourg. Antwerp was over. siege but setting the stage for even heavier Not surprisingly, Devers, Patch, and de fighting for the Bastogne sector. THIRD ARMY BATTLES, 20–27 DECEMBER Lattre objected strongly to the order. In the The 20 December boundary shift trans- NORDWIND IN ALSACE, 31 DECEMBER–5 JANUARY end, rather than withdraw, Devers shifted ferred Middleton’s VIII Corps and its Bas- By 21 December Hitler had decided on a forces to create a reserve to backstop the togne garrison to Patton’s Third Army, new offensive, this time in the Alsace region, key enemy attack avenues leading into his which was now moving forces from as far in effect selecting one of the options he had front and ordered the preparation of three away as 10 miles to attack positions south of disapproved earlier in favor of Wacht am intermediate withwrawal lines forward of the German salient. Bastogne had become an Rhine. With the Fifteenth Army’s supporting the defensive line designated by Eisenhower. armed camp with four airborne regiments, thrust canceled due to Dietrich’s failure to By New Year’s Eve, with two U.S. divisions seven battalions of artillery, a self-propelled break the northern shoulder, and with no withdrawn from the Seventh Army and tank destroyer battalion, and the surviving hope of attaining their original objectives, placed in theater reserve, the 6th Army tanks, infantry, and engineers from two ar- both Hitler and Rundstedt agreed that an at- Group’s front resembled the weakened de- mored combat commands—all under the tack on the southern Allied front might take fense that had encouraged the German 101st Airborne Division’s command. advantage of Patton’s shift north to the Ardennes offensive. Patch’s six divisons cov- Manteuffel had ordered the Panzer Lehr Ardennes, which Wehrmacht intelligence had ered a 126-mile front, much of it along poor and the 2d Panzer Divisions to bypass Bas- identified as under way. The first operation, defensive ground. Feeling that the Saree togne and speed toward the Meuse, thus iso- called Nordwind (‘‘Northwind’’), targeted the River valley just north of the Low Vosges lating the defenders. As the 26th Saverne Gap, 20 miles northwest of would bear the brunt of any attack, Patch Volksgrenadier Division and the XLVII Strasbourg, to split the Seventh Army’s XV assigned Maj. Gen. Wade Haislip’s XV Corps Paner Corps’ artillery closed in for the kill and VI Corps and retake the Alsace north of a 35-mile sector between Sarreguemines and H9324 CONGRESSIONAL RECORD — HOUSE October 5, 1999 Bitche, with the 103d, 44th, and 100th Infan- and throwing in Task Force Herren, combat German assault westward, Montgomery try Divisions holding from northwest to engineers converted to infantry, and units of ruled out a direct attack to the south at the southeast, backed by the experienced French the 45th and 75th Infantry Divisions to plug base of the bulge. As December waned, Rund- 2d Armored Division. Maj. Gen. Edward H. holes or block routes out of the Low Vosges. stedt’s remaining armored reserves were cen- Brooks’ VI Corps took up the balance of While units fought for twisted roads and tered near St. Vith, and the roadnet there of- Patch’s front from the Low Vosges southeast mountain villages in subfreezing tempera- fered inadequate avenues to channel the four to Lauterbourg on the Rhine and then south- tures, Obstfelder’s First Army committed U.S. armored divisions into an attack. Un- ward toward Strasbourg. Brooks’ corps had the 6th SS Mountain Division to restart the willing to weaken his western flank now that the veteran 45th and 79th Infantry Divsions advance on the Saverne Gap. In response, his reserve had been committed, Mont- and the 14th Armored Division in reserve. Patch shifted the 103d Infantry Division gomery seemed more prone to let the VII Patch inserted Task Force Hudelson, a two- eastward from the XV Corps’ northwestern Corps attack from its present positions squadron cavalry force, reinforced with in- wing to hold the southeastern shoulder of northwest of St. Vith. Eisenhower raised the fantry from the uncommitted 14th Armored the Vosges defense. By 5 January the SS issue of committing the British 30 Corps. But Division at the boundary joining the two troopers managed to bull their way to the having deactivated units to rebuild the corps American corps. town of Wingen-sur-Moder, about 10 miles for use in his projected Rhineland offensive, The deployment of three additional units— short of Saverne, but there they were Montgomery agreed to move it across the Task Force Linden (42d Infantry Division), stopped. With the Vosges’ key terrain and Meuse to assume Collins’ vacated front, a Task Force Harris (63d Infantry Division), passes still under American control and the transfer that would not be completely ac- and Task Force Herren (70th Infantry Divi- German advance held in two salients, complished until 2 January. From there, the sion)—demonstrated how far Devers and Nordwind had failed. 30 Corps would conduct limited supporting Patch would go to avoid yielding ground. Meanwhile, the original SHAEF with- attacks. Although Hodges, as First Army Formed from the infantry regiments of three drawal plan, especially the abandonment of commander, would select the precise coun- arriving divisions and led by their respective Strasbourg, had created an Allied crisis in terattack axis, he knew Montgomery’s re- assistant division commanders, these units confidence. Supporting Devers’ decision not peated preference for the VII Corps to con- went straight to the Seventh Army front to withdraw, the Free French government of duct the main effort and also Bradley’s pref- minus their still to arrive artillery, engi- General Charles de Gaulle enlisted British erence for a quick linkup at Houffalize. neer, and support units that comprised a Prime Minister Winston Churchill’s support Hodges’ decision was thus predictable. The complete division. By late December Patch to amend Eisenhower’s orders. Fortunately, VII Corps would constitute the First Army’s had given the bulk of Task Force Harris to Patch’s successful defense temporarily main effort, aimed at Houffalize. Ridgway’s Haislip’s XV Corps and the other two to shelved the SHAEF withdrawal plan, but Al- XVIII Airborne Corps would cover the VII’s Brooks, who placed them along the Rhine be- sace was not to be spared further German at- northeastern flank, and, like Millikin’s III tween Lauterbourg and Strasbourg. tacks. Hitler’s armored reserve and Himm- Corps, its advance would be pointed at St. Despite knowledge of the impending Alsace ler’s Army Group Oberrhein had not yet en- Vith. The Germans would thus be attacked offensive, the exact location and objectives tered the battle. head on. were unclear. Troop buildups near Timing the counterstrokes also raised dif- Saarbruecken, east of the Rhine, and within ERASING THE BULGE ficulties. The American generals wanted the the Colmar Pocket pointed to possible North of the Alsace region the Allied com- First Army to attack immediately, claiming thrusts either southwestward down the Sarre manders were concerned with reducing the the Germans had reached their high-water River valley or northward from the Colmar enemy’s Ardennes salient, now called the mark. Montgomery demurred, citing intel- region, predictions made by the Seventh ‘‘Bulge.’’ From the beginning of Wacht am ligence predictions of an imminent offensive Army’s G–2 that proved to be remarkably ac- Rhein they had envisioned large-scale coun- by the II SS Panzer Corps—an assault he curate. terattacks. The decisions as to where and welcomed as it fit his concept of weakening On New Year’s Eve Patch told his corps how the attacks would be launched, however, enemy armor further rather than conducting commanders that the Germans would launch underscored their different perspectives. The costly attacks. Contrary to Montgomery’s their major offensive early the next day. Ac- theoretical solution was to attack the sa- tactics, Eisenhower preferred that the First tually, first combat began shortly before lient at its base. Patton had in fact planned Army attack immediately to prevent the midnight all along the XV Corps front and to have the Third Army’s right flank corps, Germans from withdrawing their panzers and along both the southeastern and south- the XII, attack further eastward toward shifting them southward. western approaches from Bitche toward the Bitburg, Germany, along what he referred to Patton’s renewed attacks in late December Low Vosges. The XIII SS Corps’ two rein- as the ‘‘honeymoon trail.’’ Bradley, however, caused the Third Army to learn firsthand forced units, the 17th SS Panzergrenadier as the commander responsible for the south- how difficult the First Army battles had and 36th Volksgrenadier Divisions, attacked ern attack, wanted to cover the shortest dis- been. In the Third Army sector the relief of the 44th and 100th Division, whose prepared tance to relieve Hodges’ beleaguered First Bastogne had not changed the intensity of defense in depth included a regiment from Army units. Overruling Patton, he des- combat. As Manteuffel received panzer rein- Task Force Harris. The Germans made nar- ignated Houffalize, midway between Bas- forcements, he threw them into the Bastogne row inroads against the 44th’s line near togne and St. Vith, as a primary objective. salient before it could be widened and ex- Rimling during fighting characterized by Middleton’s reinforced VIII Corps, the west- tended northward toward the First Army. constant American counterattacks sup- ernmost force, would drive on Houffalize; the Patton’s Third Army now encountered pan- ported by French armor and Allied air at- middle force, Millikin’s III Corps, would re- zers and divisions in numbers comparable to tacks during clear weather. After four days main on Middleton’s right flank heading for those that had been pressing against the of vicious fighting the XIII SS Corps’ initial St. Vith; and Eddy’s XII Corps would serve as northern shoulder for the previous 10 days. offensive had stalled. an eastern hinge. Bradley’s choice made the In the week after Bastogne’s relief the num- The XC and LXXXIX Corps attacked near best use of the existing roads; sending ber of German divisions facing the Third Bitche with four infantry divisions abreast. Millikin’s IIII Corps along advantageous ter- Army jumped from three to nine around Bas- Advancing through the Low Vosges, they rain corridors avoided the favorable defen- togne and from four to five in the III and XII gained surprise by forgoing artillery prepara- sive ground on the successive ridges east of Corps sector of the front. tions and by taking advantage of fog and Bastogne. Once linked with the First Army, The fighting during the 9-mile American thick forests to infiltrate Task Force the 12th Army Group’s boundary would re- drive from Bastogne to Houffalize became a Hudelson. As in the Losheim Gap, the de- vert to its original northern line. Only then series of bitter attacks and counterattacks fending mechanized cavalry held only a thin would Bradley send the First and Third Ar- in worsening weather. Patton quickly added line of strongpoints; lateral mobility mies east into the Eifel toward Pruem and the 17th Airborne, the 87th and 35th Infantry, through the rough snowladen mountain Bitburg in Germany. Bradley further solidi- and the 11th and 6th Armored Divisions to roads was limited. The light mechanized fied his plan by committing newly arriving his attacking line, which stretched 25 miles forces were soon overrun or bypassed and reinforcements—the 11th Armored, 17th Air- from the Ourthe River to the Clerf. While the isolated by the 559th, 257th, 361st, and 256th borne, and 87th Infantry Divisions—to the III Corps continued its grim attacks north- Volksgrenadier Divisions. The Germans west of Bastogne for Middleton’s VIII corps. eastward against the forested ridges of the gained about 10 miles during Nordwind’s first Montgomery had eyed Houffalize earlier, Wiltz valley leading toward German escape four days, heading directly for the Saverne viewing the approaches to the town from the routes eastward out of the salient, VIII Corps Gap that linked the XV and VI Corps. northwest as excellent for a corps-sized at- forces added some width to the Bastogne sa- Both American corps commanders re- tack. His own extended defensive line on the lient but gained no ground northward before sponded quickly to the threat. Haislip’s XV northern shoulder of the bulge and the piece- New Year’s Day. Both sides reinforced the Corps plugged the northwestern exits to the meal entry of Collins’ VII Corps into battle sector with every available gun. In a nearly Low Vosges with Task Force Harris, units of further west did not shake his original con- week-long artillery duel Patton’s renewed the 14th Armored and 100th Divisions, and a cept. Much like Bradley, he saw an interim attacks collided with Manteuffel’s final ef- regiment from the 36th Infantry Division, solution as best. Concerned that American forts to eradicate the Bastogne bridgehead. which Eisenhower had released from theater infantry losses in Gerow’s V Corps had not During the same week German attacks reserve. Brooks’ VI Corps did the same, been replaced, and with the same terrain and continued along the First Army line near the stripping its Lauterbourg and Rhine fronts roadnet considerations that had jammed the Elsenborn ridge and in the center of the October 5, 1999 CONGRESSIONAL RECORD — HOUSE H9325 XVIII Airborne Corps line before a general Group. Almost immediately Bradley began during the successful attacks of August 1870 quiet descended upon the northern front. In what he had referred to in planning as a under Field Marshal Helmuth von Moltke. many areas the fields, forests, and roads ‘‘hurry-up’’ offensive, another full-blooded Moltke’s successors, however, made no were now covered with waist-high snow- drive claiming the Rhine as its ultimate ob- breakthrough. In the two Alsatian towns of drifts, further impeding the movement of jective while erasing the Bulge en route. On Hatten and Rittershoffen, Patch and Brooks both fighting men and their resupply vehi- the twenty-third Ridgway’s XVIII Airborne threw in the Seventh Army’s last reserve, cles. Corps, now the First Army’s main effort, and the 14th Armored Division. Assisted by a Climaxing Wacht am Rhein’s efforts, the the 7th Armored Division took St. Vith. This mixture of other combat, combat support, Luftwaffe launched its one great appearance action was the last act of the campaign for and service troops, the division halted the of the campaign during the early morning the First Army. Hodges’ men, looking out Germans. hours of New Year’s Day. Over 1,000 aircraft across the Losheim Gap at the Schnee Eifel While the VI Corps fought for its life in the took off before dawn to attack Allied air- and hills beyond, now prepared for new bat- Haguenau Forest, the enemy renewed at- fields in Holland and Belgium, with the ob- tles. tacks on both flanks. During an intense bat- jective of eliminating the terrible scourge In the Third Army sector Eddy’s XII Corps tle between units of the 45th Division and that the Allied air forces would again be- leapt the Sure River on 18 January and the 6th SS Mountain Division in the Low come once the skies cleared over the entire pushed north, hoping to revive Patton’s plan Vosges, the Germans surrounded an Amer- battle area. The Germans destroyed roughly for a deep envelopment of the German escape ican battalion that had refused to give 300 Allied machines, but their loss of more routes back across the Belgian-Luxembourg- ground. After a week’s fighting by units at- than 230 pilots was a major blow to the German borders. Intending to pinch the es- tempting its relief, only two soldiers man- Luftwaffe, whose lack of trained aviators cape routes via the German tactical bridges aged to escape to friendly lines. was even more critical than their fuel short- on the Our River, the 5th Division crossed Although gaining ground, the enemy had ages. the Sauer at night, its main body pushing achieved no clear-cut success. Hitler never- Casualties mounted, bringing on a man- theless committed his last reserves on 16 power shortage in both camps. Although the northward to clear the long Skyline Drive ridge, where the 28th Division had faced the January, including the 10th SS Panzer and Germans continued to commit fresh divi- the 7th Parachute Divisions. These forces fi- sions until late December, the Americans, first assaults. By the campaign’s official end on the twenty-fifth the V, XVIII, VIII, III, nally steamrolled a path along the Rhine’s with only three uncommitted divisions in west bank toward the XIV SS Corps’ theater, were forced to realign their entire and XII Corps had a total of nine divisions holding most of the old front, although the Gambsheim bridgehead, over-running one of front. Many units moved from one combat to the green 12th Armored Division’s infantry another without rest or reinforcement. De- original line east of the Our River had yet to be restored. battalions at Herrlisheim and destroying one cember’s battles had cost the Americans of its tank battalions nearby. This final NORDWIND REVISITED, 5–25 JANUARY more than 41,000 casualties, and with infan- foray led Brooks to order a withdrawal on try replacements already critically short, In early 1945, as Operation Wacht am Rhein the twenty-first, one that took the Germans antiaircraft and service units had to be in the Ardennes started to collapse, Oper- by surprise and was completed before the stripped to provide riflemen for the line. ation Nordwind in the Alsace was revived. enemy could press his advantage. Black soldiers were offered the opportunity On 5 January, after Nordwind’s main effort Forming a new line along the Zorn, Moder, to fight within black platoons assigned to had failed, Himmler’s Army Group and Rothback Rivers north of the Marne- many white battalions, a major break from Oberrheim finally began its supporting Rhine Canal, the VI Corps commander previous Army policy. thrusts against the southern flank of Brooks’ aligned his units into a cohesive defense with Despite the shortage of replacements, both VI Corps, with the XIV SS Corps launching a his badly damaged but still game armored Patton’s Third Army and Hodges’ First cross-Rhine attack north of Strasbourg. Two divisions in reserve. Launching attacks dur- Army attacked on 3 January. Collins’ VII days later, south of the city, the Nineteenth ing the night of 24–25 January, the Germans Corps in the north advanced toward the high Army launched Operation Sonnenwende ground northwest of Houffalize, with two ar- found their slight penetrations eliminated by (‘‘Winter Solstice’’), attacking north, astride vigorous counterattacks. Ceasing their as- mored divisions in the lead. Meeting stiff op- the Rhone-Rhine Canal on the northern edge position from the LXVI Corps, VII Corps in- saults permanently, they might have found of the German-held Colmar Pocket. These irony in the Seventh Army’s latest acquisi- fantry soon replaced the tanks as difficult actions opened a three-week battle, whose terrain, icy roads, and a tenacious defense tion from SHAEF reserves—the ‘‘Battling ferocity rivaled the Ardennes fighting in vi- Bastards of Bastogne,’’ the 101st Airborne Di- using mines, obstacles, antitank ambushes, ciousness if not in scope and threatened the and armored counterattacks took their toll. vision, which arrived on the Alsace front survival of the VI Corps. The XVIII Airborne Corps moved its right only to find the battle over. Sonnenwende sparked a new crisis for the Even before Nordwind had ended, the 6th flank south to cover Collins’ advance, and in 6th Army Group, which had too few divisions the far west the British 30 Corps pushed east- Army Group commander was preparing to to defend every threatened area. With ward. Under intense pressure Hitler’s forces eliminate the Colmar Pocket in southern Al- Brooks’ VI Corps now engaged on both pulled back to a new line, based on the sace. Five French divisions and two Amer- flanks, along the Rhine at Gambsheim and Ourthe River and Houffalize, with the bulk ican, the 3d Infantry and the rebuilt 28th Di- to the northeast along the Low Vosges of the SS panzer divisions withdrawing from vision, held eight German infantry divisions mountain exits, Devers transferred responsi- the battlefield. Poor weather restricted Al- and an armored brigade in a rich farming bility for Strasbourg to the French First lied flyers to intermittent close support for area laced with rivers, streams, and a major Army, and de Lattre stretched his forces to only three days in the nearly two weeks that canal but devoid of significant hills or cover both the city and the Belfort Gap 75 VII Corps units fought their way toward ridges. Devers wanted to reduce this frozen, miles to the south. their juncture with the Third Army. snow-covered pocket before thaws converted South of the Bulge the Third Army inten- But the real danger was just northeast of the ploughed ground to a quagmire. General sified its attacks northward to meet the Strasbourg. There, the XIV SS Corps had de Lattre’s French First Army would write First Army. Still counting on Middleton’s punched out a 10-miles bridgehead around finis to the Germans in the Colmar Pocket, VIII Corps to break through, Patton sent the town of Gambsheim, brushing off small but it would be a truly Allied attack. Millikin’s III Corps northeastward, hoping to counterattacks from Task Force Linden. To draw the German reserves southward, enter the roadnet and follow the terrain cor- Patch’s Seventh Army, reinforced with the plans called for four divisions from the ridors to link up with Ridgway’s XVIII Air- newly arrived 12th Armored Division, tried French I Corps to start the assault. This ini- borne Corps attacking St. Vith. Despite hav- to drive the Germans from the Gambsheim tial foray would set the stage for the French ing less than fifty-five tanks operational, the area, a region laced with canals, streams, II Corps to launch the main effort in the I SS Panzer Corps counterattacked the III and lesser watercourses. To the south de north. The defending Nineteenth Army’s Corps’ 6th Armored Division in ferocious Lattre’s 3d Algerian Division defended eight divisions were low on equipment but tank fights unseen since the fall campaign in Strasbourg, while the rest of the French well provided with artillery munitions, small Lorraine. While the III Corps’ 90th Division First Army kept the Colmar Pocket tightly arms, and mines, and fleshed out with what- infantrymen broke through to the heights ringed. But the fate of Strasbourg and the ever manpower and materiel that Himmler, overlooking the Wiltz valley, the VIII Corps northern Alsace hinged on the ability of the the overall commander, could scrounge from to the west struggled against a determined American VI Corps to secure its besieged the German interior. Bad weather, compart- force fighting a textbook withdrawal. By 15 flanks. mentalized terrain, and fear of Himmler’s SS January Noville, the scene of the original Having driven several wedges into the Sev- secret police strengthened the German de- northern point of the Bastogne perimeter, enth Army, the Germans launched another fense. was retaken. Five miles from Houffalize, re- attack on 7 January. The German XXXIX On 20 January, in the south, Lt. Gen. sistance disappeared. Ordered to escape, the Panzer Corps, with the 21st Panzer and the Emile Bethouart’s French I Corps began its remaining Germans withdrew, and on the 25th Panzergrenadier Divisions, attacked the attack in a driving snowstorm. Although its sixteenth the Third Army’s 11th Armored Di- greatly weakened VI Corps center between gains were limited by armored-infantry vision linked up with the First Army’s 2d Ar- the Vosges and Lauterbourg. Quickly gain- counterattacks, the corps drew the Nine- mored Division at Houffalize. ing ground to the edge of the Haguenau For- teenth Army’s armor southward, along with The next day, 17 January, control of the est 20 miles north of Strasbourg, the German the arriving 2d Mountain Division. Two days First Army reverted to Bradley’s 12th Army offensive rolled along the same routes used later, in the north, Maj. Gen. Amie de H9326 CONGRESSIONAL RECORD — HOUSE October 5, 1999 Goislard de Monsabert’s French II Corps no less an Allied victory. Hitler spent his 26th Infantry Division, 28th Infantry Divi- commenced its attack, led by the U.S. 3d Di- last reserves in Alsace—and with them the sion, 30th Infantry Division, 35th Infantry vision. Reinforced by one of the 63d Infantry ability to regain the initiative anywhere. Division, 36th Infantry Division, 42d Infantry Division’s regiments, the 3d advanced over Like the Normandy Campaign, the Ardennes- Division, 44th Infantry Division, 45th Infan- the first of several watercourses and cleared Alsace struggle provided the necessary attri- try Division, 63d Infantry Division,* 70th In- the Colmar Forest. It met resistance on the tion for the mobile operations that would fantry Division, 75th Infantry Division, 76th Ill River but continued to fight its way for- end the war. The carefully husbanded enemy Infantry Division, 78th Infantry Division, ward through enemy counterattacks, subse- reserves that the Allies expected to meet in 79th Infantry Division, 80th Infantry Divi- quently crossing the Colmar Canal and open- their final offensive into Germany had been sion, 83d Infantry Division, 84th Infantry Di- ing an avenue for the French 5th Armored destroyed in December and January. vision, 87th Infantry Division, 90th Infantry Division. The Allies pushed further eastward Some thirty-two U.S. divisions fought in Division, 94th Infantry Division, 95th Infan- in deepening snow and worsening weather, the Ardennes, where the daily battle try Division, 99th Infantry Division, 100th In- with the 28th and 75th Divisions from the strength of U.S. Army forces averaged twen- fantry Division, 103d Infantry Division, 106th Ardennes following. On the twenty-fifth Maj. ty-six divisions and 610,000 men. Alsace Infantry Division. Gen. Frank W. Milburn’s XXI Corps joined added eleven more divisions to the honors 2d Armored Division, 3d Armored Division, the line. Assuming control of the 3d, 28th, list, with an average battle strength of 4th Armored Division, 5th Armored Division, and 75th Divisions, the 12th Armored Divi- 230,000. Additionally, separate divisional ele- 6th Armored Division, 7th Armored Division, sion, which was shifted from reserves, and ments as well as divisions arriving in sector 8th Armored Division, 9th Armored Division, the French 5th Armored Division, the corps at the end of the campaign granted partici- 10th Armored Division, 11th Armored Divi- launched the final thrust to the Vauban pation credit to three more divisions. But sion, Armored Division, 12th Armored Divi- Canal and Rhone-Rhine Canal bridges at the cost of victory was staggering. The final sion, 14th Armored Division. Neuf-Brisach. Although the campaign was of- tally for the Ardennes alone totaled 41.315 17th Airborne Division, 82d Airborne Divi- sion, 101st Airborne Division. ficially over on 25 January, the American casualties in December to bring the offensive and French troops did not completely clear to a halt and an additional 39,672 casualties ARDENNES-ALSACE 1944–1945 the Colmar Pocket until 9 February. How- in January to retake lost ground. The Further Readings ever, its successful reduction marked the end SHAFE casualty estimate presented to Ei- A number of official histories provide care- of both the German presence on French ter- senhower in February 1945 listed casualties fully documented accounts of operations dur- ritory and the Nineteenth Army. And with for the First Army at 39,957; for the Third ing the Ardennes-Alsace Campaign. U.S. the fighting finally concluded in the Army at 35,525; and for the British 30 Corps, Army operations are covered in Hugh M. Ardennes and Alsace, the Allies now readied which helped at the end, at 1,408. Defeating Cole, The Ardennes: Battle of the Bulge their forces for the final offensive into Ger- Hitler’s final offensive in the Alsace was also (1965); Charles B. MacDonald, The Last Of- many. costly; the Seventh Army recorded its Janu- fensive (1973); and Jeffrey J. Clarke and Rob- ANALYSIS ary battle losses at 11,609. Sickness and cold ert Ross Smith, Riviera to the Rhine (1991), three volumes in the United States Army in Hitler’s last offensives—in December 1944 weather also ravaged the fighting lines, with the First, Third, and Seventh Armies having World War II series. Air operations are de- in the Ardennes region of Belgium and Lux- tailed in Wesley F. Craven and James L. embourg, and in January 1945 in the Alsace cold injury hospital admissions of more than 17,000 during the entire campaign. No official Cate, eds., Europe: Argument to V–E Day, region of France—marked the beginning of January 1944 to May 1945 (1951), the third vol- the end for the Third Reich. With these final German losses for the Ardennes have been computed, but they have been estimated at ume in the Army Air Forces in World War II attacks, Hitler had hoped to destroy a large series, and the British perspective and oper- portion of the Allied ground force and to between 81,000 and 103,000. A recently pub- lished German scholarly source gave the fol- ations are covered in L. F. Ellis, Victory in break up the Allied coalition. Neither objec- the West: the Defeat of Germany (1968). tive came close to being achieved. Although lowing German casualty totals: Ardennes— 67,200; Alsace (not including Colmar Pock- Among the large number of books that de- perhaps the Allies’ victory in the spring of scribe the fighting in the Ardennes are Ger- 1945 was inevitable, no doubt exists that the et)—22,932. Most of the figures cited do not differentiate between permanent losses ald Astor, A Blood-Dimmed Tide (1992), John costs incurred by the Germans in manpower, S. D. Eisenhower, The Bitter Woods (1969), (killed and missing), wounded, and non-bat- equipment, supplies, and morale during the Charles B. MacDonald, A Time for Trumpets tle casualties. Ardennes-Alsace battles were instrumental (1985), S. L. A. Marshall, The Eight Days of Analysts of coalition warfare and Allied in bringing about a more rapid end to the Bastogne (1946), Jean Paul Pallud, Battle of generalship may find much to criticize in the war in Europe. Eisenhower had always be- the Bulge Then and Now (1984), Danny S. Ardennes-Alsace Campaign. Often common- lieved that the German Army on the Western Parker, Battle of the Bulge (1991), and Rob- place disputes over command and strategy Front had to be destroyed west of the Rhine ert F. Phillips, To Save Bastogne (1983). At were encouraged and overblown by news- River to make a final offensive into Ger- the small-unit level Charles MacDonald’s paper coverage, which reflected national bi- many possible. When added to the tremen- Company Commander (1947) is still the ases. Predictably, Montgomery inspired dous contributions of the Soviet Army, standard classic. Fighting in the Alsace re- much American ire both in revisiting com- which had been fighting the majority of Ger- gion has been sparsely covered, but Keith E. mand and strategy issues, which had been many’s armed forces since 1941, the Bonn’s When the Odds Were Even (1994) is debated since Normandy, and in pursuing Ardennes-Alsace victory set the stage for valuable. methodical defensive-offensive tactics. Germany’s rapid collapse. Mr. EVANS. Mr. Speaker, I yield 3 With little hope of staving off defeat, Ger- Devers and de Lattre, too, strained coalition amity during their successful retention of minutes to the gentleman from Mis- many gambled everything on achieving a sissippi (Mr. Shows). surprise operational decision on the Western liberated French terrain. But in both cases the Allied command structure weathered the Mr. SHOWS. Mr. Speaker, today I Front. In contrast, the Allied coalition pur- rise to address my colleagues and the sued a more conservative strategy. Since the storm, and Eisenhower retained a unified Normandy invasion Eisenhower’s armies had command. Preservation of a unit Allied com- American people about a moment in neither the combat power necessary to mand was perhaps his greatest achievement. American history that stands out in mount decisive operations in more than one In the enemy camp the differences between my family as one of the most crucial sector nor the reserves; more importantly, Hilter and his generals over the objectives of there ever was. It is one of those mo- their logistical capability was insufficient to the Ardennes offensive were marked, while ments in our history where the larger the uncoordinated efforts of Obstfelder’s fully exploit any major successes. The re- story of the American experience be- sulting broadfront Allied advance steadily First Army and Himmler’s Army Group Oberrhein for the Alsace offensive were comes intertwined with the personal wore away the German defenses; but, as in legacy of an American family. the case of the Ardennes and Alsace fronts, appaling. The Ardennes-Alsace battlefield proved to The Battle of the Bulge began on De- the Allied lines had many weak points that be no general’s playground, but rather a cember 16, 1944, and ended on January could be exploited by a desperate opponent. place where firepower and bravery meant Moreover, once Hitler’s attacking legions 25, 1945. This enemy offensive was more than plans or brilliant maneuver. Al- had been stopped, the Allies lacked the com- staged to split our forces in half and lied and German generals both consistently bat power to overwhelm the German divi- cripple our supply lines. Of course came up short in bringing their plans to sat- sions defending their recently acquiring there were 600,000 American troops par- isfactory fruition. That American soldiers gains. In the Ardennes, terrain and wors- ticipating in the Battle of the Bulge, as fought and won some of the most critical ening weather aided the Germans in holding battles of World War II in the Ardennes and we have heard awhile ago. 810,000 off Allied counterattacks for an entire the Alsace is now an indisputable fact. Americans were casualties, of whom month, ultimately allowing them to with- U.S. DIVISIONS IN THE ARDENNES-ALSACE 19,000 were killed; 33,400 were wounded; draw a sizable portion of their initial assault and there were 2,000 who were either force with perhaps one-third of their com- CAMPAIGN mitted armor. 1st Infantry Division, 2d Infantry Division, captured or listed as missing. The battle in the Alsace appeared to be 3d Infantry Division, 4th Infantry Division, less dramatic than in the Ardennes, but was 5th Infantry Division, 9th Infantry Division, *Elements only October 5, 1999 CONGRESSIONAL RECORD — HOUSE H9327 One of these 2,000, I want to talk Mr. SMITH of New Jersey. Mr. do so now in honor of all of those who about this morning. My father, Clifford Speaker, just to point out during have served, to remind this Congress Shows, was one of those captured as a markup, and this was extraordinary, at that the grave sacrifices they made to prisoner of war. Today in Mosselle, least four Members came forward to win the war, we may be losing the Mississippi, my father is a veteran. He speak as the gentleman from Texas peace. stands tall when the national anthem just pointed out, his father-in-law, the Last week, they celebrated 50 years is played, enjoys his family and neigh- gentleman from Mississippi, his dad, of communism in China, parades, bors, and lives out a most American and so many others. Few battles have tanks, missiles, floats, parties. What life. It is hard for me to talk about it. touched more people than the Battle of bothers me is with a $70 billion trade We must remember the actions of my the Bulge. The gentleman from Arizo- surplus they enjoy from Uncle Sam, father and the thousands of others who na’s uncle also fought. He is a combat they paid for that parade last week fought then that we might be free now. veteran himself, but his uncle fought with our cash. Ronald Reagan’s great This year is the 55th anniversary of the at the Battle of the Bulge, was there. fight was to make sure that com- Battle of the Bulge. Let us pause, let And Joe McNulty, one of our key munism did not spread, and, by God, I us remember, and let us be thankful. staffers on the majority side, he just am not so sure we are living up to the Please support H.J. Res. 65. came up and whispered to me that his great task and challenge and the exam- Mr. EVANS. Mr. Speaker, I yield 3 father got the purple heart, was wound- ple set by those who fought in the Bat- minutes to the gentleman from Texas ed in both legs. There are few battles tle of the Bulge; I am not so sure we (Mr. REYES). that have touched more people and few are passively turning our back and tak- Mr. REYES. Mr. Speaker, I thank the battles that have done more to save ing for granted our great freedoms that gentleman for yielding me this time. freedom and liberty than the Battle of they protected. I think we better look Mr. Speaker, I rise in support of H.J. the Bulge. It is amazing how many peo- at it. They won the war. Let us not lose Res. 65 which commends our World War ple in this Chamber have relatives and the peace. I am proud to support this II veterans who fought in the Battle of close relatives and perhaps themselves resolution. I commend the authors. the Bulge. This is a great bill because actually fought in that very, very fa- Mr. GILMAN. Mr. Speaker, I rise today in it honors the determination and the mous battle. strong support of H.J. Res. 65, a resolution courage of these veterans in stopping Mr. EVANS. Mr. Speaker, I yield 2 commending our veterans of the Battle of the the last great Nazi counteroffensive of minutes to the gentleman from Wis- Bulge. I urge my colleagues to join in sup- World War II. consin (Mr. BARRETT). porting this worthwhile measure. History tells us that the fighting in Mr. BARRETT of Wisconsin. Mr. This year marks the 55th anniversary of the Belgium sealed the victory for the al- Speaker, I thank the gentleman from German Ardennes offensive of December lies in Europe. Without this victory, Illinois (Mr. EVANS) for yielding me 1944, more commonly known as the Battle of many additional months of fighting this time. I rise in support of House the Bulge. In the weeks leading up to the would have been necessary before Nazi Joint Resolution 65. I want to pay spe- Christmas of 1944, it appeared to the Western Germany’s surrender. Our troops over- cial tribute to a man who was killed in Allies that victory over the German army was came superior numbers of Nazi troops that fight, Bob Kuehn of Rhinelander, near at hand. Many thought that one final and harsh weather to repel and turn Wisconsin. Bob Kuehn was raised in push was all that was needed to force a total back this last great offensive of World Rhinelander, Wisconsin. After grad- collapse of German resistance on the Western War II. uating from high school, he attended front. Victory, however, came at a terrible St. Norbert College in De Pere, Wis- What the Allied commanders were not price, with about 81,000 American cas- consin, where he was a member of the aware of was the fact that the German dictator ualties, 19,000 of which were killed. ROTC program. He graduated in June was planning one final, desperate offensive Each and every veteran of the Battle of of 1944 and later that month was mar- through the Ardennes Forest, in the hopes of the Bulge witnessed the horrors of war. ried to Gertrude Kuehn of Sturgeon splitting the Allied lines. One of those was my own father-in-law, Bay. The German attack came as a total sur- Victor Gaytan, who today is a disabled They traveled to Camp Fannin in prise, and achieved initial success. Poor veteran who lives with the wounds he Tyler, Texas; but he was called into weather prevented Allied air superiority from suffered defending our freedom against Patton’s Third Army, and he was killed being brought to bear, and the German Pan- that threat in Belgium that winter. December 17, 1944, leaving a 23-year-old zers took full advantage of the respite. Yet, in Today, my wife and I are honored to widow back in Wisconsin. That widow the end, their offensive failed. have him live with us. Yes, at 79 he was my mother. Fortunately, my The offensive failed because American sol- walks a little slower, moves at times mother was able to move on and at- diers shook off their initial shock and fought hesitantly and with great pain; but tended school at the University of Wis- with a stubborn tenacity to prevent a German when you look into his eyes, there is consin where she met my father, who breakthrough. The Allied lines gave way, no doubt about his role in saving our also fought in World War II and earned hence the ``Bulge'' description, but refused to country and our way of life. He is a the Distinguished Flying Cross for his break. After several days, the weather cleared, hero to us and was one of those great service. and the overwhelming Allied advantage in tac- Americans that courageously turned My father, of course, was fortunate tical air power was finally brought to bear in a back the last desperate attempt of the to meet my mother, and my two sisters concentrated counterattack. Nazis to stop Allied momentum toward and I are fortunate enough to have The resolution honors those courageous Germany. them as parents. But Bob Kuehn has veterans who fought in the Battle of the Bulge, Mr. Speaker, I believe that we can never been forgotten. I pay tribute to resulting in a tenacious defense, under hor- never sufficiently express our gratitude him and the thousands of other Ameri- rible conditions, against an enemy with supe- to these veterans, America’s greatest cans who gave their lives to protect rior armored forces. Their success in halting generation. But this legislation is a our freedoms. the German Ardennes offensive preserved the proper and fitting way to honor them Mr. EVANS. Mr. Speaker, I yield 3 Allied lines, and helped to maintain the offen- and their service to their country. minutes to the gentleman from Ohio sive pressure on Germany. With this legislation, we honor these (Mr. TRAFICANT). The efforts of our veterans in the Battle of American soldiers and we ensure that Mr. TRAFICANT. Mr. Speaker, it is the Bulge, like those of all Americans who future generations of Americans re- fitting that we pay tribute to those fought against tyranny in World War II, de- member the price of freedom in Europe who gave of their lives and served at serve our recognition and respect. Accord- and around the world during World War the Battle of the Bulge and to every ingly, I urge my colleagues to join in sup- II. I strongly support this legislation soldier, every man and woman who par- porting this measure, which memorializes the and urge the House to unanimously ticipated in the Great War to protect significant contributions of the veterans of the pass this great bill. our freedoms, protect the independence Bulge to the ultimate victory of freedom over Mr. STUMP. Mr. Speaker, I yield 1 of this Nation, and to promote freedom tyranny during the Second World War. minute to the gentleman from New and democracy in the world. I did not Mr. GEJDENSON. Mr. Speaker, I rise in Jersey (Mr. SMITH). plan to speak on this resolution, but I strong support of House Joint Resolution 65 H9328 CONGRESSIONAL RECORD — HOUSE October 5, 1999 which commends United States Veterans for Over 600,000 American troops participated in Whereas Hurricane Floyd continued up the their heroism in the Battle of the Bulge during the Battle of the Bulge, sustaining 81,000 cas- eastern seaboard, causing flooding and tor- World War II. The resolution also reaffirms our ualties. nadoes in Virginia, Maryland, Pennsylvania, I am proud of my many family members and New Jersey, New York, and Connecticut; bonds of friendship with our Allies we stood Whereas Hurricane Floyd is responsible for together with during that noble cause. constituents who served this country in the 66 known deaths, including 48 confirmed dead I commend the bill's sponsor, Mr. SMITH of last world war. In so doing, I especially think in North Carolina alone, as well as 3 in New New Jersey, and the Chairman and Ranking about my cousin John Henry Woodson, Jr., Jersey, 2 in New York, 6 in Pennsylvania, 4 Members of the Veterans' Affairs Committee, who not only fought in World War II but was in Virginia, 2 in Delaware, and 1 in Vermont; Mr. STUMP and Mr. EVANS for their support. I actually left for dead behind enemy lines. He Whereas hundreds of roads along the east- am proud to be a cosponsor of this resolution. was reported as missing in action for almost ern seaboard remain closed as a result of I would like to take this time to pay tribute three weeks, before he found his way back to damage caused by Hurricane Floyd; in particular to two of the 600,000 American the American troops. Although he was fortu- Whereas waters contaminated by millions of gallons of bacteria, raw sewage, and ani- troops who served in the German Ardennes nate to be among those who returned home, mal waste have flowed into homes, busi- offensive, known as the Battle of the Bulge. that terrible experience and others during the nesses, and drinking water supplies due to These two heroes who risked their lives to de- war left an indelible memory and mark on the septic, pipeline, and water treatment system fend our freedom come from my home state of rest of his life. damage caused by the flooding associated Connecticut. John served the Virgin Islands Community with Hurricane Floyd, a situation that poses One is Bob Dwyer of Vernon, Connecticut. exceptionally for many years, first at the De- considerable health risks for individuals and After serving his country in World War II, he partment of Health and later as a public families in affected States; now continues to serve his nation in peace- school science teacher and principal. He is re- Whereas areas in 10 States were declared time by working for the Veterans' Coalition in Federal disaster areas as a result of Hurri- membered by the Virgin Islands through the cane Floyd—Connecticut, Delaware, Florida, Connecticut. Mr. Dwyer plays a central role in Junior High School, on St. Croix, which bears Maryland, New Jersey, New York, North this group which provides crucial services and his name. Carolina, Pennsylvania, South Carolina, and assistance for veterans and advocates on their Today, as we remember those veterans Virginia; behalf. who fought at the Battle of the Bulge for their Whereas individuals registering for Federal Another hero is Gerald Twomey of Norwich, service and sacrifice, I lovingly remember my assistance in States hit by Hurricane Floyd Connecticut. Mr. Twomey served in a World cousin Johnny, and the other Virgin Islanders totalled 68,440 as of September 26, 1999, with War II reconnaissance unit that had already who also served there. 39,265 in North Carolina, 11,121 in New Jer- fought in North Africa, Sicily, and Normandy Mr. EVANS. Mr. Speaker, I have no sey, 4,582 in New York, 3,222 in South Caro- lina, 3,153 in Virginia, 371 in Delaware, 6,479 before he made his way to this momentous further requests for time, and I yield in Pennsylvania, 173 in Connecticut, and 74 battle. In an interview with Bob Hamilton of the back the balance of my time. in Maryland; New London Day last year, Mr. Twomey de- Mr. STUMP. Mr. Speaker, once again Whereas thousands of individuals and fami- scribed his service in Africa and Italy as dif- I would like to thank the gentleman lies have been displaced from their homes ficult but nothing like the organized resistance from Illinois, the ranking member of and are now taking refuge in temporary he and his comrades met in Ardennes. ``That the committee, for all of his assistance housing or shelters; was brutal,'' said Twomey. ``It was very, very on this bill, as well as the gentleman Whereas over $2 million in temporary cold weather, a lot of snow. It was tough. from New Jersey who brought the bill housing grants have been issued in New York and New Jersey and the residential loss esti- They kept bringing over replacements, and to us in the committee. mates are over $80 million in North Carolina they were knocking them off as fast as they Mr. Speaker, I have no further re- alone; and could bring them over . . . It was much worse quests for time, and I yield back the Whereas the nature of this disaster de- than North Africa, much worse.'' balance of my time. serves the immediate attention and support Anyone who has studied the accounts of The SPEAKER pro tempore (Mr. of the Federal Government: Now, therefore, this battle is struck by the resilience and cour- SUNUNU). The question is on the mo- be it age of our troops at the Battle of the Bulge. tion offered by the gentleman from Ar- Resolved, That the House of Their bravery withstood Hitler's last ditch of- Representatives— izona (Mr. STUMP) that the House sus- (1) expresses its deepest sympathies to ev- fensive to prevent the Allies from closing in on pend the rules and pass the joint reso- eryone who suffered as a result of Hurricane Berlin. A passage from the book Citizen Sol- lution, House Joint Resolution 65, as Floyd; and diers by Stephen Ambrose serves as a testa- amended. (2) pledges its support to continue to work ment to the courage of American fighting men The question was taken. on their behalf to restore normalcy to their in recovering from a withering German attack Mr. SMITH of New Jersey. Mr. lives and to renew their spirits by helping and summoning the strength to respond: Speaker, on that I demand the yeas them recover, rebuild, and reconstruct. From the Supreme Commander down to and nays. The SPEAKER pro tempore. Pursu- the lowliest private, men pulled up their The yeas and nays were ordered. ant to the rule, the gentleman from socks and went forth to do their duty. It sim- The SPEAKER pro tempore. Pursu- New Jersey (Mr. FRANKS) and the gen- plifies, but not much, to say that here, there, ant to clause 8 of rule XX and the tleman from Ohio (Mr. TRAFICANT) everywhere, from top to bottom, the men of Chair’s prior announcement, further each will control 20 minutes. the U.S. Army in northwest Europe shook The Chair recognizes the gentleman themselves and made this a defining moment proceedings on this motion will be in their own lives, and the history of the postponed. from New Jersey (Mr. FRANKS). Army. They didn’t like retreating, they f Mr. FRANKS of New Jersey. Mr. didn’t like getting kicked around, and as in- Speaker, I yield myself such time as I dividuals, squads, and companies as well as SENSE OF CONGRESS IN SYM- may consume. at Supreme Headquarters Allied Expedi- PATHY FOR VICTIMS OF HURRI- In communities up and down the tionary Force, they decided they were going CANE FLOYD East Coast, including many in my own to make the enemy pay. Mr. FRANKS of New Jersey. Mr. congressional district, Hurricane Floyd Mr. Speaker, I have nothing more to add ex- Speaker, I move to suspend the rules left a path of unprecedented destruc- cept to once again thank these American he- and agree to the resolution (H. Res. tion, hardship, and tragedy. It has been roes on behalf of my constituents in Con- 322) expressing the sense of the House more than 3 weeks since the storm hit, necticut and citizens across this nation. of Representatives in sympathy for the and still thousands of families are un- Mrs. CHRISTENSEN. Mr. Speaker, I rise victims of Hurricane Floyd, which able to return to their homes. In com- today to join my colleagues in paying tribute to struck numerous communities along munities throughout our area, down- the courageous Americans who fought during the East Coast between September 14 towns have become ghost towns. World War II, especially those who fought at and 17, 1999. Several of the towns I represent have the Battle of the Bulge. The Clerk read as follows: suffered through floods before, but past The Battle of the Bulge, as you and my col- H. RES. 322 storms were nothing in comparison to leagues know, Mr. Speaker, was a major Ger- Whereas on September 16, 1999, Hurricane what happened on the evening of Sep- man offensive in the Ardennes forest region of Floyd deposited up to 18 inches of rain on tember 16. In the small community of Belgium and Luxembourg that was fought sections of North Carolina only days after Bound Brook, New Jersey, flood waters from December 16, 1944 to January 25, 1945. the damaging rains of Hurricane Dennis; as high as 12 feet turned the downtown October 5, 1999 CONGRESSIONAL RECORD — HOUSE H9329 business area and surrounding neigh- FEMA telephone in-take line seeking stroyed. Mr. Speaker, the entire town borhoods into a raging sea of water. assistance as a result of Hurricane has been destroyed. Fish and shellfish Residents had to be rescued by boats Floyd. At the peak of the disaster more losses are countless; and if things could from trees as well as rooftops. Trag- than 48,000 squeezed in make-shift shel- not be worse, there are millions of gal- ically, two people were unable to es- ters. Some 3 weeks after Hurricane lons of raw sewage and animal wastes. cape and died. In the neighboring com- Floyd struck, hundreds in North Caro- Contaminated waters have flowed into munity of Manville, the town literally lina remained in temporary shelters. our water system. Disease-carrying in- became an island. The only way to get Emergency housing is needed. Home re- sects, bugs, and rodent activity is on outside assistance into the flood-rav- pair and replacement is a priority. Es- the rise. aged community was by helicopter. sential property has been lost. Many Mr. Speaker, Hurricane Floyd left in In the days following the flooding, I are out of jobs. Despair and hopeless- its wake the worst flooding in the his- toured the hardest hit communities ness is setting in. tory of the State of North Carolina. and talked to the homeowners and Imagine, if you will, Mr. Speaker, Yet despite all the misery, there are businesses who had lost their life sav- doing without the necessities all of us bright spots. Many of the schools that ings in a sudden surge of floodwater. take for granted. Imagine fighting for a were closed, opened yesterday. Thou- We all need, Mr. Speaker, to extend a cot to sleep on in a strange shelter at sands of students who had not been in heartfelt thanks to the Red Cross, the night. Imagine waking in the morning school since September 15 were able to rescue squads, the police departments, without lights or running water, stand- return. Help has come from thousands, the fire departments, the National ing in line for food, clothing and drink- and I recognized some of them during Guard, and the tens of thousands who ing water. Imagine being lost in a tun- my last night’s special order. volunteered their time to come to the nel with no end in sight. More than The sun is rising, the rivers are crest- aid of their neighbors in need. anything, the victims of Hurricane ing, and the water is receding. The dev- In the midst of all the destruction, Floyd now need hope. astation of Hurricane Floyd will one the flood victims found comfort in the Imagine, Mr. Speaker, life as you day become history. It will become a compassion and generosity of strangers have known it being swept away by mere memory in the minds of those who held their hands, gave them a rapid and rushing waters, unprece- who are suffering now through it. Pos- blanket or dry clothes to wear, cooked dented, unanticipated, and unforgiving. sessions will once again be collected. them a hot meal and gave them a roof When Hurricane Floyd hit North Caro- North Carolina will rebuild, restore, over their heads. The road to recovery lina, towns became rivers, and rivers and recover; but it is imperative that will be a long one for many of the became towns. Infrastructures built more help is provided by our Federal flood’s victims. Some may never be over lifetimes was destroyed. Losses Government. able to return to their homes. Others that currently reach into the millions This resolution, Mr. Speaker, offers will have to wait for months before ex- of dollars have been documented, and hope, and for that help I urge its adop- tensive repairs are made. the numbers are growing. tion. Today, we in Congress can do more More than 650 roads were impassable Mr. FRANKS of New Jersey. Mr. than just express our deepest sym- due to the flooding, and at least 10 Speaker, I yield 2 minutes to the gen- pathies to the victims of Hurricane bridges are severely damaged, and tleman from North Carolina (Mr. Floyd. We can pledge to do everything many more are structurally damaged. HAYES). in our power to help them get back on At the height of the flooding, Inter- Mr. HAYES. Mr. Speaker, I thank their feet, rebuild and recover from state 95, the roadway to Disneyland, the gentleman from New Jersey for their losses and restore their faith in was shut down. At least 600 pipelines bringing this resolution to the floor, the future. were damaged. Electricity losses are thank the gentlewoman from North Later this week, I will be joining nearly $100 million and growing. Mil- Carolina for her commitment and en- with colleagues from across the East lions in revenue has been lost. 1.2 mil- ergy in providing much needed help, Coast in calling for the expansion of lion persons lost power due to the and to all our delegation and Members the current disaster aid program to ad- storm. Drinking water and wastewater up and down the East Coast who are af- dress one significant unmet need. Our treatment systems sustained untold fected, I am here today to speak on be- legislation would extend disaster aid damage. Bacteria, nitrates and other half of the many victims of Hurricane grants to small businesses as well as to pollutants have contaminated many Floyd in North Carolina and also tor- homeowners. Without this modest level wells. Septic tanks are nonfunctional nado victims in Stanley and Anson of assistance, the heart of our commu- and due to the high water table will County who are looking to us for help. nities, our small businesses, may never not be functional for some time. As a member of the North Carolina reopen. Agricultural losses compounding pre- delegation, I am going to work hard to b 1115 vious losses from the drought and eco- make sure their needs are met, but I We cannot allow Floyd or any other nomic downturns and other natural ca- want to point out, Mr. Speaker, that natural disaster to decimate a vitally lamities have reached close to $1.5 bil- one way we can assist the many people important part of the United States, lion, and the number is growing. who are in distress in North Carolina is our small businesses. Small-farm life is seriously threatened to not use the Federal Government to Mr. Speaker, I hope our colleagues in North Carolina. We have millions of wipe out their local economy. will join us in supporting this effort to dollars in forestry losses, unknown Mr. Speaker, the President went to help businesses, families, and commu- losses to homes of thousands, unknown eastern North Carolina recently and nities fully recover from the devasta- losses of jobs because thousands of told farmers that he feels their pain, tion of Hurricane Floyd. businesses were flooded, many ruined, and he pledged his support in the wake Mr. Speaker, I reserve the balance of and thousands have lost income en- of this disaster. However, as soon as he my time. tirely. returned to Washington, we learned Mr. TRAFICANT. Mr. Speaker, I Thirty-one North Carolina counties that he had instructed the Justice De- yield such time as she may consume to were declared disasters in the wake of partment to do its best to wipe them the gentlewoman from North Carolina Hurricane Floyd. Fourteen of my 20 all out with a Federal lawsuit. Mr. (Mrs. CLAYTON). counties suffered severe flooding. Speaker, the ultimate loser in this Mrs. CLAYTON. Mr. Speaker, I Small towns, unincorporated munici- process will be the tobacco farmers, thank the gentleman from Ohio for palities, medium-sized cities like Pine- their families, workers and manufac- yielding this time to me, and I thank tops, Trenton, Dodge Place, Kinston, turing facilities and others who work the gentleman from New Jersey (Mr. Tarboro, Rocky Mount, Wilson, Green- long, hard days to put food on the table FRANKS) for cosponsoring this and pro- ville were substantially flooded. In and provide for their families. The fact viding the leadership for this par- Princeville, a town founded at the end that the administration has chosen to ticular bill. of the Civil War by newly freed slaves, launch this action in the wake of a dev- Mr. Speaker, approximately 52,000 every business, every church, nearly astating natural disaster might be North Carolina citizens have called the every home and school has been de- comical were it not so tragic. H9330 CONGRESSIONAL RECORD — HOUSE October 5, 1999 Mr. Speaker, members of the North because Government will do their job; b 1130 Carolina delegation and I have sent a we in the North Carolina delegation I also want to commend New Jersey’s letter and personally contacted the will see that everything possible is volunteers and those professionals, the President asking him to reconsider his done from the government side. But police, fire, first-aid, emergency re- plan and drop this lawsuit against the then we have also got to have the help sponse personnel, phone, gas and elec- very people we are here to express sym- of all the people in this country who tric company workers, local elected of- pathy for today. I hope other Members are willing not only to step up with ficials and all the volunteers who did of this body will join us in this effort dollars, but to step up with volunteer such an outstanding job during the to not penalize victims with an addi- time. Who will come into North Caro- flooding and its aftermath to help their tional Federal lawsuit. lina and help these people have some neighbors. These heroic men and Mr. TRAFICANT. Mr. Speaker, I hope again, have a home in which to women put their lives on the line yield 1 minute to the gentlewoman live? many, many times, and made many, from Indiana (Ms. CARSON). I mean, think about it. One may have many sacrifices to help the people of Ms. CARSON. Mr. Speaker, I thank a home that has been destroyed in this our region. the honorable gentleman from Ohio for flood, and then it has to be condemned But now that the winds and rains yielding me this time; and, Mr. Speak- because of the hog waste and the have subsided from Hurricane Floyd, er, I rise in support of this resolution. human waste and the gasoline and ev- the Federal Government must be there. We, the people of the United States, in erything else. So, one had a mortgage People debate whether there is a role order to form a more perfect union on that home, they had no insurance for government. Well, there surely is a must provide for the general welfare of because maybe they lived in the 500- role for the Federal Government in the the people, the people in the Carolinas year flood plain. They did not think case of a natural disaster no one could who have been devastated. I recognize they needed insurance. And all of a have predicted. And in New Jersey, the pain of the people who live there, sudden here they are, no home, no in- where we are the second lowest in who are affected by it on television. I surance, a mortgage to pay, nowhere to terms of returning dollars from Wash- saw where the waters had washed up go, maybe no job. ington, we send our tax dollars to the graves, and caskets were floating So I implore all the people across Washington and we are the 49th State, down the rivers, and saw where the America, please come help us as a vol- almost the lowest ranking, to get hogs were on top of roofs trying to pre- unteer in North Carolina to give these money back from Washington. serve what little life there was among people hope and to rebuild. This is now when we need Congress’ the cattle. Mr. TRAFICANT. Mr. Speaker, I help. This is now when we need some of America is busy doing things around yield 21⁄2 minutes to the distinguished our Federal dollars back to us in New the world. America needs to focus her gentleman from New Jersey (Mr. ROTH- Jersey. I urge all my colleagues to sup- attention on North Carolina and swift- MAN). port those efforts and to support House ly and surely, that the people in the (Mr. ROTHMAN asked and was given Resolution 322. Carolinas who have been affected so in permission to revise and extend his re- Mr. FRANKS of New Jersey. Mr. such a devastating way by Hurricane marks.) Speaker, I yield 21⁄2 minutes to the gen- Floyd get the kind of help and relief Mr. ROTHMAN. Mr. Speaker, I thank tleman from New Jersey (Mr. SMITH). that they need expeditiously. I am will- the gentleman from Ohio for yielding Mr. SMITH of New Jersey. Mr. ing to help; I know that most Members this time to me. I want to thank my Speaker, I thank my good friend for of Congress are willing to help. They colleague from New Jersey (Mr. yielding me time, and I congratulate need shelter, and I think that the appa- FRANKS) for his leadership on this him on offering this important resolu- ratus we have in place like FEMA and issue, and I urge all my colleagues to tion. all of these other disaster agencies that support House Resolution 322. Mr. Speaker, as we all know, on Sep- are in existence at this time in this Over the past several weeks the peo- tember 16, Hurricane Floyd took an un- country need to focus its full attention ple of northern New Jersey have expected turn after ravaging North on North Carolina and ensure that re- learned what many victims of disaster Carolina and Virginia and crashed into lief is posthaste on behalf of those have already learned, that rebuilding central and northern New Jersey. The American citizens that we are here to lives can be a long and painful process State’s capital county, Mercer County, represent. and that the Federal Government along with eight others, were declared Mr. FRANKS of New Jersey. Mr. needs to be there to help them in their major disaster areas, and, as my col- Speaker, I yield 11⁄2 minutes to the gen- time of need. leagues know, such a declaration does tlewoman from North Carolina (Mrs. My heart goes out to the people of trigger the release of Federal expertise MYRICK). my district and to North Carolina and and funds to help people recover from Mrs. MYRICK. Mr. Speaker, I thank around the country who have suffered Hurricane Floyd. the gentleman from New Jersey for so grievously given this natural dis- To date, over 12,000 New Jersey resi- yielding me time; and, being from aster. From the Hackensack to the dents have applied for assistance North Carolina, I of course am very Saddle Brook to the Pasaic, the rains through FEMA. In the short term, we much aware of the need there, but I that spilled the waters of New Jersey’s are looking for immediate relief for think everybody in this country has rivers onto our communities caused those who have been devastated, with seen the horrible devastation that has tremendous damage, heartache, and loans and small grants; and, in the long taken place. loss. Memories that were encased in term, we will be requesting FEMA’s As my colleagues know, we have so family heirlooms and photographs and help for extensive mitigation projects far done a good job relative to the dis- other priceless possessions were lost. In to protect family and businesses in aster-relief part of this effort. The Fed- addition to the hundreds of thousands flood-prone areas such as in the City of eral Government has stepped in; of dollars, millions of dollars in com- Trenton and the Township of Ham- FEMA, they have done a good job; the munities that were lost when the rains ilton. State government has done a magnifi- swept away literally a lifetime of sav- I would just point out for the record, cent job in meeting the immediate ings and investment. Mr. Speaker, that as a result of that needs of the people. But now we move For the people of my district the ef- hurricane, in the City of Trenton into a separate phase in this recovery fects of this disaster will continue to alone, 40 homes were completely dev- effort. be felt for weeks, months, and years to astated and 25 businesses completely Recovery is different than the imme- come. I have been encouraged by the flooded; and each of those people are diate relief because we are talking long quick response of FEMA, the Federal looking for some help and some assist- term. People have got to have a place Emergency Management Agency. With- ance. to live. They need their homes rebuilt. in hours teams arrived in New Jersey When disaster strikes, as we all They need their jobs again. And all of to start the difficult process of assess- know, the U.S. Small Business Admin- this is going to take place with the ing the full extent of the damage and istration acts as the Federal Govern- help of a lot of people across America providing assistance. ment’s disaster bank. The SBA has October 5, 1999 CONGRESSIONAL RECORD — HOUSE H9331 three types of low interest loans. Ap- After all, what are we here for? This Mr. ETHERIDGE. Mr. Speaker, I proximately 3.6 percent is the rate, for is the People’s House. Our first duty is want to thank the chairman and rank- 30 years, available to qualified home- to help the people of this country. If ing member for bringing this resolu- owners and non-farm businesses of all during this time of crisis, we cannot tion to the floor, and the gentlewoman sizes. These loans include homeowner reach out to our countrymen and from North Carolina (Mrs. CLAYTON) loans up to $200,000 to cover residential women, our children, our senior citi- and the other members of our delega- losses not fully compensated by insur- zens, we do not have a future. Many of tion for working on it. ance. them do not even have today, if we do This expression of sympathy for the Homeowners and renters may also not unite together, reach across the victims of this storm is an important borrow up to $40,000 to repair/replace aisle, not only in our expression of symbol that expresses collectively personal property such as clothing, sympathy, but our expression of desire many of our personal thoughts and property, and cars; nonfarm businesses to help. That is our duty. That is our prayers. And so many have shown gen- of any size and nonprofit organizations calling as the people who have been uine sympathy towards those injured may apply for up to $1.5 million to re- elected here to serve the people in this and killed by the most destructive nat- pair or to replace assets like inventory Nation. ural disaster to ever hit my home or machinery or equipment damaged Mr. Speaker, I ask that every one of State of North Carolina. by the disaster; and small businesses our colleagues join us in expressing our Let me say from the outset, I am that suffer economic losses may apply deepest sympathy to those individuals aware and sympathetic to those af- for SBA’s economic injury disaster and families who have lost loved ones fected by the hurricane beyond the bor- loans. and lost property. I want to thank all ders of North Carolina. My thoughts Mr. Speaker, beyond the individual my colleagues on both sides of the aisle and prayers are also with you. But, SBA loans, FEMA has a Hazard Mitiga- for standing together as we reach those folks, I have seen the suffering in my tion Program to fund construction who need help at life’s most desperate home State firsthand, and the word projects to protect either public or pri- hour. ‘‘devastating’’ just does not do it jus- vate property; and we will be pursuing Mr. FRANKS of New Jersey. Mr. tice. that very aggressively as well. Speaker, I yield 2 minutes to the gen- It is devastating when you lose your Mr. Speaker, I just want to make one tlewoman from New York (Mrs. job. Those people in many cases have final point. When FEMA arrives on the KELLY). lost everything they own, everything scene, sometimes people feel that the Mrs. KELLY. Mr. Speaker, I rise they ever knew. They have lost more cavalry has arrived and everything is today in strong support of the resolu- than their jobs. They have lost their going to be made whole. But FEMA is tion offered by my colleague from New possessions, their homes, their cloth- not a panacea. It provides a bridge, Jersey. Throughout our history, Amer- ing, those sentimental items that we helps people get back on their feet, but icans have always distinguished them- rarely think about until they are gone, the devastating losses that our friends selves and our Nation through their wedding photographs, military awards, throughout the country on the East ability to persevere through trying a child’s first report card, love letters, Coast especially have experienced will times. This ability must be attributed and, for at least 48 families, a loved not be fully compensated for, but we in large measure to the faith that we one. So much lost, washed away in the have to do the maximum effort to have always had in our neighbors, in flooding not seen in our State in all of make sure they are back on their feet our fellow citizens, to help in times of recorded history. and their families are protected for the need. The efforts of assistance, not In some places entire towns, roads, future through mitigation efforts. infrastructure, schools, businesses will Mr. TRAFICANT. Mr. Speaker, I only by those in government but also yield 2 minutes to the distinguished by those who simply cared, to the vic- have to be rebuilt from scratch. Farm- gentleman from North Carolina (Mr. tims of Hurricane Floyd certainly ers have lost their crops and have suf- fered great to their barns, their homes MCINTYRE.) stands in validation of this faith. (Mr. MCINTYRE asked and was given Having worked very closely with rep- and their equipment. These farmers permission to revise and extend his re- resentatives of FEMA in New York were already toiling under the worst marks.) State, New York State’s Emergency economic disaster prior to this flood- Mr. MCINTYRE. Mr. Speaker, I want Management Office and its extraor- ing, and now they have been slammed to thank the gentlewoman from North dinary Director, Edward Jacoby, the by a storm. Carolina (Mrs. CLAYTON) and my other Small Business Administration, and The people who barely escaped the North Carolina colleagues on both many of the fire departments, town su- rushing floodwaters with their clothes sides of the aisle for bringing this reso- pervisors and sheriff and police depart- on their back hailed from some of the lution to the floor. The flooding with ments as we tried to clean up and un- poorest areas in the entire country. Hurricanes Dennis and Floyd is unprec- derstand the enormous devastation Some have said this storm will set edented in the history of North Caro- that hit my district, I know firsthand back some parts of eastern North Caro- lina. This disaster met or exceeded the their selfless devotion and caring work lina as much as 50 years. 500-year floodplain for many commu- to help people whose lives have been di- No, ‘‘devastating’’ does not do this nities, and 500 years is before settlers minished by the fury of this hurricane. storm justice. Hurricane Floyd has had even arrived here in our country. Though lives have been lost and com- been a catastrophe of the highest While the economic losses have been munities damaged and disrupted, the order. enormous, it cannot touch upon the effort to recover and rebuild has gen- But, folks, in every storm there is a loss of life that so many fellow Tar erated a sense in many that better silver lining. If this storm has proven Heels have suffered. Hurricane Floyd days will lie ahead. anything, it has proven the determina- resulted in 48 confirmed fatalities, and So we rise today to reaffirm our fel- tion, the resolve and the indomitable this figure could still rise as search and lowship to those affected by Hurricane spirit of the people of North Carolina. rescue teams continue to reach iso- Floyd. This House extends to these vic- Our people come by the name ‘‘Tar lated communities and flooded homes, tims our sympathy and our continued Heels’’ honestly, because they stand in cars, and businesses. commitment to assisting them as they the face of adversity, and today they Henry Wadsworth Longfellow once work to rebuild their lives and their are facing this adversity, but we need said that noble souls, through dust and communities. the help of this Congress and the peo- heat, rise from disaster and defeat, the Mr. TRAFICANT. Mr. Speaker, I ple of America. stronger. yield 2 minutes to the distinguished If something knocks us down, we get right Indeed, nature’s actions have tested gentleman from North Carolina (Mr. back up to fight another day. And that's what our patience, our souls, our will, but ETHERIDGE). is happening all over North Carolina. People we should not break our resolve to re- (Mr. ETHERIDGE asked and was are pulling themselves up by the bootstraps cover from this horrific event. We will given permission to revise and extend and putting their lives back together. Neigh- be stronger, now, more than ever, if we his remarks and include extraneous bors are helping neighbors. People all over work with the sense of community. material.) North Carolina and around the country are H9332 CONGRESSIONAL RECORD — HOUSE October 5, 1999 making donations, sending food and supplies again, they are doing their very best to know, I have over 100 miles of coastline and providing their letters and prayers of sup- help the American taxpayer and the in my Florida district. This makes us port. citizens of eastern North Carolina, as very susceptible to hurricanes like I personally have felt great sadness at the well as Virginia and New Jersey. Floyd. suffering that has since Hurricane Floyd I do want to say, Mr. Speaker, that I never thought I would say that we wreaked havoc on my state. However, I have when farmers and business owners and were lucky to have category 1 hurri- also been inspired by the determination our individuals have lost everything, then, cane force winds, but we were. How- people have shown as they struggle to sur- as I said earlier today in a morning ever, Hurricane Floyd did cause sub- vive. I have never been more proud to be a speech, I think sometimes that we need stantial damage to the coast of Flor- North Carolinian than I am today. Rep- to reconsider foreign aid. We need to ida, enough to warrant a presidential resenting the hard-working, God-fearing and reconsider, that the American tax- disaster declaration. My thoughts and Floyd-surviving people of my district in Con- payer, the American that has been prayers are with all of those who are gress is one of the greatest honors of my life. hurt, should come first. now struggling with rebuilding their The people of North Carolina will survive, as In closing, I know that this Congress homes and businesses. I am confident, will all those that have been affected by this will do everything within its power to however, if that same community spir- catastrophic storm. Please join me in express- help its neighbors in North Carolina, as it in the midst of this disaster con- ing sympathy for the victims of Hurricane well as New Jersey and Virginia. tinues through this rebuilding, we will Floyd by passing this resolution unanimously. Mr. TRAFICANT. Mr. Speaker, I all end up with stronger and better And then let us pledge to work together to yield 2 minutes to the very distin- communities. pass a supplemental disaster relief package guished gentleman from North Caro- I want to particularly commend for the victims of Floyd that will help all the lina (Mr. WATT). FEMA and the State and local and vol- victims get back on their feet and that will Mr. WATT of North Carolina. Mr. unteer emergency management organi- bring honor and distinction on the United Speaker, if you live in a 5-year flood- zations that did such an excellent job States Congress. And please keep the victims plain or a 10-year floodplain or even a in aiding our communities during this of this unprecedented disaster in your 25-year floodplain, you can reasonably disaster, and are continuing to aid us thoughts and prayers in the weeks ahead. expect to have a flood every 5 years, as we rebuild. Mr. TRAFICANT. Mr. Speaker, I Mr. FRANK of New Jersey. Mr. every 10 years, every 25 years. But yield 2 minutes to the distinguished Speaker, I yield 2 minutes to the dis- when you live in a 500-year floodplain, gentleman from New Jersey (Mr. tinguished gentleman from North Caro- you cannot prepare for it. You do not PAYNE). lina (Mr. JONES). buy insurance for a disaster that oc- (Mr. PAYNE asked and was given Mr. JONES of North Carolina. Mr. curs every 500 years. Speaker, I thank the gentleman from permission to revise and extend his re- b 1145 New Jersey as well as the gentlewoman marks.) Mr. PAYNE. Mr. Speaker, I rise from North Carolina for introducing This is what has happened in North today to join my colleagues in sup- this resolution. Carolina. People have been hit by an porting today’s resolution, and com- I must say, as many of my colleagues incident that can reasonably be ex- mend the gentleman from New Jersey from North Carolina and also from New pected never to occur again in our life- (Mr. FRANKS) and the gentlewoman Jersey and Virginia and elsewhere have times, not again for 500 years. So we from North Carolina (Mrs. CLAYTON) said, that this is probably one of the need the kind of response in this body for House Resolution 322, expressing worst natural disasters that we have to an incident and in a way that dem- sympathy for the victims of Hurricane seen, certainly in my State, and I can- onstrates that we are responding once Floyd. not speak for New Jersey and Virginia. every 500 years. We can all imagine how tragic and But when you have a gentleman from Mr. Speaker, I want to thank these terrible and disheartening it must be the State of Maryland who was a vol- colleagues for bringing this resolution to lose the very basics of life, to see unteer during America’s help in Tur- to the floor, and talk about the resolu- your home and all your possessions key with the earthquake, and he comes tion for a little bit. lost because of uncontrollable acts of back and he goes down to eastern The resolution is three pages long. nature. In the wake of the havoc North Carolina and he is quoted in the Most of the first two pages talk about wreaked by Hurricane Floyd, however, paper as saying that it reminded him of the devastation that has occurred. I there has been a silver lining. That is the Third World, that maybe tells you want my colleagues to zero in on the that people have been drawn together better than what I can say just how last four lines of this resolution, be- in a spirit of humanitarian concern as bad things are in eastern North Caro- cause that is where we make our 500- thousands of volunteers from churches lina. year commitment to these people. and community organizations have But I will tell you that the resolve of It says that we pledge to support to come forward to offer assistance to the people in North Carolina and the continue to work on the people’s behalf those who are facing hurricane-related people of eastern North Carolina is to restore normalcy to their lives, and hardships. They have provided shelter such that when they have been dev- to renew their spirits by helping them and food and clothing, and most impor- astated by this natural disaster, they to recover, rebuild, and reconstruct. tantly, moral support during this time have come together and they take care Now, we can express all the sym- of crisis. of their brothers and sisters, as the pathy that we want to, and that is im- In my home county of Essex, we have Bible says, and I can assure you that portant in this context. But this is the had a serious problem with flooding the outpouring of help, not just sym- four lines that we make our commit- and malfunctioning traffic lights which pathy, but help that has come from ment in, and it would be a mistake for has endangered public safety. Fortu- people within the State of North Caro- any of my colleagues to come and sup- nately, everyone pulled together with lina, as well as from all over America, port this resolution simply out of a po- Federal and State support. We have is just what America is about. When litical motivation to get some brownie been able to begin rebuilding and re- people are hurting and when people are points if they are not serious about liv- pairing the damage caused by Hurri- in need, we as Americans come to each ing up to the last four lines of the reso- cane Floyd. other’s aid. That is what makes this lution. I am pleased that President Clinton country what it is today. Mr. FRANKS of New Jersey. Mr. responded favorably to the request by I want to also say that FEMA I think Speaker, I yield 1 minute to the gentle- New Jersey and other States affected has done an excellent job. It is a tough woman from Florida (Mrs. FOWLER). by the hurricane to be designated Fed- job. When you have people that are (Mrs. FOWLER asked and was given eral disaster areas so we can obtain frustrated and stressed and have lost so permission to revise and extend her re- much needed relief from FEMA and much, and they are anxious for help, I marks.) other Federal agencies. do want to say that I think FEMA has Mrs. FOWLER. Mr. Speaker, I rise in Again, Mr. Speaker, I want to extend done an excellent job. Certainly they strong support of this very important my sympathy to the victims of Hurri- are overwhelmed by this disaster, but, resolution. As many of my colleagues cane Floyd all across the Atlantic East October 5, 1999 CONGRESSIONAL RECORD — HOUSE H9333 Coast who have been displaced from Mr. Speaker, I would like to take Mrs. CLAYTON. Mr. Speaker, I their homes or who have lost loved this opportunity to thank the gen- thank the gentleman for yielding time ones. They remain in our thoughts and tleman from New Jersey (Mr. FRANKS) to me. in our prayers, and we will continue to and the gentlewoman from North Caro- Finally, Mr. Speaker, I just want to offer our full assistance as the task of lina (Mrs. CLAYTON) for coming to- thank all who have expressed their rebuilding gets underway. gether with all of our colleagues from sympathy, and want to reemphasize Mr. FRANKS of New Jersey. Mr. New York and New Jersey, Pennsyl- the point that the gentleman from Speaker, I yield 2 minutes to the gen- vania, and North Carolina to bring this North Carolina (Mr. WATT) made; that, tleman from North Carolina (Mr. timely resolution to the floor. one, to empathize is also to support, COBLE). This bipartisan measure represents not just to sympathize. This has been a Mr. COBLE. Mr. Speaker, I thank the the tragedy each of us have observed mammoth, an enormous disaster. gentleman for yielding time to me. and experienced in our own congres- There has been none, I am told, in the Mr. Speaker, my district, which is lo- sional districts, and reflects the sorrow history of this magnitude for floods in cated in inland North Carolina, was we feel for the thousands of individ- the United States, and never this dev- spared this very, very dreadful disease uals, families, businesses, and commu- astation in North Carolina. Therefore, which now plagues eastern North Caro- nities who continue to struggle in the the response has to be accordingly. lina. But even though we were spared, wake of Hurricane Floyd. Americans are at their best in disas- every time I go home, groups come to Between September 14 and September ters. I can tell the Members, if there is me and say, we cannot do enough for 17, Hurricane Floyd struck countless any redeeming grace out of this hor- those victims down east, and also in communities along the East Coast, rific loss, it has to be the generosity of New Jersey, but they are talking pri- devastating homes and businesses. Re- the American people, neighbors helping marily about North Carolina. sponsible for at least 66 known deaths neighbors. I called on an old law school friend of and millions of dollars in property and Equally challenging, however, will be mine from Rocky Mount, which is also infrastructure damage, Hurricane our governments collectively coming inland, Mr. Speaker, just to inquire as Floyd is one of the most destructive together and making the kind of re- to how things are progressing. He said, natural disasters in the history of our sponse that is necessary, not for people you cannot imagine how bad it is until Nation. to recover, but, indeed, for people to re- you come to see it. He said, the tele- Accordingly, we have all joined to- build and for communities to be re- vision portrayals really do not bring gether in introducing House Resolution stored. you up to speed. 322, a resolution expressing the deepest Again, I urge the support of Members I guess about the only bright spot, sympathy for the victims of the hurri- and call for a vote. Mr. Speaker, has been the East Caro- cane, and pledging our support to con- Mr. TRAFICANT. Mr. Speaker, I lina University football team. They tinue to work on their behalf to restore yield myself such time as I may con- played South Carolina. They could not normalcy to their lives and renew their sume. return to their home in Greenville be- spirits. Mr. Speaker, I agree with the gentle- Mr. Speaker, the effects of Hurricane cause the campus was under water. men from North Carolina, Mr. WATT Floyd are continuing to have dev- North Carolina State, which is their and Mr. COBLE, sympathy is not astating affects on the State of New arch rival, loaned their stadium to enough. The Congress must help. This York. Numerous municipalities have them. There were signs, I noticed, in was a grave disaster. The carcasses of sustained significant damage from the East Carolina contingency thank- dead animals are still afloat in North flooding, power outages, and loss of Carolina. It is time for Congress to act. ing State, which is quite a landmark, vital public services. Rising waters I want to commend FEMA for a fine the way those two schools battled each forced individuals to leave their homes job, State and local governments for other football-wise. But East Carolina throughout our region, and particu- all the good work they are doing, and won that game and defeated Miami. larly after the dam at Hyenga Lake An account in the largest newspaper burst, portions of the town of the all the charitable and civic organiza- in my district gave a detailed report of Clarkstown in the State of New York tions and all the people of America for the game, but the focus was on the were evacuated. reaching out to help. flood and the people from East Caro- Presently the Federal Emergency But I want to make this statement to lina who drove the back roads to get to Management Agency, the Small Busi- all of the impacted citizens who experi- Raleigh just to escape the flood. ness Administration, New York State enced this great disaster. After the cri- The concluding line of the story was Emergency Management Office, are sis is over and the media packs its bags that, oh, incidentally, East Carolina working together to provide our in- and they desert, and we do not see it on won the football game. But it was inci- jured communities with information, the news anymore, the people despair dental, because keeping things in per- supplies, funding, and peace of mind. and think maybe they have been for- spective, the news that day was the We commend them for their vital as- gotten. This is the time for the resolu- flood and how those people gathered in sistance. tion, because it says the Nation has not that parking lot in Raleigh to hold However, the true heroes in this dis- forgotten, and more importantly, the hands, to laugh, and to cry. aster are the people and their will to Congress of the United States has not I thank those in this body who are prevail. Citizens throughout the New forgotten, and will help all of those im- concerned about them, those who are York counties of Orange, Rockland, pacted upon by this great disaster. empathizing and sympathizing with and Westchester are working together I want to commend the gentlewoman the people who have suffered through to overcome this tragedy. It is amazing from North Carolina (Mrs. CLAYTON), this disease that plagues North Caro- to see how our communities have ral- the gentleman from New Jersey (Mr. lina. lied around each other to rebuild their FRANKS), and urge everybody in this A friend said, Howard, they do not broken communities. body to vote for this resolution. need loans, they need grants. I concur. Hurricane Floyd was one of the worst Mr. Speaker, I rise in strong support of this I hope we can come forward quickly disasters in our Nation’s history. The resolution which expresses sympathy for the and come to the aid of those people Congress has the duty to recognize the victims of Hurricane Floyd. who desperately need it. challenges people engulfed in this trag- Hurricane Floyd dumped 20 inches of rain Mr. FRANKS of New Jersey. Mr. edy are facing, and we must work to- onto North Carolina alone. In fact, parts of Speaker, I yield 3 minutes to the dis- gether, as they have, to ensure our North Carolina received nearly three feet of tinguished gentleman from New York Federal agencies have the necessary rain in September. (Mr. GILMAN). support they require to deal with the This resulted in the worst flooding in North (Mr. GILMAN asked and was given level of disaster. Carolina history and the start of a recovery permission to revise and extend his re- Mr. TRAFICANT. Mr. Speaker, I process that could take months, if not years, marks.) yield 1 minute to the distinguished to complete. Mr. GILMAN. Mr. Speaker, I thank gentlewoman from North Carolina In North Carolina, flood waters have de- the gentleman for yielding time to me. (Mrs. CLAYTON). stroyed or heavily damaged 3,000 homes and H9334 CONGRESSIONAL RECORD — HOUSE October 5, 1999 forced 42,500 people to apply for state and ered floors, floating school supplies, and over- House suspend the rules and agree to federal assistance. turned desks scattered the building. Officials the resolution, House Resolution 322. When the waters finally subside, Floyd is there told me they expect the clean-up effort The question was taken. expected to be the most expensive natural may cost up to $1.5 million. Mr. FRANKS of New Jersey. Mr. disaster in North Carolina history, topping the In Branchburg, I watched as families shov- Speaker, on that I demand the yeas $6 billion price tag from 1996's Hurricane eled mud from their basementsÐtheir belong- and nays. Fran. ings ruined and homes permanently damaged. The yeas and nays were ordered. FEMA already has approved more than $4.3 In my Congressional District, there was The SPEAKER pro tempore. Pursu- million in direct aid to those affected by Floyd, water everywhere, but none to drink, as flood- ant to clause 8 of rule XX and the and insurance companies are extending pre- ing contaminated drinking-water sources. More Chair’s prior announcement, further mium due dates an additional 60 days be- than 200,000 residents throughout the state proceedings on this motion will be cause so many are unable to return to their were urged to boil tap water before using it. postponed. homes. From the scenes of devastation, tales of he- f At least 1,500 people remain in shelters, roic rescues emerged. b spending nights huddled in sleeping bags and In this time of devastation it gives me some 1200 days monitoring media reports on the flooding. comfort to think on those men and women of J.J. ‘‘JAKE’’ PICKLE FEDERAL The American Red Cross has served hun- New Jersey who thought first of their fellow BUILDING dreds of thousands of meals since evacu- citizens. Mr. COOKSEY. Mr. Speaker, I move ations for Floyd began, and the organization The inextinguishable spirit of the citizens of to suspend the rules and pass the Sen- expects to remain in the region for months to New Jersey has burned brightly in the days ate bill (S. 559) to designate the Fed- come. since this horrible disaster. And it will continue eral building located at 300 East 8th Panicked residents who have lost everything to burn as an example for our nation. Street in Austin, Texas, as the ‘‘J.J. and have watched the media pack up and However, this spirit alone cannot restore the ‘Jake’ Pickle Federal Building’’. leave are afraid the Nation has lost interest in damage caused by Hurricane Floyd. The Clerk read as follows: their problems. While the federal disaster declaration is a S. 559 This resolution is timely, Mr. Speaker, be- substantial step forward in helping central New cause it sends a message to the victims of Jerseyans start to put their lives back to- Be it enacted by the Senate and House of Rep- gether, more immediate assistance is nec- resentatives of the United States of America in Hurricane Floyd that the Nation has not forgot- Congress assembled, ten them, and the Congress of the United essary. SECTION 1. DESIGNATION. In cosponsoring this Resolution, I have States will make sure they get the aid and as- The Federal Building located at 300 East sistance necessary to rebuild their lives. pledged my support to continue to work to re- 8th Street in Austin, Texas, shall be known Mr. Speaker, I yield back the balance store normalcy to the lives of the victims of the and designated as the ‘‘J.J. ‘Jake’ Pickle of my time. hurricane and to renew their spirits by helping Federal Building’’. Mr. FRANKS of New Jersey. Mr. them recover, rebuild, and reconstruct. I urge SEC. 2. REFERENCES. Speaker, I yield myself such time as I my fellow colleagues to join me. Any reference in a law, map, regulation, may consume. Mr. FRELINGHUYSEN. Mr. Speaker, New document, paper, or other record of the Mr. Speaker, I want to thank the Jersey suffered from some of the worst flood- United States to the Federal building re- gentlewoman from North Carolina ing in 200 years when Hurricane Floyd roared ferred to in section 1 shall be deemed to be (Mrs. CLAYTON), Members from the re- through Jew Jersey in September. Homes, a reference to the ‘‘J.J. ‘Jake’ Pickle Federal gion, Members from both sides of the corps, businesses and lives were destroyed. Building’’. aisle, for coming here to express their Floyd is gone, and the flood waters have re- The SPEAKER pro tempore (Mr. heartfelt sympathy, but also for us to ceded, but many New Jerseyans continue to SUNUNU). Pursuant to the rule, the gen- collectively focus on the job that re- suffer its effects. Lives were completely dis- tleman from Louisiana (Mr. COOKSEY) mains ahead. rupted, and they continue to be. Our words and the gentleman from West Virginia This flood has caused enormous dis- here on the House floor have little impact on (Mr. WISE) each will control 20 min- location in our communities. Our their suffering, yet they are important because utes. neighbors will need our help in the we must ensure that America remembers the The Chair recognizes the gentleman weeks and the months ahead, and this havoc Floyd wreaked on New Jerseyans, and from Louisiana (Mr. COOKSEY). institution needs to retain a commit- the people of coastal North Carolina as well. Mr. COOKSEY. Mr. Speaker, I yield ment to make certain that these folks Furthermore, we must continue to monitor the such time as he may consume to the get back to a life as normal as possible. Federal government's response to this dis- gentleman from Pennsylvania (Mr. I am looking forward to working aster and make sure none of our residents is SHUSTER). with our colleagues to assure that that overlooked. Mr. SHUSTER. Mr. Speaker, I thank is the end of this event, a successful I also want to take the opportunity to com- the gentleman from Louisiana (Mr. conclusion that will have the Federal mend the countless men and women who COOKSEY), my good friend, for yielding Government working in partnership contributed to relief efforts in New Jersey. me this time, and I rise in strong sup- with the State and local governments Whether by wading into the waters to help port of this legislation. and volunteer agencies to make sure rescue a stranded citizen, or by aiding with a Mr. Speaker, Jake Pickle was a giant our neighbors get back on their feet. contribution of time or money to help provide in this House. He was a personal friend Mr. HOLT. Mr. Speaker, as record flood- food and shelter for families, many of whom of mine. He is so deserving of this waters receded across New Jersey only lost everything, New Jersey's volunteers have honor. Some months ago, the gen- weeks ago, the damage toll from Hurricane again demonstrated an admirable commitment tleman from Texas (Mr. DOGGETT) in- Floyd inched upward in our state. Surging to their fellow New Jerseyans, and to them I troduced his resolution. I not only sup- floodwaters caused several hundred million say, thank you. ported it, but I moved it very quickly dollars in property damage and claimed four To the people of my own district, in Morris, through our committee. We brought it lives. Essex, Somerset, Sussex and Passaic Coun- to the floor. I supported it here on the As officials struggled to cope with thousands ties, and elsewhere, and to the people of floor. We passed it, and we sent it over of refugees, families were left to deal with con- Bound Brook and Manville, and throughout to the Senate in May, I believe. taminated drinking water, highway closures New Jersey who have lost both their belong- It was my hope that the Senate and lingering phone and power outages. ings and their faith, let me assure you that would have taken it up and would have Nine of the counties hardest hit by Floyd Congress has not, and will not forget you. acted upon it. That is my preference. have been declared federal disaster areasÐ Mr. FRANKS of New Jersey. Mr. But, unfortunately, the Senate has including Hunterdon, Middlesex, Mercer, and Speaker, I yield back the balance of chosen not to act upon it, but rather to Somerset counties in my district. my time. pass an identical Senate resolution I was able to see firsthand the damage that The SPEAKER pro tempore (Mr. sponsored by Senator GRAMM from the hurricane caused. In Lambertville, I toured SUNUNU). The question is on the mo- Texas. the Middle School that only days before had tion offered by the gentleman from As recent as last night, we called the 2±3 feet of water flowing through it. Mud cov- New Jersey (Mr. FRANKS) that the Senate again and asked if they would October 5, 1999 CONGRESSIONAL RECORD — HOUSE H9335 please consider the House resolution, To these Austin memorials it is ap- During this year of 1999, three House the Doggett resolution. We were in- propriate that we add the J.J. ‘‘Jake’’ naming bills of this type with Senate formed, again, in no uncertain terms, Pickle Federal Building. This is the companions where both the House and that they simply would not bring it up. place where, from the time of the ad- Senate sponsor filed bills, three House So, Mr. Speaker, we are faced with a ministration of President Lyndon B. bills have been sent over to the Senate choice here today, a choice which is Johnson, until his retirement in 1994, first and each one of them is already not of my making and a choice which I Congressman Pickle had his district of- law. The same has occurred with the wish we did not have to face. The fice; and I am fortunate to have the naming bills that have come the other choice is are we going to take the iden- very same rooms up on the 7th floor of direction where the Senate acted more tical Senate resolution and honor Jake the Federal building in Austin that we promptly than the House and the Pickle, or are we not going to pass any are naming today, a place from which House paid courtesy to the Senate and such legislation? That is the real most of the important operations of approved those bills which have been choice. the Federal Government in central signed into law along with these House Because Jake Pickle was such an Texas are conducted. naming bills that had no Senate spon- outstanding Member of this body, a Congressman Pickle is the only Con- sor originally, but were also signed great American, I think that we should gressman that I have really ever into law. move ahead. Jake is in his 80’s now. He known during my life in Austin. He The Pickle bill is thus the first and is not in the best of health. He cer- was elected when I was a senior at Aus- the only lone exception from the Lone tainly brought great credit to this tin High School, and he continued to Star State to the courtesy and the bi- country and to his State of Texas. In- serve until I was elected to succeed partisanship that is normally associ- deed, I have on my coffee table at home him in 1994. ated with such matters. his book entitled ‘‘Jake,’’ and I rec- And serve our community he cer- After more than a few unreturned ommend it to all Members because it tainly does and continues to do. It was phone calls to staff, I spoke personally gives extraordinary insight into a very with that service in mind that on Feb- with our senior Senator from Texas in important time in our history. ruary 12 of 1998 I introduced H.R. 3223, August to courteously and respectfully Mr. Speaker, Jake Pickle is very de- the bill that the bill before us today request prompt approval of my House serving. I want to see this building copies verbatim. Unfortunately, even I bill. About one month later a Senate named in his honor. The only way we was surprised at the way this Repub- staffer again assured my staff that we are going to do it is by passing the Sen- lican Congress handles such matters. would get Senate approval of the House ate resolution which is identical to the For months last year the Republican bill and that it would be done shortly. House resolution. For those reasons leadership permitted consideration of During the last month, however, we are that I have stated, I would urge all few, if any, bills if they had the misfor- back to largely the old unreturned Members and particularly my Demo- tune of having a Democratic sponsor. phone call routine. cratic friends because, of course, Jake Finally, on July 14, 1998, with a bi- Now this morning’s Republican Whip is and is proud of being a Democrat, so partisan tribute, joined by Democrats Notice for this very morning indicates this is a Democratic resolution. And, and Republicans on this floor, we paid that, like Senator GRAMM’s original S. indeed, I support it and would urge all tribute to Congressman Pickle for his 559, they are designating 33 East 8th Members to support it. service and unanimously passed this Street in Austin to be named for Con- Mr. WISE. Mr. Speaker, I yield 10 bill through the House. My goal in fil- gressman Pickle. If that address actu- minutes to the gentleman from Texas ing H.R. 3223 early in 1998 was to have ally represents any place, it is part of (Mr. DOGGETT), author of the House this bill signed into law by President a sidewalk in downtown Austin; and I resolution. Clinton in time for a ceremony in Aus- think this error probably results from Mr. DOGGETT. Mr. Speaker, with tin, Texas, about October 11 of last a Senate author who knows as little of our action today, I am pleased that year when Congressman Pickle happily Austin and Austinites, unfortunately, Congress will have finally completed celebrated his 85th birthday. My office as that measure suggests. Mr. Speaker, its consideration of the naming of the was assured from the staff of the Sen- I think that Congressman Pickle de- Federal building in Austin after my ate sponsor of this measure, Senator serves far better from both the Senate predecessor and friend, J.J. ‘‘Jake’’ GRAMM, that we would get this done; and the House. Pickle. This honor is long, long over- that the President would be able to A number of strange arguments were due. sign it last year; and, of course, this advanced yesterday for the belated For all of those who come to central was not done. rush and enthusiasm to approve S. 559, Texas by air, there is a good chance So on January 6, the first day of this the copycat version of the House bill. when they first touch ground, they will session when I came down to swear my Yesterday’s Congress Daily quoted a land on the J.J. ‘‘Jake’’ Pickle runway oath of office along with my col- spokeswoman for the majority leader, at our new Austin-Bergstrom Inter- leagues, immediately after doing so, I Mr. ARMEY, as saying the House had to national Airport. And if one is inter- refiled H.R. 3223 that the House had ap- schedule S. 559 this week because it ested in higher education or in high proved unanimously in 1998, and this was a way to save time and avoid a technology, one will likely be aware year it was H.R. 118. Like most every- House-Senate conference committee. that at the University of Texas we thing in this House this year, progress Of course that was phony because there have a J.J. Pickle Research Center on was painfully slow. But finally, finally were no differences between the House the J.J. Pickle Research Campus from on May 4 of this year, we had another bill and the copycat version from the which great ideas and great spin-offs bipartisan tribute which I hope Con- Senate for a conference committee to have had much to do with the success gressman Pickle enjoyed again, col- adjust. of the high-tech industry which has leagues, Republican and Democrat, Then other stories were circulated, really fueled our progress in central coming to tell some stories and to pay apparently Mr. Shuster heard one of Texas and certainly represents our cen- tribute to his excellent service. And them, suggesting that Congressman tral Texas economic future. the House again unanimously approved Pickle was in grave health. Well, I In a joint project, the City of Austin the bill. talked to him personally just after he and the Austin Independent School On June 16 of this year, my office re- returned from his morning jog, and I District have construction under way ceived a call indicating that the Senate am pleased to report to the Members of on the J.J. ‘‘Jake’’ Pickle Elementary was at last about to approve H.R. 118. the House this beloved former Member School, Library, Health Clinic and So we turned on C–SPAN to watch the of our body is alive and kicking. Recreation Center. They are located in happy moment; and, indeed, we learned Indeed, our community finds Con- the St. Johns neighborhood and will be that at the last minute, apparently at gressman Pickle still mighty hard to opening in the fall of 2001 as, I think, a the request of the sponsor of S. 559, keep up with because of the fact that living symbol and substantive state- that H.R. 118 would not be approved, he is no longer a formal Member of ment about our commitment to equal but S. 559 would be. Congress, and only a former Member educational opportunity in central Such action is highly unusual, even has not slowed him down a bit. We ap- Texas. in this often too contentious Congress. preciate his energy and vigor, and we H9336 CONGRESSIONAL RECORD — HOUSE October 5, 1999 say thanks with the approval of this b 1215 We could go on and on about all his measure for what he has done. He was then reelected to the next 15 many accomplishments, but it is not I have tried to gain some under- succeeding Congresses until his retire- the accomplishments. It is the char- standing of why it is that we would go ment on January 3, 1995. acter of Jake Pickle that I most ad- through the kind of unprofessional con- During his tenure in Congress, Jake mire and love. duct associated with the way this bill Pickle was a strong advocate for civil I think the Bible verse that says, has been considered. First I think in rights. He vigorously advocated and ‘‘This is the day the Lord hath given this do-little Congress approving nam- supported such legislation as the Civil us, let us rejoice and be glad in it.’’ is ing bills and commemoration of the Rights Act of 1964 and the Voting basically the verse that, to me, rep- Leif Ericson Millennium Medal is Rights Act. For over 30 years, Con- resents what Jake Pickle is all about. about all that is getting done, so it is gressman Pickle continuously worked When he walks in the room, he brings not surprising why Republicans would for equal opportunities for women and light and life into that room. He has want to sponsor as many of these minorities. As chair of the Committee brought light and life to all of us who measures as possible. on Ways and Means Subcommittee on have known him. I honor Mr. Pickle Second, it is not unusual for Repub- Oversight and the Subcommittee on today along with my colleagues. licans to adopt good Democratic pro- Social Security, he helped shape the Mr. WISE. Mr. Speaker, I yield 2 min- posals. It is said that imitation is the system of Medicare to assure that it utes to the gentleman from Ohio (Mr. sincerest form of flattery, and who fulfilled its intended purpose of bring- TRAFICANT). could help but be flattered by Senator ing basic health care for those in need Mr. TRAFICANT. Mr. Speaker, it is GRAMM’s enthusiasm for my proposal? and timelessly fought for the future of sad to hear that there is a squabble Republicans, even in this Congress, going on about naming this building. rely on the wisdom of FDR, Truman Social Security. Congressman Pickle was a dedicated Quite frankly, we should keep our eyes and JFK; and it is hard to hear a quote public servant who remained close to on the prize, and that is to make sure from Mr. Nixon or Mr. Hoover. his Texas constituents. This is fitting that we do name this Federal court- But I think finally it is plain old ar- house after the great Member that we rogance. For one form of that arro- legislation that honors him. I support this bill, and I encourage my col- shared some common goals with here, gance we years ago coined a new word Jake Pickle. I hope that gets worked in Texas. It is called leagues to support it as well. Mr. Speaker, I reserve the balance of out. ‘‘grammstanding,’’ which usually de- I would just like to take to the floor scribes the fine art of claiming credit my time. Mr. WISE. Mr. Speaker, I yield 2 min- to thank Jake Pickle, because I worked in Texas for what you voted against in utes to the gentleman from Texas (Mr. for years on trying to change the bur- Washington. den of proof in a civil tax case, and But I think this silliness is not EDWARDS). Jake Pickle carried on a strong mantra grammstanding. It is certainly not Mr. EDWARDS. Mr. Speaker, I am with the Committee on Ways and ‘‘Profiles in Courage.’’ I call it ‘‘Pro- personally disappointed that the lead- Means. files in Pettiness.’’ ership has chosen to make the naming of a Federal building in Texas, my But in the final analysis, he became ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE home State, a partisan issue. There is a pragmatic friend and supporter and The SPEAKER pro tempore. Mem- something ironic about that, because I ultimately played a key role in the ul- bers are reminded that it is inappro- timate passing of that in last year’s re- priate to characterize or cast reflec- have known very few Members of this Congress in my service here that were form bill, even though he was not here. tions on the Senate or Members of the So I want to say thank you, Jake Senate either individually or collec- more nonpartisan, that were more bi- partisan than J.J. ‘‘Jake’’ Pickle. Pickle. Many of us here love Jake tively. Pickle. I hope we get beyond the par- Mr. DOGGETT. Mr. Speaker, this is a But, nevertheless, I come to this tisanship. Keep our eyes on the prize good bill for a great man, Jake Pickle, floor for the primary purpose of saying and name that courthouse after our whose career stood above the kind of thank you to my friend, our friend, deceit and pettiness associated unnec- Jake Pickle. great former Member. Mr. WISE. Mr. Speaker, I yield my- essarily with the process that results Let me say, Mr. Speaker, at the out- self 21⁄2 minutes. in the approval of this very good bill. I set that it takes a great deal for a Mr. Speaker, I want to rise and sup- urge the House to approve it. Texas Aggie to come to this well of the Mr. COOKSEY. Mr. Speaker, I yield House to compliment a University of port enthusiastically this legislation, myself such time as I may consume. Texas graduate. In this case, I will S. 559, as a bill to designate the Federal Mr. Speaker, S. 559 designates the make an exception. No one deserves ac- building on 8th Street in Austin, Texas Federal building in Austin, Texas, as colades better than our friend, J. J. in honor of Jake Pickle. the J.J. ‘‘Jake’’ Pickle Federal Build- ‘‘Jake’’ Pickle. The gentleman from Texas (Mr. ing. One may recall this body passed I love Jake Pickle. To me, he rep- DOGGETT) who has previously spoken H.R. 118, the House companion to S. resents the very best of public service, now represents Jake’s district. He has 559, a few months ago. We are here truly committed to helping people for twice introduced similar legislation, today once again to honor our former all the right reasons. He epitomizes the and he has been a steadfast advocate colleague from Texas. Action on the very best of public service, someone and supporter of this designation. Senate version will create a more equi- who has served his country in time of House Members extend their thanks table balance between the House and war, someone who continued to serve it and gratitude to the gentleman from Senate versions of naming bills. Pas- in time of peace. Texas (Mr. DOGGETT) for his diligence sage today will clear the measure for There are a lot of people today, Mr. in this effort. the President’s signature. Speaker, on both sides of the aisle Now, honoring Jake in this manner is Congressman Pickle began his long claiming to be the saviors of the Social particularly appropriate because, for 28 career in public service by serving 31⁄2 Security system. We will be debating of his 31 years in Congress, Jake Pickle years with the United States Navy in that issue in the weeks and months had his office in this Federal building the Pacific during World War II. Fol- ahead. on 8th Street in Austin. lowing the war, Congressman Pickle But in the 1980s, and particularly in Jake Pickle was extremely proud of returned to Austin, Texas, and held po- the 1983 Social Security bill, Jake his Texas heritage, a native of Texas, sitions in the private and public sec- Pickle, through his leadership position born in Big Spring in the northwest tors. on the Committee on Ways and Means, part of the State. He attended public He served his political party ably as truly did help save the Social Security schools and graduated from the Univer- executive director of the Texas State system. Millions of senior citizens, sity of Texas in 1938. He was a Federal Democratic Party. In 1963, he was past, present, and future have been and worker during the Roosevelt adminis- elected to the United States House of will be the beneficiaries of Mr. Pickle’s tration and then entered the Navy dur- Representatives in a special election to strong far-sighted leadership in that ef- ing World War II, serving 31⁄2 years in fill a vacant seat. fort. the Pacific. October 5, 1999 CONGRESSIONAL RECORD — HOUSE H9337

Coming to Congress after a special It is ironic that today we are consid- Mr. WISE. Mr. Speaker, I yield 13⁄4 election in 1963, and, of course, he then ering the Senate bill offered by our minutes to the gentleman from Min- succeeded President Lyndon Johnson, senior Senator from Texas, a former nesota (Mr. OBERSTAR), the ranking that was LBJ’s District, Jake wasted Democrat, now a member of the Repub- member of the Committee on Trans- little time in establishing himself as a lican Party when really the bill we portation and Infrastructure. congressional leader. He joined only ought to be considering is the bill by Mr. COOKSEY. Mr. Speaker, I am de- five other southern leaders in voting in the gentleman from Texas (Mr. lighted to yield 1 additional minute to favor of President Johnson’s Civil DOGGETT) who introduced it first, who the gentleman from Minnesota (Mr. Rights Act of 1964. Jake has acknowl- is the successor of Mr. Pickle. OBERSTAR). edged that the civil rights vote was a I think Jake and Beryl are probably (Mr. OBERSTAR asked and was given vote of which he is most proud. sitting back in Austin watching this on permission to revise and extend his re- A few months later, Jake Pickle C–SPAN and chuckling to themselves marks.) again courageously voted for the Vot- that, even after 30, 40 years of these Mr. OBERSTAR. Mr. Speaker, it is ing Rights Act and then worked for 30 types of disputes, the House of Rep- unfortunate that action we take today years to ensure equal opportunity for resentatives today can go back and is marred by process. But I do want to minorities and women. have the same internecine and warfare express my great appreciation to the Jake’s committee assignments, in- that the Texas Democratic Party was gentleman from Pennsylvania (Chair- cluding chair of the Committee on capable of doing many years ago. man SHUSTER) for recognizing the im- Ways and Means Subcommittee on Jake is a great man. He was a great passe that occurred when the other Oversight and chair of the Sub- leader from Texas. This is a good bill, body refused to take up a House committee on Social Security. He de- even if it is not the Doggett bill. We version of this legislation and made it voted his time and energies to the well- ought to pass it. clear that the only way to do it is to being of his constituents and developed Mr. COOKSEY. Mr. Speaker, I yield act on the Senate bill. That is just re- a reputation for selfless work and tire- myself such time as I may consume. alism, and I appreciate his desire to, as less advocacy for his fellow Texans. Mr. Speaker, I would like to point the gentleman from Pennsylvania Those of us who had the privilege of out to my colleagues on the other side (Chairman SHUSTER) expressed himself knowing and working with Jake Pickle of the aisle that I, too, lived in Austin. so eloquently, his depth of appreciation are happy that this bill is finally here I was actually stationed at Bergstrom for Jake Pickle for the service in this and that he will receive the honor to Air Force Base during the Vietnam pe- body, and it shows what a distin- which he is entitled. It is with great riod while my colleagues were in guished leader our committee chair- pride that I support the gentleman school there. man is and his willingness to act as we from Texas (Mr. DOGGETT) and urge my I, too, know Jake Pickle. There is no have always done on our committee, in colleagues to join me in honoring Jake question that Jake Pickle is a gen- a bipartisan manner. Pickle with this designation. tleman and a scholar and was truly a Mr. WISE. Mr. Speaker, I yield 30 The gentleman from Texas whom we credit to this great institution. But seconds to the gentleman from Mary- honor with this building naming is a today I think that we should keep very unusual person, a great Member of land (Mr. HOYER). Mr. HOYER. Mr. Speaker, I very focus on what we are here about. We this body, and a very unorthodox Mem- much appreciate the gentleman yield- are here to name a building after a ber. He did not go along to get along. ing me this time. great man who was a great congress- But he pursued his own beliefs and pur- Mr. Speaker, I want to rise as some- man and a credit to this Nation and to sued them vigorously and advocated on one who had the great honor and privi- the great State of Texas. this floor and in the Democratic Cau- lege of serving with Congressman Pick- So I urge my colleagues to proceed cus what he believed in. He was a very le. He served with great distinction, with this, and we will indeed facilitate rare article in the House of Representa- with great commitment to this coun- naming this building for Congressman tives. try, obviously outstanding service to Jake Pickle. He always, as our colleagues from the State of Texas. Mr. WISE. Mr. Speaker, I yield 1 Texas have noted, always considered But he was a national legislator and minute to the gentleman from Texas himself President Lyndon B. Johnson’s brought credit to himself and to our (Mr. FROST). congressman, and frequently would tell country and to this House as a Mem- (Mr. FROST asked and was given per- us stories about calls he had received, ber. I am privileged and honored to be mission to revise and extend his re- well I can recall this as a member of among his friends, his former col- marks.) the staff at the time, calls from the leagues, and supporters of this legisla- Mr. FROST. Mr. Speaker, there is no President and later, after Lyndon tion. more appropriate person to name a Johnson’s presidency, calls that he Mr. WISE. Mr. Speaker, I yield 11⁄4 Federal building after than Jake Pick- would receive from the former Presi- minutes to the gentleman from Texas le. Jake has a long and distinguished dent, giving him advice on one or an- (Mr. BENTSEN). connection with the city of Austin other action. Mr. BENTSEN. Mr. Speaker, I thank where this building will be located. b 1230 the gentleman from West Virginia for Jake was president of the student body yielding me this time and rise in at the University of Texas. He went on And Jake was also always very re- strong support of this bill. to work many years in Austin in poli- sponsive to that advice. Jake Pickle was a great leader from tics before coming to this Congress. He was a very close friend of my Texas, served in this House with dis- Jake was, in fact, one of the most dis- predecessor in Congress, John tinction for many years, and has been tinguished Members from our State in Blatnick, for whom I was administra- followed ably by the gentleman from the last 30 years. tive assistant, and I got to know Jake Texas (Mr. DOGGETT). We have had this No person worked harder on making quite well. He served on the Committee discussion many times. I must say that sure that the Social Security system on Public Works prior to going to the both Jake and his wife Beryl are two would be strong and would survive well Committee on Ways and Means and we true great Texans. into the next century than Jake Pick- got to know each other very well. So There is a story, and if the gen- le. No person worked harder on behalf well that after I was elected to Con- tleman will bear with me on this, there of the high-tech industry of Austin au- gress Jake Pickle always referred to is a great story that is similar to how thoring and fathering the semi-tech me as John. I considered it a com- this bill is being handled, though. legislation that really created the new pliment. I never corrected him because There was a dispute in the Democratic Silicon Valley in Texas. I thought being associated with John Party some years back when it was a No person served with greater humil- Blatnick was just fine by me. split party, and there was an issue of ity, greater humor, and greater distinc- Naming this Federal building in Aus- dollars for Democrats, but not a nickel tion than my friend Jake Pickle. I look tin, I think, will be just as enduring a for Pickle because Jake was on the forward to being with Jake and seeing compliment to this great public serv- other side of the issue. the name go up on the building. ant, and I am really delighted we are H9338 CONGRESSIONAL RECORD — HOUSE October 5, 1999 taking the action today, finally, to it will take for you to support this.'' He under- 559, the measures just considered by give Jake Pickle the recognition he so stood the risk. the House. richly deserves. A week after the vote, I was visiting with The SPEAKER pro tempore. Is there Mr. COOKSEY. Mr. Speaker, I yield 1 President Johnson and Jack Valenti at the objection to the request of the gen- minute to the gentleman from Texas White House. Jack commented that he was tleman from Louisiana? (Mr. GREEN). glad to see me vote for the bill. There was no objection. Mr. GREEN of Texas. Mr. Speaker, I I told Valenti it was a hard vote, and then f thank my colleague from Louisiana for added with feeling, ``I'm sure glad to get that yielding me this time and allowing me one over with!'' President Johnson was listen- ANNOUNCEMENT BY THE SPEAKER to say a few words about Jake Pickle. ing and he said, ``Jake, that was a tough vote. PRO TEMPORE I have known Jake literally all my But you'll be in Congress for another twenty The SPEAKER pro tempore. Debate political life, I guess for over 25 years, years (I surprised everybodyÐit was thirty-one has concluded on all motions to sus- having served in the Texas legislature years!) ``and you'll probably have a civil rights pend the rules. since 1973 up until coming to Congress, vote every year from now on. We've just start- Pursuant to the provisions of clause 8 and Jake was always the Congressman ed civil rights reform, and we're two hundred of rule XX, the Chair will now put the for Austin, Texas. years behind. We got a long way to catch up. question on each motion to suspend the Having served with Jake from 1993 So don't think for a second that you've got this rules on which further proceedings until he retired, I cannot think of any vote behind you!'' were postponed earlier today in the other Member that deserves this honor As, usual, President Johnson was right. And order in which that motion was enter- of having a courthouse named after the fight continues. tained. him more than Jake, because Jake was Elected to the Eighty-eight Congress by Votes will be taken in the following such a great Member. He served on the special election, December 21, 1963, JJ Pickle order: H.R. 1663, by the yeas and nays; Committee on Ways and Means and he served his constituents for 30 years in the H.J. Res. 65, by the yeas and nays; H. served his community well. House of Representatives after being re- Res. 322, by the yeas and nays. I know in the past, when we have elected to fifteen succeeding Congresses. He The Chair will reduce to 5 minutes talked about Jake Pickle, I talked was a leader in the fight for civil rights issues the time for any electronic vote after about his book, ‘‘Jake,’’ and it is a and equal opportunity for women and minori- the first such vote in this series. great compilation of stories of his serv- ties. During his tenure, J.J. Pickle became ice in Congress. And I was proud a few chairman of both the Ways and Means Over- f years ago, for Father’s Day, that my sight and Social Security Subcommittee. It is NATIONAL MEDAL OF HONOR daughter, who was at the University of my pleasure to support this legislation to des- MEMORIAL ACT Texas at that time, went over and ignate the federal building located at 300 East The SPEAKER pro tempore. The bought the book and asked Jake to just 8th Street in Austin, Texas as the J.J. ``Jake'' pending business is the question of sus- sign it for me. Pickle Federal Building. Again, I want to congratulate not Mr. FROST. Mr. Speaker, I am pleased to pending the rules and passing the bill, only the gentleman from Louisiana support S. 559, a resolution naming the fed- H.R. 1663, as amended. The Clerk read the title of the bill. (Mr. COOKSEY), but also the House for eral building in Austin, Texas after my fellow doing this for Jake Pickle. Texan and friend, retired Congressman J.J. The SPEAKER pro tempore. The Ms. JACKSON-LEE of Texas. Mr. Speaker, ``Jake'' Pickle. question is on the motion offered by I rise to strongly support this bill. This meas- From his election to the House of Rep- the gentleman from Arizona (Mr. ure designates a federal building in Austin, resentatives in 1962 to his retirement in 1995, STUMP) that the House suspend the Texas as the J.J. ``Jake'' Pickle Federal Build- Congressman Pickle was the ideal public serv- rules and pass the bill, H.R. 1663, as ing. This edifice will truly stand as a striking ant. I know firsthand how hard Congressman amended, on which the yeas and nays and fitting monument to Jake Pickle's long and Pickle worked on behalf of his constituency in are ordered. proud legacy of service to Texas. Central Texas. For over thirty years, Con- The vote was taken by electronic de- J.J. ``Jake'' Pickle is a Texas icon whose gressman Pickle had pivotal roles in legislation vice, and there were—yeas 424, nays 0, shadow looms large across the territory from from civil rights to the protection of the envi- not voting 9, as follows: the Rio Grande to the Texas Panhandle. His ronment. Naming the federal building in Austin [Roll No. 474] presence is still runs deep throughout my after Congressman Pickle is an appropriate YEAS—424 home State of Texas. symbol of our admiration, our respect, and our Abercrombie Bonior Condit J.J. Pickle is one of the last of the Great So- appreciation for his true public service to us Ackerman Bono Conyers ciety's old guard of Lyndon Johnson's admin- Aderholt Borski Cook all. It's an honor to take this opportunity recog- Allen Boswell Cooksey istration. ``Jake,'' as his friends affectionately nize a man of great integrity and valor, Con- Andrews Boucher Costello call him, put himself through college during the gressman J.J. ``Jake'' Pickle. Archer Boyd Cox Depression, worked for President Roosevelt's Mr. COOKSEY. Mr. Speaker, I have Armey Brady (PA) Coyne Bachus Brady (TX) Cramer National Youth Administration, served in the no further requests for time, and I Baird Brown (FL) Crane Pacific during World War II, founded a Central yield back the balance of my time. Baker Brown (OH) Crowley Texas radio station right after the war, and The SPEAKER pro tempore (Mr. Baldacci Bryant Cubin Baldwin Burr Cummings represented Texas' Tenth Congressional Dis- UNUNU S ). The question is on the mo- Ballenger Burton Cunningham trict from 1963 to 1995. He's a Yellow Dog tion offered by the gentleman from Barcia Buyer Danner Democrat who never forgot his West Texas Louisiana (Mr. COOKSEY) that the Barr Callahan Davis (FL) roots, and a superb raconteur. House suspend the rules and pass the Barrett (NE) Calvert Davis (IL) Barrett (WI) Camp Davis (VA) The following anecdote, as told by Mr. Pick- Senate bill, S. 559. Bartlett Campbell Deal le, reveals his strength of character: The question was taken; and (two- Barton Canady DeFazio Even today, it's hard to believe that just thir- thirds having voted in favor thereof) Bass Cannon DeGette ty years ago people of color couldn't patronize the rules were suspended and the Sen- Bateman Capps Delahunt Becerra Capuano DeLauro many of the restaurants, hotels, public rest ate bill was passed. Bentsen Cardin DeLay rooms, or water fountains in America. In retro- A motion to reconsider was laid on Bereuter Carson DeMint spect, it's almost inconceivable that those con- the table. Berkley Castle Deutsch Berman Chabot Diaz-Balart ditions existed just a generation ago. I believe f Biggert Chambliss Dickey that in 1964 a strong Civil Rights Bill could GENERAL LEAVE Bilbray Chenoweth-Hage Dicks have passed only under the leadership of Lyn- Bilirakis Clay Dingell don Johnson. Mr. COOKSEY. Mr. Speaker, I ask Bishop Clayton Dixon Blagojevich Clement Doggett Nobody else knew how to manipulate Con- unanimous consent that all Members Bliley Clyburn Dooley gress so effectively, or hammer through legis- may have 5 legislative days within Blunt Coble Doolittle lation by sheer force of will. And because which to revise and extend their re- Boehlert Coburn Doyle Johnson was from Texas, he could look fellow marks and include extraneous material Boehner Collins Dreier Bonilla Combest Duncan Southerners in the eye and say, ``I know what on House Resolution 322 and Senate October 5, 1999 CONGRESSIONAL RECORD — HOUSE H9339 Dunn Kleczka Price (NC) Waters Weldon (PA) Wise Chabot Hayes Miller, Gary Edwards Klink Pryce (OH) Watkins Weller Wolf Chambliss Hayworth Miller, George Ehlers Knollenberg Quinn Watt (NC) Wexler Woolsey Chenoweth-Hage Hefley Minge Ehrlich Kolbe Radanovich Watts (OK) Weygand Wu Clay Herger Mink Emerson Kucinich Rahall Waxman Whitfield Wynn Clayton Hill (IN) Moakley Engel Kuykendall Ramstad Weiner Wicker Young (AK) Clement Hilleary Mollohan English LaFalce Rangel Weldon (FL) Wilson Young (FL) Clyburn Hilliard Moore Eshoo Lampson Regula Coble Hinchey Moran (KS) Etheridge Lantos Reyes NOT VOTING—9 Coburn Hinojosa Moran (VA) Evans Largent Reynolds Berry LaHood Meeks (NY) Collins Hobson Morella Everett Larson Riley Blumenauer Mascara Metcalf Combest Hoeffel Murtha Ewing Latham Rivers Hill (MT) McKinney Scarborough Condit Hoekstra Myrick Farr LaTourette Rodriguez Conyers Holden Nadler Fattah Lazio Roemer b 1255 Cook Holt Napolitano Filner Leach Rogan Cooksey Hooley Neal Fletcher Lee Rogers Mr. HEFLEY changed his vote from Costello Horn Nethercutt Foley Levin Rohrabacher ‘‘nay’’ to ‘‘yea.’’ Cox Hostettler Ney Forbes Lewis (CA) Ros-Lehtinen So (two-thirds having voted in favor Coyne Houghton Northup Ford Lewis (GA) Rothman Cramer Hoyer Norwood Fossella Lewis (KY) Roukema thereof) the rules were suspended and Crane Hulshof Nussle Fowler Linder Roybal-Allard the bill, as amended, was passed. Crowley Hunter Oberstar Frank (MA) Lipinski Royce The result of the vote was announced Cubin Hutchinson Obey Cummings Hyde Olver Franks (NJ) LoBiondo Rush as above recorded. Frelinghuysen Lofgren Ryan (WI) Cunningham Inslee Ortiz Frost Lowey Ryun (KS) The title of the bill was amended so Danner Isakson Ose Gallegly Lucas (KY) Sabo as to read: ‘‘A bill to recognize Na- Davis (FL) Istook Owens Ganske Lucas (OK) Salmon Davis (IL) Jackson (IL) Oxley tional Medal of Honor sites in Cali- Davis (VA) Jackson-Lee Packard Gejdenson Luther Sanchez fornia, Indiana, and South Carolina.’’. Gekas Maloney (CT) Sanders Deal (TX) Pallone Gephardt Maloney (NY) Sandlin A motion to reconsider was laid on DeFazio Jenkins Pascrell Gibbons Manzullo Sanford the table. DeGette John Pastor Delahunt Johnson (CT) Paul Gilchrest Markey Sawyer DeLauro Johnson, E. B. Payne Gillmor Martinez Saxton f DeLay Johnson, Sam Pease Gilman Matsui Schaffer DeMint Jones (NC) Pelosi Gonzalez McCarthy (MO) Schakowsky ANNOUNCEMENT BY THE SPEAKER Deutsch Jones (OH) Peterson (MN) Goode McCarthy (NY) Scott PRO TEMPORE Diaz-Balart Kanjorski Peterson (PA) Goodlatte McCollum Sensenbrenner Dickey Kaptur Petri Goodling McCrery Serrano The SPEAKER pro tempore (Mr. Dicks Kasich Phelps Gordon McDermott Sessions SUNUNU). Pursuant to the provisions of Dingell Kelly Pickering Goss McGovern Shadegg clause 8 of rule XX, the Chair an- Dixon Kennedy Pickett Graham McHugh Shaw nounces that he will reduce to a min- Doggett Kildee Pitts Granger McInnis Shays Dooley Kilpatrick Pombo Green (TX) McIntosh Sherman imum of 5 minutes the period of time Doolittle Kind (WI) Pomeroy Green (WI) McIntyre Sherwood within which a vote by electronic de- Doyle King (NY) Porter Greenwood McKeon Shimkus Dreier Kingston Portman Gutierrez McNulty Shows vice will be taken on each additional motion to suspend the rules on which Duncan Kleczka Price (NC) Gutknecht Meehan Shuster Dunn Klink Pryce (OH) Hall (OH) Meek (FL) Simpson the Chair had postponed further pro- Edwards Knollenberg Quinn Hall (TX) Menendez Sisisky ceedings. Ehlers Kolbe Radanovich Hansen Mica Skeen Ehrlich Kucinich Rahall Hastings (FL) Millender- Skelton f Emerson Kuykendall Ramstad Hastings (WA) McDonald Slaughter Engel LaFalce Rangel Hayes Miller (FL) Smith (MI) COMMENDING VETERANS OF THE English Lampson Regula Hayworth Miller, Gary Smith (NJ) BATTLE OF THE BULGE Eshoo Lantos Reyes Hefley Miller, George Smith (TX) Etheridge Largent Reynolds Herger Minge Smith (WA) The SPEAKER pro tempore. The Evans Larson Riley Hill (IN) Mink Snyder pending business is the question of sus- Everett Latham Rivers Hilleary Moakley Souder Ewing LaTourette Rodriguez Hilliard Mollohan Spence pending the rules and passing the joint Farr Lazio Roemer Hinchey Moore Spratt resolution, H.J. Res. 65, as amended. Fattah Leach Rogan Hinojosa Moran (KS) Stabenow The Clerk read the title of the joint Filner Lee Rogers Hobson Moran (VA) Stark Fletcher Levin Rohrabacher Hoeffel Morella Stearns resolution. Foley Lewis (CA) Ros-Lehtinen Hoekstra Murtha Stenholm The SPEAKER pro tempore. The Forbes Lewis (GA) Rothman Holden Myrick Strickland question is on the motion offered by Ford Lewis (KY) Roukema Holt Nadler Stump the gentleman from Arizona (Mr. Fossella Linder Roybal-Allard Hooley Napolitano Stupak Fowler Lipinski Royce Horn Neal Sununu STUMP) that the House suspend the Frank (MA) LoBiondo Rush Hostettler Nethercutt Sweeney rules and pass the joint resolution, H.J. Franks (NJ) Lofgren Ryan (WI) Houghton Ney Talent Res. 65, as amended, on which the yeas Frelinghuysen Lowey Ryun (KS) Hoyer Northup Tancredo Frost Lucas (KY) Sabo Hulshof Norwood Tanner and nays are ordered. Gallegly Lucas (OK) Salmon Hunter Nussle Tauscher The vote was taken by electronic de- Ganske Luther Sanchez Hutchinson Oberstar Tauzin vice, and there were—yeas 422, nays 0, Gejdenson Maloney (CT) Sanders Hyde Obey Taylor (MS) not voting 11, as follows: Gekas Maloney (NY) Sandlin Inslee Olver Taylor (NC) Gephardt Manzullo Sanford Isakson Ortiz Terry [Roll No. 475] Gibbons Markey Sawyer Istook Ose Thomas YEAS—422 Gilchrest Martinez Saxton Jackson (IL) Owens Thompson (CA) Gillmor Matsui Schaffer Jackson-Lee Oxley Thompson (MS) Abercrombie Bateman Boyd Gilman McCarthy (MO) Schakowsky (TX) Packard Thornberry Ackerman Becerra Brady (PA) Gonzalez McCarthy (NY) Scott Jefferson Pallone Thune Aderholt Bentsen Brady (TX) Goode McCollum Sensenbrenner Jenkins Pascrell Thurman Allen Bereuter Brown (FL) Goodlatte McCrery Serrano John Pastor Tiahrt Andrews Berkley Brown (OH) Goodling McDermott Sessions Johnson (CT) Paul Tierney Archer Berman Bryant Gordon McGovern Shadegg Johnson, E. B. Payne Toomey Armey Biggert Burr Goss McHugh Shaw Johnson, Sam Pease Towns Bachus Bilirakis Burton Graham McInnis Shays Jones (NC) Pelosi Traficant Baird Bishop Buyer Granger McIntosh Sherman Jones (OH) Peterson (MN) Turner Baker Blagojevich Callahan Green (TX) McIntyre Sherwood Kanjorski Peterson (PA) Udall (CO) Baldacci Bliley Calvert Green (WI) McKeon Shimkus Kaptur Petri Udall (NM) Baldwin Blunt Camp Greenwood McNulty Shows Kasich Phelps Upton Ballenger Boehlert Campbell Gutierrez Meehan Shuster Kelly Pickering Velazquez Barcia Boehner Canady Gutknecht Meek (FL) Simpson Kennedy Pickett Vento Barr Bonilla Cannon Hall (OH) Menendez Sisisky Kildee Pitts Visclosky Barrett (NE) Bonior Capps Hall (TX) Mica Skeen Kilpatrick Pombo Vitter Barrett (WI) Bono Capuano Hansen Millender- Skelton Kind (WI) Pomeroy Walden Bartlett Borski Cardin Hastings (FL) McDonald Slaughter King (NY) Porter Walsh Barton Boswell Carson Hastings (WA) Miller (FL) Smith (MI) Kingston Portman Wamp Bass Boucher Castle H9340 CONGRESSIONAL RECORD — HOUSE October 5, 1999 Smith (NJ) Terry Waters Brady (TX) Goode McCrery Shaw Sununu Visclosky Smith (TX) Thomas Watkins Brown (FL) Goodlatte McDermott Shays Sweeney Vitter Smith (WA) Thompson (CA) Watt (NC) Brown (OH) Goodling McGovern Sherman Talent Walden Snyder Thompson (MS) Watts (OK) Bryant Gordon McHugh Sherwood Tancredo Walsh Souder Thornberry Waxman Burr Goss McInnis Shimkus Tanner Wamp Spence Thune Weiner Burton Graham McIntosh Shows Tauscher Waters Spratt Thurman Weldon (FL) Buyer Granger McIntyre Shuster Tauzin Watkins Stabenow Tiahrt Weldon (PA) Callahan Green (TX) McKeon Simpson Taylor (MS) Watt (NC) Stark Tierney Weller Calvert Green (WI) McNulty Sisisky Taylor (NC) Watts (OK) Stearns Toomey Wexler Camp Greenwood Meehan Skeen Terry Waxman Stenholm Towns Weygand Campbell Gutierrez Meek (FL) Skelton Thomas Weiner Strickland Traficant Whitfield Canady Gutknecht Menendez Slaughter Thompson (CA) Weldon (FL) Stump Turner Wicker Cannon Hall (OH) Mica Smith (MI) Thompson (MS) Weldon (PA) Stupak Udall (CO) Wilson Capps Hall (TX) Millender- Smith (NJ) Thornberry Weller Sununu Udall (NM) Wise Capuano Hansen McDonald Smith (TX) Thune Wexler Sweeney Upton Wolf Cardin Hastings (FL) Miller (FL) Smith (WA) Thurman Weygand Talent Velazquez Woolsey Carson Hastings (WA) Miller, Gary Snyder Tiahrt Whitfield Tancredo Vento Wu Castle Hayes Miller, George Souder Tierney Wicker Tanner Visclosky Wynn Chabot Hayworth Minge Spence Toomey Wilson Tauscher Vitter Young (AK) Chambliss Hefley Mink Spratt Towns Wise Tauzin Walden Young (FL) Chenoweth-Hage Herger Moakley Stabenow Traficant Wolf Taylor (MS) Walsh Clay Hill (IN) Mollohan Stark Turner Woolsey Taylor (NC) Wamp Clayton Hilliard Moore Stearns Udall (CO) Wu Stenholm Udall (NM) Wynn NOT VOTING—11 Clement Hinchey Moran (KS) Clyburn Hinojosa Moran (VA) Strickland Upton Young (AK) Berry Jefferson Meeks (NY) Coble Hobson Morella Stump Velazquez Young (FL) Bilbray LaHood Metcalf Coburn Hoeffel Murtha Stupak Vento Blumenauer Mascara Scarborough Collins Hoekstra Myrick ANSWERED ‘‘PRESENT’’—1 Hill (MT) McKinney Combest Holden Nadler Condit Holt Napolitano Paul b 1303 Conyers Hooley Neal NOT VOTING—15 So (two-thirds having voted in favor Cook Horn Nethercutt Cooksey Hostettler Ney Abercrombie Hilleary Meeks (NY) thereof) the rules were suspended and Costello Houghton Northup Bereuter LaHood Metcalf the joint resolution, as amended, was Cox Hoyer Norwood Blumenauer Manzullo Rangel passed. Coyne Hulshof Nussle DeLay Mascara Royce Hill (MT) McKinney Scarborough The result of the vote was announced Cramer Hunter Oberstar Crane Hutchinson Obey b as above recorded. Crowley Hyde Olver 1311 A motion to reconsider was laid on Cubin Inslee Ortiz So (two-thirds having voted in favor the table. Cummings Isakson Ose Cunningham Istook Owens thereof) the rules were suspended and f Danner Jackson (IL) Oxley the resolution was agreed to. Davis (FL) Jackson-Lee Packard The result of the vote was announced PERSONAL EXPLANATION Davis (IL) (TX) Pallone as above recorded. Davis (VA) Jefferson Pascrell Mr. BERRY. Mr. Speaker, I was unavoidably Deal Jenkins Pastor A motion to reconsider was laid on detained for rollcall votes 474 and 475. Had I DeFazio John Payne the table. been present, I would have voted ``yes'' on DeGette Johnson (CT) Pease f rollcall vote No. 474, and ``yes'' on rollcall vote Delahunt Johnson, E. B. Pelosi DeLauro Johnson, Sam Peterson (MN) b 1315 No. 475. DeMint Jones (NC) Peterson (PA) f Deutsch Jones (OH) Petri WAIVING POINTS OF ORDER Diaz-Balart Kanjorski Phelps AGAINST CONFERENCE REPORT Dickey Kaptur Pickering SENSE OF CONGRESS IN SYM- Dicks Kasich Pickett ON H.R. 2606, FOREIGN OPER- PATHY FOR VICTIMS OF HURRI- Dingell Kelly Pitts ATIONS, EXPORT FINANCING, CANE FLOYD Dixon Kennedy Pombo AND RELATED PROGRAMS AP- Doggett Kildee Pomeroy The SPEAKER pro tempore (Mr. Dooley Kilpatrick Porter PROPRIATIONS ACT, 2000 THORNBERRY). The pending business is Doolittle Kind (WI) Portman Ms. PRYCE of Ohio. Mr. Speaker, by the question of suspending the rules Doyle King (NY) Price (NC) Dreier Kingston Pryce (OH) direction of the Committee on Rules, I and agreeing to the resolution, H. Res. Duncan Kleczka Quinn call up House Resolution 307 and ask 322. Dunn Klink Radanovich for its immediate consideration. The Clerk read the title of the resolu- Edwards Knollenberg Rahall The Clerk read the resolution, as fol- Ehlers Kolbe Ramstad tion. Ehrlich Kucinich Regula lows: The SPEAKER pro tempore. The Emerson Kuykendall Reyes H. RES. 307 Engel LaFalce Reynolds question is on the motion offered by Resolved, That upon adoption of this reso- the gentleman from New Jersey (Mr. English Lampson Riley Eshoo Lantos Rivers lution it shall be in order to consider the FRANKS) that the House suspend the Etheridge Largent Rodriguez conference report to accompany the bill rules and agree to the resolution, H. Evans Larson Roemer (H.R. 2606) making appropriations for foreign Res. 322, on which the yeas and nays Everett Latham Rogan operations, export financing, and related are ordered. Ewing LaTourette Rogers programs for the fiscal year ending Sep- Farr Lazio Rohrabacher tember 30, 2000, and for other purposes. All The vote was taken by electronic de- Fattah Leach Ros-Lehtinen points of order against the conference report vice, and there were—yeas 417, nays 0, Filner Lee Rothman and against its consideration are waived. answered ‘‘present’’ 1, not voting 15, as Fletcher Levin Roukema Foley Lewis (CA) Roybal-Allard The conference report shall be considered as follows: Forbes Lewis (GA) Rush read. [Roll No. 476] Ford Lewis (KY) Ryan (WI) Fossella Linder Ryun (KS) The SPEAKER pro tempore. The gen- YEAS—417 Fowler Lipinski Sabo tleman from Florida (Mr. DIAZ- Ackerman Barrett (NE) Bishop Frank (MA) LoBiondo Salmon BALART) is recognized for 1 hour. Aderholt Barrett (WI) Blagojevich Franks (NJ) Lofgren Sanchez Mr. DIAZ-BALART. Mr. Speaker, for Allen Bartlett Bliley Frelinghuysen Lowey Sanders Andrews Barton Blunt Frost Lucas (KY) Sandlin the purpose of debate only, I yield the Archer Bass Boehlert Gallegly Lucas (OK) Sanford customary 30 minutes to the gen- Armey Bateman Boehner Ganske Luther Sawyer tleman from Ohio (Mr. HALL), pending Bachus Becerra Bonilla Gejdenson Maloney (CT) Saxton Baird Bentsen Bonior Gekas Maloney (NY) Schaffer which I yield myself such time as I Baker Berkley Bono Gephardt Markey Schakowsky may consume. During consideration of Baldacci Berman Borski Gibbons Martinez Scott this resolution, all time yielded is for Baldwin Berry Boswell Gilchrest Matsui Sensenbrenner the purpose of debate only. Ballenger Biggert Boucher Gillmor McCarthy (MO) Serrano Barcia Bilbray Boyd Gilman McCarthy (NY) Sessions Mr. Speaker, House Resolution 307 is Barr Bilirakis Brady (PA) Gonzalez McCollum Shadegg the standard rule waiving points of October 5, 1999 CONGRESSIONAL RECORD — HOUSE H9341 order for the conference report to ac- Unfortunately, the overall funding to explain the details of this legisla- company H.R. 2606, the foreign oper- levels for the bill are insufficient to tion in great depth. ations appropriations bill for fiscal support America’s leadership role in Mr. Speaker, I reserve the balance of year 2000. The rule waives points of the world, and the bill cuts the admin- my time. order against the conference agree- istration’s request for foreign aid pro- Mr. HALL of Ohio. Mr. Speaker, I ment and its consideration and pro- grams by about 13 percent. This has yield 5 minutes to the gentlewoman vides that the conference report shall been consistent over the past 10 years. from California (Ms. PELOSI), who is an be considered as read. Our foreign aid, especially on develop- expert and our ranking minority mem- I support this rule, and I support the ment assistance, continues to go down. ber on the Subcommittee on Foreign underlying conference report as well. As a matter of fact, it has been cut 50 Operations. There are many important programs percent in the last 10 years. Ms. PELOSI. Mr. Speaker, I thank which are being funded in this con- The Peace Corps is cut by $35 million the gentleman for yielding me time ference report, and because there are below the administration’s request, and for his leadership internationally no country earmarks, the President which will cause the reduction of 1,000 and domestically on behalf of people in and the Secretary of State are afforded volunteers in the next 2 years. As a re- need, especially our children. great flexibility to conduct foreign pol- turned Peace Corps volunteer myself, I Mr. Speaker, our distinguished col- icy as they see fit in this area. am disappointed in the funding level of league, the gentleman from Ohio (Mr. I thank the gentleman from Alabama this important people-to-people aid HALL), very clearly has pointed out (Chairman CALLAHAN). I think he has program which enjoys broad support some of the good things that are in this done an extraordinary job, as has the among American citizens. bill, and as I rise to talk about the ranking member, the gentlewoman There are no funds to implement the rule, I am really rising in opposition to from California (Ms. PELOSI). They Wye River agreement, which is a tre- the bill. have done a lot of hard work on this mendous agreement between our Presi- My colleague, our distinguished important conference report, and I dent, Jordan, and Israel in the Middle chairman, the gentleman from Ala- urge both the adoption of the rule by East. The President is considering a bama (Mr. CALLAHAN), deserves credit our colleagues, as well as passage of veto of the bill largely on the grounds for how he balanced the allocation that the conference report. of inadequate funding. he had in the bill, and, again, the gen- Mr. Speaker, I reserve the balance of But, despite my concerns about the tleman from Ohio (Mr. HALL) pointed my time. bill, I am willing to support this rule, out some of the positive initiatives Mr. HALL of Ohio. Mr. Speaker, I which is the standard rule for con- that are in the bill. But the bill does yield myself such time as I may con- ference reports, and it will allow for not measure up even in the slightest sume. further debate of the bill. way to our leadership role in the world. Mr. Speaker, I thank the gentleman Mr. Speaker, I reserve the balance of I think it really is a disservice to the from Florida for yielding me the time. my time. debate on the foreign aid bill to say Mr. Speaker, this rule makes in order Mr. DIAZ-BALART. Mr. Speaker, I that if we honor our commitments consideration of the conference report yield myself such time as I may con- throughout the world, that that money to accompany H.R. 2606, a bill that sume. will be taken out of Social Security. makes appropriations for foreign aid Mr. Speaker, as with so many other The fact is when these allocations were and export assistance in fiscal year of the appropriations bills this year, we made, the foreign aid allocation was 2000. The rule waives all points of order are hearing opposition from our good given very little priority. against the conference report. friends on the other side of the aisle be- This bill is not only about coopera- Mr. Speaker, foreign aid is part of cause of the fact that they wish that tion between the United States and the price we pay to be the political and more money was being spent. There is other countries. This bill is about our the moral leader of this world, and, no doubt that proposals to spend assistance for our own trade. We have just as it is our duty as individuals to money in myriad ways will be heard, financed in this bill the Ex-Im Bank, help others less fortunate than we are, and will continue to be heard, some of OPIC, as well as the Trade Develop- it is our duty as a Nation to help those which, I am sure, make a lot of sense. ment Administration, which assists in countries which are struggling. There We made a decision on this side of promoting U.S. exports abroad. So the are more direct benefits. Foreign aid the aisle, and I think it is important to allocation, as small as it is, is not even creates jobs here in the United States, commend the gentleman from Alabama all about assistance overseas; it is increases exports and opens markets (Chairman CALLAHAN), the gentleman about promoting U.S. products. In overseas for American businesses. from Florida (Chairman YOUNG), and order for those products to be sold, we A report several years ago by the the leadership, the Republican leader- have to develop markets for them. So Washington polling firm of Belden & ship, the Speaker, the majority leader, it is in our interest to cooperate with Russonello concluded that Americans the whip, the conference chairmen, the countries to help develop their econo- strongly support humanitarian assist- entire leadership. They made a deci- mies. ance to developing countries, which is sion, on our side of the aisle we made It is necessary for us in our foreign part of foreign aid. In one poll, the av- a decision, that we will not in these ap- policy, which is an essential part of erage American thinks that almost propriations bills tap, we will not get what we do here in the Congress, to one-third of the Federal budget is spent into the Social Security trust fund. honor the pillars of our foreign policy, on foreign aid. However, in reality, less And we are sticking to that decision. to stop the proliferation of weapons of than 1 percent of the Federal budget So we are going to see a lot of opposi- mass destruction, to promote demo- goes to foreign aid. The evidence sug- tion based on the fact we are not cratic freedoms so that the world is a gests that the more people think about spending enough money on these ap- more peaceful place as we deal with de- foreign aid, the more likely they are to propriations bills. mocracies rather than authoritarian support it. This is the foreign aid bill. It is a regimes who might invade their neigh- There are good provisions in this con- very important bill. But we believe we bors or oppress their people, and, ference report. It provides a $65 million are doing a good job, and we are doing again, to promote our economy by pro- increase for the Child Survival and Dis- the job within the existing resources moting U.S. exports abroad. ease Programs Funds. This includes a that we have, while not tapping into, All of those goals are served very $5 million increase for UNICEF, which not going into, the Social Security well, in addition to the broader issue of is so important to helping children trust fund. our national security, by our invest- throughout the world. Mr. Speaker, I have no further re- ments in this bill. These are invest- The report also contains favorable quests for time on the resolution bring- ments that will pay off for us. We language for microenterprise develop- ing the conference report to the floor. would not have to be so involved in ment, which has proven to be a cost ef- The distinguished chairman of the sub- sending our young people off and put- fective way to help people become eco- committee is ready, the gentleman ting them in harm’s way abroad if we nomically self-reliant. from Alabama (Chairman CALLAHAN), were more successful in promoting the H9342 CONGRESSIONAL RECORD — HOUSE October 5, 1999 pillars of our foreign policy through Cardinal Callahan in helping to move States of America directly in dollars funding this bill. this measure forward. that are expended here. So I urge sup- Mr. Speaker, I just want to say that There is, obviously, some con- port of the rule, support of the con- I hope that our colleagues will not say troversy around it. But frankly, it is a ference report, and look forward to that the Social Security trust fund is measure which falls right in line with what probably will be a reasonably at risk because we want to honor our our commitment to fund our national close vote, but I think we will be suc- commitments abroad. priorities, and to do so under the very cessful. Let me just show you this chart, Mr. tight spending constraints with which Mr. HALL of Ohio. Mr. Speaker, I Speaker. In it you see this big yellow we are forced to live. yield 3 minutes to the gentlewoman pie. That is the national budget. This At the same time we are doing that, from Texas (Ms. JACKSON-LEE). sliver here, this little blue, less than 1 the conference report utilizes our Ms. JACKSON-LEE of Texas. Mr. percent of the national budget, less scarce resources to ensure our success- Speaker, I thank the distinguished gen- than 1 percent, 0.68 percent of the na- ful and very important leadership tleman from Ohio (Mr. HALL), a mem- tional budget, is spent on international abroad. A previous speaker mentioned ber of the Committee on Rules, for cooperation. the fact that we are committed to rec- yielding time to me, and I thank my We are a great country. I come from ognizing the importance of global colleagues. a city where our patron saint is St. trade. That is something that is under- I do want to add my appreciation to Francis. The song of St. Francis is the scored here. the cooperative efforts of the gen- anthem of our community, and that is Another issue that is very important tleman from Alabama (Mr. CALLAHAN) praying to the Lord to make us a chan- is for us to, obviously, address the and the gentlewoman from California nel of God’s peace. Where there is dark- spread of communicable diseases in the (Ms. PELOSI) for their knowledgeable ness, may we bring light; where there developing world, and especially among leadership. Right out of the box, I want to thank is hatred, may we bring love; where children. Legislation we are going to be them for the $180 million increase in there is despair, may we bring hope. dealing with later today also focuses support of fighting worldwide AIDS, We cannot solve all of the problems on children. This conference report and in particular, the emphasis on Af- of the world, but we can bring hope to itself provides $715 million for child rica. I want to note the work of my col- people, and that is what we try to do in survival and disease programs that are league, the gentlewoman from Michi- this bill. This is a small price for us to highly effective in fighting diseases out gan (Ms. KILPATRICK). She and myself pay to prevent putting our young men there, such as tuberculosis, malaria, and the gentlewoman from California in harm’s way and to honor the com- and yellow fever. (Ms. LEE) went on an AIDS mission to mitment of our country. We can all agree that the drug abuse issue is no longer simply a domestic Africa. We know this is not enough, Mr. Speaker, I have been fond of but we are very grateful for the step concern, it is a global concern. The bill quoting President Kennedy on this bill, that has been made. of the gentleman from Alabama (Mr. because everybody in the world who Mr. Speaker, let me say that I have was alive at the time and those who CALLAHAN) addresses that by providing no concern with the rule, but unfortu- study history know of his clarion call $285 million to fight international drug nately, I cannot support this final leg- to the American people, the citizens of traffickers. We recognize in doing so islation. Let me say that I think the America, ‘‘Ask not what your country that wiping out that scourge of drugs chart that the gentlewoman from Cali- must be a top priority for all nations can do for you, but what you can do for fornia (Ms. PELOSI) had is very telling. your country.’’ But the very next line throughout the world. It shows the sliver or the mere amount in that inaugural address, which I The conference report also is very, of monies we expend as a country for heard myself as a student here so many very key to dealing with that contin- foreign aid. It does not, however, show years ago, the very next line says, ‘‘To ued challenge we face in the Middle that when we poll Americans, they the citizens of the world, I say ask not East. This report maintains our com- frankly think it is higher, and would what America can do for you, but what mitment to Israel and Egypt, as laid accept higher, because they understand we can do working together for the out in the Camp David accords. Nearly the responsibilities that come with freedom of mankind.’’ half of the funding is devoted to peace world leadership. That is what this bill strives to do. in the Middle East, so this vital region So here are my concerns in this bill. We cannot have that freedom, promote will continue down the path towards First of all, we made a commitment in democratic values, stop the prolifera- democracy and prosperity and sta- supporting and encouraging the tion of weapons of mass destruction bility. Israelis and Palestinians to get to- and build our economy by promoting So I urge my colleagues to join in gether on the peace accord, in the Wye our exports on the cheap. support of this rule and the very im- accord, to significantly work and fund So I would hope that our colleagues portant conference report. that accord. The bill provides no fund- would oppose the bill when it comes up. The easy issue which is often ing, to my knowledge, to support the I have no objection to the rule. I urge demagogued around here is to oppose Wye accord. This funding is essential our colleagues to vote no. Let us come foreign assistance. It is something that to support the renewed dedication of back with a good bill we can have con- frankly I have done in years past. I the Israelis and Palestinians to imple- sensus on, that is worthy of a country have done it because in many instances ment the Wye agreement and achieve as great as ours. we were spending much more than we an historic permanent status agree- should. But the gentleman from Ala- b 1330 ment over the next year. We must en- bama (Mr. CALLAHAN) and other mem- sure that the framework of peace is Mr. DIAZ-BALART. Mr. Speaker, I bers of his subcommittee and the con- stabilized by the resources. So I would yield such time as he may consume to ference itself have dealt with these hope that we would reach that point. the gentleman from California (Mr. spending constraints which have been I am also concerned about the cuts to DREIER), the distinguished chairman of imposed on us appropriately, and they development assistance and economic the Committee on Rules. have established priorities. The pri- support fund, the multilateral develop- (Mr. DREIER asked and was given ority for us is to maintain our Nation’s ment banks and debt reduction. The $87 permission to revise and extend his re- leadership position in the world. million cut from debt relief programs marks.) We all recognize that the United for poor countries will damage the Mr. DREIER. Mr. Speaker, I rise in States of America is the world’s only ability of the United States to con- strong support of this rule, and con- complete superpower militarily, eco- tribute to the HIPC trust fund, which gratulate my friend, the gentleman nomically, and geopolitically. Respon- already is in jeopardy or may not be from Miami, Florida (Mr. DIAZ- sibility goes with that, so providing the best. BALART) for his superb handling of this this assistance is really a very, very Last week or 2 weeks ago, with a issue and the very important input small part of that. number of my colleagues, I joined the that he has had in structuring this and It is important to note that much of gentleman from Vermont (Mr. SAND- working closely with the distinguished this assistance benefits the United ERS) and others to challenge the IMF October 5, 1999 CONGRESSIONAL RECORD — HOUSE H9343 for their hypocritical structure of debt This funding is essential to support the re- debt burdens of the poorest countries, the ma- relief for undeveloped nations. If we newed dedication of the Israelis and Palestin- jority of which are in Africa. By not funding this want to give them a fish, as opposed to ians to implement Wye and achieve a historic initiative, which is supported by a wide range giving them the opportunity to rebuild permanent status agreement over the next of faith based and other private sector organi- themselves, then we will continue to year. This is not the time for the United States zations, the Congress will ensure not only that have poverty. Undeveloped nations to renege on its commitments in support of a the U.S. does not contribute its fair share, but want us to teach them how to fish, historic opportunity for peace in the Middle also that the worldwide initiative does not suc- rather than give them a fish. All this East. ceed. so-called debt reduction and helping Implementation of the Wye agreement re- I must oppose the $212 million or 31% cut them with their debt relief keeps them sumed immediately, with the first round of from democratization and economic recovery needing fish, as opposed to relieving prisoner released, followed by the next stage programs in Latin America, Africa and Asia. them of the burdens by providing more of Israeli redeployments in the West Bank, This reduction in the Economic Support Fund infrastructure and support that would and the assumption of permanent status nego- would significantly constrain the United States' help bring down their debt. tiations. The Israelis and Palestinians have ability to respond to a host of threats and new The Heavily-Indebted Poor Countries committed to achieve a framework agreement crises around the world. initiative is supported by a wide range on the most difficult permanent status issues These cuts would force the reduction of pro- of religious and charitable groups, and by February 2000 and a final permanent sta- grams intended to increase political stability was recently agreed to by the G–7 in tus agreement by later that year. I strongly op- and democratization in Africa; support democ- Cologne, and mentioned by our presi- pose the lack of funding for the Wye agree- racy efforts in Guatemala, Peru and Ecuador, dent. We must help bring down the ment in this measure or any efforts that would and bolster democratic and economic reform debt of these developing nations so impede progress in Middle East peace. in Asia, as well as sustain implementation of that they can take the lead on social I am concerned about the cuts to Develop- the Belfast Good Friday Accord. Cuts to these issues in their countries like HIV- ment Assistance and Economic Support Fund, accounts will not permit the United States to AIDS, like education, like health care, the Multilateral Development Banks and debt provide sufficient funds for numerous priorities like housing. reduction. The $87 million cut from Debt Relief in Africa. I am concerned that as we applaud I supported vigorously the African programs for poor countries will damage the democracy, we are not willing to support it. I Growth and Opportunity Act, which ability of the United States to contribute to the am concerned that during their critical transi- provides an opportunity for trade to be HIPC Trust Fund, which is an essential com- tion periods, we may not be able to support used as a tool to economic advance- ponent of current debt reduction programs as emerging democracies like Nigeria. ments, but cannot have the intended well as of the Cologne debt initiative. This At a time when natural disasters and man- effect unless the debt burden of these massive reduction equates to a 72% cut from made conflicts are causing unprecedented countries is adequately addressed. the Debt Relief programs. The developing na- damage throughout the world, Congress has The African Growth and Opportunity tions of the world have developed strategies cut the International Disaster Assistance and Act is a trade bill. I support it. The Af- and plans to alleviate some of the debt burden Voluntary Peacekeeping requests by over 25 rican Growth and Opportunity Act will of poorer countries. The expanded Heavily In- percent. This dramatic reduction in funding for change how America does business debted Poor Countries (HIPC) initiative is sup- Voluntary Peacekeeping operations would de- with Africa. African countries want an ported by a wide range of religious and chari- crease funds available for the Organization for equal trading relationship, but we at table organizations, and was agreed to by the Security and Cooperation in Europe mission the same time must deal with the enor- G±7 in Cologne. It is critical that the United Bosnia and Croatia, significantly reduce assist- mous amount of debt they must serv- States demonstrate its leadership by providing ance for the African Crisis Response Initiative ice. the necessary funding support for the first year and African regional peacekeeping operations, I have in that provision, the African of this initiative, which enjoys bipartisan and such as ECOMOG, and eliminate funding for Growth and Opportunity Act, a sense of international support. Haiti. Congress for corporations to develop an The debt issue is one that cannot be ig- Such a substantial reduction would raise AIDS fund to compliment what we are nored as the United States establishes a more international concern that the United States doing in the Federal Government. But mature trade relationship with Sub Saharan may not support its fair share of the inter- I can tell the Members that if we do Africa. The African Growth and Opportunity national police force that will help to imple- not have debt relief, we are going to Act provides an opportunity for trade to be ment the Kosovo peace settlement, for which see these countries go down, down, used as a tool to economic advancement but new resources will be needed. The conference down into a hole of no return. cannot have the intended effect unless the initiative cuts funding for international peace I would ask that we send this bill debt burden in these countries is adequately by 41%. Adequate funding its critical for sup- back and have it fixed, though I sup- addressed. African Growth and Opportunity port of regional peacekeeping activities such port the family planning efforts, and will change how America does business with as ECOMOG that has helped to maintain sta- get us a real foreign operations bill. I Africa. It seeks to enhance US-Africa policy to bility and avert the kind of humanitarian disas- thank Members for their work. increased trade, investment, self-help and se- ters that require much greater expenditure of Mr. Speaker, I rise to express my concern rious engagement. It seeks to move away resources. regarding the Foreign Operations Appropria- from the paternalism which in the past charac- The severe cuts in the conference bill to tions Conference Report. This legislation sim- terized American dealing with Africa by en- provide assistance to the NIS will make it im- ply does not provide enough funding to carry couraging strategies to improve economic per- possible to implement the Enhanced Threat out an effective foreign policy. It cuts Amer- formance and requiring high level interactions Reduction Initiative (ETRI). The primary objec- ican assistance to those who most urgently between the U.S. and African governments on tive of the ETRI is to reduce the threat of need it throughout the world and ignores some trade and investment issues. The debt burden weapons of mass destruction falling into the of our most pressing foreign policy priorities. must be addressed. hands of rogue states. The bill effectively pro- Since the mid-1980's the resources devoted Payments on unsustainable debt have left vides no resources to continue ETRI and re- to our foreign assistance programs have many poorer countries facing the tough deci- duces U.S. ability to prevent and terminate steadily declined. Some of these decreases sions of making debt payments or delaying international security threats in Russia and the have been prudent reductions as we exam- necessary social, health, education or other NIS. ined our international and multilateral commit- programs designed to improve quality of living. I thank my colleagues for increased funding ments. However, these massive cuts in fund- Humanity is less than ninety nine days short to combat HIV/AIDS. Of 5.8 million adults and ing currently are threatening America's ability of the year 2000. Yet, poorer countries are still children newly infected with HIV during 1998, to maintain a leadership role in a rapidly faced with 80 percent illiteracy rates, lack of 4 million live in sub-Saharan Africa. AIDS in changing world. food security, diseases affecting their children sub-Saharan Africa is a growing disaster. The Wye accord between Israel and the that are nonexistent in developed countries, UNAIDS has declared HIV/AIDS in Africa an Palestinians was a significant diplomatic effort and other malaise that should be eliminated. ``epidemic out of control''. on behalf of our country. The credibility of our Debt reduction must be fully funded. The Each and everyday, more than 16,000 addi- country should not be put in a compromising Congress must not ignore the historic oppor- tional people become HIV positive, and most position by this Congress. The bill provides no tunity presented by the Cologne debt reduc- live in sub-Saharan Africa where in South Afri- funding to support the Wye accord. tion initiative to reduce the unmanageable ca alone, 1500 people become HIV+ each H9344 CONGRESSIONAL RECORD — HOUSE October 5, 1999 day. Among children under 15, the proportion million. Maybe we ought to consider do if I were in his position, during this is 9 out of 10. To date 82% of all AIDS deaths that. last year and a half of his presidency. have been in the region and at least 95% of Maybe we ought to limit the ability He wants to travel around the world. all AIDS orphans have been in Africa. It is es- of the President and the Vice President He wants more money to hand out. timated that by the year 2010 AIDS will or- and the First Lady to travel. Number We do not have more money. The phan more than 40 million children, with 95% one, his trip to Africa cost the tax- only way to get more money is through in sub-Saharan Africa. payers $47 million because he took so new taxes, through possibly jeopard- Additional funds to combat HIV/AIDS are al- many people with him. But that is not izing social security or breaking the ways welcome and I urge my colleagues to our problem. Our problems are the budget caps. I urge Members to bring acknowledge this threat to mankind by ad- commitments that he makes. this bill up, vote for this rule, and let dressing the international crisis. Every time the President meets with us indeed debate this. If it fails and the I thank my colleagues for funding the United a foreign dignitary, they have a toast, President wants to veto it, let him veto Nations Population Fund (UNFPA), a vital pro- which is appropriate. But every time it. gram, which provides valuable voluntary family they make a toast, the President of the I talked to the President the other planning and other services in over 160 coun- United States says, here is my commit- night. I promise the Members, I think tries. ment to you. I am going to give you I had him convinced that I was right, I oppose the use of U.S. funds to lobby for some more money. Then they run over that this is as much as he is going to or against abortion. U.S. funds should not be here and say, this is an obligation of get. The President said, ‘‘Well, Sonny, used in such a political debate. Governments the United States. How can we possibly maybe you are right. Maybe you are should address those issues independently of not fulfill our obligations? right. But,’’ he says, ‘‘I need to talk U.S. appropriated monies. Mr. Speaker, this does not mean it is with my people.’’ I said, ‘‘I will tell you In closing, I must urge my colleagues to join an obligation of the United States what, Mr. President, I will let you go me in opposing H.R. 2606. Low funding levels when the President of the United at this point if you will invite me in translate to bad policy choices. At such fund- States raises his glass of wine to some the same room when you talk to your ing levels, there will be no choice other than foreign leader and says, I am going to people, to let me tell them what I have to keep considering supplemental appropria- send you $50 million. We do not have just told you about the merits of this tion request and budget amendments. the money. bill. And the President said, ‘‘Well, Mr. DIAZ-BALART. Mr. Speaker, I The gentlewoman from California maybe you are right. I will do that.’’ am honored to yield 5 minutes to the and I have worked so very well to- But unfortunately, at 9 o’clock that gentleman from Alabama (Mr. CAL- gether. She told me not to mention so- night, Sandy Berger called back and LAHAN), the chairman of the sub- cial security. I am not going to say, said they did not think it was wise for committee on the Committee on Ap- even though it is a reality, if we give me to get into the same room with propriations who has done superb work the President $2 billion more that he is Madeleine Albright, with Sandy on this bill. asking for, it is going to impact social Berger, and Bill Clinton, because they (Mr. CALLAHAN asked and was security. knew that logically, and I say to the given permission to revise and extend I apologize to the gentlewoman from gentlewoman from California (Ms. his remarks.) California for saying that, and I will PELOSI), they knew that logically I was Mr. CALLAHAN. Mr. Speaker, I not say it anymore until the bill comes correct, and that if indeed I were able thank the gentleman for yielding this up. But let me tell the Members, in to get them all in the room, no one time to me. this bill no one, no one in this debate, could convince the President otherwise Mr. Speaker, this bill is always a dif- no one in the Committee on Rules, no of the merits of this bill at this par- ficult bill. It requires some difficult ne- one on the floor of the House, no one by ticular time. gotiations. But for the past 5 years, telephone call has called me and said, Mr. HALL of Ohio. Mr. Speaker, I with my handling of this bill, we have ‘‘Sonny, you did not treat Lebanon yield 2 minutes to the gentlewoman worked in a very bipartisan manner to right, you did not treat Armenia right, from New York (Mrs. MALONEY). satisfy or to attempt to satisfy the you did not treat Georgia right, you Mrs. MALONEY of New York. I needs of both sides of the aisle. did not treat Africa right,’’ because we thank the gentleman for yielding time I think this year is certainly no dif- worked in a bipartisan fashion to make to me, Mr. Speaker, and I appreciate ferent, because not one Member on the absolutely certain that we did have a very much the leadership of the gen- other side at any point in this debate bipartisan bill. tleman from Alabama (Mr. CALLAHAN) has ever come to me and said, ‘‘Sonny, So we have a bipartisan bill, and it is and the gentlewoman from California I think there is something wrong in $2 billion less than the President re- (Ms. PELOSI). your bill.’’ They did not say, ‘‘You left quested at this point. He just came last I rise on the rule, and I am speaking out Colombia, because we put Colom- week and asked for another $100 mil- in opposition to the outrageous under- bia’s needs in there. They did not say, lion for another of his pet projects. In lying bill, although there are many ‘‘You left out Africa,’’ because we re- addition to that, he wants $2 billion positive initiatives, like increasing sponded to those who were interested more to give to Israel and to Jordan funding for security at our embassies in Africa. We did not leave out Israel, and to the Palestinian authority be- abroad. we did not leave out Jordan, we did not cause of the Wye agreement. b leave out many of the foreign countries He is going to need some additional 1345 that so many of the Members are inter- money, he says, for Kosovo, even There is zero funding for the impor- ested in, because we worked in a bipar- though we responded to the wishes of tant Wye agreement, the Middle East tisan spirit to draft a bill. this House on Kosovo by saying, we are peace agreement. I must say that I ap- So the only problem we have here is not going to participate in reconstruc- plaud the conferees for their bipartisan this insatiable desire on the part of the tion in Kosovo unless the European agreement to restore funding for the President to give away American tax- community puts up 85 percent of the United Nations Family Planning As- payer money. They talk about revenue money. sistance and for the bipartisan agree- enhancement programs. I think the We have done everything they asked. ment to strip out any antichoice rid- President calls it offsetting receipts. In We have responded to all of our sub- ers. These are two important policy Alabama we call it taxes, but the committee members, our full com- initiatives that are precedent setting President says he wants some offset- mittee members, and to every Member that will be part of the underlying bill ting receipts, so let me suggest one. in this House who has come to me and that returns to this House. Maybe we could charge every foreign said, we think you ought to do some- Mr. Speaker, next week, our world dignitary that comes into the White thing. We have done every responsible reaches 6 billion in population and the House $1 million, because every foreign thing we can do except satisfy this in- decisions that we make on UNFPA and dignitary who walks into the White satiable appetite for money that Presi- on other policy decisions will deter- House comes out with a commitment dent Clinton has that he wants to hand mine whether this number quickly dou- from anywhere from $1 million to $50 out as he makes his travels, as I would bles or whether we move more slowly. October 5, 1999 CONGRESSIONAL RECORD — HOUSE H9345 Funding UNFPA will save lives, mater- Mr. HALL of Ohio. Mr. Speaker, I Mr. PALLONE. Mr. Speaker, I rise in nal health, child health, and I applaud yield 21⁄2 minutes to the gentleman opposition to the fiscal year 2000 for- the conferees for their bipartisan sup- from Ohio (Mr. KUCINICH). eign operations bill, but I do want to port of putting UNFPA in and taking (Mr. KUCINICH asked and was given indicate support in the way this legis- Mexico City out. permission to revise and extend his re- lation affects U.S. policy towards Ar- Mr. GILMAN. Mr. Speaker, will the marks.) menia and India. gentlewoman yield? Mr. KUCINICH. Mr. Speaker, first of First, I want to express my apprecia- Mrs. MALONEY of New York. I yield all, I want to thank my colleagues on tion to the conferees, particularly the to the gentleman from New York. both sides of the aisle who have worked gentleman from Alabama (Chairman Mr. GILMAN. Mr. Speaker, I thank so hard on this bill. Unfortunately, al- CALLAHAN) and the gentlewoman from the gentlewoman from New York (Mrs. though it is a difficult bill, there are California (Ms. PELOSI), the ranking Maloney) for yielding to me. She raised many reasons to oppose it. We have member, for their continued attention the issue about the Wye agreement, had the gentlewoman from New York to Armenia, Nagorno Karabagh, and and I am pleased to note we have just (Mrs. MALONEY) indicate some of them. the entire South Caucasus region. received a letter from AIPAC dated Oc- Some will oppose it because of the This year’s legislation provides some- tober 5, and it was sent to the gen- Mexico City provisions. Some will op- what more assistance to Armenia than tleman from Alabama (Chairman CAL- pose it because of various foreign aid we provided in the last fiscal year, LAHAN). proposals in here. I am going to oppose $89.67 million or 12.2 percent of the It reads, ‘‘Chairman CALLAHAN, we it because it took out the language total of $735 million for the New Inde- are writing to express our support for which the House voted, in which it pendent States of the former Soviet the conference report on H.R. 2606, the stopped money from going to keep the Union. The conference report also spec- fiscal year 2000 Foreign Operations Ap- School of the Americas program. ified that 15 percent of the funds avail- propriations Bill which contains fund- In 1980, four U.S. churchwomen were able for the South Caucasus region be ing for Israel’s regular aid package, in- brutally murdered in El Salvador. One used for confidence-building measures cluding provisions for early disbursal, of them was a good friend of mine, Sis- and other activities related to regional offshore procurement and refugee set- ter Dorothy Kazel from Cleveland. In conflicts including efforts to achieve a 1989, six Jesuit priests were massacred tlement. The Middle East peace process peaceful resolution of the Nagorno in El Salvador. Archbishop Oscar Ro- is moving forward. Both Israel and the Karabagh conflict. mero and Bishop Juan Gerardi of Gua- Palestinians are committed to resolv- The House version of the legislation temala were assassinated. Almost 100 ing issues between them within a year. contains several report language provi- of the El Mozote community in El Sal- It is important that Congress support sions that would contribute greatly to vador were massacred. In 1992, nine Israel as this process moves ahead. And peace and stability in the South students and a professor were killed in we therefore also hope and urge that Caucasus region. The administration Peru. In 1997, 30 peasants in the Colom- Congress find a way to fund assistance should follow through on the policy di- bian village of Mapiripan were mas- to the Wye River signatories before the rectives contained in the House report sacred. end of this year.’’ Mr. Speaker, these people were inno- which are now incorporated in the con- The gentleman from Alabama (Mr. cent civilians and missionaries work- ference report. The House report spe- CALLAHAN) has assured us that he will ing for peace and justice, and they were cifically directs the Agency for Inter- be working in the conference to try to brutally killed by officers who received national Development to expedite de- obtain sufficient funding for the Wye their training from the United States livery of $20 million to the victims of River agreement. This is a very com- Government at the School of the Amer- the Nagorno Karabagh conflict. The plicated measure, but it covers many of icas, and the rule of the House should people of Nagorno Karabagh suffered our concerns, and I want to commend have stayed. We should have elimi- during their war of independence with the gentleman for working out a very nated those funds, and no one who Azerbaijan, and their need for help con- difficult foreign operations measure, cares about peace and justice should tinues to be significant. They should and it deserves the support of our en- vote for the rule or the bill. not be discriminated against in terms tire House. Furthermore, another reason to op- of receiving humanitarian assistance Mr. DIAZ-BALART. Mr. Speaker, I pose this bill, American tax dollars simply on the basis of where they live. yield myself such time as I may con- have been used to blow up water sys- The administration should also heed sume. tems, sewer systems, bridges, railroad the House report language regarding Mr. Speaker, I simply want to reit- trains, buses, tractors, hospitals, li- the peace process for Nagorno erate something very important that braries, schools and homes, killing and Karabagh, stating that assistance to the gentleman from Alabama (Chair- maiming countless innocent women the governments of the region should man CALLAHAN) said. The gentleman and children. In Yugoslavia, Serbia was be proportional to their willingness to pointed out that obviously there could wrong to wage war on the Kosovar Al- cooperate with the Minsk Group. And always be more requests for more banians. NATO was wrong to bomb Bel- finally, I want to applaud the conferees money. But he explained what was grade, and we are wrong to further pun- from both bodies who have maintained done within the resources available, ish Serbia by making them a terrorist section 907 of the Freedom Support not doing three things which we refuse nation which stops any opportunity for Act. to do. Raise taxes. We refuse to raise democratic opposition to grow to Turning to India, I want to thank the taxes. Bust the balanced budget. We Milosevic. If we want to get rid of conferees and particularly the gentle- refuse to bust the balanced budget. Or Milosevic and give the Serbian people woman from California (Mrs. PELOSI), go into the Social Security Trust an opportunity to grow a democracy, the ranking member, for not adopting Fund. We refuse to go into the Social do not make it a terrorist nation. a provision in the Senate version of the Security Trust Fund. This Congress has messed up the pol- legislation singling out India as one of So not doing those three things, we icy in Iraq by not forcing the adminis- a handful of nations that would have to are doing a good job of funding the tration to come to an accounting on receive special congressional approval Government’s needs, including the very that, and we are going to do the same before the allocation of foreign aid. important programs that our friends thing in Serbia by letting this legisla- Section 521 of the Senate bill talked on the other side of the aisle have tion pass which puts them as a ter- about special notification require- pointed out. rorist nation. It is time that we stand ments for countries such as Colombia, So, Mr. Speaker, this is very impor- up for what is right and for a future Haiti, Liberia, Pakistan, and also in- tant work that the subcommittee has where we really can have peace. cluded India in this list; but the House brought forward in the context of this Mr. Speaker, I urge my colleagues to conference report does not, and I want conference report. We need to get it vote against the bill. to thank the conferees for making that passed. Mr. HALL of Ohio. Mr. Speaker, I change. Mr. Speaker, I reserve the balance of yield 2 minutes to the gentleman from Mr. DIAZ-BALART. Mr. Speaker, I my time. New Jersey (Mr. PALLONE). yield 5 minutes to the distinguished H9346 CONGRESSIONAL RECORD — HOUSE October 5, 1999 gentleman from California (Mr. allow the world to grow up and start sus for hundreds and hundreds of years. BILBRAY). paying some of their bills and quit That was a way they could bust the (Mr. BILBRAY asked and was given looking to Washington and quit look- budget caps and go around it. Perhaps permission to revise and extend his re- ing to the United States to be the by the same nonsense, we could declare marks.) sugar daddy to pay for everything. We foreign aid an emergency. Mr. BILBRAY. Mr. Speaker, I would may be Uncle Sam, but we are not So let us not be lectured by the Re- like to at this moment actually praise Mom and Dad to the world. But we are publicans about fiscal responsibility the gentleman from Cleveland, Ohio Mom and Dad to our children and our because the tax break for the rich that (Mr. KUCINICH), who came up and says grandchildren, and we are the children the President was courageous enough he is going to oppose this bill. And I of our parents who want our Social Se- to veto would have killed Social Secu- am praising him because at least he is curity Trust Fund to be left alone. rity for us, for our children, and for our going to oppose this bill for a concept So, Mr. Speaker, I ask those who grandchildren for many, many years to and a reasonable concept that I think stand up to oppose this bill, I ask them come. the American people could understand, to stand up and point up, as the gen- Now, I am a big supporter of foreign and that is we are spending money on tleman from Ohio (Mr. KUCINICH) did, aid, and I am embarrassed by this bill. something that he has some concerns where they want the money taken out I am embarrassed by it because there is about. But at least the gentleman from of this bill. But do not stand up and an isolationism bent in the Republican Cleveland is standing up and saying talk about how we need to spend more Party where, every year, we provide that the bill is spending money that he money overseas and then stand up to- less and less monies for foreign aid. does not want spent. morrow and talk about what are we Now, we can all get up and give a In a time to where we are struggling going to do to protect the Social Secu- great speech about how we need the money for home and we need to build to try to make sure we do not continue rity Trust Fund. the crime of raiding the Social Secu- There is an obligation here that when housing and build schools, and we need all that. But the United States is also rity Trust Fund, at a time that we are we come to oppose something that we the leader of the world. We used to say trying to finally address the national also provide the answers. If we are not the leader of the free world when we debt, at a time to where we are finally spending enough money where my col- had the Soviet. Now we say the leader trying to bring some fiscal credibility leagues want to spend it in this bill, and live within a budget, at least the of the world. show us where we take it out of some- Unfortunately, our friends on the gentleman is coming forward and say- where else to move it over. I ask that ing, ‘‘I am opposing this bill because it other side of the aisle, the minute the we all have the fiscal responsibility Soviet Union collapsed, most of them is spending money.’’ that goes along with the privilege of But there are speaker after speaker saw no further need for the responsible being a representative of the House of foreign aid. The fact of the matter is, after speaker who will oppose this rule Representatives. and then justify it because we are not no one made us the leaders of the If Members want to spend the money, world. We chose to pick up and take spending enough money all over the tell us where it is going to go, which world. The gentleman from Ohio at the mantle. committee it is going to come out of, With leadership comes responsibility, least is consistent at saying let us pro- whose trust fund it is going to come and we do not have enough money to tect Social Security and stop spending out of, and will the seniors or the chil- fulfill our foreign aid obligations in here. The gentleman from Alabama dren of America be asked to pay for a this bill. I have gone around to foreign (Mr. CALLAHAN), chairman of this com- debt that we are incurring overseas be- capitals and seen our embassies and mittee, has come forward with a pro- cause we do not have enough guts to seen our hard-working Americans do posal that is moderate and reasonable. tell the rest the world enough is the best they can with what they have Let me say this to the gentleman and enough. We are going to take care of had, and I am embarrassed by it. Be- to the ranking member, thank you for our own first. cause there is not enough money to taking the abortion issue out of this b 1400 have embassies and to have fully debate. It is something that a lot of us staffed embassies and to have the types Charity starts in America. Commit- really hate every year. of programs that the United States as ments start in America. Then and only But now to oppose this bill and op- the leader of the free world needs. pose this rule because we are not then, after we have paid for our domes- This bill is $1 billion less than last spending enough American money tic commitments to our seniors and year. It is $2 billion less than what the overseas is absolutely absurd. And our children, will we be talking about President asked for. It has no money some of my colleagues may not think making any new commitments to the for the Wye Accords. We talk about a the American people understand it, but rest of the world. fight with the Soviet Union. We won it is their money. Can we not have a Mr. HALL of Ohio. Mr. Speaker, I the Cold War. Now we are going to foreign aid policy that does not require yield 3 minutes to the gentleman from throw it all away. us to take from our grandparents’ So- New York (Mr. ENGEL). Developmental funds for Africa are cial Security or take from our chil- Mr. ENGEL. Mr. Speaker, I thank cut. All these emerging Nations, we dren’s future to be able to be an inter- the gentleman, and I really do not say we want them to have democracy national leader? Do we have to buy our think that the Chamber needs to be and free market economy; and then we way into our standard as the world’s lectured by the Republican majority do not put our money where our mouth superpower? about fiscal responsibility. They can- is where a little bit of money would Is this something that comes with a not even come up with a budget. We just go a long, long way. slip of paper and a little bill that says, still have not passed a budget. Every Foreign aid, 75 to 80 percent of the Excuse me, American taxpayer, if you budget they come up with raids the So- foreign aid that we give comes back to want to claim to be the greatest Na- cial Security Trust Fund. the United States in terms of pur- tion in the world, you have to buy it They came up with an irresponsible chasing American goods and services. year by year by sending your money huge tax break for the wealthy, which So it stimulates our economy, and it is out of Social Security or your money would have destroyed the Social Secu- good as well. out of your children’s savings account rity tax fund, which would have dipped Now, this is such a terrible bill that to another country that then God into the Social Security tax fund. Then the Republican leadership prepared for knows what happens to this money? they get up on the floor and attempt to days and days and weeks and weeks Everybody knows that. Some may portray themselves as the party of fis- have been putting this bill on and pull- not believe that the American people cal responsibility. They have busted ing it back. They do not have the votes understand foreign aid. And I think the budget caps. to pass this bill. I say we should let they respect a reasonable aid for a rea- They have just been devious about it them go back to the drawing boards, sonable amount of time. But I think and have gone around it by declaring come up with a responsible bill that we the American people are saying enough the census an emergency when we all can be proud of so America can lead is enough. The time has come that we know that this country has had a cen- again. October 5, 1999 CONGRESSIONAL RECORD — HOUSE H9347 Mr. DIAZ-BALART. Mr. Speaker, I This legislation also has important cuss with other Nations of the world yield myself such time as I may con- contributions to UNFPA and other how we are going to move forward and sume. international programs, which I fully how we are going to deal with climate Mr. Speaker, I think it is important support and have urged my colleagues change. This has been infecting other to point out just a few things. The es- to support. In fact, I thank the con- bills. We should stop it right here. sence really of the debate today is ferees and the gentleman from Ala- In the last few days, we have debated whether, as the gentleman from Cali- bama (Chairman CALLAHAN) for ful- other antienvironmental riders. This is fornia (Mr. BILBRAY), the previous filling the will of the authorizers and one dealing with perhaps the most in- speaker, pointed out, more money the intent of the House by including sidious environmental problem that we which, except for one speaker on the funding for UNFPA, which I offered as have. Because, while 15 of the hottest other side of the aisle, insufficient an amendment earlier this year. How- years in human history have been in amount of money is the reason for ever, a no vote on this bill is a vote in the last 15 years, while the tempera- their opposition to the bill. That is a favor of a strong U.S. foreign policy ture has risen so that we are having legitimate discrepancy. We refused to and a vibrant foreign assistance pro- droughts in the Midwest and places of go into the Social Security Trust gram. Antarctica breaking up and places in Fund. Mr. Speaker, the numbers in this re- the Tundra changing. While we are Now, with regard to what the distin- port are clear. They speak for them- doing this, the majority puts in an- guished gentleman from New York (Mr. selves. This legislation is nearly $2 bil- other antienvironmental rider that ENGEL) just stated, U.S. embassies and lion below the President’s request for tells us we should do nothing about consulates, they are in another appro- foreign assistance. Almost every major this problem. priations bill in the State Department; account is underfunded. Well, the one thing I can be sure of Commerce, State, Justice, that bill, The conference report does not in- about climate change is that we cannot not in this one. clude the $87 million for debt relief ini- lead in the position of the ostrich. We Now, it is important to point out tiatives for the poorest countries, and cannot lead the world in solving this again, and I reiterate it, we made a de- it cuts $200 million from economic de- problem by sticking our heads in the cision, the leadership, and we are velopment and democracy-building sand and allowing other places of anat- standing firm behind our leadership on programs in Africa, Asia, and Latin omy to be out and exposed to the wind. this. We are not going to go into the America, to name just two important We have got to start leading to a solu- Social Security Trust Fund. We are not initiatives which will be hampered by tion of climate change. going to do it. We made that decision. this report. If we kill this rule today, and it We are sticking to it. Obviously, it sub- Additionally, this legislation has no might be a close vote, so I hope Mem- money, not one single dollar, to fulfill jects us to pressure. We see argument bers may consider this, if my col- our commitment to the Wye agreement after argument after argument that leagues want to stand up against an to the Middle East Peace Process. I they want more and more and more antienvironmental rider, cast a no vote have a great deal of respect for the gen- money. on this rule. Let us show some leader- tleman from New York (Mr. GILMAN) Many of the programs that they talk ship. and APAC, and I am sorry to about are probably good programs. But Mr. DIAZ-BALART. Mr. Speaker, I disagreewith my Chairman, but as the we are going to stick to our commit- yield myself such time as I may gentleman has stated there is no Wye ment. We are not going to go into the consume. funding in this bill at this time, and it Social Security Trust Fund. We are not Mr. Speaker, I assume that the dis- ought to be there. tinguished gentleman from Washington going to do it. Mr. Speaker, the President has made (Mr. INSLEE) was referring to the Kyoto This is a good work product. We want his position crystal clear; increase Treaty, which has to be, pursuant to to bring it to the floor. This rule does funding for foreign assistance and in- our constitutional system of advice so. We deserve to get into the details of clude the Wye funding or he will veto and consent of the Senate, has to be the debate. The gentleman from Ala- the legislation. I know it. My col- bama (Mr. CALLAHAN), our chairman, leagues know it. The Republican lead- given consent by the Senate. So that is the prime author of this legislation is ership knows it. Yet, here we are, with an issue obviously that is of great im- ready to provide the details and go into legislation that fails to fund U.S. for- portance and is a decision that the the details of this debate in depth. eign policy priorities and threatens Senate will have to make. But we need to pass this rule in order stability in the Middle East. Mr. Speaker, we have no further to get that debate. It is a procedural Mr. Speaker, this conference report speakers at this time with regard to rule. It is a standard procedural rule, is bad for America, it is bad for the the rule. It is a procedural rule. This is bringing forth the negotiation between Middle East peace process, and it is a procedural rule. We seek to bring the the House and Senate known as the just plain bad policy. I urge my col- conference report to the floor. That is conference report that is finalized for leagues to live up to our commitments, why we have to pass the rule first. foreign aid. support the President and vote against Once we pass the rule, the gentleman So we are ready to go, Mr. Speaker. this antiforeign aid bill. from Alabama (Mr. CALLAHAN), the Mr. Speaker, I reserve the balance of Mr. HALL of Ohio. Mr. Speaker, I prime author of the conference report my time. yield 2 minutes to the gentleman from who has provided a tremendous amount Mr. HALL of Ohio. Mr. Speaker, I Washington (Mr. INSLEE). of leadership, as well as hard work on yield 2 minutes to the gentleman from Mr. INSLEE. Mr. Speaker, I rise in this issue, is ready. New York (Mr. CROWLEY). vigorous opposition to this rule and to The gentleman from Alabama (Mr. (Mr. CROWLEY asked and was given this bill. I would like to alert the Mem- CALLAHAN) is ready to delve into the permission to revise and extend his re- bers of this chamber of something they details. He has pointed out how any marks.) may not have heard; and that is, buried and all requests that were made of him Mr. CROWLEY. Mr. Speaker, I do not in this bill is yet another one of the in- by our distinguished friends on the necessarily oppose the rule before us, sidious repeated antienvironmental other side of the aisle, he did his ut- but today I am forced to cast a very riders that have so infected our appro- most to comply with. Yet, we are see- difficult vote against the conference priations process. ing now systematic opposition gen- report to the Fiscal Year 2000 Foreign Because hidden in this bill is an erally because our friends on the other Operations Appropriations bill. amendment that would prevent the side of the aisle want more money. But It is unfortunate that strong sup- United States of America from engag- they want more money for everything. porters, like myself, of foreign assist- ing, engaging in a discussion with the So what we are trying to do, Mr. ance to countries such as Israel, Co- developing world on how to get them to Speaker, is to bring forth, get to the lumbia, Armenia, India, and Egypt are start help dealing with the problem of debate on this foreign aid conference being placed in a position where it is climate change. report. But in order to get to the de- necessary to vote against assistance There is no reason in this bill or any bate on the foreign aid conference re- for those priority countries. other bill to shackle our ability to dis- port, we have to pass the procedural H9348 CONGRESSIONAL RECORD — HOUSE October 5, 1999 rule to do so. That is what we would continue to cut back on these funds The previous question was ordered. like to do. that are so invaluable to our own The resolution was agreed to. Mr. Speaker, I reserve the balance of workers and that would help the world A motion to reconsider was laid on my time. so much. the table. Mr. HALL of Ohio. Mr. Speaker, I We do have a responsibility. It is in- f yield myself such time as I may teresting that when we ask Americans PROVIDING FOR CONSIDERATION consume. how much they think of the Federal OF H.R. 764, CHILD ABUSE PRE- Mr. Speaker, I would say that I do budget we spend on foreign aid, every VENTION AND ENFORCEMENT not have a problem with this rule. I do poll will show that the American peo- ACT not think many people over here do ei- ple believe that we spend somewhere ther. I am not going to ask for a roll between 18 and 22 percent of our total Ms. PRYCE of Ohio. Mr. Speaker, by call on the rule. I think the rule is in budget on foreign aid. And the fact is direction of the Committee on Rules, I good shape. It is the proper order for a that is wrong. We spend less than 1 per- call up House Resolution 321 and ask conference committee to have a rule cent of our total budget on foreign aid, for its immediate consideration. like this. and it is going down. The Clerk read the resolution, as fol- I will oppose the bill when the bill The area that I care so much about, lows: comes up for a vote. The reason why I humanitarian aid, is less than one-half H. RES. 321 oppose the bill is that I do not really of 1 percent. Maybe someday we should Resolved, That at any time after the adop- have a problem with what the gen- separate political and diplomatic aid tion of this resolution the Speaker may, pur- suant to clause 2(b) of rule XVIII, declare the tleman from Alabama (Mr. CALLAHAN) from humanitarian aid and really fund House resolved into the Committee of the has done and his staff. I think they it and solve some of these problems Whole House on the state of the Union for spent money they were given. They like polio and TB. We know how to lick consideration of the bill (H.R. 764) to reduce made the proper choices as to the allo- this. We know how to feed people, and the incidence of child abuse and neglect, and cation and some of the earmarks, espe- yet we do not do it. for other purposes. The first reading of the cially relative to child survival funds I know the leadership has taken a po- bill shall be dispensed with. All points of and basic education. sition on this of no more money for order against consideration of the bill are The problem that I have had in the these programs. But they are wrong, waived. General debate shall be confined to last 10 years with the foreign budget or and we disagree with them, and that is the bill and shall not exceed one hour equal- why so many of us are going to vote ly divided and controlled by the chairman the foreign appropriation budget is, and ranking minority member of the Com- and I testified before the gentleman against the bill. So I say the rule is mittee on the Judiciary. After general de- from Alabama (Mr. CALLAHAN) is that okay, vote for the rule, but when this bate the bill shall be considered for amend- there are so many areas of this foreign bill or this conference report comes up, ment under the five-minute rule. The bill aid budget that are lacking. vote against it. shall be considered as read. Points of order We have cut the development assist- Mr. Speaker, I have no further re- against provisions in the bill for failure to ance fund by 50 percent in the last 10 quests for time, and I yield back the comply with clause 4 of rule XXI are waived. years. If there is one thing that the balance of my time. During consideration of the bill for amend- ment, the Chairman of the Committee of the American people have said, when we in- Mr. DIAZ-BALART. Mr. Speaker, I yield myself such time as I may Whole may accord priority in recognition on vest money overseas, invest it in a way the basis of whether the Member offering an in which people can start to take care consume. amendment has caused it to be printed in the of themselves and be self-sufficient. We heard multiple speakers on the portion of the Congressional Record des- But the very thing that they want we other side of the aisle with regard to ignated for that purpose in clause 8 of rule have cut by 50 percent. the issue, and all but two said that XVIII. Amendments so printed shall be con- We have cut Peace Corps this year. their opposition to this foreign aid bill sidered as read. The Chairman of the Com- We have cut a lot of programs relative was because there was not enough mittee of the Whole may: (1) postpone until a time during further consideration in the to humanitarian aid of which we could money. I just want to be clear that even though we on this side of the aisle Committee of the Whole a request for a re- be a leader, and we have been the lead- corded vote on any amendment; and (2) re- er for years. There are so many things are standing firm behind our leadership duce to five minutes the minimum time for to do in this world and our own coun- in not raising taxes, in not busting the electronic voting on any postponed question try that we have the ability to do it. balanced budget, in not going into the that follows another electronic vote without One does not have to be a rocket sci- Social Security Trust Fund, despite intervening business, provided that the min- entist to figure out how to feed people, that, on this bill for foreign aid we imum time for electronic voting on the first how to give medicines to people, how have $12.617, that is almost $13 billion. in any series of questions shall be 15 min- to immunize people. We have eradi- That is almost $13,000 million for for- utes. At the conclusion of consideration of the bill for amendment the Committee shall cated smallpox in the world. With just eign aid. I want to commend the gentleman rise and report the bill to the House with a little bit more money, we could start such amendments as may have been adopted. to eradicate polio and TB and those from Alabama (Mr. CALLAHAN) for his The previous question shall be considered as kinds of diseases that are easy. This is extraordinary job. I think this has been ordered on the bill and amendments thereto not a hard thing to do. a very good example of the underlying to final passage without intervening motion We know logistically how to get food difference that separates the two sides except one motion to recommit with or with- to people. We know how to immunize of the aisle. With only two exceptions, out instructions. people. We know how to feed people. At every single speaker on the other side The SPEAKER pro tempore (Mr. the same time, we should not be giving of the aisle got up and opposed this leg- THORNBERRY). The gentlewoman from it from government to government. We islation because there is not enough Ohio (Ms. PRYCE) is recognized for 1 should be giving it through our NGOs, money in it. And so there is a funda- hour. the nonprofit organizations, the mental difference, but a very good job Ms. PRYCE of Ohio. Mr. Speaker, for CARES, and the World Visions, and the has been done by our side, our leader- purposes of debate only, I yield the cus- Catholic Relief Services, and the ship, the chairman of the sub- tomary 30 minutes to the gentlewoman Oxfams, and all of the great NGOs in committee, and so I support not only from New York (Ms. SLAUGHTER), pend- the world, because we get good value this rule but the underlying legisla- ing which I yield myself such time as I for our dollar. tion. may consume. During consideration of Mr. Speaker, this is important, we the resolution, all time yielded is for b 1415 need to get it passed, and that is why the purpose of debate only. Another thing. This is a practical at this point I support the rule and Mr. Speaker, House Resolution 321 is thing that produces jobs. For every urge my colleagues to vote for it. an open rule providing for the consider- dollar we invest overseas, we get $2.37 Mr. Speaker, I have no further re- ation of the Child Abuse Protection back. We do not lose money on this quests for time, I yield back the bal- and Enforcement Act, also known as deal; we gain, and yet year after year it ance of my time, and I move the pre- the CAPE Act. The rule provides for 1 gets more and more frustrating that we vious question on the resolution. hour of general debate equally divided October 5, 1999 CONGRESSIONAL RECORD — HOUSE H9349 and controlled by the chairman and The bill has a host of bipartisan co- Ms. SLAUGHTER. Mr. Speaker, the ranking member of the Committee on sponsors and has been endorsed by a rule for H.R. 764 is an open rule, and I the Judiciary. And as the sponsor of wide variety of groups from every ideo- am pleased to support its consider- this legislation, I would like to take logical background, including the Na- ation. this opportunity to thank the members tional Child Abuse Coalition, Prevent Mr. Speaker, every year, millions of of the Committee on the Judiciary, es- Child Abuse America, National Center children are the victims of child abuse pecially the gentleman from Florida for Missing and Exploited Children, and or are witnesses to terrible violence. (Mr. MCCOLLUM), the chairman of the the Family Research Council. The repercussions of this violence is Subcommittee on Crime, for all of The CAPE Act would make three often felt for the rest of that child’s their work on the bill and their efforts changes to current law: first, the bill life. Study after study suggests that to move this legislation forward. expands a Department of Justice grant children who are victims of child abuse The rule waives all points of order program that helps States provide or neglect are far more likely to run against consideration and against cer- equipment and personnel training for afoul of the law either as adolescents tain provisions of the bill. The bill will closed-circuit television and video tap- or adults. Statistics show that most be open for amendment at any point, ing of children’s testimony in child people who are abusers were abused as and under this open rule any Member abuse cases. Under the CAPE Act, children themselves. who seeks to improve upon the legisla- these grants could be used to provide Even as the crime in some areas is tion may offer any germane amend- child protective workers and child wel- going down, experts tell us the number ment. However, priority recognition fare workers access to criminal convic- of crimes against children is going up. will be given to those Members who tion information and orders of protec- This bill is an important effort aimed have preprinted their amendments in tion based on claims of domestic or at child abuse treatment and preven- the CONGRESSIONAL RECORD. Addition- child abuse. Or the grants could be tion. It was passed just a few days ago ally, the rule offers an opportunity to used to improve law enforcement ac- by a voice vote in the Committee on change the bill through the customary cess to custody orders, visitation or- the Judiciary and is now here on the motion to recommit with or without ders, protective orders, or guardianship floor for consideration by the full instructions. orders. House. Finally, to ensure timely and orderly Second, the CAPE Act expands the b 1430 consideration of the bill, the rule al- use of the Byrne law enforcement lows the chairman of the Committee of grants to improve the enforcement of Several important amendments have the Whole to postpone votes and reduce child abuse and neglect laws, and, more been identified, and I look forward to voting time to 5 minutes as long as the importantly, child abuse prevention. the thoughtful debate concerning this vote follows a 15-minute vote. Finally, the bill allows additional most important issue. As the sponsor of this legislation, I dollars from the Crime Victims Fund Mr. Speaker, I have no requests for am pleased that the House will have to be used for child abuse assistance time, and I yield back the balance of the opportunity to fully debate this programs, increasing the earmark from my time. important issue surrounding the trag- $10 million to $20 million. This increase Ms. PRYCE of Ohio. Mr. Speaker, I edy of child abuse under a fair and open reflects a growth in contributions to hope my colleagues will join me in par- process. the fund since the set-aside for victims ticipating in today’s debate and It is hard for most of us to fathom a of child abuse was first established. strengthening the voice of millions of rage so blinding that it could compel Mr. Speaker, all of these changes will children who live each day with terror an adult to attack a helpless child, funnel more resources to the State and and in pain. much less their own child. It may local level, where the individuals who Raising awareness is the first step to- shock my colleagues to realize that are on the front lines in the fight ward ending the living nightmare of every 3 minutes a child will be reported against child abuse are best equipped child abuse. The next step is providing abused or neglected. And, sadly, that is to help our children. And I know my the resources to eradicate this scourge just in my own State of Ohio. Nation- colleagues will be pleased to know that on our society. Today, happily, we can wide, the crisis of child abuse is even the CAPE Act draws on existing re- do both. more staggering. An estimated one sources instead of creating a new Fed- I urge my colleagues to vote for this million violent crimes involving child eral program that requires more tax- fair and open rule and the Child Abuse victims are reported to police annu- payer financing. Prevention and Enforcement Act. ally. And on top of that, another 1.1 The CAPE Act has bipartisan support Mr. Speaker, I yield back the balance million cases of child abuse are sub- and was favorably reported by the of my time, and I move the previous stantiated by child protection agencies Committee on the Judiciary without question on the resolution. annually. controversy or amendment. So while The previous question was ordered. This is a national crisis, and as lead- we do not expect numerous amend- The resolution was agreed to. ers, we have the responsibility to take ments to be offered today, this issue is A motion to reconsider was laid on a stand and fight back against the cru- simply far too important to deny a full the table. elty that robs children of their inno- and fair debate. That is why the Com- f cence and produces troubled and vio- mittee on Rules has reported this open lent adults. rule, which I hope my colleagues will GENERAL LEAVE As a former prosecutor and judge, I support. Mr. JENKINS. Mr. Speaker, I ask have seen firsthand the manifestation I look forward to today’s debate, unanimous consent that all Members of child abuse in the criminal behavior which I hope will not only be a prelude may have 5 legislative days within of adults. Breaking this cycle of vio- to the passage of legislation that gives which to revise and extend their re- lence in our society begins with child hope to millions of children, but also marks and include extraneous material abuse prevention. an effort to raise awareness about the on H.R. 764. But the most compelling case for horrors of child abuse and the steps we The SPEAKER pro tempore (Mr. child abuse prevention is not found in can take to end it. HANSEN). Is there objection to the re- these troubled adults but in the eyes of Mr. Speaker, I reserve the balance of quest of the gentleman from Ten- children who live in constant fear. my time. nessee? Children should be focused on school, Ms. SLAUGHTER. Mr. Speaker, I There was no objection. little league, piano lessons, not reeling thank my friend and colleague, the f from punches or cowering from the gentleman from Ohio (Ms. PRYCE), for adults who should be embracing them. yielding me this time, and I yield my- CHILD ABUSE PREVENTION AND The CAPE Act focuses on two criti- self such time as I may consume. ENFORCEMENT ACT cally important fronts: child abuse pre- (Ms. SLAUGHTER asked and was The SPEAKER pro tempore (Mr. JEN- vention and improved treatment of the given permission to revise and extend KINS). Pursuant to House Resolution victims of child abuse. her remarks.) 321 and rule XVIII, the Chair declares H9350 CONGRESSIONAL RECORD — HOUSE October 5, 1999 the House in the Committee of the to improve law enforcement access to sistance services to be eligible for Whole House on the State of the Union judicial custody orders, visitation or- crime assistance programs. for the consideration of the bill, ders, protective orders, and guardian- H.R. 764 would increase the earmark H.R. 764. ship orders. for child abuse and domestic assistance Section 3 of the bill would modify the b 1432 programs from $10 million to $20 mil- federal crime control assistance pro- lion. Doubling this earmark would, IN THE COMMITTEE OF THE WHOLE gram known as the Byrne Grant Pro- therefore, result in a $10 million reduc- Accordingly, the House resolved gram. This program authorizes the tion in the funds that would otherwise itself into the Committee of the Whole Federal Government to award both be available for grants to victims’ com- House on the State of the Union for the block grants and discretionary grants pensation programs and victims’ as- consideration of the bill (H.R. 764) to for specified activities. Block grants sistance programs. reduce the incidence of child abuse and are allocated to the State on the basis Mr. Chairman, we all know that neglect, and for other purposes, with of population and are to be used for much more needs to be done to reduce Mr. HANSEN in the chair. personnel, equipment, training, tech- the incidence of child abuse and ne- The Clerk read the title of the bill. nical assistance, and information sys- glect across the country. It is a very The CHAIRMAN. Pursuant to the tems to improve criminal justice serious problem, and Congress has an rule, the bill is considered as having systems. The discretionary program important role to play by assisting the been read the first time. funds are distributed to non-federal States to do all they can to reduce the Under the rule, the gentleman from public and private organizations under- incidence of such abuse. It is vitally Florida (Mr. MCCOLLUM) and the gen- taking projects that educate criminal important for child care and protective tlewoman from Texas (Ms. JACKSON- justice personnel or that provide tech- agencies working in concert with law LEE) each will control 30 minutes. nical assistance to State and local gov- enforcement to have access to criminal The Chair recognizes the gentleman ernments. history information. Getting timely from Florida (Mr. MCCOLLUM). The Byrne Grant statute specifies 26 and complete information to these Mr. McCOLLUM. Mr. Chairman, I permissible uses for these funds. This agencies will save lives. yield myself such time as I may con- bill proposes to amend the Byrne Grant I want to commend the gentlewoman sume. I rise in support of H.R. 764, the program to add an additional permis- from Ohio (Ms. PRYCE) for her work in Child Abuse Prevention and Enforce- sible use for these funds, namely, ‘‘to making this bill possible and for work- ment Act. enforce child abuse and neglect laws ing with the Crime Subcommittee to The bill was introduced by the gen- and programs designed to prevent child improve it. tlewoman from Ohio (Ms. PRYCE) and abuse and neglect.’’ Later today, I will offer an amend- has 54 cosponsors and bipartisan sup- Third, Section 4 of the bill would ment in the nature of a substitute to port. The Crime Subcommittee of the amend the Victims of Crime Act of address the two concerns that I have Committee on the Judiciary held a leg- 1984. This law was passed to assist with this bill. islative hearing on the bill on May 12, States in directly compensating and Mr. Chairman, I include the following 1999; and last week, the full Committee providing support services for victims Congressional Budget Office Cost Esti- on the Judiciary ordered the bill favor- and families of victims of violent mate for the RECORD: ably reported by a voice vote. crimes. Funding for this purpose comes U.S. CONGRESS, The purpose of the bill is to increase from the Federal Crime Victims Fund, CONGRESSIONAL BUDGET OFFICE, the funds available for the investiga- into which are deposited criminal Washington, DC, October 1, 1999. tion of child abuse crimes and pro- fines, penalty assessments, and for- Hon. HENRY J. HYDE, grams designed to prevent child abuse feited appearance bonds of persons con- Chairman, Committee on the Judiciary, House and other domestic violence. It will do victed of crimes against the United of Representatives, Washington, DC. this by amending existing grant pro- DEAR MR. CHAIRMAN: The Congressional States. In fiscal year 1998, $363 million Budget Office has prepared the enclosed cost grams that provide funds to States for was deposited into this fund for dis- estimate for H.R. 764, the Child Abuse Pre- crime-related purposes so that funds tribution in FY 1999. vention and Enforcement Act. can also be used to provide child pro- There are two principal programs es- If you wish further details on this esti- tective workers and child welfare tablished under the act. The victims’ mate, we will be pleased to provide them. workers access to criminal conviction compensation program provides funds The CBO staff contact is Mark Grabowicz, information and orders of protection. to States which have in place their own who can be reached at 226–2860. These workers often do not have ac- programs to compensate victims of Sincerely, cess to criminal history records and in- crime. The Federal funds are used by BARRY B. ANDERSON (For Dan L. Crippen). formation and may be unaware that States to reimburse victims of violent Enclosure. when they place a child in foster care crimes or their survivors for non-reim- CONGRESSIONAL BUDGET OFFICE COST or return a child to a parent, that they bursable medical costs, lost wages and ESTIMATE, OCTOBER 1, 1999 are placing the child in the custody of support, and funeral expenses arising H.R. 764: CHILD ABUSE PREVENTION AND EN- a person with a criminal history. Al- from a crime-related injury or death. FORCEMENT ACT, AS ORDERED REPORTED BY lowing these Federal funds to provide The victims’ assistance program also THE HOUSE COMMITTEE ON THE JUDICIARY ON child protective and child welfare provides grants to States which are SEPTEMBER 28, 1999 workers with access to State records then authorized to distribute the funds CBO estimates that implementing H.R. 764 will help alleviate this problem. to support public and nonprofit agen- would not result in any significant cost to This bill would accomplish this pur- cies that provide direct services to vic- the federal government. Because enactment pose by doing two things. First, section tims of crime, such as 24-hour crisis of H.R. 764 could affect direct spending, pay- 2 of the bill would amend a small Jus- hotlines for victims of sexual assault as-you-go procedures would apply to the bill. tice Department grant program that and shelters for victims of spousal However, CBO estimates that any impact on currently helps States provide equip- direct spending would not be significant. abuse. H.R. 764 contains no intergovernmental or ment and personnel training for closed Under current law, the first $10 mil- private-sector mandates as defined in the circuit television and videotaping of lion of the funds deposited in the fund Unfunded Mandates Reform Act and would the testimony of children in criminal each year are to be expended by the impose no costs on state, local, or tribal gov- child abuse cases. Secretary of Health and Human Serv- ernments. H.R. 764 would permit the Depart- ices for grants relating to child abuse Under current law, the first $10 million ment to make grants for an additional prevention and treatment. Of the re- available for spending from the Crime Vic- purpose, namely, to provide child pro- maining funds, 48.5 percent are to be tims Fund is earmarked for grants for child tective workers and child welfare used for grants to State crime victims’ abuse victims; H.R. 764 would increase this allotment to $20 million. The bill also would workers in public and private agencies compensation programs, 48.5 percent permit recipients of certain grants from the access to criminal conviction informa- for victims’ assistance programs, and 3 Department of Justice to use those funds for tion and orders of protection based on percent for grants for demonstration various child protection programs. Because the claim of domestic or child abuse or projects and training in technical as- these provisions would reallocate federal October 5, 1999 CONGRESSIONAL RECORD — HOUSE H9351 funds among similar activities, CBO esti- How many of us, Mr. Chairman, have ual abuse, as noted by the evidence mates that enacting H.R. 764 would not sig- cried at the television and newspaper that suggests that JonBenet was sexu- nificantly change the net direct spending reports of the abused and sometimes ally abused. It is clear that prevention from the Crime Victims Fund or the net dis- mutilated bodies of dead and/or badly and early treatment for child abuse cretionary spending from the affected grant programs. injured children? Obviously, abused and neglect victims benefits everyone. The CBO staff contact for this estimate is and neglected children carry physical This bill represents a positive step in Mark Grabowicz, who can be reached at 226– and emotional scars with them forever that direction and, as a result, I sup- 2860. This estimate was approved by Peter H. affecting every aspect of their life. port H.R. 764, as amended, offered by Fontaine, Deputy Assistant Director for Might I note that many times mur- the gentlewoman from Ohio (Ms. Budget Analysis. derers who are murderers as adults, PRYCE) and the gentlewoman from Mr. Chairman, I reserve the balance when we begin to look into their back- Ohio (Mrs. JONES) and as amended by of my time. ground, it has been determined, al- the gentleman from Florida (Mr. Ms. JACKSON-LEE of Texas. Mr. though the murder is of course no less MCCOLLUM). Chairman, I yield myself such time as horrible, that they were abused as chil- Mr. Chairman, I reserve the balance I may consume. dren in their childhood. of my time. Mr. Chairman, I thank my colleagues In addition, the National Committee Mr. MCCOLLUM. Mr. Chairman, I very much for the very hard work that to Prevent Child Abuse estimated in yield 5 minutes to the gentlewoman they have put in for this legislation. I 1993 that the annual cost of child wel- from Ohio (Ms. Pryce) the author of say to the gentlewoman from Ohio (Ms. fare health care and out-of-home care this bill. PRYCE) and the gentlewoman from for abused and neglected children to- (Ms. PRYCE of Ohio asked and was Ohio (Mrs. JONES), the very difficult taled $9 billion. I must add that this is given permission to revise and extend job of focusing on something so sen- a conservative estimate in light of the her remarks.) sitive to be able to help us bring to the fact that it does not include every re- Ms. PRYCE of Ohio. Mr. Chairman, I floor the Child Abuse Prevention and lated cost, such as long-term physical thank the gentleman from Florida for Enforcement Act, this is a good day for and mental impairment, emergency yielding me the time. many of us. room care, lost productivity, special Mr. Chairman, this morning, in co- Mr. Chairman, so many of us have education services, and costs to adju- ordination with today’s House consid- had a tragic story to talk about in our dicate child abuse cases. eration of the CAPE Act, I and a num- State as it relates to child abuse. I can That is why the Congressional Chil- ber of my colleagues from both sides of call off the names of so many children dren’s Caucus has focused on greater the aisle toured the D.C.’s Children Ad- in the State of Texas. As a convening mental health access to children so vocacy Center, otherwise known as chairperson of the Congressional Chil- that maybe in counseling some of those Safe Shores. dren’s Caucus, one of the issues we who have been heretofore afraid of For those who are not familiar with have debated here in the United States talking about being abused will be able the children’s advocacy centers like Congress is the access of our children to tell an adult about their abuse. Safe Shores, they provide child abuse to mental health services. Yet another cause of child abuse is in victims with a child-friendly environ- Many times our children are in need the area of increased criminal activity. ment where they can seek initial treat- of counseling because they have suf- According to a 1992 U.S. Department of ment and examination under one roof fered abuse in their homes. We are well Justice report entitled the Cycle of Vi- in one visit. aware of the very famous case in Colo- olence, 68 percent of youth arrested b 1445 rado, JonBenet. Her murder is still un- had a prior history of abuse and ne- solved, but we know that she met a glect. The study also indicated that This is far superior to the more tradi- very tragic death; and, as well, we childhood abuse increased the odds of tional method which subjected children know that the perpetrator is still at future delinquency and, as I said ear- to a cold bureaucratic maze of probing large. lier, in adult criminality by approxi- and prodding that often have the unin- In addition, we are quite familiar mately 40 percent. tended consequences of re-victimizing with a case that I saw just last On the positive side, we know how to them. evening, the case of little Collin in address this problem. The National Mr. Chairman, like most children’s Florida, where time after time those Child Abuse Coalition reports that advocacy centers, Safe Shores has a who are responsible for protecting her family support programs and parental toy room which is where the cruel re- life, taking her away from an abusive education have demonstrated that pre- ality of child abuse really comes to father, failed to see the abuse in the vention efforts work. And as we have life. I think we would all agree that home until ultimately, out of anger of seen in the other areas, such as drug toys should represent happy times in the parent, little Collin was killed. treatment programs, community-based children’s lives, but at Safe Shores The problem of child abuse and ne- programs, supporting families can be they are merely temporary distrac- glect is disturbing and far-reaching. implemented to prevent child abuse for tions from the nightmare inflicted The U.S. Department of Health and far less than the dollars it now costs to upon them by adults who should be lov- Human Services, in a report issued in treat and manage a child abused and ing them. It is for those children at April of this year, indicated that there neglected. Safe Shores and all abused children were over 950,000 documented cases of The legislation being considered around our Nation that I introduced child abuse and neglect in 1997. today is a step in the right direction. I the CAPE act and why we must pass it Further, in an earlier report, HHS in- congratulate the proponents. This bill today. dicated that while the number of child provides increased grant authority for The CAPE Act focuses on two criti- abuse and neglect cases has increased services to abused or neglected chil- cally important aspects of child abuse, since 1986, the actual number of cases dren. It also provides an increase in the prevention and improved treatment of investigated by State agencies has re- existing set-aside for child abuse and child abuse victims. Moreover, the bill mained about the same. As a result, neglect services from the Crime Vic- recognizes that it is those on the front the proportion of cases investigated tims Fund, in which I hope that we will lines in our communities who are in has decreased from 44 percent in 1986 to not cap it so that we will not be able to the best position to make a difference 28 percent in 1993. get those funds. for our children, the child protection Mr. Chairman, this is a failure on our The McCollum amendment provides workers, the police, the judges, the part. This is again not holding to our for a formula which will tie the in- court-appointed special advocates, the responsibility to be the protectors of creased set-aside for child abuse and doctors and nurses, the foster families, our children. The failure to adequately neglect services to the overall increase and the volunteers, just to name a few. address the problem of child abuse and in the Crime Victims Fund. I support In a nutshell, this bill takes three neglect is costly in many ways. First the amendment. important steps to help children, and and foremost, there is a human tragedy I will offer an amendment to specify they have already been described by related to the victimized child. that this bill also covers children’s sex- the gentleman from Florida (Mr. H9352 CONGRESSIONAL RECORD — HOUSE October 5, 1999

MCCOLLUM), so I will not go into the Mr. Chairman, abused children do not nique, that takes great experience, and technical aspects; but suffice it to say have high-priced lobbyists in Wash- the funds that we are proposing from that all the money for this bill comes ington, nor are they a powerful voting the Byrne grant will also be able to be from forfeited assets, forfeited bail block; but they are counting on us to used for training in that area. bonds, fines paid to the Government, act on their behalf, and the CAPE Act It is very important also to under- not taxpayers’ dollars. is for them. I urge adoption of this stand that the work that forms the So, without tapping the U.S. Treas- CAPE Act. basis of the child-protection workers’ ury, the bill will increase the amount Ms. JACKSON-LEE of Texas. Mr. work becomes the basis or foundation of funds which can be used for such Chairman, I yield 4 minutes to the dis- of the prosecutor’s case as we go to things as training child abuse inves- tinguished gentlewoman from Ohio trial; and very often we find ourselves tigators, training child protection (Mrs. JONES), the original Democratic in Cuyahoga County not being able to workers, and the development of chil- cosponsor of this legislation. win some of our cases because early dren’s advocacy centers like the one I Mrs. JONES of Ohio. Mr. Chairman, work done in those cases was not ap- toured this morning in Washington and first of all I would like to thank my propriately done, and it was not be- the one which is evolving at Children’s colleague, the gentlewoman from cause the people working in the area Hospital in my own hometown of Co- Texas (Ms. JACKSON-LEE), my col- were not able to do the job. It was be- lumbus, Ohio. league, the gentlewoman from Ohio cause they were overwhelmed or maybe In fact, I am very proud that Chil- (Ms. PRYCE), and all the other persons not specially trained in the area of dren’s Hospital soon will be embarking that were original sponsors and cospon- child abuse and child sexual and phys- on a brand new state-of-the-art chil- sors on this piece of legislation. ical abuse. dren’s advocacy center on its campus Mr. Chairman, I will not repeat what So these dollars are good, could be in Columbus, building on its 10 years of has been said by the other presenters used for that training area. I want to experience and success in its existing as to what the CAPE Act will do. What salute all the child-protection workers, location inside the hospital. I want to speak to is why the CAPE police officers, prosecutors who work Also, this bill gives State and local Act is so necessary. out in this area and tell them that we officials the flexibility to use existing I served for 8 years as the prosecutor really need them to continue to work grants to provide child protection from Cuyahoga County, Ohio. In Cuya- hard, and by working to pass the Child agencies access to criminal history hoga County I had 180 assistants, and Abuse Prevention and Enforcement records. This will help ensure that many of them were responsible for Act, we are saying to them, we know abused and neglected children are prosecuting child abuse cases. One of you’re important, and you’re impor- placed in safe foster and adoptive the things that I realized as prosecutor tant enough for us to set aside an allo- homes as expeditiously as possible so was the need to specially train prosecu- cation specifically in the Byrne grant that they do not languish any longer tors who worked in that area. They funds for you to be trained and you to than necessary in bureaucratic limbo. needed to be able to speak to a young be saluted for the work that you do. The bill will make a difference in the child witness; they needed to be able to I want to thank all of my colleagues lives of children without any addi- understand and see when that child was who are here and in support of this tional cost to the taxpayer. It removes drawing back and understand the be- legislation. federally imposed straight-jackets on havioral manifestations from child Mr. MCCOLLUM. Mr. Chairman, I Federal funds and gives local folks the abuse. They needed to be able to speak yield 5 minutes to the gentleman from flexibility to invest in our children as with a child-protection worker and Texas (Mr. DELAY) who is our majority they know best how to. have a worker who was as well trained whip. Quite appropriately, Deborah as they were. They needed police offi- Mr. DELAY. Mr. Chairman, I too Sendek, Director of Columbus Chil- cers who were also specially trained in want to thank the gentleman from dren’s Advocacy Center at Children’s dealing with child abuse victims. Florida (Mr. MCCOLLUM) for bringing Hospital is with me today in Wash- Ultimately, we made a determination this very important piece of legislation ington, for she is on the front lines in that we had to come up with an organi- to the floor, and I particularly want to the fight to protect our children. It is zation or interagency group that could thank the two gentlewomen from Ohio heroes like this that the bill is de- handle these types of cases, and that is for all the hard work in putting this to- signed to empower in their tireless ef- why what the CAPE Act will be able to gether; but I particularly want to forts to bring care and comfort to our do is so very important. Many of the thank one of my staff members, Au- children to make sure that they are child protection workers who work tumn Hannah, whose tireless work and protected from their abusers. throughout this country need addi- her work in raising the visibility of the In closing, I want to thank the gen- tional training. Many of them come abused and neglected children in this tleman from Florida (Mr. MCCOLLUM), right out of school into child protec- country has been so exemplary, and we the chairman of the Subcommittee on tion work. Many of them find that be- greatly appreciate all her hard work. Crime, and the chairman, the gen- cause of the type of job that they are Mr. Chairman, abuse against children tleman from Illinois (Mr. HYDE), for all involved in, burnout comes quickly; is one of the unpardonable sins we their perseverance in helping me bring and there are very few opportunities must all work to end in this country. the CAPE Act from the Committee on for reward or encouragement. Through The Child Abuse Prevention and En- the Judiciary, to the House floor. I also providing dollars through the Byrne forcement Act takes a big step towards want to express my gratitude to the grant for training, we will be able to making America safer for all of our original cosponsors of this bill, the dis- say to these child-protection workers, most vulnerable youngsters. There is tinguished majority whip, the gen- You are important to us. You are im- no topic more important and no issue tleman from Texas (Mr. DELAY), who is portant to us not only because of who more pressing than the welfare of our a devoted foster parent and a tireless you are, but who you work with. Nation’s children. But for far too long champion of the CAPE Act, to the gen- They will be working with young the tragedy of abuse has been swept tleman from Illinois (Mr. EWING), to people, young abuse victims and pro- under the rug. The result is that the the gentleman from Pennsylvania (Mr. viding dollars for their training is of culture of abuse continues because we, GREENWOOD), and last but not least, to particular importance. We were able as a Nation, have at times been afraid the gentlewoman from Ohio (Mrs. to, through the work that we did and to admit our own failings. JONES), my fellow colleague from the ads at the advocacy center that we vis- It is time for the silence to end. It is Buckeye State, who has so much expe- ited today, to see that there were joint time for the years of relative inac- rience in this issue. interviews being done with a one-way tivity to be turned into humane action. Finally, I want to tip my hat to all mirror so that in the course of being After all, the health of a society is eas- the child advocates around the Nation interviewed or handled as a young per- ily reflected in how it treats its most in our communities, some of whom are son or a child victim, they were not vulnerable. here today, for all they do to nurture abused over and over again by so many Today, too many of our young ones and treat victims of child abuse. interviews. That takes special tech- are having their innocence stripped October 5, 1999 CONGRESSIONAL RECORD — HOUSE H9353 away. Two years ago there were three neglect; there is only a lack of involve- care of our Nation’s children. Our fu- million cases of child abuse and neglect ment. ture as a Nation and as a caring people in this country. Today, as I speak, Mr. Chairman, too many Americans depend on that. there are at least a half a million sit on their hands idly while others History will not look kindly upon a American kids in foster care because it raise their hands in silence; but in society that chose to ignore the plight is not safe enough for them to live with most cases, Mr. Chairman, people sim- of its children over issues of politics, their own families. ply do not know how they can make a wealth, or new technology. Accord- These numbers are as staggering as difference in the lives of children. One ingly, it is imperative that Congress they are hard to comprehend. The easy way is to support this legislation. provide our local communities and our sheer sadness that poisons so many lit- Ms. JACKSON-LEE of Texas. Mr. States the tools needed to end child tle lives must move us all to action. Chairman, I yield 1 minute to the dis- abuse and neglect. There are many ways that we can help, tinguished gentleman from Maryland This measure, H.R. 764, will permit though the task is complicated. At the (Mr. CUMMINGS). the Department of Justice to provide Federal level we have to help lift our Mr. CUMMINGS. Mr. Chairman, I the kind of grants to States for the en- children out of despair while simulta- want to thank the gentlewoman for forcement of laws to prevent child neously giving more flexibility to yielding this time to me and I want to abuse and will provide technical assist- States to deal with their own local con- thank her for all her hard work in this ance to local law enforcement to help cerns. In other words, we must take ac- area and the sponsors of this legisla- in that battle. tion and get out of the way and not tion, I thank them too. As lawmakers Accordingly, I urge all of my col- interfere with the good work that is al- and human beings we have an obliga- leagues to fully support this important ready taking place. tion to care, to care that every 12 min- measure. Mr. MCCOLLUM. Mr. Chairman, I Nationally, billions upon billions of utes in my home State of Maryland one yield 2 minutes to the gentlewoman dollars have been spent on child wel- child is reported abused or neglected. fare programs, but this is not just a from Florida (Ms. ROS-LEHTINEN). b 1500 (Ms. ROS-LEHTINEN asked and was question of dollars and cents because it given permission to revise and extend would be worth every dime if money To care that currently 50 out of 1,000 children are reported maltreated, and her remarks.) was the solution to ending abuse and Ms. ROS-LEHTINEN. Mr. Chairman, neglect. But money is not the solution, to care that 2,000 children die each year as a result of abuse or neglect. But our they say that home is where the heart and a one-size-fits all Federal program is, but where is the home of a child often allows too many children to fall higher duty is to transfer this care into prevention. H.R. 764 does this by pro- whose heart beats rapidly in fear that through the cracks. he will be beaten black and blue be- viding for increased funding for preven- Such failure directly translates into cause dad has had a bad day at work tion training, child advocacy and treat- trouble for our communities in the fu- today? What about the child who ment, and increased access by protec- ture as children with a bad formation avoids his drunk mother for fear that tive service workers to criminal con- predictably make bad choices in life. he may irritate her? No one is surprised to learn that there viction records. Because of the alarming statistics of is a correlation between adolescent The Children’s Defense Fund logo, child abuse today, at least 500,000 chil- crime and child abuse, but this is a written by a child, states quite suc- dren in the United States are making cycle of trouble that we can beat. cinctly: ‘‘Dear Lord, be good to me; the foster care, group shelters, and other CAPE is the first step towards that sea is so wide and my boat is so small.’’ institutions their permanent homes. As goal. Mr. Chairman, if we do not dem- responsible legislators, it is imperative This legislation allows State and onstrate that we care, this child and that we work to ensure safety for all of local officials to take advantage of ex- all others abused and neglected across our children. We must do everything isting Byrne law enforcement grants this land will drift away in their small within our power to foster healthy en- for child prevention work. It also al- boats and eventually sink and die. vironments where children can learn, lows localities to use the identification Mr. MCCOLLUM. Mr. Chairman, I can play, and can prepare to be the fu- technology act to provide criminal his- yield 3 minutes to the gentleman from ture of our country. tory records to child protection agen- New York (Mr. GILMAN). With statistics on child abuse ever cies. These measures simply make use (Mr. GILMAN asked and was given increasing, it is evident that CAPE, the of resources that already exist while permission to revise and extend his re- Child Abuse Prevention and Enforce- cutting out wasteful repetitive action marks.) ment Act, is very needed. This legisla- from different agencies and different Mr. GILMAN. Mr. Chairman, I thank tion will help to improve conditions levels of government. the gentleman for yielding me time. faced by at-risk children by expanding Along with these steps, CAPE also Mr. Chairman, I am pleased to rise in technology and enabling child pro- increases the set-aside for child abuse strong support of H.R. 764, the Child tecting agencies to access criminal his- services and the crime victim fund, all Abuse Prevention Act. And I thank the tory records. of which comes from nontaxpayer dol- sponsor of this important legislation, I challenge our colleagues to commit lars. In short, this bill expands serv- the gentlewoman from Ohio (Ms. themselves to finding a solution for ices, cuts red tape, and works within PRYCE); and the distinguished sub- child abuse and take the first step by already existing programs. It is good committee chairman, the gentleman voting to pass the Child Abuse Preven- for government at the Federal level, from Florida (Mr. MCCOLLUM); for tion and Enforcement Act. better for State governments and most bringing the measure before us today; I congratulate our colleague, the gen- importantly, it is great for victims of and the ranking minority member, the tlewoman from Ohio (Ms. PRYCE), for abuse that it seeks to protect. gentlewoman from Texas (Ms. JACK- her leadership in sponsoring this bill Just one example of the good work SON-LEE); the gentlewoman from Ohio that was also a legislative priority for CAPE assists is the court-appointed (Mrs. JONES); and our distinguished our mutual friend, former Congress- special advocate, a group of volunteers whip for supporting this measure. woman Sue Molinari. I especially want who provide millions of hours to have The U.S. Advisory Board on Child to acknowledge the hard work of the courtroom support for abused children. Abuse and Neglect reports that 2,000 gentleman from Texas (Mr. DELAY), In Texas alone, these programs save children die each year as a result of who has made fighting child abuse a the Federal Government an estimated abuse or neglect. Moreover, it has been key legislative priority for all of us $80 million a year at least, all while reported by the U.S. Department of through our Shine the Light on the maximizing support services for chil- Health and Human Services that there Children in the Darkness project. dren and minimizing their time in fos- has been a 1.7 percent increase over the Ms. JACKSON-LEE of Texas. Mr. ter care, but this is just one program of prior year of substantiated cases of Chairman, it is my distinct pleasure to so many. The point is that there are no child abuse and neglect. As we begin to yield 4 minutes to the distinguished shortage of ways and no lack of ideas enter the next century, it is imperative gentlewoman from Maryland (Mrs. in the fight to prevent child abuse and that we make certain that we take MORELLA). H9354 CONGRESSIONAL RECORD — HOUSE October 5, 1999 Mrs. MORELLA. Mr. Chairman, I communities to develop and update enhance services related to child abuse first of all want to thank the gentle- their programs to meet these changing and neglect cases. Also it would expand woman from Texas (Ms. JACKSON-LEE), needs. the definition of abuse under existing who chairs the Children’s Caucus, for Mr. Chairman, I conclude with some- law to include the taking of a child in yielding me time. I also want to com- thing that I think exemplifies it all. It violation of a court order. mend the gentleman from Florida (Mr. was once stated that if you touch a These are just but two, Mr. Chair- MCCOLLUM), who will be offering a floor rock, you touch the past, and if you man, of the great provisions of this manager’s amendment to this bill, who touch a flower, you touch the present, CAPE Act. I am indeed happy to be chairs the Subcommittee on Crime of and if you touch a child, you touch the standing here in a bipartisan effort to the Committee on the Judiciary who future. pass such an important bill. helped this bill through. The gentle- This bill is critically important. I As a member of the Missing and Ex- woman from Ohio (Mrs. JONES) on one urge my colleagues to support this ur- ploited Children’s Caucus and the Co- side, the gentlewoman from Ohio (Ms. gently needed legislation. Vice Chair of the Women’s Caucus, I PRYCE) on one side, and the gentleman Mr. MCCOLLUM. Mr. Chairman, I urge all of my colleagues to join us in from Texas (Mr. DELAY). Boy, if this is yield 1 minute to the gentlewoman voting ‘‘yes’’ to H.R. 764. We need to do not a good example of bipartisan co- from Texas (Ms. GRANGER). more to prevent abuse and neglect and operation on an issue that is so very Ms. GRANGER. Mr. Chairman, I rise protect our children, which are, of important. today in support of the Child Abuse course, our future. Mr. Chairman, I rise obviously in Prevention and Enforcement Act, and I Mr. MCCOLLUM. Mr. Chairman, I strong support of the Child Abuse Pre- give my great appreciation to those yield 2 minutes to the gentleman from vention and Enforcement Act, the who have brought this act to the floor Illinois (Mr. EWING). CAPE Act, introduced by the gentle- of the House, the gentleman from Flor- (Mr. EWING asked and was given per- woman from Ohio (Ms. PRYCE), to be ida (Chairman MCCOLLUM), the gentle- mission to revise and extend his re- amended by a floor manager’s amend- woman from Ohio (Ms. PRYCE), and the marks.) ment. It expands the Byrne grants to gentlewoman from Texas (Ms. JACK- Mr. EWING. Mr. Chairman, my asso- allow the States flexibility in pro- SON-LEE). ciation with the sponsor of this bill grams for child abuse protection serv- I do so because I believe a society is goes back to the last Congress when ices and also for programs to prevent measured in large part by how it treats Susan Molinari, Congresswoman Mol- the incidence of child abuse. the young and the most vulnerable. inari from New York, introduced a Just citing some of the statistics, the This bill seeks to help communities to similar piece of legislation, and I was a National Committee to Prevent Child help themselves by giving them the cosponsor of it. Abuse reports that in 1994, over 3 mil- tools to stop and prevent child abuse. I am very pleased this time to be a lion children were reported to child The bill would give local and State cosponsor, along with our good friend protective service agencies for child officials the flexibility to use the and colleague, the gentlewoman from abuse and neglect. This is in the United Byrne Law Enforcement Act for Child Ohio (Ms. PRYCE). The need here is States, and the numbers continue to Abuse Prevention, and increase the really great, and this bill, while it does increase. Currently about 47 out of earmark for child abuse victims out of not spend a lot of extra money, I think every 1,000 children are reported as vic- the crime victims fund. we are going to get a lot more bang for tims of child mistreatment, and overall These simple steps are not earth our buck if we pass this bill. child abuse reporting levels have in- shattering, but they could actually be Each day there are 9,000 reports of creased 63 percent between 1985 and life saving. By giving our States and child abuse in America. That totals out 1994. local communities increased resources, to over 3 million cases in a year. Since Well, based on these numbers, more we decrease the chances of losing our 1987, the total number of reports of than 3 children die each day as a result children to the predators of child child abuse nationwide have gone up 47 of child abuse or neglect or a combina- abuse. Now, that is an investment percent. Of the cases of abuse, 54 per- tion of neglectful and physically abu- worth making, and that is legislation I cent result in a fatality, and over 18,000 sive parenting, and approximately 45 am proud to support. children were permanently disabled as percent of these deaths occur to chil- I urge my colleagues to support the a result of physical abuse. Finally, dren known to child protective service Child Abuse Prevention and Enforce- those who are abused as children, when agencies as current or prior clients. ment Act. they become adults, are more apt to Prevention, early intervention, and Ms. JACKSON-LEE of Texas. Mr. abuse their own children. protection are the three components of Chairman, I am delighted to yield 3 This is a problem in our society of child abuse programs that the Inter- minutes to the distinguished gentle- enormous magnitude. It gets at the disciplinary Report on At-Risk Chil- woman from California (Ms. very basis of the next generation and dren and Families recommended. Pre- MILLENDER-MCDONALD). future generations, and is something vention efforts build on the resources Ms. MILLENDER-McDONALD. Mr. that we must do all that we can to ad- presented in local communities by en- Chairman, I would like to thank the dress. couraging residents to participate in chairman and the ranking member and I think this is an excellent piece of awareness programs. Special outreach all of those who are associated with legislation, and we should overwhelm- components are recommended to en- this very important piece of legisla- ingly pass it. sure early intervention by establishing tion, and like to commend my col- b at-risk behaviors for educators and league, the gentlewoman from Ohio 1515 parents. The third component, protec- (Mrs. JONES) for her amendment. Mr. MCCOLLUM. Mr. Chairman, I tion services, focuses on protecting the Mr. Chairman, as a mother of five yield 3 minutes to the gentleman from child while keeping the family to- and a grandmother of four and a former Florida (Mr. FOLEY). gether by providing in-home services. teacher, I know the importance of Mr. FOLEY. Mr. Chairman, I thank These three principles, so needed, are bringing up children in healthy envi- the chairman and the gentleman from all examples of grant funded programs ronments that protect them from Florida for yielding time to me. increased by H.R. 764. abuse and neglect. According to the Mr. Chairman, childhood is the time This bill, the Child Abuse Prevention Children’s Defense Fund, in my home of life that should be treasured and and Enforcement Act, expands a key State of California every minute a protected. The truth is, many children element of preventing child abuse and child is reported as being abused or ne- are robbed of their innocence or even neglect by providing access to services glected. That translates to 60 children worse at the hands of abuse. that address specific needs of local being abused and neglected during the Even while our overall national communities. Services must be respon- 1 hour of debate that has been allotted crime statistics have declined dramati- sive to the range of ongoing and chang- for this bill. That is why it is evident cally, child abuse continues to rise. ing needs of both children and families. that we need H.R. 764. The CAPE Act The U.S. Advisory Board on Child The bill allows individual States and would allow additional grant monies to Abuse and Neglect reports that 2000 October 5, 1999 CONGRESSIONAL RECORD — HOUSE H9355 children die each year as a result of Mr. Chairman, I am here today to ad- The U.S. Advisory Board on Child abuse and neglect. In the State of Flor- dress one of the most ugly, horrific Abuse and Neglect reports that 2,000 ida alone, a child is reported abused or crimes and experiences that can befall children die each year as a result of neglected every 3 minutes. With these children, physical and sexual abuse. abuse or neglect. In my home State of statistics, it is clear our Nation needs Before coming to Congress I spent Ohio alone, a child is reported abused to do more to protect our children from more than 23 years of my life working or neglected every 3 minutes of every abuse. We need to do everything we can as a psychologist in the mental health day. With these statistics, it is clear to prevent it from happening in the field helping to heal and counsel people our Nation needs to do more to protect first place. who were the victims of child abuse our children from abuse and prevent it Child abuse and prevention not only and other terrible experiences. from happening in the first place. help protect the child, it also helps pro- I can tell Members that as ugly as it That is why this legislation is so im- tect society in the long run, since sta- is, child abuse cannot be wished away. portant, because it focuses in on pre- tistics show that abused children are It is something we have to face square vention. Child abuse prevention is true more likely to commit future acts of on, and the bill we are addressing crime prevention, and all of us, I am child abuse and domestic violence. today will help us do precisely that. sure, support that concept. Last year the Volunteers for Children Earlier today I spoke with folks back We needed to recognize that on the Act, a bill that I sponsored, was signed in my own district, back in Vancouver, State and local level, the child protec- into law by the President. Volunteers Washington. They told me some very tive workers, the police, prosecutes, for children will help protect children frightening and troubling statistics. judges, doctors, the nurses, are in the in after-school activities from being in Referrals for child abuse were actually best position to prevent child abuse the care of people with dangerous up in 1998 by 2 percent from the pre- and find ways to treat those who have criminal records. This is an important vious year. In one year we had over been abused. step, but it is certainly not enough. We 3,957 referrals. Those are not just num- We need to empower those on the must attack child abuse at every op- bers, those are children whose lives State and local level in their efforts to portunity, by investigating reported have been harmed and damaged, and prevent child abuse and treat victims. abuse thoroughly, by ensuring that who will perhaps pass that harm on to That is what the CAPE Act is designed children are not returned to abusive others if we do not help them and in- to do. The bill would give State and environments they have been taken tervene early on. local officials flexibility to use Byrne out of, and by making penalties for Some might say, what is the big deal, law enforcement grants for child abuse prevention, to increase the earmark convicted abusers much tougher. it is just a 1 or 2 percent increase? But Furthermore, we must ensure that this is happening in the best of eco- currently at $10 million for education children have safe places to go when- nomic times. We know that child abuse out of the crime victims fund, and the ever they are in danger. As such, we goes up when economic times go bad, best news of all is, it does not cost tax- need to continue empowering those on but if we are having this many cases in payers’ dollars because it comes from forfeited assets, forfeited bail bonds the State and local level in their ef- good times, we have to act now to stop and fines paid by the government. forts to prevent child abuse and treat that before it gets worse. This funding can be used by the My home State actually does a very victims. States for important things such as That is what the CAPE Act is de- good job of trying to prevent child training child protective service work- signed to do, to give local and State of- abuse. I have visited many of the treat- ers, training court-appointed special ficials the flexibility to use law en- ment centers myself. They do an out- advocates, and child advocacy centers. forcement grants for child abuse pre- standing job. They make use of scarce Child advocacy centers help provide vention. It would increase the ear- resources, and they put together inno- treatment and examination for abused mark, currently $10 million for child vative and effective programs to com- children in a way which will not revic- abuse victims, out of the Crime Vic- bat the problem, but they need help. timize the child. tims Fund. This funding can be used by They need additional resources and We are fortunate in this country to the States for important things such as they need H.R. 764. have the assets necessary to carry out training child protective service work- The legislation before us today puts this important function. This act is ers; training court-appointed special more resources in the hands of the supported by the National Child Abuse advocates; and child advocacy centers, folks who need them most. This bill Coalition, Prevent Child Abuse Amer- which are one-stop child-friendly will expand the grant authority to pro- ica, the Christian Coalition, the Fam- places where all parts of an abused vide funds to enhance services related ily Research Council, and the National child examination and treatment are to child abuse prevention programs. It Center for Missing and Exploited Chil- brought together under one roof. will help fund the prevention and early dren. Among others, the CAPE Act is sup- intervention programs that have been Ms. JACKSON-LEE of Texas. Mr. ported by the National Child Abuse Co- shown to work, and it will help com- Chairman, it is my pleasure to yield 4 alition, which includes the Children’s munities make sure those who commit minutes to the gentleman from Michi- Defense Fund and the Child Welfare these horrible crimes are prosecuted to gan (Mr. BONIOR), the distinguished mi- League, Prevent Child Abuse America, the full extent of the law. nority whip. the Christian Coalition, the Family Re- We need to provide more opportuni- Mr. BONIOR. Mr. Chairman, I first of search Council, and the National Cen- ties to prevent, to investigate, and to all would like to thank the distin- ter for Missing and Exploited Children. prosecute child abuse and neglect guished gentlewoman from Texas (Ms. I urge my colleagues to join these cases. We need this bill, and I urge my JACKSON-LEE) for her efforts on this groups in supporting the bill. I thank colleagues to give it their full support. bill, and also the gentlewoman from the gentlewoman from Texas (Ms. Mr. MCCOLLUM. Mr. Chairman, I Ohio (Ms. PRYCE), and the gentleman JACKSON-LEE), and I thank again the yield 2 minutes to the gentleman from from Florida (Mr. MCCOLLUM), for their chairman, the gentleman from Florida Ohio (Mr. OXLEY). good work on this legislation as well. (Mr. MCCOLLUM), for being part of this (Mr. OXLEY asked and was given Mr. Chairman, in another life prior great legislation. permission to revise and extend his to entering politics, I used to work as I urge adoption by the Members. remarks.) a probation officer, and worked with Ms. JACKSON-LEE of Texas. Mr. Mr. OXLEY. Mr. Chairman, I want to juvenile delinquents. I worked in a Chairman, I yield 2 minutes to the dis- first thank the chairman of the sub- youth home as an attendant there and tinguished gentleman from Washington committee, the gentleman from Flor- also as a caseworker, and had some ex- (Mr. BAIRD). ida (Mr. MCCOLLUM), and particularly perience as an adoption caseworker. In Mr. BAIRD. Mr. Chairman, I would my colleague, the gentlewoman from that work, I had the occasion to wit- like to thank the gentlewoman for Ohio (Ms. PRYCE), for their leadership ness situations in homes that cried out yielding time to me, and those who in this legislation. I have had numer- for attention. have sponsored this critically impor- ous discussions with her particularly Over the years, we have watched as tant legislation. about this important legislation. governments at all levels have done H9356 CONGRESSIONAL RECORD — HOUSE October 5, 1999 relatively little to address this need. strength and resilience that they need we need to detect child abuse and pre- This need is quite extensive. Over 1 to face life’s challenges and to resist vent child abuse. million cases of child abuse were com- its evils. Mr. Chairman, I yield back the bal- mitted in 1997. A child is abused or ne- The opposite is most certainly true. ance of my time. glected in Michigan every 5 minutes, When children are battered, when chil- Mr. MCCOLLUM. Mr. Chairman, I every 5 minutes, and about 300 cases dren are neglected, when children are yield myself such time as I may con- are reported a day. That is according sexually or psychologically mistreated sume. to a nonprofit group called Michigan’s and abused, they become weak, they Mr. Chairman, what I think our leg- Children’s Trust Fund. become infirm, they become troubled. islative role is day in and day out here Sixty-eight percent of youths ar- It is fitting that I follow the gentleman is to provide ways to preserve and pro- rested had a prior history of abuse and from Michigan (Mr. BONIOR), because I, tect our great quality of life and free- neglect, 68 percent. So what we have too, was a caseworker with abused chil- dom for our children and our grand- here is a vicious cycle of abuse, ne- dren. children. We are the greatest free Na- glect, crime, violence, more abuse and Over the years as I worked with these tion in the history of the world. It is neglect from generation to generation. children, and many of these children all about children. And in this case, we Lest we think of this as statistics, let appear in my life 20 years later, calling are talking about protecting them not me cite an example that was recently me at home, we find these children, so only in that broad sense but in the very reported in the press, in the Detroit pa- many of them, not only just in the specific sense against child abuse, one pers, and in other papers throughout child welfare system as battered, but of the worst things that can happen in Michigan about a mother who beat her we find them in the juvenile justice this Nation to anyone. 10-year-old and 13-year-old with an system as delinquents, we find them in And so I am pleased that the authors electrical cord and burned them with the mental health system as psycho- have brought this bill forward today. I an iron. I know these are graphic pic- pathic or maladjusted, we find them in am proud to have been a part of the tures that I am creating for Members the drug and alcohol system as addicts, team that has brought it out in the here, but it is what happens. The chil- we find them in the domestic violence committee and subcommittee, and I dren escaped the house, they wandered systems of batterers of their own look forward to the passage of this bill. the city, it was dark, at night, looking spouses, and often, too often, batterers Mrs. FOWLER. Mr. Chairman, the statistics for their friend’s house somewhere near of their own children. Then we find on the abuse of our most precious resourceÐ what they said was Tiger Stadium. them ultimately in the criminal jus- our childrenÐis heartbreaking. We must pro- They were found cold and scared in the tice system in our jails. tect our children from those who would abuse middle of the night; scarred, certainly This legislation, introduced by my their trusting souls and prey on their inno- physically, but more importantly, colleagues from both sides of the aisle, cence. It is a moral obligation that binds us to- mentally for the rest of their lives. is not only compassionate, and it is the gether, regardless of race, religion, gender, or This is what happens on a regular right thing to do for the innocent and party affiliation. basis. helpless children of the country, but it Today, the House can reiterate its commit- So Mr. Chairman, I just rise in sup- is also the right thing to do, because ment to our children by passing the Child port of this bill. I rise in support of the this $10 million or $20 million will be- Abuse Prevention and Enforcement Act. efforts of the gentlewoman from Ohio come multiplied many times over, for As we know, our states are each different, (Mrs. JONES) on this bill. She has done each child that is protected from abuse with different needs and different resourcesÐ an excellent job. She knows this issue will be one less child in one of these what works for Florida's children may not work from the perspective of one elected other social service systems that is not for Maine's. This Bill encourages each state's local law enforcement officer and other only costly to American society, but creativity to deal with the unique needs of their activities in her community. causes so much more additional pain. children by offering greater flexibility with fed- Mr. Chairman, this is a good bill be- Ms. JACKSON-LEE of Texas. Mr. eral funds. cause it will start to address the issues Chairman, I yield 30 seconds to the The bill also doubles to $20 million a year of child abuse and neglect. It will take gentlewoman from Ohio (Mrs. JONES). the amount of money from the Crime Victims a positive, preventive step in address- Mrs. JONES of Ohio. Mr. Chairman, I Fund that can be earmarked for child abuse ing this issue. Groups like Covenant would be remiss if I did not take the victims. This fund is not taxpayer money, but House, which have 15 shelters through- opportunity to thank my staff for all money from the pockets of criminalsÐpoetic out this country, and other groups in the support and work they did with me justice, you might say. Finally, this bill in- my district, child welfare agencies, will in trying to get the Child Abuse Pre- creases access to criminal records by child hopefully receive the support they need vention and Enforcement Act passed. protective services, making it easier for those to continue their good work and to ex- I would like to thank my staff on the who work to protect our children to do their pand it so we can get at the root of record, Dan Weinheimer and other jobs. these problems, and address them in a members of my staff. No one entity can fight child abuse alone. humane way so we can break the cycle Working together, as partners, states and b 1530 and we can develop the love that is Congress can make a difference. needed for our children to succeed. Ms. JACKSON-LEE of Texas. Mr. Mrs. CHRISTENSEN. Mr. Speaker, as a co- In conclusion, I just want to thank Chairman, I yield myself such time as sponsor of H.R. 764, the Child Abuse Preven- the gentlewoman from Texas (Ms. I may consume. tion and Enforcement Act, I am proud to rise JACKSON-LEE) and the gentlewoman I think that was an extremely impor- in strong support of its passage. I am also from Ohio (Mrs. JONES) for all of their tant statement, and I do appreciate the equally proud of my colleagues Congress- efforts, and my colleague from Florida, work of the staff on all of the commit- women PRYCE and JONES of Ohio for their as well as my colleague from Ohio. tees and all of the Members’ staff, and leadership in bringing this bill forward. I ap- Mr. MCCOLLUM. Mr. Chairman, I let me simply say we have heard a plaud them for their efforts and on behalf of yield 2 minutes to the gentleman from phrase used in another effort: a mind is children across this country thank them and all Pennsylvania (Mr. GREENWOOD). a terrible thing to waste. I would para- of the cosponsors of this bill. Mr. GREENWOOD. Mr. Chairman, I phrase it to say that a child is a ter- The abuse, and I include neglect, of children thank the gentleman for yielding time rible person to lose or to waste their is a most heinous crime, for all of the obvious to me. lives or to see that child abused. reasons. Adults are supposed to protect and Mr. Chairman, there is a Jesuit ex- So I want to applaud the proponents nurture children, and provide a suitable and pression that says, let us have the chil- of this legislation; I am delighted to supportive environment for their optimal devel- dren for the first 7 years, and then the join and be a cosponsor of it, and I hope opment. It is a sacred trust, and one that must world can have them. What that means that we can quickly move this legisla- be upheld at all costs. H.R. 764 will help us is that when children in their earliest tion to see not one other life snuffed to do this better. years are loved and nurtured, and when out. Not only another child’s life I also find that it is the most insidious of they are instilled with values and self- snuffed out because we have been ne- crimes, because in many of the problems that confidence, then they will have the glectful in providing the resources that plague our countryÐdomestic abuse, teen October 5, 1999 CONGRESSIONAL RECORD — HOUSE H9357 pregnancy, drugs addiction, youth violence This body has long worked to promote poli- (2) in paragraph (2), by inserting before the and delinquency, as well as many adult cies which seek to protect our children, guided period at the end the following: ‘‘or to pro- crimesÐone will find that child abuse is gen- by common sense, and by the general idea vide child protective workers and child wel- erally a root cause. fare workers (in public and private agencies, that a child's environment and experiences who, in the course of their official duties, are The national statistics on child abuse are may have an influence on the type of person engaged in the assessment of risk and other also very alarming. Many of my colleagues will he or she will turn out to be. actions related to the protection of children, recount these disturbing facts as we debate Extensive research on child development including placement of children in foster H.R. 764 today. Even in my own district, the issues in recent years has made it increas- care) access to criminal conviction informa- U.S. Virgin Islands, we have seen an unac- ingly evident that the relationship between the tion and orders of protection based on a ceptable increase in the numbers of children nature of a child's upbringing and the mental claim of domestic or child abuse, or to im- affected. And we know, that as in every other and emotional health of that child undoubtedly prove law enforcement access to judicial cus- district, not every case is found or reported. exists. Though there is still much for us to tody orders, visitation orders, protection or- This fact, as well as, the fact that it is a crime ders, guardianship orders, stay away orders, learn, we know that the link is there, and this or other similar judicial orders’’. that has far and long reaching consequences knowledge alone should be enough to (c) REVIEW OF APPLICATIONS.—Section that can affect even subsequent generations strengthen our resolve to enact policies which 1404(a) of such Act (42 U.S.C. 3796aa–3(a)) is of our children, makes our responsibility and shelter our children from harmful behavior and amended in the matter preceding paragraph response to this issue even more critical. influences. I believe the work of this Congress (1) by inserting after ‘‘to receive a grant’’ The Child Abuse Prevention and Enforce- attests to an active recognition of the impor- the following: ‘‘for closed circuit televising ment Act, through making resources available tance of promoting such policies. In June, I of testimony of children who are victims of to those individuals who work every day to was encouraged to see the House approve abuse’’. prevent child abuse and protect our children, (d) DEFINITIONS.—Section 1409(2) of such unanimously as an amendment to the juvenile Act (42 U.S.C. 3796aa–8(2)) is amended by in- makes a vital and most important contribution, justice legislation my bill on child hostages, not only to each and every child that is saved, serting before the period at the end the fol- which strengthens the penalties against those lowing: ‘‘or the taking of a child in violation but also to the future of this nation. individuals who take a child hostage. The of a court order’’. Mr. Speaker, H.R. 764 is not an investment House consideration of H.R. 764 today, I (e) CONFORMING AMENDMENT.—Part N of we ought to make. It is one we must make. think, further demonstrates the strength of this title I of such Act (42 U.S.C. 3796aa) is Our children deserve and need us to do ev- body's commitment to our children, and I urge amended in the heading to read as follows: erything within our power to protect them and my colleagues to support its passage. ‘‘PART N—GRANTS FOR CLOSED-CIRCUIT to ensure the kind of safe and nurturing envi- Mr. MCCOLLUM. Mr. Chairman, I TELEVISING OF TESTIMONY OF CHIL- ronment that will allow them to develop their yield back the balance of my time. DREN WHO ARE VICTIMS OF ABUSE AND fullest potential. The CHAIRMAN. All time for general FOR IMPROVING ACCESS TO COURT I strongly support H.R. 764 and I ask my debate has expired. AND LAW ENFORCEMENT RECORDS FOR colleagues to vote in favor of its passage. Pursuant to the rule, the bill is con- THE PURPOSE OF PREVENTING CHILD ABUSE’’. Mr. HOBSON. Mr. Chairman, I rise in strong sidered read for amendment under the support of H.R. 764, the Child Abuse Preven- SEC. 3. USE OF FUNDS UNDER BYRNE GRANT 5-minute rule. PROGRAM FOR CHILD PROTECTION. tion and Enforcement Act. The text of H.R. 764 is as follows: Providing for the safety and well-being of Section 501(b) of title I of the Omnibus our children is one of society's most sacred H.R. 764 Crime Control and Safe Streets Act of 1968 obligations. Our children represent the future. Be it enacted by the Senate and House of Rep- (42 U.S.C. 3751) is amended— resentatives of the United States of America in (1) by striking ‘‘and’’ at the end of para- But child abuse takes away their future. It cru- Congress assembled, graph (25); elly takes away their hope and promise of re- SECTION 1. SHORT TITLE. (2) by striking the period at the end of alizing their talents and dreams. Child abuse This Act may be cited as the ‘‘Child Abuse paragraph (26) and adding ‘‘; and’’; and denies our children a life of happiness and ful- Prevention and Enforcement Act’’. (3) by adding at the end the following: fillment by inflicting emotional and psycho- SEC. 2. IMPROVEMENT OF ACCESS TO CERTAIN ‘‘(27) enforcing child abuse and neglect logical scars that persist for the rest of their COURT AND LAW ENFORCEMENT laws and programs designed to prevent child lives. RECORDS TO PREVENT CHILD abuse and neglect.’’. This important piece of legislation will con- ABUSE. SEC. 4. INCREASE IN SET ASIDE FOR CHILD (a) DESCRIPTION OF GRANT PROGRAM.—Sec- ABUSE VICTIMS UNDER THE VIC- front child abuse head on. It will protect our tion 1402 of the Omnibus Crime Control and children, and assist those vulnerable children TIMS OF CRIME ACT OF 1984. Safe Streets Act of 1968 (42 U.S.C. 3796aa–1) is Section 1402(d)(2) of the Victims of Crime who've been the victims of abuse. One of the amended by adding before the period at the Act of 1984 is amended by striking aims of this legislation is to prevent child end the following: ‘‘or to provide child pro- ‘‘$10,000,000’’ and inserting ‘‘$20,000,000’’. abuse before it happens. Because law en- tective workers and child welfare workers The CHAIRMAN. During consider- forcement is best conducted at the local level, (in public and private agencies, who, in the ation of the bill for amendment, the law enforcement officials in communities course of their official duties, are engaged in Chair may accord priority in recogni- across America will be given the flexibility and the assessment of risk and other actions re- tion to a Member offering an amend- resources to combat the incidence of child lated to the protection of children, including placement of children in foster care) access ment that he has printed in the des- abuse. to criminal conviction information and or- ignated place in the CONGRESSIONAL This legislation also will increase the funding ders of protection based on a claim of domes- for the Crime Victims Fund. These are not tax- RECORD. Those amendments will be tic or child abuse, or to improve law enforce- considered read. payer dollars, but revenues from forfeited as- ment access to judicial custody orders, visi- The Chairman of the Committee of sets and fines paid to the government. This tation orders, protection orders, guardian- funding can be used by the states for critical ship orders, stay away orders, or other simi- the Whole may postpone a request for a services such as training child protection work- lar judicial orders’’. recorded vote on any amendment and ers and supporting child advocacy centers. (b) APPLICATION TO RECEIVE GRANTS.—Sec- may reduce to a minimum of 5 minutes I recently had a very tragic case of child tion 1403 of such Act (42 U.S.C. 3796aa–2) is the time for voting on any postponed amended— question that immediately follows an- abuse in my district. Three-year old Ashley (1) in paragraph (1), by inserting before the Taggart from Lancaster, Ohio was abducted other vote, provided that the time for semicolon at the end the following: ‘‘or to voting on the first question shall be a and abused. After an excruciating ordeal, she provide child protective workers and child was returned to safety. Though we cannot welfare workers (in public and private agen- minimum of 15 minutes. take this experience away, we can try to give cies, who, in the course of their official du- Are there any amendments to the Ashley a chance to lead a normal life. ties, are engaged in the assessment of risk bill? Mr. Chairman, this legislation is for Ashley, and other actions related to the protection AMENDMENT IN THE NATURE OF A SUBSTITUTE and for the thousands of children like her of children, including placement of children OFFERED BY MR. MCCOLLUM across America. It is for the safety and well- in foster care) access to criminal conviction Mr. MCCOLLUM. Mr. Chairman, I information and orders of protection based offer an amendment in the nature of a being of all our children who deserve the best on a claim of domestic or child abuse, or to that life can give them. improve law enforcement access to judicial substitute. Mrs. KELLY. Mr. Speaker, I rise in support custody orders, visitation orders, protection The Clerk read as follows: of the legislation introduced by my colleague orders, guardianship orders, stay away or- Amendment in the nature of a substitute from Ohio, Congresswoman PRYCE. ders, or other similar judicial orders’’; and offered by Mr. MCCOLLUM: H9358 CONGRESSIONAL RECORD — HOUSE October 5, 1999 Strike all after the enacting clause and in- Secondly, H.R. 764 would also amend The text of the amendment to the sert the following: the Victims of Crime Act of 1984, which amendment in the nature of a sub- SECTION 1. SHORT TITLE. created the Crime Victims Fund. The stitute is as follows: This Act may be cited as the ‘‘Child Abuse fund is financed through the collection Amendment offered by Ms. JACKSON- Prevention and Enforcement Act’’. of criminal fines, penalty assessments, LEE of Texas to the amendment in the SEC. 2. GRANT PROGRAM. and forfeited appearance bonds of per- nature of a substitute offered by Mr. Section 102(b) of the Crime Identification sons convicted of crimes against the MCCOLLUM: Technology Act of 1998 (42 U.S.C. 14601(b)) is United States. In fiscal 1998, $363 mil- On Page 1, line 15 after ‘‘protection of chil- amended by striking ‘‘and’’ at the end of dren,’’ insert ‘‘including protection against paragraph (15), by striking the period at the lion was deposited into the fund for dis- tribution during this fiscal year. The child sexual abuse,’’. end of paragraph (16) and inserting ‘‘; and’’, On page 2, line 11, after ‘‘neglect laws’’ in- and by adding after paragraph (16) the fol- fund provides money to States to com- sert, ‘‘including laws protecting against lowing: pensate crime victims directly, and it child sexual abuse,’’. ‘‘(17) the capability of the criminal justice provides other grants to States which Ms. JACKSON-LEE of Texas (during system to deliver timely, accurate, and com- are then distributed to public and non- the reading). Mr. Chairman, I ask plete criminal history record information to profit agencies that provide direct child welfare agencies, organizations, and unanimous consent that the amend- services to crime victims. Under cur- ment to the amendment in the nature programs that are engaged in the assessment rent law, the first $10 million deposited of risk and other activities related to the of a substitute be considered as read protection of children, including placement in the fund each year is to be expended and printed in the RECORD. of children in foster care.’’. by the Secretary of Health and Human The CHAIRMAN. Is there objection SEC. 3. USE OF FUNDS UNDER BYRNE GRANT Services for grants relating to child to the request of the gentlewoman PROGRAM FOR CHILD PROTECTION. abuse prevention and treatment. from Texas? Section 501(b) of title I of the Omnibus This bill, the one before us today, There was no objection. Crime Control and Safe Streets Act of 1968 would increase the earmark for child Ms. JACKSON-LEE of Texas. First of (42 U.S.C. 3751) is amended— abuse and domestic assistance program all, Mr. Chairman, let me again thank (1) by striking ‘‘and’’ at the end of para- from $10 million to $20 million. Dou- the gentleman from Florida (Mr. graph (25); bling this earmark would result in a MCCOLLUM) for his leadership on the (2) by striking the period at the end of $10 million reduction in funds that substitute and let me also thank the paragraph (26) and adding ‘‘; and’’; and would otherwise be available for grants (3) by adding at the end the following: gentlewoman from Ohio (Ms. PRYCE) ‘‘(27) enforcing child abuse and neglect to the victims compensation programs and the gentlewoman from Ohio (Mrs. laws and promoting programs designed to and the victims assistance programs. JONES) for this legislation that I had prevent child abuse and neglect.’’. Victims’ rights groups oppose dou- the pleasure of cosponsoring. SEC. 4. CONDITIONAL ADJUSTMENT IN SET ASIDE bling the earmark. In fact, they are not The focus of the amendment that I FOR CHILD ABUSE VICTIMS UNDER enamored with the earmark to begin am offering is to emphasize the hei- THE VICTIMS OF CRIME ACT OF 1984. with. My amendment offers an alter- nousness and the tragedy of child sex- Section 1402(d)(2) of the Victims of Crime native to the straight doubling of the ual abuse. So my amendment offers to Act of 1984 (42 U.S.C. 10601(d)(2)) is earmark. It would leave the current clarify that child abuse includes child amended— earmark at $10 million in place except sexual abuse, and this will add to the (1) by striking ‘‘(2) the next $10,000,000’’ and inserting ‘‘(2)(A) Except as provided in sub- in any fiscal year when the amount of information that the child abuse work- paragraph (B), the next $10,000,000’’; and money deposited in the fund exceeds ers will be able to secure and to be able (2) by adding at the end the following: what was deposited for fiscal year 1998, to investigate in order to determine ‘‘(B)(i) For any fiscal year for which the $363 million. When more than that whether there has been child sexual amount deposited in the Fund is greater amount of money is deposited, half of abuse. than the amount deposited in the Fund for the extra money would be allocated for Let me emphasize why this is an im- fiscal year 1998, the $10,000,000 referred to in child abuse prevention and treatment, portant distinction, because most often subparagraph (A) plus an amount equal to 50 but the total amount available in any when we think of child abuse we think percent of the increase in the amount from fiscal year would not exceed $20 mil- of the physical abuse that may be no- fiscal year 1998 shall be available for grants lion. ticeable. The knocked head, the under section 1404A. bruised arm, the broken arm, the bro- ‘‘(ii) Amounts available under this sub- Mr. Chairman, it is my under- paragraph for any fiscal year shall not ex- standing it is likely that this fund will ken leg, the burn on the body, physical ceed $20,000,000.’’. be well in excess of the $363 million fig- things that can be seen by a school counselor, a teacher, a friend or a pas- Mr. MCCOLLUM. Mr. Chairman, I am ure over the next couple of years, so I tor. offering an amendment today in the think there will be more than an ade- quate amount of money to fund the But sometimes children suffer in the nature of a substitute to this bill to ad- quietness and the horror of sexual dress two aspects that I have concerns programs that are in this bill. I believe my amendment to H.R. 764 balances abuse that cannot be detected by look- with. ing at a child fully clothed, and the First, H.R. 764 would authorize the the interests of all stakeholders and I urge all of my colleagues to support idea is to ensure that in this new legis- Bureau of Justice Assistance to use a lation we have a circumstance where small grant program that helps pur- this. Ms. JACKSON-LEE of Texas. Mr. this is on the minds of those child chase equipment so that children testi- Chairman, I rise in support of the abuse investigators should they not fying in abuse cases can do so via amendment offered by the gentleman also inquire, look, examine, and deter- closed circuit television to also fund from Florida (Mr. MCCOLLUM). mine whether the child has been sexu- the purposes stated in Section 2 of this Mr. Chairman, I just want to add my ally abused. bill. I am told there is just not enough support for the McCollum amendment Let me cite the numbers of sexually money in this program to fund the and to indicate that the value of add- abused children. The numbers are CAPE Act. The funds for that program ing dollars to prevent child abuse going up. In 1990, there were 127,000 are consumed annually for their origi- among many other things is a key part children abused sexually. In 1991, it nal purpose, and I do not believe we of the effort that we are trying to do goes up, 129,425. When we go to 1992, should dilute them. today. sexual abuse goes 130,000, 14 percent. My amendment would authorize AMENDMENT OFFERED BY MS. JACKSON-LEE OF 1993, 139,000. Each year the number of funding under the Crime Identification TEXAS TO THE AMENDMENT IN THE NATURE OF children sexually abused increases. Technology Act, a bill enacted last A SUBSTITUTE OFFERED BY MR. MCCOLLUM When we look at close to 3 million chil- year to improve the operation of the Ms. JACKSON-LEE of Texas. Mr. dren who are reported abused, we find criminal justice system by upgrading Chairman, I offer an amendment to the that 12 percent of them suffered sexual criminal justice and general justice amendment in the nature of a sub- abuse. record systems. I supported the passage stitute. Mr. Chairman, might I offer to those of that bill in the House last year, and The CHAIRMAN. The Clerk will des- who are able to, I guess, tolerate hear- I believe it is a perfect fit for the pur- ignate the amendment to the amend- ing about the horrificness, the heinous- poses behind the bill before us today. ment in the nature of a substitute. ness about what happens when a child October 5, 1999 CONGRESSIONAL RECORD — HOUSE H9359 is sexually abused by citing the report Sexual abuse is often committed by a family saulted, molested, or otherwise sub- on the autopsy of JonBenet Ramsey, a member. Incest is the most common form of jected to exploitation of a sexual mat- case that still stands as one of the sin- child sexual abuse. However, anyone can ter. gular cases of terrible child abuse and, commit sexual abuse against a child. It is In 18 USC 3509, the term ‘‘child of course, an unsolved murder of a often perpetrated by adults that have been en- abuse’’ is defined to mean the physical child. trusted with caring for a childÐa family friend, or mental injury, sexual abuse, exploi- What the autopsy says is that this babysitter, a teacher, day care worker, or even tation, or negligent treatment of a particular child was found to have been religious leaders. Even a child can commit child. whacked. Her head was whacked sexual abuse against another child. So I believe the term is very clearly against something, and then she was The purpose of my amendment is to specify in law defined to include sexual abuse, still alive and strangled. The autopsy the importance of sexual abuse as a crime but I think the gentlewoman’s purpose goes on to note there are two injuries that should be recognized by child welfare and here as she stated it is to make it clear in that autopsy that could have killed child protection workers when investigating that anyone reading the words that we her. One is a strangulation, the other is incidences of child abuse. publish today in this legislation, espe- the assorted brain injuries. It is not It gives protection and child welfare workers cially those who are caseworkers on clear in what sequence. Meyer found an access to the conviction records and orders of matters of child abuse, will look fur- abrasion on the girl’s hymen, which protection based on sexual abuse, in addition ther and make sure they look for sex- other experts said could indicate a sex- to domestic and child abuse. A history of sex- ual abuse as well. And to that end I ual assault. The size of the girl’s ual abuse, whether it is against a child or an compliment her for it and I support her hymen, which Meyer measured at 1 adult, is significant information. amendment. centimeter by 1 centimeter, should Sexual abuse against children is a harsh re- Mrs. MALONEY of New York. Mr. have more significance. ‘‘The thing ality that is very common. At least one out of Chairman, I move to strike the req- that concerns me is that the hymenal five adult women and one out of ten adult men uisite number of words. Mr. Chairman, I rise in support of opening is measured at 1 centimeter, report having been sexually abused as chil- this bill, the Child Abuse Prevention which is too large,’’ said Kirschner, a dren. These cases may represent the untold and Enforcement Act, and commend child abuse specialist, ‘‘but if in fact stories of many children, now adults, who suf- my friends the gentlewoman from Ohio that was the real measurement, that is fered in silence due to sexual abuse. (Ms. PRYCE), the gentlewoman from twice the diameter that it should be. Now, we have mechanisms in place to in- Ohio (Mrs. JONES), the gentlewoman Usually a hymen in a young child like vestigate incidences of child abuse. However, from Texas (Ms. JACKSON-LEE), and the this should be 4 millimeters.’’ in some cases, certain information about an gentleman from Florida (Mr. MCCOL- And so there was discussion, horrible alleged abuser's past may not be available. LUM) and many others for their work in discussion about whether or not This bill remedies that situation by making bringing this important issue to the JonBenet Ramsey was sexually abused. criminal records for sexual abuse available. floor today. ‘‘There is blood and contusions in the In Texas, there were more than 111,000 in- This is an important bill in the fight vagina and the hymen has been torn.’’ vestigations of child abuse and neglect by the Yes, descriptive, horrific, but every to end the cycle of violence in Amer- Child Protective Services in Texas. Of those day our children face this kind of as- ica’s homes. In my State of New York, cases, 7,650 were sexual abuse. sault. So I think it is extremely impor- my home State of New York, a child is In one infamous case, the death of tant that this language emphasizes the reported abused or neglected every 2 JonBenet Ramsey, sexual assault may have protection of our children as the legis- minutes. Two thousand children die been a factor in her death. The autopsy was lation already does; but it emphasizes a each year as a result of abuse or ne- released this summer and was inconclusive as real focus on sexually abused children glect. to whether the child had been sexually as- along with other abuse. It does not in To make matters even worse, many saulted. However, it was clear to the investiga- any way diminish the importance of of these young people will grow up to tors that in a case such as this, an inquiry had other abuse, but realizes that children abuse their children and the cycle will to be made concerning possible sexual as- can suffer in silence with child abuse, continue. That is why this bill is so im- and it cannot easily be detected. sault. portant. It will put needed resources in This change only adds the term ``sexual Mr. Chairman, I would hope that my places to help those children who need abuse'' to the bill in an attempt to give child colleagues would support this amend- help the most. It will stress prevention protection and child welfare workers another ment because it again states to our which is very, very important in break- factor to consider when assessing the risk re- child abuse investigators: be thorough ing the cycle of violence. It will double lated to the protection of children. in your work, do not be limited in your the funding used to train child protec- I ask my Colleagues to support this tech- work, and realize that our children suf- tive service workers and court-ap- nical amendment to this bill. It is fer in silence when they are sexually pointed special advocates. A very im- uncontroversial and it would further enhance abused and you need to inquire and portant component of this bill allows the ability of the abuse and neglect system to draw from them the information that grant money to be used to purchase combat child abuse. Thank you. will protect and save the lives of Amer- equipment, allowing abused children to ican children. Mr. MCCOLLUM. Mr. Chairman, I move to strike the last word. testify in court through closed circuit Mr. Chairman, I have an amendment that I television. would like to offer to this bill. In its present Mr. Chairman, I will not take the 5 b form, this bill has a tremendous impact on the minutes. I do not oppose this amend- 1545 current abuse and neglect system by enhanc- ment, but I want to point out to the This creates the least intimidating ing the services available. This amendment I gentlewoman that the term ‘‘child situation for children who are already am offering would give child protective and abuse’’ is already defined in two dif- under enormous pressure to tell their child welfare workers additional access to ferent sections of the Federal Criminal stories. criminal records that would include convictions Code, and in both cases the term is de- We currently have a network of one- for sexual abuse. fined to include both physical violence stop, child-friendly places where all According to the statistics on abuse, 12 per- and sexual abuse. services are housed under one roof. cent of the abuse is sexual abuse. Any discus- In 18 USC Section 1169, the statute These Child Advocacy Centers per- sion of child abuse is incomplete without in- that requires doctors, teachers, and form life-saving work, but they need cluding the growing problem of child sexual childcare workers to report any sus- more money. According to Christine abuse and exploitation. pected case of child abuse that takes Crowder of the Child Advocacy Center Child sexual abuse is any sex act performed place in Indian country the term in Manhattan, in the district that I by an adult or an older child. This includes ac- ‘‘child’’ and ‘‘abuse’’ are defined to in- represent, this bill helps children on a tual physical abuse such as touching a child's clude any case where the child is very basic level. It will provide a co- genital area or molestation, and it also in- bruised, bleeding, malnourished, ordination of services, which is key to cludes sexual assault, self-exposure (flashing), burned, has broken bones and other helping victims of child abuse. voyeurism, and exposing children to pornog- physical injuries, and also includes When a child abuse case is being as- raphy. cases where is the child is sexual as- sessed, it is important for the social H9360 CONGRESSIONAL RECORD — HOUSE October 5, 1999 workers and other advocates, police of- Texas (Ms. JACKSON-LEE) and others, Now we talk about abuse in all of the ficers, to know about all protective or- the gentlewoman from Ohio (Ms. forms that I said earlier that, every ders, restraining orders, visitation or- PRYCE) especially would think care- minute, a child is abused or neglected ders, and guardianship orders. That is fully about making money available to in the State of California. But here we why this one-stop Child Advocacy Cen- community-based organizations for are talking about sexual abuse, some- ter is so important and the funding is proper purposes and with account- thing that is hard to detect, because it so desperately needed. ability but without so many strings at- is not a visual thing, per se, not until I congratulate all the Members of tached and so much Federal or State one has been able to get that child to Congress who have been working on control over what happens to the really talk out and speak out on what this legislation, and I congratulate money once it gets there. has happened. them for focusing our efforts to pre- Accountability is a good thing. It has We also recognize, Mr. Chairman, vent and combat child abuse. to be. But at least the crisis nursery that the majority of the children who Mr. NETHERCUTT. Mr. Chairman, I thus far has rejected Federal funds ap- have been abused were abused by peo- move to strike the requisite number of plication or State funds application for ple whom they knew. The victims usu- words. just that reason. It is burdensome and ally know the offender in eight out of Mr. Chairman, I also rise to support creates more problems sometimes than 10 reported cases. this legislation that seeks to address it is worth. When we got to the bottom of this the issue of child abuse and prevent it But I really think that the model case, Mr. Chairman, we detected that and treat it. It is a terrible problem in that is established through the this child had been abused by an uncle, our society. More than anything, I Vanessa Behan Crisis Nursery in Spo- an adult male in the family. She did want the House and the Speaker to un- kane, I think it is the only one in our not want to tell this because she really derstand the value of community-based entire State that has addressed this did not want to divulge something that child abuse prevention efforts, like issue of child abuse prevention. It is a would hurt the family, though she was that which exists in my hometown of safe haven respite care facility for hurt. Spokane, Washington. kids, young children who are the sub- We must do all that we can to train In the mid-1980s, a group of us de- ject of abuse or potential abuse. But it and teach parents to know when per- cided that, in order to address this may be temporary. haps something is wrong with their growing problem, something needed to It is an opportunity for the parents of child and the child has been sexually be done to have a safe place for chil- these kids or the custodians or guard- abused. dren who are potentially abused chil- ians to get out and get some social Abuse in all other forms tends to be dren to go until their parents or guard- services help, which I think probably detected earlier than that of sexual ians or custodians could have a chance will be help in this bill as well. abuse. So, Mr. Chairman, the American So I commend my colleagues to this to get the variable social services that Academy of Pediatrics believe that model, to the great success of the crisis might be available, whether it is job parents need not feel frightened or nursery in Spokane, Washington, and I loss advice or alcohol abuse advice or helpless about this problem, and they suggest that those who may be inter- other assistance. provide the following information: One ested in this look to the crisis nursery So we started a group called the must teach one’s child about the pri- as an example of what can be done in a Vanessa Behan Crisis Nursery. It is a vacy of his or her body parts; listen to nongovernmental charitable commu- nonprofit charitable organization that the child to ensure that, if something nity-based organizational way. exists today without any government With that, I will support this bill, is wrong and it is difficult for them to funds. It is all community supported and I thank the gentleman from Flor- bring this out, for one to really draw and assisted, from labor unions to com- ida (Mr. MCCOLLUM) and others who and continue to give them that sup- munity leaders, to business leaders, to work so hard to make this concept of port; giving one’s child enough time social service assistance, to Junior child abuse a prominent one and pre- and attention where he or she will di- League of Spokane and many, many vent the child abuse that exists so vulge this; know one’s child and what others who have banded together to much in our country today. type of time is being spent with her; contribute clothing, have bought a Ms. MILLENDER-MCDONALD. Mr. check one’s child to make sure there is house and converted it through the as- Chairman, I move to strike the req- nothing wrong physically; talk to one’s sistance of contractors and labor union uisite number of words. child about sexual abuse; let them tradesmen and made this house a home Mr. Chairman, I rise in support of know that even, yes, surely someone in for children who are potentially abused this great piece of legislation. Again, I the family could abuse them sexually; children. To this day, they do not take would like to thank my colleagues, the and then have them to tell somebody any State or Federal money. gentlewoman from Ohio (Ms. PRYCE), in authority when this has happened. So my point to the Speaker and the the gentlewoman from Ohio (Mrs. We cannot, Mr. Chairman, continue House is that it can be done outside of JONES), and especially the gentle- to allow our young children to be sexu- the auspices of government, but there woman from Texas (Ms. JACKSON-LEE), ally abused because it does, as it has is also a challenge that the Vanessa the amendment that I speak to now. been said, go on into adulthood, and Behan Crisis Nursery has, and its won- Sexual abuse of children is a harsh then they, too, become an abuser. derful director Sue Manford in trying fact of life in our society, Mr. Chair- Ms. JACKSON-LEE of Texas. Mr. to have phase two of the crisis nursery man. It is more common than most Chairman, will the gentlewoman yield? be constructed, terribly expensive, ter- people realize. Some surveys say that Ms. MILLENDER-MCDONALD. I ribly difficult to get more money to try at least one out of five adult women yield to the gentlewoman from Texas. to assist in this program. But it is a and one out of 10 adult men report hav- Ms. JACKSON-LEE of Texas. Mr. valuable program. ing had sexual abuse in childhood. Chairman, first of all, I appreciate the My hope would be that, as we discuss I would like to just give my col- gentlewoman’s personal stories as an the issue of child abuse and child abuse leagues an example, Mr. Chairman, of educator. I appreciate the comments of prevention, that we think about the when I was a teacher and this young the gentleman from Florida (Mr. nonprofit charity, I believe commu- woman came to school. She was MCCOLLUM). The reason for empha- nity-based and supported operations dressed in clothes, just like any other sizing sexual abuse is to note that chil- that can go such a long way to helping child would be, very nicely dressed; but dren may be sexually abused by family solve this problem of child abuse and deep down within, I saw a sadness in members or nonfamily members and protection of children without the bu- her eyes. are more frequently abused by males, reaucracy and the strings that are at- When I attempted to talk with her, but boys and girls are victimized. One tached many, many times to govern- she started crying. I could not get her is not more than the other. ment money. to divulge at that time what had actu- The key of this is to give an extra So I would hope that my colleagues, ally happened. It was several days be- added emphasis tool, if you will, not the gentleman from Florida (Mr. fore I could draw from her that she had exclusionary tool, to these child abuse MCCOLLUM) and the gentlewoman from been sexually abused. investigators to remember that sexual October 5, 1999 CONGRESSIONAL RECORD — HOUSE H9361 abuse can be the silent abuse, that one matter of fact, the Commerce, Justice, Florida (Mr. MCCOLLUM) will be post- really must have to investigate very State appropriations bill, which has re- poned. thoroughly. cently passed this House, would have Mr. MCCOLLUM. Mr. Chairman, I Ms. MILLENDER-MCDONALD. Mr. us cap the amount of money available move that the Committee do now rise. Chairman, reclaiming my time, I would to crime victims at $500 million in a fu- The motion was agreed to. like to say the gentlewoman from tile effort to balance the budget. Accordingly, the Committee rose; Texas (Ms. JACKSON-LEE) has said it I have some concern that any caps and the Speaker pro tempore (Mr. CAL- all. I support her amendment. imposed by Congress could threaten LAHAN) having assumed the chair, Mr. The CHAIRMAN. The question is on the stream of victims compensation HANSEN, Chairman of the Committee of the amendment offered by the gentle- payments. As a matter of fact, in 1996, the Whole House on the State of the woman from Texas (Ms. JACKSON-LEE) the needs of crime victims were so Union, reported that that Committee, to the amendment in the nature of a great that we expended funds in excess having had under consideration the bill substitute offered by the gentleman of the proposed cap. (H.R. 764) to reduce the incidence of from Florida (Mr. MCCOLLUM). To victim advocates such as myself, child abuse and neglect, and for other The question was taken; and the maximizing the stream of victim as- purposes, had come to no resolution Chairman announced that the ayes ap- sistance grants through the Victims of thereon. peared to have it. Crime Act is of the utmost importance, f Ms. JACKSON-LEE of Texas. Mr. given the many large gaps in victims Chairman, I demand a recorded vote, services found in most communities PERSONAL EXPLANATION and pending that, I make the point of today. Mr. DOYLE. Mr. Speaker, on October order that a quorum is not present. We should never allow any cap to 4, I was unavoidably detained and The CHAIRMAN. Pursuant to House limit the amount of funds available for missed rollcall votes 470, 471, 472, and Resolution 321, further proceedings on the prosecution of child abuse cases. 473. Had I been present, I would have the amendment offered by the gentle- This is why the amendment is sup- voted ‘‘yes’’ on all four votes. woman from Texas (Ms. JACKSON-LEE) ported by victims groups such as the to the amendment in the nature of a National Organization for Victims As- f substitute offered by the gentleman sistance. My amendment guarantees RECESS from Florida (Mr. MCCOLLUM) will be that this bill will take full and imme- postponed. diate effect regardless of any gap. The SPEAKER pro tempore. Pursu- The point of no quorum is considered If my colleagues support victims of ant to clause 12 of rule I, the Chair de- withdrawn. crime in general and child abuse vic- clares the House in recess until ap- proximately 4:30 p.m. AMENDMENT OFFERED BY MRS. JONES OF OHIO tims in particular, they should support Accordingly (at 4 p.m.), the House TO THE AMENDMENT IN THE NATURE OF A SUB- this amendment. I urge Members on STITUTE OFFERED BY MR. MCCOLLUM both sides of the aisle to join me in stood in recess until approximately 4:30 Mrs. JONES of Ohio. Mr. Chairman, I supporting this amendment. p.m. offer an amendment to the amendment Mr. MCCOLLUM. Mr. Chairman, will f in the nature of a substitute. the gentlewoman yield? b The Clerk read as follows: Mrs. JONES of Ohio. I yield to the 1636 Amendment offered by Mrs. JONES of Ohio gentleman from Florida. AFTER RECESS to the amendment in the nature of a sub- Mr. MCCOLLUM. Mr. Chairman, I The recess having expired, the House stitute offered by Mr. MCCOLLUM: want to thank the gentlewoman from was called to order by the Speaker pro Page 2, line 17, strike ‘‘Section’’ and insert Ohio for the amendment and say it is tempore (Mr. LATHAM) at 4 o’clock and ‘‘(a) IN GENERAL.—Section’’. agreeable to me, and I am more than Page 3, after line 6, insert the following: 36 minutes p.m. happy to accept the amendment she is (b) INTERACTION WITH ANY CAP.—Sub- f section (a) shall be implemented so that any offering. It is a perfecting amendment, increase in funding provided thereby shall as I understand it. CHILD ABUSE PREVENTION AND Mrs. JONES of Ohio. Mr. Chairman, I operate notwithstanding any dollar limita- ENFORCEMENT ACT tion on the availability of the Crime Victims thank the gentleman from Florida for Fund established under the Victims of Crime his support and encouragement. The SPEAKER pro tempore. Pursu- Act of 1984. Ms. JACKSON-LEE of Texas. Mr. ant to House Resolution 321 and rule Mrs. JONES of Ohio (during the read- Chairman, will the gentlewoman yield? XVIII, the Chair declares the House in ing). Mr. Chairman, I ask unanimous Mrs. JONES of Ohio. I yield to the the Committee of the Whole House on consent that the amendment to the gentlewoman from Texas. the State of the Union for the further amendment in the nature of a sub- Ms. JACKSON-LEE of Texas. Mr. consideration of the bill, H.R. 764. stitute be considered as read and print- Chairman, I want to thank the gentle- b 1637 ed in the RECORD. woman from Ohio for a very astute The CHAIRMAN. Is there objection amendment. Without resources, we IN THE COMMITTEE OF THE WHOLE to the request of the gentlewoman cannot do our job. I will be happy to Accordingly, the House resolved from Ohio? support the amendment, and I con- itself into the Committee of the Whole There was no objection. gratulate the gentlewoman for her ef- House on the State of the Union for the Mrs. JONES of Ohio. Mr. Chairman, fort and vision. further consideration of the bill (H.R. my amendment is simple and straight- The CHAIRMAN. The question is on 764) to reduce the incidence of child forward. It strengthens the underlying the amendment offered by the gentle- abuse and neglect, and for other pur- bill and manager’s amendment by en- woman from Ohio (Mrs. JONES) to the poses, with Mr. BLUNT (Chairman pro suring that any increase in funding amendment in the nature of a sub- tempore) in the chair. provided for under the bill will not be stitute offered by the gentleman from The Clerk read the title of the bill. prejudiced by any dollar cap imposed Florida (Mr. MCCOLLUM). The CHAIRMAN pro tempore. When on the victims of crime fund. This will The question was taken; and the the Committee of the Whole rose ear- help to ensure that Congress will not Chairman announced that the ayes ap- lier today, the demand for a recorded attempt to balance the budget on the peared to have it. vote on the amendment offered by the backs of crime victims in general and Mrs. JONES of Ohio. Mr. Chairman, I gentlewoman from Ohio (Mrs. JONES) victims of sexual abuse in particular. demand a recorded vote. to the amendment in the nature of a I wish I was not forced to offer this The CHAIRMAN. Pursuant to House substitute offered by the gentleman amendment, but I must do so because I Resolution 321, further proceedings on from Florida (Mr. MCCOLLUM) had been fear that some will attempt to tap into the amendment offered by the gentle- postponed and the bill was open for money which will otherwise be avail- woman from Ohio (Mrs. JONES) to the amendment at any point. able to assist in criminal enforcement amendment in the nature of a sub- Are there further amendments to the and compensate crime victims. As a stitute offered by the gentleman from bill? H9362 CONGRESSIONAL RECORD — HOUSE October 5, 1999

SEQUENTIAL VOTES POSTPONED IN COMMITTEE Evans Lantos Reyes Wexler Wilson Wu OF THE WHOLE Everett Largent Reynolds Weygand Wise Wynn Ewing Larson Riley Whitfield Wolf Young (AK) The CHAIRMAN pro tempore. Pursu- Farr Latham Rivers Wicker Woolsey Young (FL) ant to House Resolution 321, pro- Fattah LaTourette Rodriguez NOT VOTING—10 ceedings will now resume on those Filner Lazio Roemer amendments on which further pro- Fletcher Leach Rogan Blumenauer Mascara Scarborough Foley Lee Rogers Boucher McKinney Waters ceedings were postponed in the fol- Forbes Levin Rohrabacher Jefferson Meeks (NY) lowing order: amendment offered by Ford Lewis (CA) Ros-Lehtinen LaHood Moore the gentlewoman from Texas (Ms. Fossella Lewis (GA) Rothman Fowler Lewis (KY) Roukema b 1658 JACKSON-LEE) to the amendment in the Frank (MA) Linder Roybal-Allard nature of a substitute offered by the Franks (NJ) Lipinski Royce Mr. PAUL changed his vote from gentleman from Florida (Mr. MCCOL- Frelinghuysen LoBiondo Rush ‘‘no’’ to ‘‘aye.’’ LUM); amendment offered by the gen- Frost Lofgren Ryan (WI) So the amendment to the amendment Gallegly Lowey Ryun (KS) in the nature of a substitute was tlewoman from Ohio (Mrs. JONES) to Ganske Lucas (KY) Sabo the amendment in the nature of a sub- Gejdenson Lucas (OK) Salmon agreed to. stitute offered by the gentleman from Gekas Luther Sanchez The result of the vote was announced Gephardt Maloney (CT) Sanders Florida (Mr. MCCOLLUM). as above recorded. Gibbons Maloney (NY) Sandlin The Chair will reduce to 5 minutes Gilchrest Manzullo Sanford ANNOUNCEMENT BY THE CHAIRMAN the time for any electronic vote after Gillmor Markey Sawyer The CHAIRMAN. Pursuant to House the first vote in this series. Gilman Martinez Saxton Resolution 321, the Chair announces Gonzalez Matsui Schaffer AMENDMENT OFFERED BY MS. JACKSON-LEE OF Goode McCarthy (MO) Schakowsky that he will reduce to a minimum of 5 TEXAS TO THE AMENDMENT IN THE NATURE OF Goodlatte McCarthy (NY) Scott minutes the period of time within A SUBSTITUTE OFFERED BY MR. MCCOLLUM Goodling McCollum Sensenbrenner which a vote by electronic device will Gordon McCrery Serrano be taken on the amendment on which The CHAIRMAN pro tempore. The Goss McDermott Sessions pending business is the demand for a Graham McGovern Shadegg the Chair has postponed further pro- recorded vote on the amendment of- Granger McHugh Shaw ceedings. fered by the gentlewoman from Texas Green (TX) McInnis Shays AMENDMENT OFFERED BY MRS. JONES OF OHIO Green (WI) McIntosh Sherman TO THE AMENDMENT IN THE NATURE OF A SUB- (Ms. JACKSON-LEE) to the amendment Greenwood McIntyre Sherwood in the nature of a substitute offered by Gutierrez McKeon Shimkus STITUTE OFFERED BY MR. MCCOLLUM the gentleman from Florida (Mr. Gutknecht McNulty Shows The CHAIRMAN. The pending busi- MCCOLLUM) on which further pro- Hall (OH) Meehan Shuster ness is the demand for a recorded vote Hall (TX) Meek (FL) Simpson ceedings were postponed and on which Hansen Menendez Sisisky on the amendment offered by the gen- the ayes prevailed by voice vote. Hastert Metcalf Skeen tlewoman from Ohio (Mrs. JONES) to The Clerk will designate the amend- Hastings (FL) Mica Skelton the amendment in the nature of a sub- Hastings (WA) Millender- Slaughter stitute offered by the gentleman from ment. Hayes McDonald Smith (MI) The Clerk designated the amend- Hayworth Miller (FL) Smith (NJ) Florida (Mr. MCCOLLUM) on which fur- ment. Hefley Miller, Gary Smith (TX) ther proceedings were postponed and Herger Miller, George Smith (WA) RECORDED VOTE on which the ayes prevailed by voice Hill (IN) Minge Snyder vote. The CHAIRMAN pro tempore. A re- Hill (MT) Mink Souder The Clerk will designate the amend- corded vote has been demanded. Hilleary Moakley Spence Hilliard Mollohan Spratt ment. A recorded vote was ordered. Hinchey Moran (KS) Stabenow The Clerk designated the amend- The vote was taken by electronic de- Hinojosa Moran (VA) Stark ment. vice, and there were—ayes 424, noes 0, Hobson Morella Stearns not voting 10, as follows: Hoeffel Murtha Stenholm RECORDED VOTE Hoekstra Myrick Strickland The CHAIRMAN. A recorded vote has [Roll No. 477] Holden Nadler Stump Holt Napolitano Stupak been demanded. AYES—424 Hooley Neal Sununu A recorded vote was ordered. Abercrombie Borski Coyne Horn Nethercutt Sweeney The vote was taken by electronic de- Ackerman Boswell Cramer Hostettler Ney Talent Aderholt Boyd Crane Houghton Northup Tancredo vice, and there were—ayes 389, noes 32, Allen Brady (PA) Crowley Hoyer Norwood Tanner not voting 12, as follows: Andrews Brady (TX) Cubin Hulshof Nussle Tauscher [Roll No. 478] Archer Brown (FL) Cummings Hunter Oberstar Tauzin Armey Brown (OH) Cunningham Hutchinson Obey Taylor (MS) AYES—389 Bachus Bryant Danner Hyde Olver Taylor (NC) Abercrombie Blunt Clyburn Baird Burr Davis (FL) Inslee Ortiz Terry Ackerman Boehlert Coburn Baker Burton Davis (IL) Isakson Ose Thomas Aderholt Boehner Combest Baldacci Buyer Davis (VA) Istook Owens Thompson (CA) Allen Bonilla Condit Baldwin Callahan Deal Jackson (IL) Oxley Thompson (MS) Andrews Bonior Conyers Ballenger Calvert DeFazio Jackson-Lee Packard Thornberry Armey Bono Cook Barcia Camp DeGette (TX) Pallone Thune Bachus Borski Cooksey Barr Campbell Delahunt Jenkins Pascrell Thurman Baird Boswell Costello Barrett (NE) Canady DeLauro John Pastor Tiahrt Baker Boucher Cox Barrett (WI) Cannon DeLay Johnson (CT) Paul Tierney Baldacci Boyd Coyne Bartlett Capps DeMint Johnson, E.B. Payne Toomey Baldwin Brady (PA) Cramer Barton Capuano Deutsch Johnson, Sam Pease Towns Ballenger Brady (TX) Crane Bass Cardin Diaz-Balart Jones (NC) Pelosi Traficant Barcia Brown (FL) Crowley Bateman Carson Dickey Jones (OH) Peterson (MN) Turner Barrett (NE) Brown (OH) Cubin Becerra Castle Dicks Kanjorski Peterson (PA) Udall (CO) Barrett (WI) Bryant Cummings Bentsen Chabot Dingell Kaptur Petri Udall (NM) Bartlett Burr Cunningham Bereuter Chambliss Dixon Kasich Phelps Upton Barton Buyer Danner Berkley Chenoweth-Hage Doggett Kelly Pickering Velazquez Bass Callahan Davis (FL) Berman Clay Dooley Kennedy Pickett Vento Bateman Calvert Davis (IL) Berry Clayton Doolittle Kildee Pitts Visclosky Becerra Camp Davis (VA) Biggert Clement Doyle Kilpatrick Pombo Vitter Bentsen Canady DeFazio Bilbray Clyburn Dreier Kind (WI) Pomeroy Walden Bereuter Cannon DeGette Bilirakis Coble Duncan King (NY) Porter Walsh Berkley Capps Delahunt Bishop Coburn Dunn Kingston Portman Wamp Berman Capuano DeLauro Blagojevich Collins Edwards Kleczka Price (NC) Watkins Berry Cardin DeLay Bliley Combest Ehlers Klink Pryce (OH) Watt (NC) Biggert Carson DeMint Blunt Condit Ehrlich Knollenberg Quinn Watts (OK) Bilbray Castle Deutsch Boehlert Conyers Emerson Kolbe Radanovich Waxman Bilirakis Chambliss Diaz-Balart Boehner Cook Engel Kucinich Rahall Weiner Bishop Clay Dickey Bonilla Cooksey English Kuykendall Ramstad Weldon (FL) Blagojevich Clayton Dicks Bonior Costello Eshoo LaFalce Rangel Weldon (PA) Bliley Clement Dingell Bono Cox Etheridge Lampson Regula Weller October 5, 1999 CONGRESSIONAL RECORD — HOUSE H9363 Dixon Kucinich Reyes Wolf Wu Young (AK) Ballenger Ehrlich Kolbe Doggett Kuykendall Reynolds Woolsey Wynn Young (FL) Barcia Emerson Kucinich Dooley LaFalce Rivers Barr Engel Kuykendall Doyle Lampson Rodriguez NOES—32 Barrett (NE) English LaFalce Dreier Lantos Roemer Archer Goode Porter Barrett (WI) Eshoo Lampson Duncan Larson Rogan Barr Hefley Riley Bartlett Etheridge Lantos Dunn Latham Rogers Burton Herger Sanford Barton Evans Largent Edwards LaTourette Rohrabacher Campbell Hostettler Schaffer Bass Everett Larson Ehlers Lazio Ros-Lehtinen Chabot Hunter Shadegg Bateman Ewing Latham Ehrlich Leach Rothman Chenoweth-Hage Kingston Souder Becerra Farr LaTourette Emerson Lee Roukema Coble Largent Stearns Bentsen Fattah Lazio Bereuter Filner Leach Engel Levin Roybal-Allard Collins Lewis (KY) Stump Berkley Foley Lee English Lewis (CA) Royce Deal Linder Tancredo Berman Forbes Levin Eshoo Lewis (GA) Rush Doolittle Manzullo Watts (OK) Everett Paul Berry Ford Lewis (CA) Etheridge Lipinski Ryan (WI) Evans LoBiondo Biggert Fossella Lewis (GA) Ryun (KS) NOT VOTING—12 Bilbray Fowler Lewis (KY) Ewing Lofgren Sabo Bilirakis Frank (MA) Linder Farr Lowey Blumenauer Jefferson McKinney Salmon Bishop Franks (NJ) Lipinski Fattah Lucas (KY) Ganske Jones (NC) Meeks (NY) Sanchez Blagojevich Frelinghuysen LoBiondo Filner Lucas (OK) Goodling LaHood Scarborough Sanders Bliley Frost Lofgren Fletcher Luther Hutchinson Mascara Taylor (NC) Sandlin Blunt Gallegly Lowey Foley Maloney (CT) Sawyer b Boehlert Ganske Lucas (KY) Forbes Maloney (NY) Saxton 1706 Boehner Gejdenson Lucas (OK) Ford Markey Schakowsky Bonilla Gekas Luther Fossella Martinez Mr. HERGER changed his vote from Scott ‘‘aye’’ to ‘‘no.’’ Bonior Gephardt Maloney (CT) Fowler Matsui Sensenbrenner Bono Gibbons Maloney (NY) Frank (MA) McCarthy (MO) Serrano So the amendment to the amendment Borski Gilchrest Manzullo Franks (NJ) McCarthy (NY) Sessions in the nature of a substitute was Boswell Gillmor Markey Frelinghuysen McCollum Shaw Boucher Gilman Martinez Frost McCrery agreed to. Shays Boyd Gonzalez Mascara Gallegly McDermott The result of the vote was announced Sherman Brady (PA) Goode Matsui Gejdenson McGovern Sherwood as above recorded. Brady (TX) Goodlatte McCarthy (MO) Gekas McHugh Shimkus The CHAIRMAN. The question is on Brown (FL) Goodling McCarthy (NY) Gephardt McInnis Shows Brown (OH) Gordon McCollum Gibbons McIntosh the amendment in the nature of a sub- Bryant Goss McCrery Shuster Gilchrest McIntyre stitute offered by the gentleman from Burr Graham McDermott Simpson Gillmor McKeon Burton Granger McGovern Sisisky Florida (Mr. MCCOLLUM), as amended. Gilman McNulty The amendment in the nature of a Buyer Green (TX) McHugh Gonzalez Meehan Skeen Callahan Green (WI) McInnis Goodlatte Meek (FL) Skelton substitute, as amended, was agreed to. Calvert Greenwood McIntosh Gordon Menendez Slaughter The CHAIRMAN. If there are no fur- Camp Gutierrez McIntyre Goss Metcalf Smith (MI) ther amendments, under the rule the Campbell Gutknecht McKeon Graham Mica Smith (NJ) Canady Hall (OH) McNulty Granger Millender- Smith (TX) Committee rises. Cannon Hall (TX) Meehan Green (TX) McDonald Smith (WA) Accordingly, the Committee rose; Capps Hansen Meek (FL) Green (WI) Miller (FL) Snyder and the Speaker pro tempore (Mr. Capuano Hastert Menendez Spence Greenwood Miller, Gary THORNBERRY) having assumed the Cardin Hastings (FL) Metcalf Gutierrez Miller, George Spratt Carson Hastings (WA) Mica Gutknecht Minge Stabenow chair, Mr. HANSEN, Chairman of the Castle Hayes Millender- Hall (OH) Mink Stark Committee of the Whole House on the Chabot Hayworth McDonald Hall (TX) Moakley Stenholm State of the Union, reported that that Chambliss Hefley Miller (FL) Hansen Mollohan Strickland Committee, having had under consider- Clay Herger Miller, Gary Hastings (FL) Moore Stupak Clayton Hill (IN) Miller, George Hastings (WA) Moran (KS) Sununu ation the bill (H.R. 764) to reduce the Clement Hill (MT) Minge Hayes Moran (VA) Sweeney incidence of child abuse and neglect, Clyburn Hilleary Mink Hayworth Morella Talent and for other purposes, pursuant to Coble Hilliard Moakley Coburn Hinchey Mollohan Hill (IN) Murtha Tanner House Resolution 321, he reported the Hill (MT) Myrick Tauscher Collins Hinojosa Moore Combest Hobson Moran (KS) Hilleary Nadler Tauzin bill back to the House with an amend- Condit Hoeffel Moran (VA) Hilliard Napolitano Taylor (MS) ment adopted by the Committee of the Conyers Hoekstra Morella Hinchey Neal Terry Whole. Cook Holden Murtha Hinojosa Nethercutt Thomas The SPEAKER pro tempore. Under Cooksey Holt Myrick Hobson Ney Thompson (CA) Northup the rule, the previous question is or- Costello Hooley Nadler Hoeffel Thompson (MS) Hoekstra Norwood Cox Horn Napolitano Thornberry dered. Holden Nussle Coyne Hostettler Neal Thune The question is on the amendment. Holt Oberstar Cramer Houghton Nethercutt Thurman Hooley Obey The amendment was agreed to. Crane Hoyer Ney Tiahrt Horn Olver The SPEAKER pro tempore. The Crowley Hulshof Northup Tierney Houghton Ortiz Cubin Hunter Norwood Toomey question is on the engrossment and Cummings Hutchinson Nussle Hoyer Ose third reading of the bill. Hulshof Owens Towns Cunningham Hyde Oberstar Hyde Oxley Traficant The bill was ordered to be engrossed Danner Inslee Obey Inslee Packard Turner and read a third time, and was read the Davis (FL) Isakson Olver Davis (IL) Istook Ortiz Isakson Pallone Udall (CO) third time. Istook Pascrell Udall (NM) Davis (VA) Jackson (IL) Ose Jackson (IL) Pastor Upton The SPEAKER pro tempore. The Deal Jackson-Lee Owens DeFazio (TX) Oxley Jackson-Lee Payne Velazquez question is on the passage of the bill. DeGette Jenkins Packard (TX) Pease Vento The question was taken; and the Delahunt John Pallone Jenkins Pelosi Visclosky Speaker pro tempore announced that DeLauro Johnson (CT) Pascrell John Peterson (MN) Vitter DeLay Johnson, E. B. Pastor Johnson (CT) Peterson (PA) Walden the ayes appeared to have it. DeMint Johnson, Sam Payne Johnson, E. B. Petri Walsh RECORDED VOTE Deutsch Jones (NC) Pease Johnson, Sam Phelps Wamp Ms. PRYCE of Ohio. Mr. Speaker, I Diaz-Balart Jones (OH) Pelosi Jones (OH) Pickering Waters Dickey Kanjorski Peterson (MN) Kanjorski Pickett Watkins demand a recorded vote. Dicks Kaptur Peterson (PA) Kaptur Pitts Watt (NC) A recorded vote was ordered. Dingell Kasich Petri Kasich Pombo Waxman The vote was taken by electronic de- Dixon Kelly Phelps Weiner Kelly Pomeroy Doggett Kennedy Pickering Weldon (FL) vice, and there were—ayes 425, noes 2, Kennedy Portman Dooley Kildee Pickett Weldon (PA) not voting 7, as follows: Kildee Price (NC) Doolittle Kilpatrick Pitts Weller Kilpatrick Pryce (OH) [Roll No. 479] Doyle Kind (WI) Pombo Kind (WI) Quinn Wexler AYES—425 Dreier King (NY) Pomeroy King (NY) Radanovich Weygand Duncan Kingston Porter Kleczka Rahall Whitfield Abercrombie Andrews Baird Dunn Kleczka Portman Klink Ramstad Wicker Ackerman Archer Baker Edwards Klink Price (NC) Knollenberg Rangel Wilson Aderholt Armey Baldacci Ehlers Knollenberg Pryce (OH) Kolbe Regula Wise Allen Bachus Baldwin H9364 CONGRESSIONAL RECORD — HOUSE October 5, 1999 Quinn Sherman Thurman 2606) making appropriations for foreign So we are not going to include any Radanovich Sherwood Tiahrt Rahall Shimkus Tierney operations, export financing, and re- new taxes. This Congress has said that Ramstad Shows Toomey lated programs for the fiscal year end- we are going to live within the budget Rangel Shuster Towns ing September 30, 2000, and for other caps so we are not going to break the Regula Simpson Traficant Reyes Sisisky Turner purposes. budget caps. This Congress is not going Reynolds Skeen Udall (CO) The Clerk read the title of the bill. to interfere with the ability that we Riley Skelton Udall (NM) The SPEAKER pro tempore (Mr. fund adequately Social Security. So we Rivers Slaughter Upton Rodriguez Smith (MI) Velazquez THORNBERRY). Pursuant to the rule, the are not going to break Social Security. Roemer Smith (NJ) Vento conference report is considered as hav- We are going to cut foreign aid below Rogan Smith (TX) Visclosky ing been read. the President’s request, cut foreign aid Rogers Smith (WA) Vitter Rohrabacher Snyder Walden (For conference report and state- below last year. I think it is a respon- Ros-Lehtinen Souder Walsh ment, see proceedings of the House of sible thing to do because this is the Rothman Spence Wamp September 27, 1999, at page H8831). very thing we are asking Americans to Roukema Spratt Waters Roybal-Allard Stabenow Watkins The SPEAKER pro tempore. The gen- understand in every domestic policy Royce Stark Watt (NC) tleman from Alabama (Mr. CALLAHAN) that we have facing us. Rush Stearns Watts (OK) and the gentlewoman from California Ryan (WI) Stenholm Waxman So we have a good bill. We have (Ms. PELOSI) each will control 30 min- Ryun (KS) Strickland Weiner worked in a bipartisan fashion to bring utes. Sabo Stump Weldon (FL) together a bill that recognizes and fa- Salmon Stupak Weldon (PA) The Chair recognizes the gentleman Sanchez Sununu Weller cilitated the needs of most every Mem- from Alabama (Mr. CALLAHAN). Sanders Sweeney Wexler ber of Congress that came before us. Sandlin Talent Weygand GENERAL LEAVE They came and they asked for assist- Sanford Tancredo Whitfield Mr. CALLAHAN. Mr. Speaker, I ask Sawyer Tanner Wicker ance to Africa. We increased the assist- Saxton Tauscher Wilson unanimous consent that all Members ance to Africa. They came and they Schaffer Tauzin Wise may have 5 legislative days within Schakowsky Taylor (MS) Wolf asked that we increase child survival. Scott Taylor (NC) Woolsey which to revise and extend their re- Mr. Speaker, I created the child sur- Sensenbrenner Terry Wu marks on the conference report to ac- vival account so I willingly went along Serrano Thomas Wynn company H.R. 2606, and that I may in- Sessions Thompson (CA) Young (AK) with the gentlewoman from California Shadegg Thompson (MS) Young (FL) clude tabular and extraneous material. to increase child survival to $700 mil- Shaw Thornberry The SPEAKER pro tempore. Is there lion, a great step in the right direction. Shays Thune objection to the request of the gen- We tried to hold down on earmarks NOES—2 tleman from Alabama? where we would not hamstring the ad- Chenoweth-Hage Paul There was no objection. Mr. CALLAHAN. Mr. Speaker, I yield ministration into having to spend NOT VOTING—7 myself such time as I may consume. money in areas that they did not want Blumenauer LaHood Scarborough This matter that we are addressing to. So we removed most all of the ear- Fletcher McKinney marks. We have given them a respon- Jefferson Meeks (NY) now is something that has been dis- cussed for a great many months. Dur- sible piece of legislation that affords b 1725 ing the rule we talked about the the President and the Secretary of Mr. SANFORD changed his vote from amount of money. True, it is $2 billion State to have an effective capability of ‘‘no’’ to ‘‘aye.’’ below what the President requested. running the State Department and run- So the bill was passed. True, it is less than last year. But it is ning our foreign policy. The result of the vote was announced all the money that we can afford under So we have a good bill, no one dis- as above recorded. the circumstances this year. putes that. The only argument that we A motion to reconsider was laid on So I ask the Members to consider are going to hear this afternoon is, Mr. the table. where we are and what we are offering, Speaker, it is not enough money. But f and that is an opportunity for the ad- keep in mind, it is not uncommon for ministration to have an effective for- this Congress, in fact to the best of my CONFERENCE REPORT ON H.R. 2606, eign policy capability with the monies recollection, in every Congress for the FOREIGN OPERATIONS, EXPORT that are available without increasing last 25 years, the Congress has reduced FINANCING, AND RELATED PRO- taxes. The President has suggested the President’s request. This request is GRAMS APPROPRIATIONS ACT, that we increase taxes to meet these lower than his request, and I am sorry, 2000 new needs. This Congress, Mr. Speaker, Mr. President, but we do not have any Mr. CALLAHAN. Mr. Speaker, pursu- is not going to do that, and I think more money. We are not going to raise ant to House Resolution 307, I call up both sides of the aisle as well as the taxes; we are not going to take it out the conference report on the bill (H.R. President recognize that. of the national defense. October 5, 1999 CONGRESSIONAL RECORD — HOUSE H9365 H9366 CONGRESSIONAL RECORD — HOUSE October 5, 1999 October 5, 1999 CONGRESSIONAL RECORD — HOUSE H9367 H9368 CONGRESSIONAL RECORD — HOUSE October 5, 1999 October 5, 1999 CONGRESSIONAL RECORD — HOUSE H9369 b 1730 Middle East, we must recognize the impor- the Wye agreement would be put before We are not going to break the caps, tance of regional stability for the maintenance this Congress and put before this Con- and we are not going to touch Social of that peace. Lebanon is critical to that sta- gress soon. Security. That is our position. bility. The pro-market orientation of Lebanon's So do not on the one hand tell us we We received a letter today from economy has not alone been sufficient to cre- do not want to spend any more money AIPAC, the Jewish lobby who is so in- ate economic health in that country. The Leba- on foreign aid and then on the other terested in helping our ally, Israel. nese people are struggling to rebuild a society hand tell the outside groups, do not AIPAC is supportive of this bill. We and infrastructure devastated by 15 years of worry, the money for the Wye River have provided, I think, as best we can; civil war. agreement will be in the bill, just later, and certainly the Armenian people feel We now have an opportunity to assist by al- so we can make a presentation that like we have provided adequately for locating U.S. surplus commodities to Lebanon says we do not want to spend money on them under the circumstances. and allowing the proceeds of the sale of these foreign aid. They do, and they want to Everybody would like to have more commodities to be invested in medium and take it out of one’s Social Security, money. But more money is not avail- long-term development projects in that coun- when they know very well that that able for everybody. We can recommend try. money is going to be in this bill but at to the White House some things they A preliminary assessment by the Faculty of a time that will not be in time for the might do. The President might stop Agriculture and Food Security at the American Wye River agreement. That is why I going to places like Africa with 1,700 University of Beirut suggests that commodities have a serious concern. people with him, spending $47 million such as corn, soybeans, alfalfa, rice, and red The commitments for the assistance of taxpayers’ money. We might save meats would be well suited to the country's to the parties made at Wye River have some money in areas like that. needs and circumstances. These commodities become even more important now I suggested earlier, Mr. Speaker, that have high water requirements and are there- given the new timetable outlined in the we might impose a visitors’ tax on the fore not produced in water-scarce Lebanon. Sharm-El-Sheikh agreement. This White House, not for American citi- Agriculture is an important sector in the Leb- agreement calls for the completion of zens, but for foreign dignitaries who anese economy, and there are many areas in the framework status negotiations by come to the White House and are greet- which its economic performance could be im- February of next year. ed with a royal dinner there. proved by investments in irrigation networks, The Wye funds are targeted to fund Then after dinner, they all sit around an agricultural extension service, modern agri- with a glass of wine, and they toast one critical activities for both Israel and cultural processing and marketing systems, the Palestinians. It would make these another, and they talk about what scholarships, or endowments for agricultural great friends we are. Inevitably, the negotiations more viable. science, establishment of a land resource There are conflicting messages, as I President of the United States prom- database, or many other investments impor- ises them some more money and then said, coming from the other side about tant to developing an agricultural economy. whether the Wye agreement, Wye fund- calls it an obligation that we, the Mr. Speaker, I urge the House to consider ing would occur this fall. I for one say Members of Congress, who have the re- the importance of Lebanon to a long-lasting it is very, very important for us to sponsibility of appropriating the mon- Middle East peace and urge the Departments have the money in this bill. Let us be ies that are available to us, must then of State and Agriculture to think creatively honest with the American people about decide on whether or not it is merited. about ways to use American agricultural sur- what funding is necessary for us to So we have a good bill. We have a bi- pluses to sustain the peace process. partisan drafted bill. We have a good Ms. PELOSI. Mr. Speaker, I yield honor our commitments. bill for the administration, because it myself such time as I may consume. There are also other cuts in the allo- gives them the flexibility that he Mr. Speaker, I rise in opposition to cation that are serious in addition: needs, and it does not raise taxes, does the conference report. As I have said Two hundred twelve million dollars or not hurt Social Security, does not take earlier in the day, I do so with great re- 31 percent is cut from the President’s away from the national defense. gret, because I had hoped that, in the request for democratization and eco- I urge my colleagues to vote for the course of the legislative process, we nomic recovery programs in Africa, conference report. would be able to come up with a bill Latin America, and Asia that are Mr. Speaker, I reserve the balance of that would meet the needs that we meant to give the administration tools my time. to respond to new threats and crises. Ms. PELOSI. Mr. Speaker, I yield have as a leader in the world as well as one that addressed our concerns about Five hundred million dollars is cut such time as she may consume to the from international banking lending distinguished gentlewoman from Ohio export finance and helping to promote U.S. products abroad. programs to the poorest countries in (Ms. KAPTUR). the world, including from IDA, the (Ms. KAPTUR asked and was given I do this, though, with great admira- Asia America Development Bank, permission to revise and extend her re- tion and commendation to the distin- InterAmerican Bank, and from the en- marks.) guished gentleman from Alabama (Mr. Ms. KAPTUR. Mr. Speaker, I would CALLAHAN), chairman of the Sub- vironmental mitigation programs of like to thank the gentlewoman from committee on Foreign Operations, Ex- the global environmental facility. Eighty-seven million dollars is cut California (Ms. PELOSI), the ranking port Financing and Related Agencies. member, for yielding me this time. He did the best that he could with what from debt relief programs. The addi- Having recently returned from Israel, he had, and that was not much. It was tional resources the administration re- Lebanon, and the Palestinian Author- not enough. But he did have a balanced quested to fund the new historic G–7 ity, I wish to urge the House to con- set of priorities in the bill that he did plan for debt relief has not even been sider the great opportunity before us to right. considered. use American food surpluses as a tool I take issue, though, with what has Two hundred ninety-seven million to build stability in the Middle East been said here in this discussion so far dollars was cut for the New Inde- and aid in sustaining the peace process. and earlier when we debated the rule. pendent States programs, severely cut- Mr. Speaker, as we debate the fiscal year It has been said that there is not going ting back on the funding for combined 2000 Foreign Operations Appropriations con- to be any more money for foreign aid threat reduction initiative. Also cut- ference report, I wish to focus the attention to because the Democrats want to take ting funds for pro-reform governments, the House on a nation in the Middle East is money from the Social Security fund nongovernmental democratic reforms, rarely mentioned on this floor, Lebanon. There to spend it on foreign aid. and nuclear threat reductions. And $80 are strong historical ties between the Leba- The gentleman from Alabama (Mr. million is cut from the request for the nese people and the American peopleÐties CALLAHAN) and his colleagues know Ex-Im bank which helps American that have been repeatedly reinforced by new that that is a disingenuous proposal. companies sell their products abroad. generations of Lebanese who have immi- The fact is that this bill would not be I enumerate some of these cuts for grated to the United States. supported by the organization that the the following reasons: Three of the pil- Moreover, Mr. Speaker, as we, hopefully, gentleman cited as supporting this bill lars of our foreign policy which ensure move toward a lasting and just peace in the unless they knew that the funding for our national security are stopping the H9370 CONGRESSIONAL RECORD — HOUSE October 5, 1999 proliferation of weapons of mass de- struction. And we cannot do it unless Mr. BERMAN. Mr. Speaker, will the struction. This bill cuts the funding for we have the appropriate tools for the gentleman yield? that. administration to carry out that great Mr. CALLAHAN. I am glad to yield Promoting democratic values mandate that our country has. to the gentleman from California. throughout the world so that we are Why should we, this great country, Mr. BERMAN. Mr. Speaker, I appre- dealing with democratic governments, be about the last per capita in terms of ciate the gentleman yielding. He is ex- not authoritarian regimes which at- the assistance and the cooperation we actly right. Very much of the military tack their neighbors and oppress their provide to other countries in the budget is for foreign aid purposes and people. That funding is cut from this world? for foreign policy purposes. How much bill. So let us heed the words of John F. more expensive it is to go into an area The funding for the Ex-Im Bank. One Kennedy who at his inauguration, my because our foreign policy did not of the pillars of our foreign policy is colleagues may be tired of hearing me work. growing our economy by promoting our say this, but it is my clarion call. Fol- Mr. CALLAHAN. Mr. Speaker, I yield exports abroad. That funding is cut $80 lowing his very famous statement, ‘‘My 4 minutes to the gentleman from million in the Ex-Im Bank alone. fellow Americans, ask not what your Michigan (Mr. KNOLLENBERG), one of When we are cooperating with other country can do for you; ask what you the members of our subcommittee, a countries to help them grow their can do for your country.’’ The very man very knowledgeable in all aspects economies and promote their democ- next sentence said, ‘‘Citizens of the of foreign policy. racies, we are doing what is the right world, ask not what America can do for Mr. KNOLLENBERG. Mr. Speaker, I thing. But we are also developing mar- you; but what we can do working to- rise in strong support of the conference kets for U.S. products abroad. gether for the freedom of mankind.’’ report to H.R. 2606, the Fiscal Year 2000 All of what we talk about in this bill For the freedom of mankind, I urge Appropriations Bill for Foreign Oper- is in the national interest of the United my colleagues to vote against this bill ations, Export Financing and Related States. We are a great country. We are until we can come back to the floor Agencies. probably the greatest country that with a product that we can all be proud As a member of the subcommittee, I ever existed on the face of the earth. of, and we can all support. I urge my want to again commend the gentleman Yet, we act like pikers. We do not un- colleagues to vote no. from Alabama (Chairman CALLAHAN) derstand what our responsibilities are In closing, Mr. Speaker, I want to for the outstanding work that he has in the world when it comes time to liv- point out just how small a part of the done, hard work. Shepherding an ap- ing up to our responsibilities. Certainly Federal budget this foreign coopera- propriations bill, particularly this bill, we intend to save Social Security. We tion and assistance is. It is this little to the process is no easy task. Yet, he intend to save it first. blue line in this big yellow pie. has done it with diligence and impar- The Democrats will be second to So we are not talking about an op- tiality, and he has done it, frankly, none in saving Social Security. But do portunity cost for anyone in America with extraordinary fairness, I think; not hand this Congress and this coun- taking money from anything else. and I commend him for that. try a bill of goods to say that my col- What we are talking about is investing I also, of course, want to thank the leagues are not going to spend the in a way that it rebounds to the benefit gentlewoman from California (Ms. money on the Wye River agreements of every person in our country in terms PELOSI), the ranking member. I am dis- when we know that they are. If they of peace and freedom and exports appointed that she is going to oppose were not going to, there would be no abroad for America. this bill. way an organization like AIPAC would So I urge my colleagues to see what But I want to thank the staff as well be supporting this bill, as the gen- a small percentage, less than 1 percent, who have contributed so much to tleman from Alabama (Chairman CAL- less than 1 percent, 0.68 percent of the bringing this bill to the floor in a shape LAHAN) indicated that they were. They national budget is spent on this legisla- I think that is satisfactory. know they have a guarantee that that tion. From the beginning, we have worked money will be there. I urge my colleagues to vote no. in a bipartisan fashion to craft a for- Well, we want it there now when it is Mr. Speaker, I reserve the balance of eign operations bill that reflects our in time for the February framework my time. Nation’s international priorities, and talks. We want our colleagues to be Mr. CALLAHAN. Mr. Speaker, I yield the chairman mentioned those, while honest with this Congress about how myself 1 minute. adhering to the budget constraints much money will be spent. Mr. Speaker, I might just address the that we face today. When they do the Wye River money, chart that the gentlewoman from Cali- Mr. Speaker, I would like to set the are they contending that that money fornia (Ms. PELOSI) was talking about, record straight on a provision in the will be coming out of the Social Secu- that little sliver of pie. What she fails conference report designed to prevent rity account? If they are contending it to say is that, included in our foreign back-door implementation of the when we are proposing it, then they aid policy is foreign assistance in the Kyoto Protocol. have to contend it then. I do not think form of the military. Despite what was said during consid- it is in either case. Every time there is a problem in the eration of the rule, in no way does this So I encourage our colleagues to let world, they call on the United States of provision prevent the United States us be honest about what we are talking America. They called on us in Kosovo. from engaging developing countries about here today. Let us live up to our They called on us at Desert Storm. under the UN Framework Convention responsibilities. I said earlier today, They called on us at Haiti. Part of that on Climate Change signed by President the city I am proud to represent, San pie must be expanded. Bush in 1992 and ratified by the Senate. Francisco, was named for Saint That sliver becomes almost half the Specifically, Articles 4, 6, and 17 allow Francis. The prayer to Saint Francis is pie of our domestic spending because voluntary measures and give developed our anthem. we utilize our military as foreign as- country parties authority to engage in The first line is familiar to my col- sistance to these countries who cannot international education, listen care- leagues while they may not recognize afford to defend themselves, including fully, international education, develop its title. That is, ‘‘Oh, Lord, make us a Israel, because every time Israel is in technologies, promote sustainable de- channel of thy peace.’’ trouble, the United States of America, velopment, and assist vulnerable devel- Our country can be a channel of where do my colleagues think we get oping countries. peace in the Middle East, in the Bal- the money for those missiles to shoot I point out to my colleagues that not kans, in Northern Ireland, and other down those missiles that Saddam Hus- one of these activities arises out of the places throughout the world, but we sein was shooting, that is part of our Kyoto Protocol. cannot do it unless we have the re- foreign assistance. No country can The funding prohibition states that sources to commit to promoting pro- stand up to the United States of Amer- no fund shall be used to implement or democratic reform and stopping the ica when it comes to spending money prepare to implement the Kyoto pro- proliferation of weapons of mass de- to protecting and helping our allies. tocol. October 5, 1999 CONGRESSIONAL RECORD — HOUSE H9371 b 1745 found. Implementation of the Wye on Foreign Operations, Export Financ- Not one of the aforementioned diplo- agreement between the Israelis and the ing and Related Programs of the Com- matic activities arising out of the U.N. Palestinians is now on track and stead- mittee on Appropriations, the gen- Framework Convention is prevented by ily moving forward. Both sides have tleman from Alabama (Mr. CALLAHAN), this prohibition. begun to act on their commitments, for performing magnificently under The administration is free to engage and we must act on ours. But we have very difficult circumstances. developing countries under the U.N. received no commitment from the lead- I especially commend the gentleman Framework Convention. However, the ership to include Wye in this fiscal from Alabama for the sections in his administration cannot cross the line year. Waiting until the spring for a bill on family planning. While the gen- and engage other nations regarding supplemental is just unacceptable. This tleman has differing views, this bill ratification and implementation of the is a priority of the United States for- clearly reflects the will of the House on Kyoto Protocol, which the United eign policy, and it should be addressed U.S. contribution for the U.N.’s Popu- States deems totally unworthy of rati- immediately. Now is a dangerous time lation Fund. fication and implementation. to turn our backs on the Middle East. Next week, the 6 billionth person will The conference report was crafted, Secondly, debt relief in this bill is be born on this planet. When I was again, in a bipartisan fashion and tak- woefully underfunded. A debt relief born, we had just over 2 billion people. ing into consideration all of the views, program for the highly indebted poor- World population is growing at such a certainly of everybody in this House. est countries is not even authorized. rapid pace, we will likely have to sup- And the subcommittee, I think, has To further burden the poorest of the port 12 billion people before our world’s worked very well to bring all this to- poor, the bill cuts $175 million from the population stabilizes. It is long past gether. We need to unite behind this International Development Associa- due that we address this problem by re- fair bill that will maintain U.S. leader- tion. IDA is the primary World Bank joining the UNFPA. ship and strengthen our influence lender on primary health care, basic I also want my colleagues to know across the globe. education, microcredit, and a number that while this bill regrettably does I ask for Members certainly on the of other critical development pro- not have the vital Wye River Accord other side to rethink their thoughts grams. Middle East Peace funding, it does con- about voting against this bill. We need And in a final blow to the poorest of tain over $5 billion in current funding to support this conference report. the poor, the bill provides $22 million for our partners in the Arab-Israeli Ms. PELOSI. Mr. Speaker, I yield 4 less than the President’s request for peace process. No one really doubts minutes to the gentlewoman from New international organizations and pro- that Congress will eventually approve York (Mrs. LOWEY), a very distin- grams. This will be disastrous for the the Wye River Accord funding, which guished member of the subcommittee United Nations Development Program, the gentleman from Alabama supports. and a champion for democracy and which attacks the roots of poverty by And I am confident that that will hap- peace throughout the world. creating jobs, promoting economic pen. What is important to remember Mrs. LOWEY. Mr. Speaker, I rise in growth, and providing education and now is that this bill contains the full opposition, reluctantly, to this con- basic social services. Underfunding this regular funding for our Israeli allies ference report. program will decrease our contribution and their partners in peace. Mr. Speaker, during the August de- to UNDP and will decrease United This foreign operations appropria- bate, I was quite clear in expressing my States leadership in this critical orga- tions legislation fully funds the admin- strong reservations about this foreign nization. istration’s request to wage our war on aid bill. But I voted for it, hoping that The list of underfunded accounts is drugs at its source and continues vital some of the most egregious funding too long to enumerate. The bill is not support for the International Fund for cuts would be remedied in conference good for our programs in Africa, Asia, Ireland to promote economic justice at and the overall flaws in the bill would Latin America, and throughout the a critical point in the peace process. be repaired through bipartisan negotia- world. I also commend the chairman and his tions. I stated very clearly during the ini- committee for sustaining other key I want to commend my friend and tial House debate on this measure that programs to support microenterprise our distinguished chairman, the gen- my continued support was contingent development programs. These pro- tleman from Alabama (Mr. CALLAHAN), upon an increase in overall funding lev- grams are the only ones that truly and our ranking member and my good els and inclusion of the Wye aid pack- work in reaching the poorest of the friend, the gentlewoman from Cali- age. I had high hopes that we would poor throughout the world. fornia (Ms. PELOSI), for their hard work craft a final package that would merit Moreover, this bill contains impor- in crafting this bill. Despite their best everyone’s support. But, regrettably, I tant funding to fight the spread of efforts, however, I believe that this must oppose this measure. I think we highly contagious tropical diseases. bill, plagued by poor funding levels can do better, and I think that in the Our country already suffers from the from the start, still has serious prob- interest of our national security we AIDS epidemic that swept out of cen- lems. need to try. tral Africa. My home State of New The $12.6 billion measure remains $2 I encourage my colleagues to vote York now suffers from a new outbreak billion under the President’s request, ‘‘no’’ on this conference report. Let us of encephalitis. We are going to have to $1 billion below last year’s level. Pass- hope we can get back together again, fight these diseases far from our shores ing an inadequate foreign aid package work in a bipartisan way, and meet our to prevent future outbreaks of that na- will severely harm the United States’ priorities. The United States is the ture. ability to maintain its position of lead- leader of the world. And, again, I think On the whole, this legislation is a ership in world affairs. by investing now, we are saving mil- good compromise, supporting our key And referring to the comments before lions and millions of dollars later on. allies in programs with the limited re- of my good friend and chairman, the Mr. CALLAHAN. Mr. Speaker, I yield sources we have in this year’s budget. gentleman from Alabama (Mr. CAL- 3 minutes to the gentleman from New We all wish we could do more, but we LAHAN), in my judgment it will be a York (Mr. GILMAN), the chairman of are also committed to protecting So- costly mistake. Conflict and problems the Committee on International Rela- cial Security and other important so- that could be avoided with a modest al- tions. cial programs. Accordingly, I urge my location today may turn into expensive (Mr. GILMAN asked and was given colleagues to vote in support of this crises down the road. I would think permission to revise and extend his re- foreign operations appropriations legis- that by now we should all have learned marks.) lation. that lesson. Mr. GILMAN. Mr. Speaker, I am Ms. PELOSI. Mr. Speaker, I yield 3 Let me take a moment to highlight a pleased to rise in strong support of the minutes to the gentlewoman from Cali- few of the conference report’s biggest foreign operations conference report, fornia (Ms. WATERS), the distinguished problems, in my judgment. First, the and I want to commend the distin- ranking Democratic member on the Wye River aid package is nowhere to be guished chairman of the Subcommittee House Subcommittee on Domestic and H9372 CONGRESSIONAL RECORD — HOUSE October 5, 1999 International Monetary Policy of the I just want to say that some people So how can we wait every week for Committee on Banking and Financial who would like to make it difficult for the President to make another trip and Services. us to get up here and be advocates for come back and say, SONNY, now we Ms. WATERS. Mr. Speaker, I would other parts of the world would have us need some money for Macedonia. Now like to thank the gentlewoman from believe that we are taking the tax- we need some money for Albania. California (Ms. PELOSI) for her wonder- payers’ money and we are literally Whenever he goes, he comes back with ful leadership in international rela- throwing it at undeserving people. a commitment he thinks that we must tions and foreign affairs. Well, I do not think that is true. We respond to. Mr. Speaker, I rise to speak in oppo- are leaders, and we should act like So we can talk about all of this debt sition to the conference report for H.R. leaders and do the right thing by these forgiveness we want. The gentlewoman 2606, the foreign operations appropria- very poor countries. from California (Ms. PELOSI) mentioned tions bill for fiscal year 2000. This bill Mr. Speaker, I ask for a ‘‘no’’ vote on the African Development Bank, said we makes drastic cuts in vital foreign as- this conference report. cut them. We did not cut them. We sistance programs and endangers the Mr. CALLAHAN. Mr. Speaker, I yield gave them $1 million. We got zero last lives of millions of children and fami- myself such time as I may consume. year. So we actually gave them more lies who live in poverty in Africa and There has been a lot of conversation money than we got last year. And that Latin America. about debt forgiveness for these poorer was at the request of the gentleman This conference report cuts funding nations or developing countries. Let from Illinois (Mr. JACKSON). He came for debt relief for poor countries to me tell my colleagues when that came back, and said we need to do this. So only $33 million. That is $87 million to our attention. Two weeks ago, as we we gave it to them. Now they are say- below the President’s request. More- were in the middle of our conference, ing, That is not enough. Now we need over, it completely eliminates funding then the President requested that we another $2 billion. for the Highly Indebted Poor Coun- include an additional $900 million. That Well, if we carry this thing over for tries, HIPC, initiative that provides was right after his trip to Africa where another week or if we carry it over to debt relief to countries that des- he took the 1,700 people with him and October 21 when the continuing resolu- perately need it. at the same time spent $47 million of tion comes out, good Lord, the Presi- Last week, the International Mone- taxpayer money entertaining his dent might make another trip and then tary Fund, IMF, held its 1999 annual friends in Africa. Then he comes back the $2 billion he is requesting is going meeting right here in Washington, D.C. and says we want an additional billion to turn into $3 billion. So let us go At this meeting, President Clinton an- dollars to forgive debt. ahead and pass this thing today. Tell nounced his support for the cancella- Let me tell my colleagues where that the President to catch up, slow down tion of 100 percent of the debts owed by debt came from. The World Bank on his trips, slow down on his promises, poor countries to the United States. As loaned it to these countries. So what and let us keep this budget balanced, the ranking member of the Sub- we are saying is, we are going to for- keep Social Security intact, and main- committee on Domestic and Inter- give these countries and pay back the tain a strong national defense. national Monetary Policy of the House World Bank. We have already given the Mr. Speaker, I reserve the balance of Committee on Banking and Financial money to the World Bank. The World my time. Services, I applaud the President’s de- Bank made a bad investment, because Ms. PELOSI. Mr. Chairman, I am cision; and I urge Congress to appro- these people cannot repay their loans. pleased to yield 21⁄2 minutes to the dis- priate the funds necessary to make full Now we are saying let us forgive their tinguished gentleman from California debt cancellation a reality. debts and open up their books to the (Mr. BERMAN), a leader in international Many impoverished countries have poor where they will be more solvent relations for our country, a member of been forced to make drastic cuts in es- and can borrow more money. the Committee on International Rela- sential social services, such as health They are not willing to say we will tions. and education, in order to make pay- not borrow more money and get right Mr. BERMAN. Mr. Speaker, first of ments on their debts. In Tanzania, debt back in the same shape we are in. When all, I would like to say that I have a service payments in 1997 were equal to the people who borrowed the money great deal of affection for both the nine times the spending on basic health that were running these countries at chair and the ranking member of the services and four times the spending on that time absconded, they did not Subcommittee on Foreign Operations. basic education. In Nicaragua, over spend it on the bridges; they did not Even as we speak, my office is seeking half of the government’s revenue was spend it on health care. They took the to facilitate one of the chairman’s allocated to debt service payments in money, and they put it in Swiss banks. most recent requests. 1997. This was equivalent to 21⁄2 times So now they want us to forgive the But even though ever since Mr. CAL- the spending on health and education debt. Well, maybe that would be the LAHAN has become chairman of that combined. Now is the time for Congress right way to go if they would agree not Subcommittee on Foreign Operations, I to cut debt relief funding. to borrow any more money. have never before voted against a for- This inhumane conference report But the point is that personifies the eign operations bill or a conference re- cuts funding for the African Develop- argument I have been making about port. I am compelled to do so now. ment Fund to $77 million. That is $50 the President’s foreign policy trips. He There are only two groups of people million below the administration’s re- goes overseas, and he takes 1,700 of his who should oppose this conference re- quest. The African Development Fund closest friends with him, with the tax- port: one are people who hate foreign is a vitally important program which payers paying the bill. They go over aid, because this is $12.7 billion of for- provides low-interest loans to poor there and hold the glasses of wine up, eign aid; the other group are the people countries in Africa. Furthermore, the and the President says, relief is com- who like foreign aid, because this bill conference report also cuts funding for ing. And then he comes back and he is woefully inadequate to meet the the African Development Bank, which calls me, and he tells me to include needs we have now. provides market-rate loans to quali- $900 million more than what I have al- That is not the fault of the chairman. fying African countries. ready requested. He was given an allocation. He has The conference report also cuts ref- done as well as he could possibly have b ugee assistance to $625 million, which 1800 done with that allocation. But the gen- is $35 million below the administra- And then it becomes an obligation. tlewoman from California (Ms. PELOSI), tion’s request. There are 6 million refu- All of my colleagues, my great friend the gentlewoman from California (Ms. gees and internally displaced people in the gentlewoman from California (Ms. WATERS), and the gentlewoman from Africa today. The United Nations High PELOSI) and the gentlewoman from New York (Mrs. LOWEY) have all point- Commissioner for Refugees said re- New York (Mrs. LOWEY), which are ed out defects in this bill. cently that the world is neglecting the standing up saying fulfill the Presi- I want to focus on one particular plight of African refugees. Now is not dent’s request. He just requested it a item in the bill that is $1.9 billion less the time to cut funding for refugees. couple of weeks ago. than the President requested, a cut of October 5, 1999 CONGRESSIONAL RECORD — HOUSE H9373 more than 13 percent. We are not talk- years before we finally, just during the gone this week. We could probably set- ing 1 percent here, 3 percent, a 13 per- last 2 or 3 years, reached this magnifi- tle all this stuff if he would just take a cent cut from the President’s request, cent level of a surplus instead of a def- trip. Just do not take 1,700 people with a billion dollars below last year’s fund- icit. So there are many groups that him. Do not take a blank checkbook ing level, and when we count for infla- ought to look at this bill from many and make all these promises and expect tion, way below any other bill that the different points of view. me to come before this floor and con- chairman has asked us to vote for in One of them, those who want to pro- vince the American people that they the past. tect Social Security, those who want ought to cut back on their spending. But on the particular issue that he to maintain a surplus instead of going Mr. Speaker, I yield to the gentleman has spoken about with respect to the back to deficit spending, those who from Connecticut. Middle East, this bill does not meet the want to protect the national defense, Mr. GEJDENSON. Mr. Speaker, I administration’s request or the inter- because one suggestion came that we wanted to say I should have added ests that are served by promoting the take away money from the national de- ‘‘charm’’. I wish I was as articulate, peace process in the Middle East. Be- fense and give it to foreign aid. This is but the proposition of my colleagues is cause this bill includes no funding for a good bill. wrong. We have got a proposal before the Wye plantation supplemental re- Mr. Speaker, I reserve the balance of us that does not meet America’s inter- quest of the administration. my time. est. We ought to vote this down and Now, some in the leadership on the Ms. PELOSI. Mr. Speaker, I am come back with a bipartisan solution other side say, oh, well, we will do that pleased to yield 1 minute to the distin- that deals with America’s foreign pol- later. And I say, when? This year? And guished gentleman from Connecticut icy interests. I thank the gentleman they say, oh, no, no, not necessarily. It (Mr. GEJDENSON), the Democratic rank- for his graciousness. might be next year. And I say to not do ing member of the Committee on Inter- Mr. CALLAHAN. Mr. Speaker, I re- the Wye supplemental, to not appro- national Relations. serve the balance of my time. priate those monies before the Feb- Mr. GEJDENSON. Mr. Speaker, I Ms. PELOSI. Mr. Speaker, I was hop- ruary framework agreement is to tell wish I had the charm of the chairman ing the gentleman would yield himself both parties that America’s commit- of the committee and the grace of the some more time so he could yield to ments cannot be accounted on, that gentlewoman from California. I do not. me. He is so generous. the sacrifices and the compromises But let me say it as plainly as I can. Mr. CALLAHAN. Mr. Speaker, I yield that need to be made cannot be carried It is not the fault of the chairman. 30 seconds in order to facilitate the out because the funding will not be They have got a disastrous budgetary gentlewoman from California (Ms. there. process forced on them by the whip and PELOSI) as I have facilitated her at Who knows what is going to happen the leadership of their party. They re- every segment of this process. next spring or next summer when the fused to really sit down and work out a Ms. PELOSI. Mr. Speaker, the gen- Republican leadership may choose to bipartisan proposal. And the failure of tleman has been most gracious. It is bring up a supplemental, and who this particular bill will cost us an enor- just that there is not enough money in knows what will be in that supple- mous amount of more money. the bill to meet our international re- mental. This is the time to deal with We spent a billion dollars under sponsibilities. But I did want to point it. This is when we are concluding our George Bush in Haiti trying to deal out because the gentleman said that budget request. This accord is being with refugees that was flooding Flor- the President asked for $900 million. implemented as the parties agree now, ida, as the chairman of the full com- That, as the gentleman knows, is not and we can do no less than to try to mittee understands. We spent $61 bil- just for this year but over a period of fund something that is so essential to lion on the Gulf War. We got a lot of time. American foreign policy interests. that back. But we had to lay out most I also want to make sure I am infer- I urge a no vote on the conference re- of it up front. We have spent $5 billion ring correctly from the remarks of the port. on Kosovo. gentleman that since we are not going Mr. CALLAHAN. Mr. Speaker, I yield My colleagues do not want this Presi- to spend any more money that there myself such time as I may consume to dent to travel. I have watched the will be no money for the Wye Agree- respond to the gentleman from Cali- President travel from Ireland to Israel. ment. That is the conclusion that I fornia (Mr. BERMAN), who is a super Wherever this President has traveled, draw from the statements that have guy and good friend of mine. And it has America’s interests have succeeded; been made by the gentleman and the nothing to do with friendship, but I and he has moved the peace process other speakers from his side. might tell my colleagues, he men- forward. We ought to encourage him to Mr. CALLAHAN. Mr. Speaker, I yield tioned that there would be certain continue to do that because it is better myself 30 seconds. groups of people and mentioned how for America. Mr. Speaker, let me tell my col- they ought to vote. Mr. CALLAHAN. Mr. Speaker, I yield league that the Wye Agreement re- Let me tell my colleagues, there are myself 1 minute to respond to the good quest was not in the President’s re- some other groups of people they might friend of mine to tell him that I do not quest. He did not submit that in the consider, too. We might consider that mind the President traveling. I think budget he sent over here. That came as they are the fiscally responsible group, the President should travel. an afterthought. And now we are say- those people who think that we ought We all know that in the last year and ing, well, the President not only wants to continue to have a surplus rather a half of any presidential term, espe- $2 billion more, he wants $2 billion plus than creating another deficit as we en- cially when he is a lame duck, that the Wye monies. So we are really talk- countered during the first, I guess, 30 every President wants to build up an ing about the President wanting $4 bil- years before we took charge of this international image. So we can expect lion more than what is suggested here House. So we have the fiscally respon- the President to travel. I encourage in this debate. sible group who ought to vote for this that. Mr. Speaker, I reserve the balance of bill because it reduces foreign aid. Use Air Force One, that magnificent my time. Secondly, we have those of us who airplane. Fly all over the world. Im- Ms. PELOSI. Mr. Speaker, I am think that we ought to make abso- press people. But do not take 1,700 peo- pleased to yield 2 minutes to the dis- lutely certain that Social Security re- ple with him, do not spend $47 million tinguished gentleman from California mains solvent. Who knows, we might every time the wheels touch down; and (Mr. FARR), a member of the Com- even be able to solve the notch-baby every time a glass of wine is raised, do mittee on Appropriations. problem if indeed we can make certain not promise these countries the moon Mr. FARR of California. Mr. Speaker, that Social Security is solvent. Who and expect it to be an obligation on the I thank the gentlewoman very much knows what the future holds there. part of the Congress of the United for yielding me the time. There are those of us who want to States to fund. Mr. Speaker, I rise because I heard maintain a surplus instead of the def- So let me encourage the President to during the debate on the rule that we icit that we experienced for the 40 travel. I wish he would go ahead and be do not want to spend our money H9374 CONGRESSIONAL RECORD — HOUSE October 5, 1999 abroad, that we should not be spending enough to appropriate to fulfill one of the money is from the IMF that went all these tax dollars. Well, I suggest our commitments to the African Devel- to the Russian drug lords? Has anybody that we spend more money here at opment Bank. It is not enough, but it asked where that cash is? home that will have an effect all over clearly is a start. The taxpayers of the United States of the world. I am also seriously concerned about America are home right now paying I suggest that we do that by spending the low level of funding for debt re- the bills, and they pay them every more money on the Peace Corps. It structuring, only $33 million, $87 mil- April 15, and they pay them every day, may sound like a broken record, but lion below the administration’s re- and they pay our salaries, and we have the Peace Corps has been our most ef- quest. to sit here and listen to this nonsense fective and most popular foreign aid Many nations in sub-Saharan Africa about our commitment and our respon- program. are suffering from crushing levels of sibility. The President requested more money debt, both bilateral and multilateral, And I accept the notion we have that, for the Peace Corps because of the de- and these nations will never become and I respect the President. He has mand out there by the countries in self-sufficient until we help decrease done wonderfully on the Wye accord, which it serves up. The countries want some of these debt levels. he has done wonderfully in Northern us and American citizens want to par- So, Mr. Speaker, the question be- Ireland. My God, he has been every- ticipate in the Peace Corps. The only comes: If not now, if not in a regular where in the world, saving the world, thing that is holding us from supplying appropriations bill, at what point in helping Africa. God bless America and that demand is the money that we ap- time will we begin to measure these God bless him. But at the end of the propriate. deficits in terms of national security, day we have to save our own people’s Now, it is not the fault of this House. in terms of our obligations beyond our Social Security, we have to provide and It has been terrific. The chairman of borders so that we can have a sustain- protect Medicare, we have to help our the committee has been terrific. But it able growth and sustainable develop- children in education. We have to do is the appropriators on the other side. ment in the world, which will ulti- for our own people at times and sac- I suggest that those Americans who are mately cost us if in fact the develop- rifice some of the spending in foreign interested in the Peace Corps and want ment is not sustainable and it is not operations. And I applaud the gen- more money in the Peace Corps ought growing? tleman for his leadership; I applaud the to be petitioning the Members on the gentleman from Florida who has done a other side, particularly the appropri- b 1815 masterful job on the appropriation. ators, to put at least as much money in I have really enjoyed working on the Ms. PELOSI. Mr. Speaker, I yield 2 the budget as the House has. Subcommittee on Foreign Operations, minutes to the distinguished gen- Ms. PELOSI. Mr. Speaker, I am Export Financing and Related Pro- tleman from Mississippi (Mr. TAYLOR). pleased to yield 2 minutes to the gen- grams, and I certainly urge colleagues Mr. TAYLOR of Mississippi. Mr. tleman from Illinois (Mr. JACKSON), a on both sides of the aisle to oppose this Speaker, I am going to encourage my distinguished member of the Sub- inadequate conference report. colleagues to vote against this meas- committee on Foreign Operations. Mr. CALLAHAN. Mr. Speaker, I yield ure. I will agree with the previous (Mr. JACKSON of Illinois asked and 2 minutes to the gentleman from Flor- was given permission to revise and ex- speaker that being a Member of Con- ida (Mr. FOLEY). gress is all about setting priorities, and tend his remarks.) Mr. FOLEY. Mr. Speaker, I was lis- Mr. JACKSON of Illinois. Mr. Speak- I will agree with him that the prior- tening to the debate in my office, and er, I want to begin by thanking the ities start here at home. I was compelled to come to the floor ranking member the gentlewoman This is a list from a recent Wash- because I heard the gentleman outline from California (Ms. PELOSI) for the ington Post article that talked about some priorities we as a nation should time and certainly thank the gen- young people in the United States mili- adhere to, and the first priority should tleman from Alabama (Chairman CAL- tary living on food stamps and Aid to be domestic spending. LAHAN) for his very evenhanded ap- Families with Dependent Children. proach to drafting the House version of Now I have heard a lot of talk today Turns out that there is about 12,000 sol- the foreign operations bill under very about our responsibility around the diers, sailors, airmen, and marines who tight budget constraints. world, and I agree we have a severe and are eligible for food stamps. Now in the Unfortunately, the conference report awesome responsibility. But at the end defense authorization bill that was further cuts programs that I feel are of the day some of us who have voted signed today, they got a 4.8 percent in- vital to serving those who are less for- to help Head Start, National Endow- crease, but do my colleagues know tunate around the world. I guess the ment for the Arts on this side of the what? 4.8 percent of nothing is still questions that many of us are trying to aisle, that have participated in AIDS nothing, and we are not doing enough ask today is, if not now, when? funding and things vitally important for them. I was in the meeting when the Sub- to our Nation, and I have to hear the This young lady is the wife of a committee on Foreign Operations met demagoguery coming from the other United States marine. Same article. with Prime Minister Barak from Israel, side that we are being cheap? She is picking up a used mattress off where we gave him the impression that Let us find out how cheap we have the side of the road so that other young in this foreign operations bill that we been over these decades. Let us think marines will have someplace to sleep. would meet some of the Wye money about the money that went out of our 4.8 percent of nothing is nothing. agreement. There is no evidence in this taxpayers’ wallets to Duvalier and the This is a young Marine lance cor- bill that we are going do that. So, if Marcoses and all these other regimes poral. His name is Harry Schein. He not now, when will we do it? that pocketed our money and sent works two part-time jobs so that he We made commitments to the Pales- them to Swiss bank accounts. can live on his salary that he earns as tinian authority. If not now, when will And let us talk about fiscal steward- a United States marine. we honor these commitments? We ship. We are in this Congress trying to It is all about setting priorities. made commitments to the Jordanians. save Social Security, and I keep hear- In this bill is $5 billion for two rel- If not now, when will we honor these ing this constant refrain from the atively wealthy countries called Israel commitments? other side: we are being cheap. Well, and Egypt. I happen to think that tak- What are the costs associated with Mr. Speaker, right outside the capitol ing care of those folks is more impor- peace in the Middle East completely door there are Vietnam veterans living tant. I hope that a majority of my col- collapsing? Have we measured it in homeless. We are doing nothing about leagues will think the same way. terms of cost to our national defense, them. But somehow today in foreign Mr. CALLAHAN. Mr. Speaker, I yield to our national security in the Middle ops we have got to sit here, criticize myself 1 minute to respond. East what those costs ultimately will the leadership, criticize the Repub- I note that the gentleman from Mis- be? licans, call it a stacked deck. Somehow sissippi was arguing my case. I assume I cannot thank the chairman enough we are not caring for our overseas com- he is supporting the bill because we are for the $1 million that he was kind mitments. Has anybody asked where trying to save the $2 billion out of the October 5, 1999 CONGRESSIONAL RECORD — HOUSE H9375 national defense that probably some And the Senate has earmarked $5.5 to prevent or to pretend that they are are suggesting that we take in order million dollars in this effort. Accord- preventing this spending of the Social that we can provide for these military ingly, AID must not delay informing a Security surplus for the coming year. people. With respect to the assistance partnership with Morehouse so that The fact is that my colleagues have al- to Israel and Egypt, it was this chair- AID resources that focus on Africa can ready spent, Mr. Speaker, they have al- man that negotiated the reduction that be maximized to their fullest extent. ready spent almost $25 billion of next is going to wean Israel from all eco- There exists a strong community of in- year’s Social Security surplus, and nomic support that then-Prime Min- terests between the people of sub-Saha- they know it even if they do not want ister Netayanhu agreed to. So we cut ran Africa and the African-American to admit it. The soundness of Social Israel by $60 million and $120 million in citizens of our Nation. Security has nothing whatsoever to do economic support, we cut Egypt, and So, Mr. Speaker, is it not true that in with this bill. we cut foreign aid. this bill additional new resources were This year and next year we will wind So the gentleman, no doubt, was ar- added by the managers to fight HIV/ up paying down over $230 worth of debt. guing in favor of a yes vote on this bill AIDS in Africa? That is far and away the best thing we because we are doing exactly what he Mr. CALLAHAN. Mr. Speaker, will will have done to strengthen Social Se- wants us to do. the gentleman yield? curity over the past 20 years. Only our Ms. PELOSI. Mr. Speaker, I yield 1 Mr. KINGSTON. I yield to the gen- Republican friends on the majority side minute to the distinguished gentleman tleman from Alabama. can take a success like this and turn it from Washington (Mr. INSLEE), a mem- Mr. CALLAHAN. Mr. Speaker, yes, into a crisis through false rhetoric. ber of the Committee on Commerce that is correct. HIV or AIDS in Africa What this bill does do is fail to keep and an expert on environmental protec- is a major issue, and Morehouse can our word in the Middle East, it fails to tion in the world. certainly play an important role in do everything that we ought to be Mr. INSLEE. Mr. Speaker, I must fighting HIV/AIDS. I hope that the gen- doing to reduce the danger of nuclear rise in strong opposition to this bill as tleman from Georgia has been able to weapons within the former Soviet it stands, and I would like to alert my convey my willingness to assist More- Union. colleagues to something they may not house College and especially the gen- It is another of the long list of items know in that this bill unfortunately is tleman in whose district Morehouse by which the majority politicizes for- infected with one of the host of anti- college is, that it is imperative that we eign policy to the detriment of us all, environmental riders that have really have a foreign aid bill in order to fa- and it would be funny if it were not so infested our appropriations process this cilitate Morehouse, and I hope that the sad. The majority party’s budget, the year. gentleman from Georgia can talk to his plans which were announced today, de- This bill currently has in it language colleagues who are interested in seeing clines to meet our responsibilities in which would shackle and stop the Morehouse College participate in this housing, it declines to meet our respon- United States of America from negoti- program, of the importance of voting sibilities in education, it declines to ating with other countries, particu- yes on this bill. meet our responsibilities in health larly developing nations, to try to get Ms. PELOSI. Mr. Speaker, I yield 4 care, it declines to meet our respon- them to join us in efforts to stop green- minutes to the gentleman from Wis- sibilities to veterans, and a whole host house gas emissions from continuing, consin (Mr. OBEY), the very distin- of other crucial initiatives domesti- to do something about global warming. guished ranking member of the Com- cally and internationally. This bill declines our responsibility We must move forward to get other na- mittee on Appropriations. Mr. OBEY for to meet our international obligations tions to join us. 11 years, I believe, was the Chair of the Section 583 specifically says that Subcommittee on Foreign Operations, and to defend our international inter- none of the funds appropriated by this Export Financing and Related Pro- ests as aggressively as we can. As the act shall be used for issuing rules, reg- grams and is well aware of the chal- gentlewoman has indicated, this bill, ulations, decrees or orders for the pur- lenge that we have. under our colleague’s level or anybody pose of implementation or in prepara- Mr. OBEY. Mr. Speaker, I thank the else’s is far less than 1 percent of our tion, in preparation for implementa- gentlewoman from California (Ms. total national budget. That is a small price to pay for protecting our national tion of the Kyoto treaty. This is a PELOSI) for the time. Mr. Speaker, for major defect in this bill. Why is it 4 years this House has been wrapped interests around the world, and I think there? We have alerted the committee around the axle on foreign aid, or at we do a discredit to this body and the to this problem, but this language is least for 2 of those years because of political dialog that takes place here there because unfortunately there are Mexico City policy. For years those when we pretend that this bill has any- those who want to act like an ostrich who supported the Mexico City provi- thing whatsoever to do with Social Se- and put our Nation’s head in the sands sions on family planning felt that that curity. and not deal with this problem. was so important that they needed to b 1830 Mr. Speaker, we need to defeat this block assistance to some of the poorest That is a small price to pay for pro- bill, take this out, and reconsider the people on the face of the globe. It was tecting our national interests around issue. so important that they had to stop our the world, and I think we do a discredit Mr. CALLAHAN. Mr. Speaker, I yield payments of debts that we owed to the to this body and to the political dia- 1 minute to the gentleman from Geor- U.N. for years. It was so important logue that takes place here when we gia (Mr. KINGSTON) who is a member of that we had to block our contributions pretend that this bill has anything the Committee on Appropriations as to the IMF in the middle of the Asian whatsoever to do with Social Security. well and is very well knowledgeable in financial crisis last year. The only people I know who believe the foreign operations aspect of this. But then this morning the Wash- that are the people who are saying it. Mr. KINGSTON. Mr. Speaker, the ington Post carries a story which indi- It is a laughing stock to everyone else statement of managers notes that HIV/ cates that the majority whip told the in the country who hears it. AIDS is much more of a problem in Af- Republican caucus last night that they Ms. PELOSI. Mr. Speaker, I yield rica than perhaps any other country. It had to pass this bill as is today without myself such time as I may consume to has great consequences for economic Mexico City if they wanted to remain close. and political stability. The Morehouse in control of the House of Representa- Mr. Speaker, in doing so I want to School of Medicine, which is the only tives. So suddenly conviction appar- point out a couple of issues that have African American school to be started ently evaporates. It took us 2 years to come up in the course of the debate. in this century, can be and should be learn that? I am really impressed. So First, let me say that I urge my col- part of the solution as we address this much for conviction, so much for prin- leagues to vote against this bill be- horrible problem of AIDS. The Presi- ciple. cause it is beneath the greatness of our dent of Morehouse School of Medicine I think we need to understand why country. is the distinguished Dr. Lewis W. Sul- this is being done. It is being done so We have an opportunity for peace in livan, the former Secretary of HHS. that the majority party can continue the Middle East, and yet this bill does H9376 CONGRESSIONAL RECORD — HOUSE October 5, 1999 not include funding to the Wye River I might tell you, Mr. Speaker, that fortunately, the bill before us today is vastly agreement, this historic opportunity. the President comes to the Congress, underfunded. This measure will only weaken When Prime Minister Barak was here and this President has come to the the world leadership of the United States. we all commended him, wished him Congress, and he has requested emer- I want to take a moment to discuss what I well, and now we have no money to gency supplemental assistance for Bos- believe is the most glaring omission in this help meet our commitment to the Wye nia, he has requested emergency sup- legislation, the lack of any funding to imple- River agreement. Contrary to what has plemental assistance for Kosovo, for ment the Middle East peace plan signed at been said here, the President did make Honduras, for Nicaragua. Now he is Wye. The 1998 Wye Accord was a triumph in a request for the Wye River funding in coming with Israel, with the Pales- U.S. diplomacy. This agreementÐwhich care- his February budget submission, so tinian Authority and with Jordan. I fully balanced Israeli security considerations this committee has in a timely fashion will remind you also he came back in with Palestinian economic and territorial had that request. the middle of last year, in the middle gainsÐput a long-stalled peace process back Not only do we not include the Wye of all of our negotiations, and wanted on track. And the Sharm el-Sheikh agreement, River funding, we removed the $100 $18 billion for the International Mone- which the parties signed just one month ago, million for Jordan, a commitment that tary Fund. So we have not been dis- has already led to the implementation of key we made to King Hussein with his courteous to this President in respond- components of the Wye accord. strong commitment to peace. He gave ing to his needs. A successful Middle East peace process is his life for peace, and we are removing So we have to second guess what this in the security and economic interests of the the funding from the bill, while saying bill does. I am contending it cuts for- United States. Now is clearly not the time for all along that it is an emergency that eign aid. We might second guess what us to renege on the pledges we made at Wye. we help Jordan through this transition the headlines might be. I do not have The $1.2 billion Wye package would provide time. This opportunity in Wye River to go back to Alabama to apologize to critical security assistance to Israel, des- can be missed if we do not have the anyone when I say folks, I voted perately needed economic aid to the Palestin- money now. against increasing foreign aid. They ians, and important economic and social fund- As I say, our colleagues cannot have seem to like that, when I say to the ing for Jordan. it both ways. They cannot wink at that people of Alabama that we have a more Peace in the Middle East has been a para- constituency that is concerned about responsible piece of legislation because mount U.S. foreign policy goal for decades. Middle East peace with the idea it will we are earmarking a great portion of it This long-impossible dream is finally becoming be there later, and then say if we put it for child survival, to make certain that a reality. Sadly, the funding bill on the floor in today it is coming out of the Social the money goes directly to the people today fails to address this exciting opportunity. Security fund. That simply is not a we are trying to assist. I must oppose the bill and I hope that new leg- straightforward approach to this prob- So the headlines might be, ‘‘Callahan islation will be brought forward which enables lem. votes to reduce foreign aid.’’ That the United States to continue its leadership Mr. Speaker, I want to save money would be fine with me, if the Mobile role in world affairs. too. This budget has been declining paper wants to do that. It might say, Mr. PAYNE. Mr. Speaker, I rise today in op- since the middle 1980s. We have a very ‘‘Callahan refuses to respond to the in- position to H.R. 2606Ðthe Conference Report low budget figure we are requesting. It satiable appetite the President has to on Foreign Operations Appropriations. The re- is the least we can do for freedom and spend more money.’’ It might say, port moves us in the wrong direction. Unfortu- democracy and peace in the world. ‘‘Callahan saves Social Security.’’ It nately, the conference report moves us into a Mr. CALLAHAN. Mr. Speaker, I yield might say, ‘‘Congress refuses the Presi- dangerously low budget from foreign opps. Let myself such time as I may consume. dent’s ridiculous request.’’ We do not me just say that we spend less than 1% on Mr. Speaker, at long last we are know what they will say. You can go the total foreign aid budget when we spend al- going to reach that stage where we get home and answer any of the things most a trillion dollars on defense and other re- to vote on this document. I love this your constituents want you to hear. lated expenses. place, and I love the personalities here I am telling you, this is a responsible People in my district when polled thought and the people here. We have so many piece of legislation that responds to that we spend close to 15% on foreign aid. brilliant people with such diverse opin- the needs of the administrative branch Recently, Governor Whitman suggested that ions that it is interesting to witness, as of government, while at the same time we cut foreign aid to less developed countries. a Member of this House, the greatness recognizing the priorities that we, es- That's greedy and fails to accomplish what we of this House. pecially on this side of the aisle, have, are all about. How can we take away the mea- The gentleman from Wisconsin used that we are going to insist that Social ger $1 a day that we give to 1.3 billion of the to chair this very committee that I Security not be touched, that we are people in these nations that depend on this. chair. I was a member of his sub- not going to tolerate taking money The conference agreement, which provides committee. But I will remind him when away from the national defense, as the $12.6 billion in funding, is nearly $2 billion he was chairman of that subcommittee gentlewoman from California sug- below the President's request and $1 billion they created a $100 billion deficit, in gested in the Committee on Rules, and less than last year's bill This low level of fund- addition to the Social Security monies. giving it to foreign aid, and that we are ing is untenableÐit will be impossible for the Now in the last few years, we have been not going to increase taxes in order to U.S. to maintain its leadership role in the able to reverse that. And now we have facilitate the whims of this President. world community with an inadequate foreign a $100 billion surplus. What a great ac- So, Mr. Speaker, here we are today. affairs budget. complishment. We have a responsible bill. Yes, it cuts Nearly every major account in the con- I do not take credit for doing all this foreign aid. It cuts the President’s re- ference report is underfunded, and one spe- by myself. I had a lot of help. The quest, it cuts it from last year. It does cific initiative, the Africa accounts, are non- President takes credit for doing a lot of not raise taxes, it does not touch the existent. This omission is particularly troubling, it, and he had a lot of help. Social Security program. As a matter as it signals a lack of support for the recent Mr. OBEY. Mr. Speaker, will the gen- of fact, it compliments that program. strides made by the countries in Africa. The tleman yield? Mr. Speaker, I would urge the mem- Development Fund for Africa (DFA) is being Mr. CALLAHAN. I yield to the gen- bers to vote for this responsible bill, cut almost 40% from last year (512 million). I tleman from Wisconsin. and let us deliver it to the President’s know the other side will point to the other ac- Mr. OBEY. Mr. Speaker, let me re- desk. counts like Child Survival that has funding for mind the gentleman that I led the op- Mrs. CAPPS. Mr. Speaker, I rise in opposi- Africa. Let me say that the DFA traditionally position to those budgets 7 years in a tion to the conference report. supports less developed countries and the row, the Reagan budgets, which sad- American spending on our foreign policy pri- grassroots programs. Other egregious funding dled this country with $4 trillion worth orities represents a tiny percentage of our na- cuts include: $175 million cut from essential of unnecessary debt. tional budget. It is clear, however, that modest loan program for the poorest nations; $157 Mr. CALLAHAN. Mr. Speaker, re- investment in key foreign policy initiatives million cut from global environmental protec- claiming my time, this was during the saves us major expenses when regional prob- tion projects; $87 million denied for debt relief Clinton administration. lems explode into national security crisis. Un- initiatives for the poorest countries; $50 million October 5, 1999 CONGRESSIONAL RECORD — HOUSE H9377 cut from African development loan initiatives; It is simply embarrassing. We are the world King (NY) Pease Smith (TX) Kingston Petri Souder $200 million cut from economic development leader, with the strongest most productive Knollenberg Pickering Spence and democracy-building programs in Africa, economy in history, yet we continue to refuse Kolbe Pitts Stabenow Asia, and Latin America; and $35 million de- payments to global institutions, including the Kuykendall Pombo Stearns nied for Peace Corps programs, just months United Nations and World Bank, and provide Largent Porter Stump Latham Portman Sununu after Congress voted to support the expansion the smallest amount of foreign assistance to LaTourette Pryce (OH) Sweeney of the Peace Corps to 10,000 volunteers. the developing world of any industrial country, Lazio Quinn Talent It is abundantly clear that this Foreign Oper- in relation to our GDP. Leach Radanovich Tancredo Lewis (CA) Ramstad Tauzin ations bill just won't work. It will not allow the Many of these global institutions were cre- Lewis (KY) Regula Taylor (NC) U.S. to continue to operate its important inter- ated over 50 years ago and needed reforms to Linder Reynolds Terry national programs at current levels, and will eliminate bureaucracy and changes to update LoBiondo Riley Thomas undoubtedly detract from the stature of the them for the next century. The U.S. was cor- Lucas (OK) Rogan Thornberry McCollum Rogers Thune U.S. in the international community. We have rect in demanding these changes. However, McCrery Rohrabacher Tiahrt learned from recent events that foreign assist- now that many of these reforms have been McHugh Ros-Lehtinen Toomey ance is a good investmentÐthe dollars we made, we must live up to our word and pay McInnis Roukema Upton McIntosh Royce Vitter spend today help avoid expensive national se- our contributions. As we refuse payment, we McKeon Ryan (WI) Walden curity crisis tomorrow. This bill will curtail our erode our word and reputation. This must Metcalf Ryun (KS) Walsh ability to help prevent the conflicts and curb stop. I hope that those who are concerned Mica Salmon Wamp the poverty that lead to instability throughout with our multilateral assistance will take a seri- Miller (FL) Sanford Watkins Miller, Gary Saxton Watts (OK) the world. ous look at the progress that has been made Moran (KS) Sensenbrenner Weldon (FL) We cannot adequately pursue our foreign in effecting change at these institutions. I be- Morella Sessions Weldon (PA) affairs priorities with this conference report. lieve that they will find that many of their con- Myrick Shadegg Weller And not only does this bill underfund existing Nethercutt Shaw Whitfield cerns have been addressed. Ney Shays Wicker needs, but it ignores emerging global needs, I look forward to reversing this decline in Northup Sherwood Wilson such as earthquake recovery in Turkey and foreign assistance in the next century and fur- Norwood Shimkus Wolf Taiwan, peace implementation in Kosovo, and thering the values that we cherish hereÐde- Nussle Shuster Young (AK) Ose Simpson Young (FL) debt relief for the world's poorest countries. mocracy, human rights, rule of law and free Oxley Skeen We urge you not to settle for this dangerously marketsÐto other parts of the world. Again, I Packard Smith (MI) underfunded bill. Vote ``no'' on the Foreign would like to congratulate my colleague from NAYS—211 Operations Conference Report. Alabama and his staff for their hard work and Mr. PORTER. Mr. Speaker, I rise to con- Abercrombie Filner McCarthy (NY) ultimate success in bringing a free-standing Ackerman Forbes McDermott gratulate the gentleman from Alabama for Foreign Operations Conference Report to the Allen Ford McGovern bringing this conference report to the floor. floor. Andrews Frank (MA) McIntyre While this subcommittee works with one of Baird Frost McNulty Mr. CALLAHAN. Mr. Speaker, I yield Baldacci Gejdenson Meehan the smaller allocations, this bill is usually one back the balance of my time. Baldwin Gephardt Meek (FL) of the most contentious. The chairman and his The SPEAKER pro tempore (Mr. Barcia Gonzalez Menendez staff have done an outstanding job of trying to THORNBERRY). Without objection, the Barr Goode Millender- address numerous concerns while working Barrett (WI) Gordon McDonald previous question is ordered on the Becerra Green (TX) Miller, George within the constraints of, what I consider, too conference report. Bentsen Gutierrez Minge small a budget for the important programs that There was no objection. Berkley Hall (OH) Mink this bill supports. I am pleased that the con- Berman Hall (TX) Moakley The SPEAKER pro tempore. The Berry Hastings (FL) Mollohan ference committee continues to recognize the question is on the conference report. Blagojevich Hill (IN) Moore needs of areas of conflict, such as Armenia Pursuant to clause 10 of rule XX, the Bonior Hilliard Moran (VA) and Cyprus and I hope that a peaceful settle- yeas and nays are ordered. Borski Hinchey Murtha ment will soon be reached in both of these re- Boswell Hinojosa Nadler The vote was taken by electronic de- Boucher Hoeffel Napolitano gions. vice, and there were—yeas 214, nays Boyd Holden Neal Further, I strongly support the committee's 211, not voting 9, as follows: Brady (PA) Holt Oberstar Brown (FL) Hooley Obey suspension of military aid to Indonesia and [Roll No. 480] hope that this will be expanded to multilateral Brown (OH) Hoyer Olver YEAS—214 Capps Inslee Ortiz assistance until the results of the referendum Capuano Jackson (IL) Owens Aderholt Coble Gilchrest in East Timor are permanently implemented. Cardin Jackson-Lee Pallone Archer Coburn Gillmor Carson (TX) Pascrell Finally, I am pleased with the language in the Armey Collins Gilman Chenoweth-Hage John Pastor Bachus Combest Goodlatte Statement of Managers supporting biodiversity Clay Johnson, E. B. Payne Baker Cook Goodling programs within AID, specifically those imple- Clayton Jones (NC) Pelosi Ballenger Cooksey Goss Clement Jones (OH) Peterson (MN) mented through the Office of Environment and Barrett (NE) Cox Graham Clyburn Kanjorski Phelps Natural Resources, and strongly urge AID to Bartlett Crane Granger Condit Kaptur Pickett Barton Cubin Green (WI) increase funding for these programs to a level Conyers Kennedy Price (NC) Bass Cunningham Greenwood proportionally equal to that provided in 1996. Costello Kildee Rahall Bateman Davis (VA) Gutknecht Coyne Kilpatrick Rangel While I am pleased with many of the issues Bereuter Deal Hansen Cramer Kind (WI) Reyes Biggert DeLay Hastert addressed in this bill, I am concerned that the Crowley Kleczka Rivers Bilbray DeMint Hastings (WA) funding for implementation of the Wye Memo- Cummings Klink Rodriguez Bilirakis Diaz-Balart Hayes Danner Kucinich Roemer randum is not included. This obviously is due Bishop Dickey Hayworth Davis (FL) LaFalce Rothman to budget constraints and not because of a Bliley Doolittle Hefley Davis (IL) Lampson Roybal-Allard Blunt Dreier Herger lack of congressional interest in furthering the DeFazio Lantos Rush Boehlert Duncan Hill (MT) Middle East peace process. Israel has made DeGette Larson Sabo Boehner Dunn Hilleary Delahunt Lee Sanchez great strides in furthering this process in the Bonilla Ehlers Hobson DeLauro Levin Sanders Bono Ehrlich Hoekstra last month and I know that the U.S. will find Deutsch Lewis (GA) Sandlin Brady (TX) Emerson Horn a way to provide the Wye money before the Dicks Lipinski Sawyer Bryant English Hostettler Dingell Lofgren Schaffer end of the year. Burr Everett Houghton Dixon Lowey Schakowsky Finally, while I support this bill, I remain Burton Ewing Hulshof Doggett Lucas (KY) Scott Buyer Fletcher Hunter concerned with the continued decreases in Dooley Luther Serrano Callahan Foley Hutchinson U.S. foreign assistance. As I have said before, Doyle Maloney (CT) Sherman Calvert Fossella Hyde Edwards Maloney (NY) Shows the U.S. is now the sole superpower and Camp Fowler Isakson Engel Manzullo Sisisky world leader. Yet, we are not leading. As our Campbell Franks (NJ) Istook Eshoo Markey Skelton Canady Frelinghuysen Jenkins role in the world becomes more important, our Etheridge Martinez Slaughter Cannon Gallegly Johnson (CT) budget for foreign operations continues to Evans Mascara Smith (NJ) Castle Ganske Johnson, Sam Farr Matsui Smith (WA) shrink, thereby, limiting the impact we can Chabot Gekas Kasich Fattah McCarthy (MO) Snyder have on global development. Chambliss Gibbons Kelly H9378 CONGRESSIONAL RECORD — HOUSE October 5, 1999 Spratt Thurman Waters tleman from North Carolina (Mr. rash and wear latex gloves may be at Stark Tierney Watt (NC) Stenholm Towns Waxman JONES) is recognized for 5 minutes. greater risk. Although the American Strickland Traficant Weiner (Mr. JONES of North Carolina ad- public knows little about latex allergy, Stupak Turner Wexler dressed the House. His remarks will ap- the last 5 years have shown increasing Tanner Udall (CO) Weygand pear hereafter in the Extensions of Re- evidence that latex allergy has become Tauscher Udall (NM) Wise Taylor (MS) Velazquez Woolsey marks.) a major occupational health problem Thompson (CA) Vento Wu f which has become epidemic in scope Thompson (MS) Visclosky Wynn among highly exposed health care LATEX ALLERGY AWARENESS workers and among others with signifi- NOT VOTING—9 WEEK Blumenauer McKinney Peterson (PA) cant occupational exposure. This is Jefferson Meeks (NY) Pomeroy The SPEAKER pro tempore. Under a largely because the use of latex rubber LaHood Paul Scarborough previous order of the House, the gen- has increased, especially in medical de- b 1900 tleman from Illinois (Mr. DAVIS) is rec- vices, because latex is used as a dis- ognized for 5 minutes. ease-prevention barrier. Mr. STRICKLAND and Mr. BARCIA Mr. DAVIS of Illinois. Mr. Speaker, I However, Mr. Speaker, I am not sug- changed their vote from ‘‘yea’’ to use this occasion to recognize this gesting who or what is at fault. Nor am ‘‘nay.’’ week as Latex Allergy Awareness I suggesting that latex is not an effec- So the conference report was agreed Week, October 4 through 10, 1999, and tive instrument in protecting humans to. to talk about an important health from life-threatening diseases. I am The result of the vote was announced issue, an issue which directly affects a suggesting that we need to increase re- as above recorded. constituent of mine, 9-year-old Jimmy search in this area and find ways to A motion to reconsider was laid on Clark of River Forest, Illinois, whose spare the citizens of this country from the table. parents have become leading crusaders unnecessarily developing latex sensi- Stated against: to make the public aware of this prob- tivity. Mr. POMEROY. Mr. Speaker, on rollcall No. lem. It is my belief, Mr. Speaker, that an 480, I was unavoidably detained and was ab- Mr. Speaker, Jimmy Clark lives with increased awareness will go a long sent during the vote. It was my intention to an ailment that is virtually unrecog- ways towards helping find a solution to vote ``no'' on this rollcall vote. nized by most Americans and the med- this problem. f ical community. Jimmy is latex sen- Mr. Speaker, it is important that our researchers work cooperatively to THE JOURNAL sitive. Yes, Jimmy is latex sensitive. He is at risk for serious and potentially achieve the right solution, a solution The SPEAKER pro tempore (Mr. fatal allergic reactions when exposed not influenced or marred by special in- WELDON of Florida). Pursuant to clause to products made from natural latex. terests from different sides of the spec- 8, rule XX, the pending business is the It is critical that we become fully trum, but a solution developed for question of agreeing to the Speaker’s aware and acknowledge the broad and those most affected by the disease. approval of the Journal of the last problematic scope of this issue which Latex allergy organizations and sup- day’s proceedings. the American Academy of Dermatology port groups across this Nation have The question is on the Speaker’s ap- has called the next major health con- successfully established a State Latex proval of the Journal. cern of the decade. Allergy Awareness Week in several Pursuant to clause 1, rule I, the Jour- Something as simple as eating lunch States. I believe once this awareness of nal stands approved. in his school’s cafeteria could be fatal this disease increases, our Nation will f to Jimmy, since latex gloves are com- see with sincere satisfaction the posi- monly used in the food service indus- tive results from research and care for SPECIAL ORDERS those who suffer from its effects. Hope- tries. Jimmy and others like him are fully, next year as this same time ap- The SPEAKER pro tempore. Under allergic to thousands of items ranging proaches, both Houses will see fit to de- the Speaker’s announced policy of Jan- from the balloons at his best friend’s clare this week National Latex Allergy uary 6, 1999, and under a previous order birthday party to the examining gloves of the House, the following Members Awareness Week. in an ambulance or at a doctor’s office. Mr. Speaker, I close by thanking Mr. will be recognized for 5 minutes each. It is heartbreaking to know that for f and Mrs. Clark and Jimmy for stepping thousands of American citizens like up to the plate to help make Ameri- The SPEAKER pro tempore. Under a Jimmy, that exposure to even these cans more aware of a health problem previous order of the House, the gen- seemingly harmless items could cause and a societal need. They embody the tleman from Illinois (Mr. LIPINSKI) is him to die. He cannot even receive real spirit of democracy: if not I, then recognized for 5 minutes. needed medical treatment or enjoy eat- who? If not then, when? I thank both (Mr. LIPINSKI addressed the House. ing lunch at school without fear of ex- Jimmy and his parents and say to His remarks will appear hereafter in posure to potentially deadly latex par- them that River Forest as well as all of the Extensions of Remarks.) ticles. America are proud of them. Reactions to exposure include imme- f f The SPEAKER pro tempore. Under a diate allergic reactions from skin con- ISSUES OF CONCERN previous order of the House, the gen- tact resulting in itching and hives. Re- tleman from Indiana (Mr. BURTON) is actions to the airborne latex particles The SPEAKER pro tempore. Under a recognized for 5 minutes. include inflammation of the eyes, previous order of the House, the gen- (Mr. BURTON of Indiana addressed shortness of breath, asthma, dizziness, tleman from Tennessee (Mr. DUNCAN) is the House. His remarks will appear and rapid heart rate. recognized for 5 minutes. hereafter in the Extensions of Re- The most severe cases can result in Mr. DUNCAN. Mr. Speaker, I rise to- marks.) severe blood pressure drop and loss of night to speak on several unrelated but consciousness. Latex allergy develops f very important topics. First I want to most commonly in people who have quote from an Associated Press story The SPEAKER pro tempore. Under a frequent or intimate exposure to it. At of a few days ago: ‘‘A billion-dollar-a- previous order of the House, the gen- high risk are those who have had fre- year air war forgotten by the outside tleman from New Jersey (Mr. PALLONE) quent surgical procedures, particularly world but droning on over dusty Iraqi is recognized for 5 minutes. in infancy and workers with occupa- towns does not appear to be getting (Mr. PALLONE addressed the House. tional exposure, especially to latex Washington any closer to its ultimate His remarks will appear hereafter in gloves. A history of allergies or hay goal of ousting President Saddam Hus- the Extensions of Remarks.) fever also may be a significant risk fac- sein.’’ f tor. The Associated Press story said that The SPEAKER pro tempore. Under a Some studies suggest that some indi- we have dropped 1,400 bombs and mis- previous order of the House, the gen- viduals who have had dermatitis or siles on Iraq since mid-December in October 5, 1999 CONGRESSIONAL RECORD — HOUSE H9379 this forgotten war. A forgotten war Ritalin is prescribed six times as much sailors because we cannot get sailors to that is doing no good, wasting more in the United States as in any other in- join Mr. Clinton’s Navy. We are about than $2.6 million each day, bombing dustrialized nation. He said that 800 pilots short in the Air Force, and it people who could be our friends, but in- Ritalin has the same properties, basi- costs millions of dollars to train a stead making new enemies for the cally, as some of the most addictive pilot, and it takes a long time. If the United States each and every day. A drugs there are. balloon goes up and we have a war, we billion-dollar-a-year air war that is Now I read in Time Magazine that are not going to be ready. wasteful, useless, inhumane, and ac- production of Ritalin has increased So the President has cut defense dis- cording to the Associated Press, not sevenfold in the past 8 years and that astrously. His own Joint Chiefs, some accomplishing its goal. 90 percent of it is consumed in the of whom stood behind him in that press Second, I want to mention another United States. Time Magazine said, conference said that his budget was un- ridiculously wasteful project. A few ‘‘the growing availability of the drug derfunded by about $20 billion. The Air days ago NASA lost a $125 million Mars raises the fear of the abuse: more teen- Force said they need an extra $5 bil- orbiter because one engineering team agers try Ritalin by grinding it up and lion. The Navy said they need an extra used metric units while another used snorting it for $5 a pill than get it by $6 billion a year, the Army an extra $5 English units for a key spacecraft oper- prescription.’’ billion, and the Marine Corps an extra ation. If this had happened in the pri- Also, I read in Insight magazine that $1.75 billion. On top of that, they need vate sector, heads would have rolled. almost all these teenage school shoot- an extra $2.5 billion a year to pay for the retirement and the wages that are However, when it happens with tax- ers in recent years have been boys who necessary to keep good people in the payer money done by totally protected were on at the time or had recently service. civil servants and big government con- been on Ritalin or some similar mind- So the Clinton administration has tractors, no one is really held account- altering drug. dragged down national defense. able. Now, I believe there are some people Now, Congress has added some money We see over and over and over again for whom Ritalin has been good. But I to the defense bill. We have added that the Federal Government is unable also read that it is almost always given about $50 billion over the last 6 years, to do anything in an economical, effi- to boys who have both parents working but that is not enough. We have added cient, low-cost manner. Because it is full time. as much as we thought we could add other people’s money, they really just I am simply asking if it is a good without getting the bill vetoed by do not care. If we want our money to be thing to give such a strong drug to so President Clinton. Even then, he has wasted, just turn it over to Federal bu- many, or is it simply a way for a big threatened vetoes on a number of occa- reaucrats. They will be paid regardless drug company to make huge profits. sions. of how bad a job they do and at a rate Why 90 percent in the United States? But defense is in difficult condition. that is about 50 percent higher than Why do we have at least six times as It is in bad shape. If we had to fight the the average citizen for whom they are much of this prescribed in the U.S. as two-war scenario, that is, if we had to supposed to be working. any other industrialized nation? fight on the Korean Peninsula and we Today we just cavalierly lose a $125 I hope, Mr. Speaker, that parents, had to fight in the Middle East today, million machine because we have a teachers, doctors and everyone else we would have a lot of Americans com- government that is of, by, and for the will not be so eager to turn to Ritalin, ing home in body bags because we are bureaucrats instead of one that is of, which is really a potentially dangerous short on ammo, short on spare parts, by, and for the people. addictive drug and will use it only as and short on technically knowledge- Third, Mr. Speaker, let me mention an absolute last resort. able people in extremely critical areas. the scandalous grant of clemency to f We need more money. We need it des- the 16 Puerto Rican terrorists respon- perately. The SPEAKER pro tempore (Mr. sible for 130 bombings. These bombings f WELDON of Florida). Under a previous killed six people. They left six people order of the House, the gentlewoman ASTROS WIN FIRST GAME dead, and maimed and injured 84 oth- from California (Ms. WOOLSEY) is rec- ers. One New York City policeman lost (Ms. JACKSON-LEE of Texas asked ognized for 5 minutes. his leg and one lost his sight and has 20 and was given permission to address (Ms. WOOLSEY addressed the House. pins holding his head together, and the the House for 1 minute and to revise Her remarks will appear hereafter in President and the Department of Jus- and extend her remarks.) the Extensions of Remarks.) Ms. JACKSON-LEE of Texas. Mr. tice are refusing to give congressional f Speaker, I think there is some good committees the information and papers news that we have just heard, and I am leading to these grants of clemency. NATIONAL DEFENSE IS IN BAD delighted to be on the floor with the What are they trying to hide? SHAPE gentleman from Texas (Mr. GREEN), Senator ORRIN HATCH, a Member of The SPEAKER pro tempore. Under a and that is that the Astros have just the other body and chairman of its won the first game of the division that Committee on the Judiciary said, ‘‘The previous order of the House, the gen- tleman from California (Mr. HUNTER) is will lead them on to the World Series. Justice Department today is run by Though we see no Georgians on the people who do not care about the law.’’ recognized for 5 minutes. Mr. HUNTER. Mr. Speaker, today, floor because they are playing the At- The grants of clemency were given lanta Braves, I am prepared to offer a the President signed the defense bill against the advice of every law en- bet of some good Texas barbecue that and he gave, in signing the defense bill, forcement agency asked about them. the Astros will win. a speech in which I think he gave a Mr. Speaker, I yield to the gentleman b 1915 dangerously false message to the from Houston, Texas (Mr. GREEN). Three examples, Mr. Speaker, of a American people. That message was Mr. GREEN of Texas. Mr. Speaker, I Federal Government that is simply too that defense is in good shape. thank the gentlewoman for yielding. big and out of control and wasting bil- Defense is not in good shape. We are The gentlewoman and I have both lions of hard-earned tax dollars each $3.5 billion short on ammunition for talked to the gentleman from Atlanta, and every day. the Army. We are $193 million short on Georgia (Mr. LEWIS). He and I talked a Finally, Mr. Speaker, one other con- ammunition for the Marine Corps. We little bit. He knows my affinity for cern I have does not deal with Federal have 10,000 uniformed families on food Diet Coke, and I bet him some venison Government wasteful spending, but is stamps because they are about 13 per- sausage from Texas against a case of it possible that many people are spend- cent under the wages of their counter- Diet Coke. It looks like I may get that ing money in a harmful way on Ritalin. parts in the civilian sector. Diet Coke from Georgia. I mentioned once before on this floor Our aircraft are in such bad shape Ms. JACKSON-LEE of Texas. Mr. that a retired high-level Drug Enforce- that only about 65 percent of them can Speaker, with barbecue and venison on ment Agency official wrote in the get off the ground and go do their mis- the table, I do not think we can miss. Knoxville News-Sentinel last year that sion. Our Navy now is lacking 18,000 I look forward to a victory. H9380 CONGRESSIONAL RECORD — HOUSE October 5, 1999 The SPEAKER pro tempore. Under a induction into the College Football, term, 15-year tax exempt bond, the in- previous order of the House, the gen- Chicagoland, and the Rose Bowl Halls terest on the bond may be an addi- tleman from Ohio (Mr. BROWN) is rec- of Fame. tional 65 percent of the value. ognized for 5 minutes. It is now both fitting and warranted Under our legislation, the Federal (Mr. BROWN of Ohio addressed the for the Pro Football Hall of Fame to government would provide tax credits House. His remarks will appear here- induct this athlete of athletes into its equal to the interest the local commu- after in the Extensions of Remarks.) cherished halls. nities would pay to investors on these f In closing, Mr. Speaker, I again en- bonds. This emergency Federal assist- ance would help communities like CLAUDE BUDDY YOUNG SHOULD courage the Pro Football Hall of Fame selection committee to induct Claude mine and others across the country BE INDUCTED INTO FOOTBALL meet the needs of our children. HALL OF FAME Buddy Young into its prestigious and historical group of athletic legends. Let me give my colleagues an exam- The SPEAKER pro tempore. Under a Only then will Young’s place in ath- ple from my district to illustrate that previous order of the House, the gen- letic history be rightfully immor- we are facing a serious situation. In tleman from Illinois (Mr. RUSH) is rec- talized alongside other legends of the Montgomery Township, Somerset ognized for 5 minutes. great game of football. County, in 1990, their school enroll- Mr. RUSH. Mr. Speaker, I rise today ment was about 1,500 students. Now to encourage the Pro Football Hall of f Montgomery has to provide seats for Fame to induct an extraordinary ath- The SPEAKER pro tempore. Under a 3,500 students, an increase of 134 per- lete called Buddy Young, a Chicago previous order of the House, the gentle- cent in 10 years. Enrollment is ex- hero and graduate of the Wendell Phil- woman from California (Ms. WATERS) is pected to rise another 1,500 students lips High School in my district. recognized for 5 minutes. over the next 5 years. As Chicago Sun Times columnist (Ms. WATERS addressed the House. The residents of Montgomery have Steve Neal recently observed, Buddy Her remarks will appear hereafter in been very supportive of their school Young was among the greatest NFL the Extensions of Remarks.) system. However, the strain of paying running backs of the modern era. f for an annual operating budget coupled From 1944 to 1946, Buddy Young was with the payment for new buildings is an All American halfback for the Uni- EDUCATION testing the pocketbooks of even the versity of Illinois’ fighting Illini. In his The SPEAKER pro tempore. Under a most ardent supporters of public edu- first season as a college football play- previous order of the House, the gen- cation. They need our help. In some er, Young was runner up for the cov- tleman from New Jersey (Mr. HOLT) is towns in my district, there is now the eted Heisman Trophy. As one of the recognized for 5 minutes. added expense to rebuild and repair most electrifying players on the team, Mr. HOLT. Mr. Speaker, as I travel after Hurricane Floyd. he tied renowned football legend Red my district in central New Jersey, I am b 1930 Grange’s college record for touch- constantly confronted with the growth These days school construction and downs. of these communities. Young families In 1947, Young led the NCAA college modernization also includes tech- are moving into new houses and school all star football team in an astounding nology infrastructure. Our schools need principals get phone calls daily from upset victory over defending pro foot- to keep up to date on technology to en- parents who are moving into the area. ball champions, the Chicago Bears. Due sure our students are ready for the jobs The opening days of school are chal- to his outstanding performance during of the 21st century. Employers depend lenging for school principals. Some the game, Buddy Young was selected as on talent, skills, and creativity of their schools in my New Jersey district have the game’s MVP. workforces for their success. Compa- Following his college football career, kindergartens that are twice the size of nies, communities, and students all Buddy showcased his athletic talents the senior class. benefit from a vital and a successful on a number of pro football teams. He Communities across the State and educational system. is best remembered as a standout offen- the Nation are struggling, struggling Many high-tech firms in my district sive threat for the Baltimore Colts to address the critical need to build in central New Jersey already invest in where he set a kickoff record that is new schools and renovate existing ones the local schools. They have much to still standing today. to make up for years of deferred main- offer, especially in technical areas of Also, Young’s 27.7 per yard kickoff tenance and to accommodate rising science and math. The New Jersey return average is currently ranked school enrollment. State Chamber of Commerce has a pro- fourth in all-time pro football record Urban and rural and high growth sub- gram called Tech Corps New Jersey books. In fact, Mr. Speaker, Young’s urban areas all face different and dif- which recruits business volunteers record and play as a Colt was so supe- ficult school modernization problems. with expertise in computer technology rior that the franchise retired his num- The General Accounting Office esti- to work with schools that need assist- ber, an accolade afforded to only eight mates that $112 billion is needed just to ance in the area of education tech- other Colt football players. repair existing schools across the Na- nology. I believe we need to encourage Furthermore, it is worth noting that, tion. Twenty-four hundred new public these partnerships where businesses of the nine Baltimore Colt football schools will be needed by 2003 to ac- can invest in their local communities. players to have had their numbers re- commodate 1.3 million new students Businesses can easily help schools tired, Buddy Young is the sole player and to relieve overcrowding. keep up to date with their technology who has not been inducted into the Pro With schools bursting at the seams, infrastructure. The E-rate, which sup- Football Hall of Fame. new schools being constructed every ports discounted internet wiring and Although well known for his great year, property taxes are reaching as- services to schools and libraries, is a football accomplishment, Buddy Young tronomical rates. These growing com- good example of effective Federal local has excelled in other aspects of his life. munities need relief. Communities in partnership which can help finance As the director of player relations of my New Jersey district are voting technology infrastructure in our the National Football League, Young down needed construction because they schools. was the first African American to be- cannot afford even higher property Certainly local taxpayers bear the re- come an executive in any major sports taxes. sponsibility for educating their chil- league. That is why, together with the gen- dren, and local taxpayers shoulder Additionally, while in college, Young tleman from North Carolina (Mr. most of the cost, but the education of won the NCAA Division I track and ETHERIDGE), I am working for legisla- our youth is a national responsibility, field championship in the 100 yard tion to ease the burden for fast growing similar to national defense, and it is dash, the 220 yard dash, and he set a communities as they construct new time the Federal Government steps up world record in the 60-yard dash. schools. and accepts our responsibility to local Already, Mr. Speaker, Buddy Young’s The interest on school construction districts for the education of our chil- athletic achievements have earned him bonds is a big item. Even on a short- dren. October 5, 1999 CONGRESSIONAL RECORD — HOUSE H9381

The SPEAKER pro tempore (Mr. cle to read this in the RECORD. It is a Graham, Attorney General Janet Reno and COBURN). Under a previous order of the wonderful tribute to a woman who has U.S. Reps. Charles Rangel and James Cly- House, the gentlewoman from Hawaii served in her State legislature and is burn, chairman of the Congressional Black Caucus. (Mrs. MINK) is recognized for 5 minutes. very much admired. The draw? U.S. Rep. Carrie Meek, D- (Mrs. MINK of Hawaii addressed the People just came to her to get infor- Miami, who has summoned an obedient cadre House. Her remarks will appear here- mation and to get help. She was my of political figures to speak to a group of her after in the Extensions of Remarks.) chairman on the education sub- visiting constituents. ‘‘We’re here because f committee in appropriations when we Carrie told us to be here,’’ Labor Secretary served together, and she was fairer Alexis Herman says. TRIBUTE TO CONGRESSWOMAN than anybody I have ever seen because This year, Meek marks 20 years of public CARRIE MEEK OF FLORIDA she understood the entire State of service, 13 of them in the Florida Legisla- ture. She is the first black Floridian to win The SPEAKER pro tempore. Under a Florida, what it meant for rural areas previous order of the House, the gentle- a seat in Congress in recent history, a mem- to have funding as well as the urban ber of the House Appropriations Committee, woman from Florida (Ms. BROWN) is areas. a four-time congressional winner whose only recognized for 5 minutes. We just all love her in Florida, and general-election opponent earned just 11 per- Ms. BROWN of Florida. Mr. Speaker, we all respect her and admire her for cent of the vote. I rise today to pay tribute to my friend the work that she has done. So I would Over the past 12 months, Meek is credited and colleague, the gentlewoman from really hope our colleagues do read this with boosting her district by helping to se- Florida (Mrs. MEEK). article because it is fabulous. cure notable federal allocations—$130 million Mr. Speaker, I want to submit for the in employment-zone tax incentives; $35 mil- Ms. BROWN of Florida. Mr. Speaker, lion in housing grants to rebuild public hous- RECORD an article that ran in the Sun- I yield to the chairman of the Congres- ing; $2.2 million to jump-start a Little Haiti day September 26 edition of the Miami sional Black Caucus, the gentleman program for troubled children. Herald. This article talks about the from South Carolina (Mr. CLYBURN). But most remarkable, political observers achievement the gentlewoman from Mr. CLYBURN. Mr. Speaker, I thank say, has been Meek’s ability to play politics Florida has made and the obstacles she the gentlewoman from Florida (Ms. in more than one arena. Meek—an had to overcome to get to Congress. BROWN) for yielding to me, and I too unapologetically liberal Democrat—has She was the first African American fe- would add my voice to the accolades managed to solidfy her standing not only with members of her own party but with male to serve in the Florida Senate. that are being paid our good friend, the And when we both were elected to Con- those across the aisle. gentlewoman from Florida (Mrs. ‘‘She’s got a nice way, but she’s no push- gress in 1992, this marked the first time MEEK). over,’’ says Rep. E. Clay Shaw, R-Fort Lau- in 127 years that an African American I first met her some, and she may not derdale. ‘‘She has a velvet glove, but some- from Florida had been sent to Con- want me to tell how long ago, 25 or 30 times she can have a fist in it. She’s so lik- gress. years ago, and I got to know her. I fol- able that it’s sometimes disarming.’’ This year marks 20 years of service lowed her career over the years, and BOLDLY STEPPING FORWARD for Congresswoman MEEK. Her con- my friends in the State of Florida all Once a neighborhood activist, she has be- stituents are proud of her hard work have said to me what a great person come a power broker. and the results she brings to her dis- that she was there in the Florida legis- Carrie Meek has never been timid. When trict. She has fought for fairness in the lature. she started in politics, she was audacious. appropriations process, and I am proud When I came here in the class of 1993, In the Legislature, Meek regularly intensi- fied floor debates, once threatening to camp to recognize the gentlewoman for her it was a great pleasure for me to be accomplishments. out on the doorstep of a colleague who was here and to have the opportunity to reluctant to increase funding for Jackson Mr. Speaker, I yield to the gentle- serve with her. It has been a service Memorial Hospital. woman from Texas (Ms. EDDIE BERNICE that I have enjoyed tremendously, and Back then, if she thought a particular bill JOHNSON). I can truly say that I do not believe needed to be killed, she waved a black flag Ms. EDDIE BERNICE JOHNSON of that I would be standing here as chair adorned with a skull and crossbones, declar- Texas. Mr. Speaker, I am so delighted of the Congressional Black Caucus had ing the measure needed to be ‘‘black flag to hear that the gentlewoman is paying dead.’’ it not been for the great support and ‘‘It’s now in the nomenclature of the Legis- tribute to our colleague, and I hope guidance that I received from her since that the gentlewoman will allow me to lature. They wanted my son to use it,’’ Meek being here in this body. says, referring to state Sen. Kendrick Meek, mention that she has taken a leader- The people of Florida should be very D-Miami. ship role in heading the task force on proud of her. I am pleased to see it here Carrie Meek has established a fairly liberal census for the Congressional Black that her hometown newspaper has paid voting record, generally following Demo- Caucus and that she has been very dili- her such a tremendous tribute. It is cratic endorsements of affirmative action, gent in her legislative duties here. one that is well deserved. abortion rights, gun control, and spending on I really compliment the gentle- housing and job creation. She has favored in- Ms. BROWN of Florida. In closing, creasing the minimum wage, expanding the woman for making a record of this be- Mr. Speaker, my favorite saying is, cause the gentleman from Florida rights of immigrants, and giving tax credits ‘‘Let the work I have done speak for to small businesses in her district. (Mrs. MEEK) is a very worthy person. me.’’ And certainly Mrs. MEEK’s work Her current causes: Census 2000, which Ms. BROWN of Florida. Mr. Speaker, speaks for itself. In fact, I recommend aims to count minorities fully in the upcom- I yield to the gentlewoman from North that she look at serving 20 more years. ing census, and additional research on lupus, Carolina (Mrs. CLAYTON). 20 more years of service from the gen- the autoimmune disease that claimed her (Mrs. CLAYTON asked and was given sister. tlewoman from Florida (Mrs. MEEK) Meek has sided with Republicans on some permission to revise and extend her re- would be a great tribute to Florida and marks.) matters, such as opposing military defense to this great Nation. cuts or foreign-policy adjustments to ease Mrs. CLAYTON. Mr. Speaker, I also Mr. Speaker, the article I referenced want to add my congratulations to our relations with Cuba. above follows: On voting evaluations this year, Meek colleague, the gentlewoman from Flor- [From the Miami Herald, Sept. 26, 1999] scored 95 or better with the American Fed- ida (Mrs. MEEK), and I commend the eration of State, County and Municipal Em- REPRESENTATIVE MEEK MAKES 20-YEAR gentlewoman for bringing this to the ployees, the nation’s largest public service MARK—MIAMI CONGRESSWOMAN DISPLAYS floor and putting on RECORD her employees union, and with Americans for DEFT POLITICAL TOUCH achievements. Democratic Action, a group that promotes Ms. BROWN of Florida. Mr. Speaker, (By Andrea Robinson) human rights. I yield to the gentlewoman from Flor- WASHINGTON.—Though a morning of angry She fared worse with business groups, scor- wind and rain has transformed the nation’s ing 28 with the Chamber of Commerce of the ida (Mrs. THURMAN). capital into a virtual ghost town, an intrepid United States, and only four with the Amer- Mrs. THURMAN. Mr. Speaker, I band of Washington luminaries heads toward ican Conservative Union, which focuses on thank the gentlewoman for yielding to a meeting room in a basement of the Capitol. foreign-policy, social and budget issues. me, and I really would ask all of my Among the celebrity attendees: House Mi- At a party Sept. 17, 300 supporters gathered colleagues who have not seen this arti- nority Leader Richard Gephardt, Sen. Bob on a Washington rooftop to celebrate Meek’s H9382 CONGRESSIONAL RECORD — HOUSE October 5, 1999 20-year tenure in politics. The guest list in- In 1979, some tenants in those same Miami Mr. Speaker, I rise to talk about co- cluded Miami-Dade Commissioners Betty neighborhoods urged Meek to run for a va- operatives and to say this is National Ferguson and Dennis Moss, Opa-locka Mayor cant seat in the Legislature. Meek initially Cooperative Week, celebrating the Alvin Miller and representatives of Washing- ran into resistance from some of Miami’s founding of cooperatives and why they ton’s black elite. black political leaders, who favored James The woman they toasted had graduated Burke, a Democrat who had name recogni- are special and why we make this rec- from neighborhood activist to power broker. tion because of a previous unsuccessful ognition. She is one of 60 members of the House Appro- House race. Now, Burke is on trial in federal Cooperative businesses are special priations Committee, where virtually every court, accused of bribery. because they are owned by the con- spending billion housing, transportation, Meek defeated Burke in the primary, sumers they serve and because they are taxes or juvenile crime—is scrutinized. trounced Republican Roberto Casas in the guided by a set of principles that re- Remarkably, Meek won a spot on Appro- general election, and assumed office with a priations during her freshman year. In that flect the interests of those consumers. central goal: to champion ‘‘little people’’ More than 100 million people are mem- term, she sponsored, and won, a measure pro- causes such as housing, education and equal viding Social Security retirement for nan- access. bers of some 47,000 U.S. cooperatives, nies and day laborers. After Hurricane An- Over the past 20 years, Meek has achieved enabling consumers to secure a wide drew, she helped to obtain more than $100 milestones: the first black female to serve in array of goods and services, such as million in federal aid for South Florida, and the state Senate, the first leader of the health care, insurance, housing, food, joined the fight to rebuild what had been state’s black caucus, and the first black from heating, electricity, credit unions, Homestead Air Force Base. Florida in modern history elected to Con- child care, as well as farming. The past 12 months have brought success gress. Farming community cooperatives in- and failure. Her District 17 stretches through the cen- Meek pushed unsuccessfully for a bill that deed have been very important. In the tral part of Miami-Dade, from Carol City to would employ welfare recipients as census agricultural sector, USDA’s Coopera- Homestead. takers. Also stalled is her attempt to in- When not in Washington, Meek returns to tive Services’ survey of farmer co- crease funding for lupus research. the house in Liberty City—a few blocks from operatives for the year 1995 reported On the other hand, Meek helped to bring the Martin Luther King Metrorail station— that actually there were more than Miami-Dade about $80 million in economic where she has lived for 35 years. 4,006 cooperatives in operation. These development money this year. And, with the Divorced twice and living alone, she likes aid of Florida Republican lawmakers such as associations provide a variety of serv- dancing, quiet evenings at home, reading Rep. Lincoln Diaz/Balart and Sen. Connie ices, from buying, as well as producing, books or playing with Duchess, a great Dane Mack, she helped to establish new protec- as well as marketing. So they have puppy. tions for almost 50,000 Haitian immigrants. made a difference. Perhaps the biggest prize was the em- HOPES IN LIBERTY CITY Cooperatives structured properly can powerment-zone designation, which will Federal aid for housing shows ‘possibilities be of great benefit to farmers. They mean $130 million in tax incentives over 10 of what can happen.’ It is just after 10:30 a.m. focus on their ability to collectively years, and millions more in job grants. on a recent weekday, and Carrie Meek is Norman Omstein, a policy analyst for the buy at the most economic rates. They riding along Miami’s Northwest 27th Avenue. also allow them to sell and to be in an conservative American Enterprise Institute, Since a ceremony last month, the street car- says Meek has carved out a political niche. ries her name: Carrie P. Meek Boulevard. association to market their goods. So ‘‘She’s open, frank . . . a nice person who She is headed to the Miami-Dade Housing cooperatives in the farming commu- works hard,’’ Ornstein says. ‘‘When people Agency to join U.S. Housing and Urban De- nity is very, very special, and we want say nice things about her, it’s not just blow- velopment Secretary Andrew Cuomo for an to commend and strengthen their serv- ing smoke. She ranges across a series of announcement: a $35 million federal housing ice in the rural community. areas: Cuba, Haitians, housing. What she award for renovation of the Scott and Carver Cooperatives are also effective in does is outside the norm.’’ housing developments in Liberty City. Rep. John Lewis, D–Ga., says Meek has electric. In my area, I come from rural On three previous attempts, the county kept her eye on an important goal: looking America, and electric cooperatives missed a shot at the funding. Last year, out for the people in her district. Meek’s staff asked HUD to help the county have made the difference. They have ‘‘We see showboats and we see tugboats,’’ craft a better application. been in eastern North Carolina from Lewis says. ‘‘She’s a tugboat. I never want to Problems are chronic at the housing devel- the very beginning. In fact, in the be on the side of issues against her.’’ Carrie Pittman Davis Meek was born in opments. But with the new money, housing 1940s, it was not very profitable to have Tallahassee. She is a granddaughter of officials intend to start over. Demolition is electricity in our areas, and they were slaves, the youngest of 12 children and a set for 754 units at Scott Homes and 96 at established in eastern North Carolina, firsthand witness to the injustices of big- Carver Homes. In their place, the county will which is sparsely populated, and they otry. build 382 single-family and townhome units, have made the difference. They have Though she grew up in the shadow of the adding more grass and trees. The housing agency has great hopes for the grown in my district. In fact, I perhaps Florida Capitol, segregation prevented her have more electric cooperatives than from setting foot in state offices. Her father, project—lower density, reduced poverty, less Willie, one of the great influences in her life, crime. Meek says the assistance is long over- anyone else in my State, and they are took her onto the Capitol grounds on the due. of value. only day it was permitted—inauguration ‘‘It’s about the possibilities of what can In fact, in the recent Hurricane day. happen in Liberty City,’’ she says. Floyd that we had, it was indeed the ‘‘I grew up in a discriminatory society,’’ f cooperatives not only in the State but she says. ‘‘I knew what it was like to be those cooperatives from out of the treated differently. I wanted to see things COOPERATIVES State who came to the rescue of the co- changed, and wanted to assist any movement The SPEAKER pro tempore. Under a operatives who were affected by Floyd. to help with changing it.’’ Though she graduated with honors in biol- previous order of the House, the gentle- In fact, some 260 electric members were ogy and physical education from Florida woman from North Carolina (Mrs. without electricity for a period of time, A&M, her race kept her from medical train- CLAYTON) is recognized for 5 minutes. and there were 700 cooperative linemen ing at state colleges. She enrolled at the Mrs. CLAYTON. Mr. Speaker, I rise of the entire State who engaged in se- University of Michigan and received a mas- to speak about cooperatives, but I can- curing the additional support for the ter’s degree in public health. not resist talking about my friend, the rural utility service. After college, Meek returned to Florida gentleman from Florida (Mrs. MEEK). So I want to just commend coopera- and pursued a career in education, working for 30 years as an instructor at Florida A&M I did not know the gentlewoman be- tives and to say how valuable they and Bethune-Cookman College, and as an ad- fore I came to Congress. I did not have have been for the quality of life and the ministrator at Miami-Dade Community Col- that privilege. But we have become protection of consumers and the value lege. soul mates here, and I certainly want they have meant both in the agricul- Her interest in public service was kindled to express my admiration for her con- tural community and also in the elec- in the late 1960s, when she became the local stituents, who understand her value trical service area. director of the federally funded Model Cities and the true quality of the person rep- Cooperatives structured properly can be of program. She designed recreation programs resenting them. I want to commend the for low-income public housing tenants. great benefit to farmers. They help focus buy- ‘‘I learned people needed homes, schools, newspaper, who also understands qual- ing strength for quantity discounts on input day-care centers,’’ Meek says. ‘‘I learned of ity of service. So I just wanted to add and combine a larger volume to get a higher all these unmet needs in the community.’’ those additional remarks. price on output. October 5, 1999 CONGRESSIONAL RECORD — HOUSE H9383 From an economic standpoint cooperatives tleman from Iowa (Mr. BOSWELL) is rec- operation. They supply services and can improve the bottom line and cut out the ognized for 5 minutes. supplies that are essential to the day- middleman, they create efficiencies that allow Mr. BOSWELL. Mr. Speaker, I am to-day running of the operation. cooperative members to be stock holders and pleased to be here tonight along with On the personal side, they allow receive rebates. the gentlewoman from North Carolina farmers the opportunity to join to- Cooperatives were born out of the low (Mrs. CLAYTON) and the gentleman gether to provide inputs in the market, prices of the 1930's as the farmers' response from North Dakota (Mr. POMEROY) to share information, and provide co-op to dealing with these low prices . . . now as honor and appreciate cooperatives regional support. My local farmer co- we move towards consolidation and vertical in- across America. It is important to operative in Lamoni, Iowa, is part of tegration farmers cooperatives in general will honor and recognize these valuable in- the reason I am here today in the serve a more vital role than they have in the stitutions, America’s co-ops, not only United States Congress. Back in the past. during national co-op month but every 1980s, during the last farm crisis, my Cooperatives will continue to hold down day because of the importance they neighbors and fellow farmers asked me prices by creating diversity within the market play in every community’s life. to serve as the president of their co-op. place. Years ago, farmers across our State, We worked as a community to keep our Electric cooperatives have been these since many years ago, had no place to pur- people on the farm and to keep our ``the beginning'' because they began electric chase their inputs or no place to store towns and our schools and our churches power service in North Carolina. In the 1940s their grain or to market. They were and our local businesses viable. it simply wasn't profitable for established really at the mercy of a handful of peo- Co-op members have always helped power companies to serve the sparsely-settled ple, and sometimes they could not even each other make it through the tough areas of eastern North Carolina. get their grain anywhere. Well, co-ops The electric cooperatives have grown with times by sharing resources and experi- came into existence. They were orga- my district. Without stable, reliable electric in- ences and helping each other work frastructure, economic development could not nized across our State and across the through the problems and struggles as- have taken place. land, and they are very important to sociated with crises. I can recall serv- Are they still needed today? Of course, they our Nation and they are very impor- ing on the local co-op board during the are. CooperativesÐowned by their cus- tant to our State of Iowa. farm crisis of the 1980s. It was a tough tomersÐhave been there when no one else There are 47,000 cooperatives of all time, but I was sure glad to have the wanted the outlying areas and they are still types in the U.S., and they serve 120 associates that I had. Now, American there, standing shoulder to shoulder with to- million in all 50 States. One of every agriculture is again faced with a grow- day's businesses ensuring that customersÐ four people in the United States is a ing crisis, and again cooperatives will large and smallÐcan benefit in an ever- member of a co-op. In Iowa, co-ops be there to lend a helping hand and, in changing market environment. originate about 75 percent of the grain many cases, the glue that holds com- Electric cooperatives are not just coopera- sold by Iowa farmers. Iowa’s rural elec- munities together. tric co-ops, which the gentlewoman tives in name only, they truly stand for ``co- b 1945 operation''. from North Carolina (Mrs. CLAYTON) Hurricane Floyd provides an all too timely mentioned how important they are, By joining together and marketing and graphic example as to the value of elec- they certainly are to me, I have three their products together, farmers are tric cooperatives. meters on a co-op line at my farm, better able to gain strength they need While more than 260,000 electric members serve more than 176,000 farms, homes, to compete with the large multi- were without power, the 700 cooperative line- and businesses in all of our 99 counties. national corporate farming operations men of the entire state came together to ``turn There are over 220 credit unions in that now control much of agriculture. on the lights'' in eastern NC. Additionally, 600 Iowa that have more than 740,000 mem- There are going to be many dramatic electric co-op linemen from 10 states came in bers. Iowa has 124 cooperative farm or- success stories coming out of the cur- to assist. As the cooperatives borrow the ganizations that total 322 sites rent agriculture crisis, and once again Rural Utilities Service, standard engineering throughout the State. The bottom line it is going to be the farmer coopera- and construction facilitate out of state electric is nearly everyone’s life in Iowa is tives playing a very significant role. cooperative crews coming in to provide much touched by a co-op in one way or an- Cooperation by whatever means and needed hands-on assistance that is vital to re- other. whatever name you call it, networks or storing power. Cooperative associations can take on co-ops, is what built our system of fam- Electric cooperatives continue to serve vital different forms within the commu- ily farms in the Midwest, and they may functions in the coming new millennium as nities they serve. Certainly they serve well be the best strategy for preserving they did when they were first formed. Rather as business organizations, but they can it to the greatest degree possible as we than constructing and bringing power into ker- also be the lifeblood of the community, meet future farm challenges. osene-lit homes, they now will continue to as- providing the backbone and the Once again I am pleased to join with sist consumers through an ever-changing strength to the residents of the area. the gentlewoman from North Carolina landscape of a restructured electric industry. Local control and local ownership (Mrs. CLAYTON) and the gentleman Through the use of the cooperative model and make co-ops a special kind of business from North Dakota (Mr. POMEROY) to principles, consumers need to be able to pull because of the commitment not only to honor and appreciate the importance of together as a electric-buying cooperative in the people they serve but also to the America’s co-ops. order to create buying leverage in an open communities in which they exist. Ms. KAPTUR. Mr. Speaker, I offer the fol- marketplace. Consumers can make them- Co-ops can take on many different lowing: ``I must study politics and war that my selves a powerful force in the marketplace functions in a community. In rural sons and daughters may have liberty to study . . . just as cooperatives have been doing for Iowa, where I am from, the farmer co- mathematics and philosophy. My sons and years. Electric cooperatives are working on models operative can be the center of many of daughters ought to study mathematics and such as this in areas of the country that have the community’s actions. I have said philosophy, geography, natural history, naval begun to open their electric markets. for a long time in farm communities architecture, navigation, commerce, and agri- Cooperatives can also serve consumers by today they need at least a minimum of culture, in order to give their children a right to bundling packages of utility servicesÐsuch as two important things to do business: study painting, poetry, music, architecture, internet, other home heating sources, water they have to have a bank and they statuary, tapestry, and porcelain.''ÐLetter to and sewerÐto provide ``one stop'' shopping have to have an elevator. And I would Abigail Adams from John Adams [May 12, convenience. This is especially true for rural say very often a co-op elevator. Both 1780]. areas that traditionally are left behind when it are very important. They are a must to Mr. Speaker, Jamie Whitten, the former comes to competitive services. do business down on the farm. chairman of the House Appropriations Com- f On the business side, the farmer co- mittee and chairman of the Agriculture Sub- operative can help create a business su- committee for forty years, said the only real CO-OPS IMPORTANT TO IOWA perstructure for individual farmers or wealth we have is the land. Much like Presi- The SPEAKER pro tempore. Under a other cooperatives which allow for a dent Adams, he believed that what farmers do previous order of the House, the gen- more coordinated and efficient farm provides us with the greatest security in the H9384 CONGRESSIONAL RECORD — HOUSE October 5, 1999 worldÐthe freedom from hunger so that we Today, co-ops are a common feature Cooperatives are based on the values are afforded the freedom to undertake other throughout both rural and urban America and of self-help, self-responsibility, democ- endeavors. throughout all sectors of the economy, while racy, equality, equity, and solidarity. Farmer Cooperatives have been a real they remain a vital part of the food and agri- In the tradition of their founders, coop- source of strength in the 20th century. They culture industry. In recent years, cooperative erative members believe the ethical provide an opportunity for many small pro- members have been spreading that message values of honesty, openness, and social ducers to band together to create strength abroad to the developing world and to newly- responsibility in caring for others. among themselves for themselves. Farmers emerging democracies in Eastern Europe. In the 1920s, the country witnessed have been able to purchase supplies and sell And, with the help of Congress and the federal the growth of the dairy cooperatives; product through cooperatives. They have government, new co-op development is under- in the 1930s country grain elevators banded together based on commodities or re- way here at home through Co-op Develop- were created; in the 1940s oil and gas gion for the betterment of all. ment Centers and the Co-op Development cooperatives; and in the 1950s, elec- They also have been a vital source of devel- Grants Program at the U.S. Department of Ag- trical and telephone cooperatives were opment in rural areas with telephone and elec- riculture whereby small federal investments created. Each of these co-ops provided tric power services. are helping to leverage substantial amounts of the basic essential, providing quality They provide collaborative financing for pro- non-federal support to help start and strength- products for consumers and producers ducers and rural businesses (Farm Credit en businesses, create jobs and build commu- at the most cost-efficient beneficial Services). nities. means. Over the past 20 years coopera- There are more than 3,500 cooperatives in In 1908, Teddy Roosevelt's Country Life tives have entered a new and exciting the US, with total sales of over $100 billion. Commission recommended cooperatives as a phase. We have begun to observe a new They employ nearly 300,000 people, with a means to improve economies of scale, wave of cooperation such as the North payroll of $6.8 billion. strengthen agricultural production and supply Dakota examples I will speak about to- Cooperatives have been storehouses of and promote infrastructure development. 90 night. Specifically in responding to consoli- ideas and innovation. As we see consolidation years later, the National Commission on Small dation and concentration in agri- in the agriculture industry today, co-ops offer Farms called for increased federal investments culture occurring at an alarming rate, farmers the opportunity to vertically integrate to support rural cooperative development at cooperatives have helped provide an and take advantage of profit sharing as a way the grassroots. While America has changed to keep rural areas and rural families produc- avenue for farmers joining together. In almost out of all recognition in the intervening North Dakota cooperatives have be- tive, while offering new opportunities for pros- years, the cooperative principals upon which perity. come, it seems, our State’s newest best much of America's wealth and values is built strategy in bringing to farmers a Farmers have been unfairly portrayed as remain as important as ever. unsophisticated individuals who could easily value-added component of marketing Mr. Speaker, I am happy to help celebrate their products. North Dakota is a lead- be fooled by ``city slickers''. The next time you Co-op Month and to recognize the vital role want to talk with someone who is knowledge- er in cooperative development. that co-ops have played in the development of All the necessary ingredients are able in cutting edge science, the intricacies of our nation. there, the long history of progressive international trade, who is prepared to com- f prairie populism, its rural population pete on a global scale, and must depend upon used to pulling together to meet trying every available tool to stay ahead, you might THE IMPORTANCE OF COOPERATIVES times. Now our heavy dependence on want to think about Intel and Microsoft. But agriculture has made the ability to The SPEAKER pro tempore (Mr. you would be wrong. The person you need to produce the value-added component to WELDON of Florida). Under a previous talk to is the American farmer and his co-op the product very, very important. manager. There are no more savvy people order of the House, the gentleman from Since 1990, nearly $800 million in like them in the world. North Dakota (Mr. POMEROY) is recog- value-added facilities have been cre- Mr. OBEY. Mr. Speaker, October is Coop nized for 5 minutes. ating 600 new jobs in North Dakota. Month and I am delighted to join with my col- Mr. POMEROY. Mr. Speaker, October Some of the examples, the American leagues in recognizing the importance of co- is National Co-op Month, and through- Sugar Crystal Cooperative, one of the operatives to our country. out the month of October cooperatives, most recognizable cooperatives in The cooperative idea is as old as civilization whether agricultural, consumer, elec- North Dakota founded in 1972, and now itself. It began with people recognizing that by trical or child care, from all over the with literally hundreds of growers, it banding together for their mutual benefit they Nation will celebrate the importance of has been a very, very successful mar- could achieve much more than they could as cooperatives. Across the United States riage between the grower and the pro- individuals. more than 100 million Americans bene- ducer through this shared cooperative When we think of co-ops in America we fited by 48,000 cooperatives that will experience. generally think of agricultural organizations generate $100 billion annually to our The Dakota Pasta Growers, one of who, beginning in the Midwest in the 1860s Nation’s economy. the most fascinating cooperatives in and 1870s, understood this principal and Tonight, I would like to highlight the North Dakota. The Dakota Pasta began to organize around it. Because of the importance of cooperatives to my Growers, founded in the late 1980s by foresight and determination of a number of home State, North Dakota. Through- durum farmers who believed they could pioneers in the Grange, founded in 1867, rural out their history cooperatives have pull together and get themselves a bet- Americans began to enjoy the benefits of co- been a symbol of rural America just ter market for their product by actu- operative stores to serve their members with like the wind mill, the old country ally producing the seminola flour and farm supplies and machinery, groceries and barn, and the four bottom plow. Co- the pasta products itself; and Dakota household essentials. Soon, farm commodities operatives represent the very fiber of pasta has succeeded in the face of from cotton to milk to wheat were being mar- American ingenuity and community many skeptics in Carrington, North keted through co-ops. that have made this country great. Dakota, by hard work, ingenuity and In the following decades the fortunes of co- From the first successful cooperative producing a very top quality product. ops fluctuated, but by the early decades of the organized in the United States by Ben- Today they will increase storage capac- twentieth century co-ops had become the pre- jamin Franklin to the 1990’s coopera- ity from 120,000 to 370,000 bushels dou- vailing feature of the farm economy helping tives, like housing and baby-sitting co- bling milling capacity, all in all an farmers not only with supplies and marketing, operatives, cooperatives were created outstanding success. but with financing, housing and electrification. with the belief that individuals joining The North American Bison Coopera- Today, Rural Electric Co-ops alone operate together in cooperative efforts can best tive, an excellent example of how farm- more than half the electrical lines in America market the product they produce. Co- ers can band together to try new prod- and provide electric power to more than 25 operatives are associations of people ucts. The prairie bison, now jointly million people in 46 states. In the field of tele- uniting voluntarily to meet their com- slaughtered in this cooperative slaugh- communications, cooperatives have become mon economic, social, and cultural tering plant. Five years ago, the co-op vital in ensuring that rural residents are not by- needs through a jointly owned, demo- got off to a terrific start, and every passed by the information revolution. cratically controlled organization. year its product marketing continues October 5, 1999 CONGRESSIONAL RECORD — HOUSE H9385 to grow. This past year they slaugh- erative efforts can best market the product II. THE ``NORTH DAKOTA EXPERIMENT''Ð tered 8,000 bison in this 5-year-old co- they produce. COOPERATIVES AT THEIR BEST operative, to give you an idea of how Cooperatives are autonomous associations A. WHY COOPERATIVES ARE WORKING IN NORTH things have grown. of people uniting voluntarily to meet their com- DAKOTA? Now clearly as we look at the co- mon economic, social, and cultural needs and In North Dakota, cooperatives have be- operatives in total, the government at aspirations through a jointly owned democrat- come, it seems, our State's newest obsession. all levels has a role in cooperative de- ically controlled enterprise. Cooperatives are North Dakota is one of the leaders in the na- velopment and maintenance. It is im- based on the values of self-help, self-responsi- tion on cooperative development. portant they work. They bring eco- bility, democracy, equality, equity, and soli- All the necessary ingredients for coopera- nomic opportunity to people, and they darity. In the tradition of their founders, coop- tives is in North Dakota. North Dakota has a have as a result different tax statuses, erative members believe the ethical values of long history or progressive, prairie populism, different contracts and, most impor- honesty, openness, social responsibility and its rural population does not want to fall victim tantly, nonprofit philosophies. caring for others. to corporate greed, and its farmers are tired of As a Federal law maker when it The contemporary cooperative as we know receiving low prices for the bountiful products comes to cooperatives, I believe it is it was created in the 1920's as a reaction to they produce. my role to maintain and preserve the the rapidly growing, unchecked corporate, North Dakota's heavy dependence on agri- opportunity for development of co- business climate on Wall Street. Also, in 1922, culture (nearly 40 percent of the entire state's operatives so especially essential to Congress passed the Capper-Volstead Act economy) has made the ability to produce our rural communities. which allowed farmers to act together to mar- value-added a foremost concern for pro- The 1996 farm bill increased the risk ducers. With producers experiencing ex- of production agriculture on the family ket their products without being in violation of antitrust laws. tremely low commodity prices in recent years, farmer. It is more important than ever many have decided to form cooperatives be- therefore to have the farmer be able to In the 1920's, the country witnessed the growth of the dairy cooperatives, in the cause of their communal marketing advan- pull together and create new economic tages to sell the product. opportunities in the value-added piece, 1930's, country grain elevators were created, in the 1940's oil and gas cooperatives, and in Since 1990, nearly $800 million in value- in the wonderful examples of the North added facilities creating more than 600 new Dakota cooperatives that we have dem- the 1950's electrical and telephone coopera- tives were created. Each of these coopera- jobs in North Dakota. Clearly, the cooperative onstrated. spirit has had an impact in North Dakota. The development of rural business tives provided the same basic essential pro- today is just as vital today as it was 50 viding quality products for consumers and pro- B. COOPERATIVE EXAMPLES IN NORTH DAKOTA or 75 years ago. As I mentioned before, ducers at the most cost-effective, beneficial American Crystal Sugar.ÐOne of the most the smaller business owner, the farmer means. recognizable cooperatives in North Dakota is and the rancher is going to continue to Over the past 20 years, cooperatives have American Crystal Sugar in the Red River Val- be squeezed in the marketplace in light entered a new and exciting phase. We have ley. The American Crystal Sugar cooperative of the concentration that we are see- begun to observe new wave cooperatives was formed in the spring of 1972, when sugar ing; and their best shot at being able to such as the North Dakota examples that I will beet growers from throughout the Red River preserve their ongoing place in produc- speak about tonight. Valley decided to purchase the processing fa- tion agriculture and in the value-added The growth of cooperatives can be com- cility of American Crystal Sugar Company. component is by teaming together pared to the game of football. From their mod- With over 70 percent of the vote (1,065 to through the cooperative philosophy, ern-day inception in the 1920's through the 443), the Red River Valley Sugar Beet Grow- banding together to achieve collec- 1950's, cooperatives were created in an act of ers decided to purchase American Crystal and tively what it would be impossible for defense. Defense to protect the smaller pro- begin what has been a very prosperous 27 them to achieve individually. That is ducers and vulnerable rural communities from year marriage between the grower and the the miracle of cooperatives. the unregulated, massive corporate compa- processor. We certainly are proud to recognize nies. Dakota Pasta GrowersÐCarrington, ND.Ð them tonight and wish farmers and Cooperatives have evolved throughout his- One of the most fascinating cooperatives others all across the country thinking tory seeming to continue to be one step ahead North Dakota has seen in recent years is the about how they might achieve a dif- of contemporary society by meeting the ever Dakota Pasta Growers in Carrington, ND. The ferent dimension of success, to urge changing needs of consumers. Dakota Pasta Growers began due to the ideas them to look at the cooperative way. It of local durum wheat farmers in the late works as North Dakota examples have B. THE IMPACTS OF MARKET CONCENTRATION ON 1980's. The durum farmers were tired of the COOPERATIVES shown. low prices they were receiving for the high I. OVERVIEW AND BACKGROUND As you all know, concentration is occurring quality, unique product (75 percent of the na- Mr. Speaker, October is ``National Co-op at a very rapid rate in nearly all aspects of our tion's durum is grown in North Dakota) and Month.'' Throughout the month of October, co- economy. In the past five years, mergers have were not receiving nearly the benefits of their operativesÐwhether agricultural, consumer, occurred in the oil, technological, chemical product they felt they deserved. electrical, or child careÐfrom all over the na- and seed, automobile, and agriculture sectors. In 1993, the Dakota Pasta Growers were tion will celebrate the importance of coopera- Specifically in agriculture, 4 meat packers born. It is the world's first and only grower- tives. Across the United States, more than 100 control 80 percent of the beef and lamb proc- owned, fully-integrated pasta manufacturing million Americans benefit by 48,000 coopera- essing industry compared to 36 percent in company with 1,080 drurum producers who tives that generate $100 billion annually to our 1980, 5 meat packers control 65 percent of serve as the owners. In only four years, the nation's economy. the hog industry, four firms control 59 percent Dakota Pasta Growers doubled its rollstands Tonight, colleagues from across the United of port facilities, 62 percent of flour milling, 74 to 28, increased storage capacity from States and from all sides of the political spec- percent of wet corn milling, and 76 percent of 120,000 to 370,000 bushels, doubled milling trum will join me in highlighting the importance soybean crushing. Moreover, in 1980, the capacity to 20,000 bushels, and increased the of cooperatives to our constituents. farmer got 37 cents of every dollar consumers size of the plant from 110,000 to 160,000 A. HISTORICAL ROOTS spent on food compared to 23 cents in 1997. square feet. Currently, Dakota Pasta Growers Throughout their history, cooperatives have Obviously, with market concentration occur- producers 470 million pounds of pasta annu- been a symbol of rural AmericaÐjust like the ring at such a rapid rate in all aspects of our ally with more than 75 shapes and flavors for windmill, the old country barn, and the four economy, the role of cooperatives as a means retail, food service and industrial segments. bottom plow. Cooperatives represent the very to market a product become more important The Dakota Pasta Growers now has three fiber of American ingenuity and community for producers' economic livelihoods. manufacturing facilities in Carrington, Min- that have made this country great. From the Cooperatives, as we head into the 21st neapolis and New Hope, Minnesota . first successful cooperative organized in the Century, must be prepared to meet the com- Clearly, the Dakota Pasta Growers seems United States by Ben Franklin to 1990's co- plex challenges of meeting the diverse needs to have perfected its very own method of spin- operatives like housing and baby sitting co- of the American consumers while at the same ning wheat into gold. operatives, cooperatives were created with the time continuing their role of a producer-driven North American Bison CooperativeÐNew belief that individuals joining together in coop- cooperative. Rockford, ND.ÐThe North American Bison H9386 CONGRESSIONAL RECORD — HOUSE October 5, 1999 Cooperative is an excellent example of a co- the Rural Business Cooperative office of the unions in the Southeast; Melbah Smith who is operative that is facing a serious at-risk finan- USDA Rural Development Agency. The Rural building partnerships with state agencies, uni- cial situation. The North American Bison Co- Business Cooperative's mission is very simple: versities, and private businesses to help small operative is an example of how the community to enhance the quality of life for all Americans Mississippi sweet potato growers build a multi- cooperative spirit is alive and well, but the by providing leadership in building competitive million dollar cooperative enterprise; Annette complex, intricacies of successfully marketing businesses and cooperatives that can prosper Pagan who is working with poultry producers the cooperative's product have not been met. in the global marketplace. and small wood manufacturers in Arkansas; Five years ago the bixon cooperative got off The Rural Business Cooperative has many and Mahlon Lang and Karen Spatz who con- to a terrific start. Every year, it has grown methods of providing credit for cooperatives to tinue to with members of the Hmong in build- every year by selling a substantial amount of get started. The Business and Industry (B&I) ing a cooperative that strengthens their com- bison in Europe. But, that growth has brought Guarantee Loan Program helps create jobs munity. new challenges. To meet the growing demand and stimulates rural economies by providing fi- V. CONCLUSION for the steaks and roasts, more bison had to nancial backing for rural businesses. This pro- A. COOPERATIVES AS WE HEAD INTO A NEW MILLENNIUM be slaughtered. It was real easy to market all gram guarantees up to 80 percent of a loan There are many challenges facing coopera- of the meat when you only slaughtered a thou- made by a commercial lender. Loan proceeds tives as we head into the 21st Century. Co- sand head a year, but it's very different issue may be used for working capital, machinery operatives will be faced with the struggling when you've increased your production to and equipment, buildings and real estate, and challenges of increased competition through more than 8,000 animals. certain types of debt refinancing. market concentration, internal forces urging While this cooperative has had excellent The B&I Direct Loan Program provides the cooperative to get bigger, and continuing markets for every bison steak and roast, it has loans to public entities and private parties who to meet the producer-owners' interests. And, extreme difficulty in marketing the other half of cannot obtain credit from other sources. This at the same time, meeting the very diverse the animal that is ground up into burgers. type of assistance is available in rural areas. needs of American consumers. Those trim products built up in the freezer The 1996 Farm Bill, in my opinion, needs to Mr. Speaker, October is ``National Co-op while new products and markets were devel- be reexamined because of its lack of a safety Month'' and it is an excellent opportunity for oped. Yes, the cooperative has developed net, but I am a strong support of the efforts for the American consumer to recognize the im- several productsÐsausages, jerky, and ravi- value-added cooperatives. portance of cooperatives in ``the American way oliÐand those products are in a whole lot of C. COOPERATIVES AND THE 106TH CONGRESS of life.'' stores throughout the Dakotas, Minnesota, It is important to me that Congress maintain f and Montana. But that has not been enough. its commitment to cooperative development by The cooperative has developed a strategic OUR SCHOOLS ARE TOO BIG AND continuing funding for the Rural Cooperative TOO IMPERSONAL marketing relationship with a private firm in Development Grant Program within the Denver, Colorado. This firm also developed USDA's Rural Development. The SPEAKER pro tempore. Under a new value-added bison products. The dollars committed to this program have previous order of the House, the gen- But every new product takes time to de- generated hundreds if not thousands of jobs tleman from Indiana (Mr. HILL) is rec- velop. Therefore, USDA has had to get in- and brought many producers back from the ognized for 5 minutes. Mr. HILL of Indiana. Mr. Speaker, volved the past two years to assist in the pur- brink of economic disaster. last April, shortly after the terrible chase of bison trim to move the Bison Co- It is very clear to me just how important this tragedy that occurred at Columbine operative's product. Clearly, USDA has recog- under funded and little recognized program High School in Colorado, I spoke with nized that this cooperative needs a financial has been to many of the organizations who my freshman colleague from the State shove and is willing to ante up to allow the have come together as part of the National of Washington (Mr. BAIRD). My col- Bison Cooperative to survive in its infant Network of Centers for Rural Cooperative De- league from Washington is a trained phase. velopment. C. NORTH DAKOTAÐMORE THAN JUST AG psychologist, so I asked him for his IV. COOPERATIVE DEVELOPMENT COOPERATIVES thoughts about the Columbine tragedy. A. ABOUT COOPERATIVE DEVELOPMENT Even though, North Dakota is a predomi- Since Mr. BAIRD is a trained psycholo- nantly rural state, it has more than just agri- The development of rural businesses today gist, I was expecting a long academic culture cooperatives. North Dakota because of is just as vital as it was 50 or 75 years ago. explanation using lots of psychological its rural communities has electric, credit As mentioned before, the smaller business terms regular people do not under- unions, housing, and telephone cooperatives owner, farmer, and rancher will continue to be stand. Instead, he had a simple solu- to name a few. squeezed out of the marketplace by giant cor- tion, an explanation. He looked at me III. COOPERATIVES AND THE GOVERNMENT'S porate conglomerates that are vertically inte- and said, ‘‘Baron, our schools are too ROLE grated, beholden to Wall Street and its stock- big, and these kids do not know one an- A. BACKGROUND ON GOVERNMENT'S ROLE holders. other.’’ Clearly, the government at all levels has a Cooperatives represent the best hope that The Columbine tragedy and other re- role in cooperative development and mainte- most rural communities, rural residents, rural cent events of violence in our schools nance. Cooperatives serve different functions business owners, and farmers have for ever have made all of us take a serious look than corporations or small businesses. They hoping to control their destiny. at our children, our schools, and our- have different tax statuses, different contracts, Cooperatives require commitment and hard selves. These recent tragedies have and most importantly, have non-profit philoso- work, and I know that they are not always forced us to think about how we edu- phies. going to succeed. cate our children and how we can make As a federal lawmaker, I believe my role in Of the eight Centers represented in the na- our schools safer and better. cooperative development and maintenance is tional network, I was proud to learn that at This is a personal issue for me, for essentialÐespecially in regard to agriculture least half are involved in establishing value- my wife, Betty, is a middle school cooperatives. added agricultural cooperatives. teacher; and my youngest daughter is As you may know, the 1996 Farm Bill I'm particularly proud of my fellow North Da- in the eighth grade at a public school changed the course of agriculture policy in the kotanÐBill Patrie. Bill has established a phe- in my hometown of Seymour, Indiana. U.S. for the first time in sixty years (since the nomenal number of value-added cooperatives I do not believe that there is one easy New Deal). No longer does the government in our state, and most have been very suc- solution to all of the problems our provide a safety net for producers who have cessful. But, Bill also knows the pain of wit- schools and our children face today, suffered from low prices and severe weather. nessing a great idea not succeed. nor do I believe that we politicians in Instead, the new farm bill leaves it up to the B. MORE PEOPLE WHO ARE COOPERATIVE LEADERS Congress could pass some law that producer, through his own instincts, to market Andy Ferguson in the Northeast who is would solve every school’s and every the product he produces. In my opinion, the breaking new ground to establish energy co- child’s problem. I strongly believe that farm bill has made the occupation of farming operatives; Rosemary Mahoney and E.G. the people who work with children similar to rolling dice. Nadeau who are building value-added markets every day, the parents, the teachers B. COOPERATIVE COMPONENTS OF THE 1996 FARM BILL for organic products in the Upper Midwest; and local school administrators, are in The 1996 Farm Bill did include provisions to Gus Townes who is developing new value- the best position to make decisions promote value-added agriculture. It created added vegetable cooperatives and credit about their schools. October 5, 1999 CONGRESSIONAL RECORD — HOUSE H9387 But this week I am introducing a bill When I start looking at the issue of er’s announced policy of January 6, that I hope will make some small con- big schools, I was surprised to find that 1999, the gentleman from Missouri (Mr. tribution to addressing a problem that some of the biggest critics of big TALENT) is recognized for 60 minutes as I and other people have been talking schools are high school principals. The the designee of the majority leader. about for many years. It is a problem men and women who run our high Mr. TALENT. Mr. Speaker, I want to that the recent episodes of school vio- schools, who work with our teenagers talk about health care tonight, and I lence in Colorado and Georgia and every day, say that schools are too big am going to get into some legislative other places around the country have and too impersonal. In 1966 the na- language. I think it is important that once again brought to the forefront of tional association of secondary school we do that, because we are going to be our national debate. It is the problem principals released a report criticizing voting tomorrow and the next day on that my colleague Dr. BAIRD was talk- the bigness of today’s high schools. The pieces of legislation that will have as ing about. principals recommended that the high big an impact on the quality of life of Our schools are too big and too im- school of the 21st century be much the American people as anything that personal. Too many of our children more student centered and personal- will be voted on this session. And I wake up every day and go to schools ized. think sometimes it is important that that make them feel disconnected and Here is what the high school prin- before we vote on bills, we actually detached from their teachers, their cipals said: students take more interest read them and take a look at what parents and their communities. The in school when they experience a sense they say. I hope that comes clear in goal of my bill that I am introducing, of belonging. Some students cope in the course of my discussion this the Smaller Schools Stronger Commu- large impersonal high schools because evening. nities Act, is to make our schools they have the advantage of external Before I get into what may sound to smaller and to help parents, teachers motivation that allows them to tran- some people, however, like a bit of a and administrators and students scend the disadvantage of school size. law school discourse or exercise, I want strengthen the sense of community Many others, however, would benefit to talk about the real impact these that many of our schools today are from a more intimate setting in which bills are going to have on real people. lacking. their presence could be more readily There is nothing more important to My strong feelings about this issue and repeatedly acknowledged. Experts the average American and his or her come from my own experience growing have found that achievement levels in family than the quality of the health up in southern Indiana. When I was smaller schools are higher especially insurance that they have access to. growing up in Jackson County, there among children from disadvantaged We need health care reform in this were more high schools than there are backgrounds who need extra help to country, and we have to keep in mind today in towns like Tampico and Clear succeed. that it has two aspects. First and fore- Spring and Cortland. There were high A recent study of academic achieve- most, we have to help people who do schools that local kids attended and ment and school size concluded that not have access to good quality private local families supported. These com- high schools and smaller schools per- health insurance get access to that munities were proud of their schools. form better in course subjects of read- health insurance. Their schools brought people together ing, math, history, and science. Stu- Then the second thing we have to do and helped keep their towns strong and dents in smaller schools also have bet- is ensure once they have access to that vital places to live. ter attendance records, are less likely insurance, it delivers for them. When These schools were the hearts of the to get in fights or join gangs. A prin- they get sick, they get the care their communities, and when we consoli- cipal of a successful small high school physician says that they need, when dated, when school consolidation recently wrote that small schools offer they need it, before they become seri- forced their high schools to close, it what metal detectors and guards can- ously ill or before they die. But it is tore the heart out of these commu- not, the safety and security of being very important that we make certain nities. These high schools along with where you are well known by the peo- that in providing for health care re- thousands of other smaller schools ple who care for you the most. form and providing for accountability around America were closed because The bill that I am introducing, the of managed care plans, we do not in- for many years educators have followed Smaller School Strong Stronger Com- crease the number of people who do not the rule that bigger schools are better. munities Act provides grants to school have health insurance in the first For a long time we all assumed that districts that want to develop school place. bigger schools were better because they size reduction strategy. This bill does Health care reform of insurance is of could offer students more courses, not introduce a new mandate or try to no value to you if you do not have the more extracurricular activities, and micromanage local education author- insurance, and too many people in could save school districts money. ity. It simply supports education lead- America today do not have health care The statistics on school size show ers in school districts who decide they insurance. Forty-four million people in how dramatically this bigger-is-better want to implement a plan to reduce the the United States do not have health approach has changed the way we edu- size of their school units either insurance. One out of every six Ameri- cate our children. In 1930 there were through new building space or through cans is without health insurance. They 262,000 elementary, middle and high schools within schools. face the risk of illness, they and their schools in America. Today there are I hope this bill will encourage local families, without having health insur- only 88,000 schools. In 1930 the average school districts to take a look at this ance. school had 100 students. Today’s aver- idea and perhaps think about ways There is nothing more tragic than age school has 500 students. they can make their schools smaller talking to individuals in this situation. Some education experts are now ar- and to find ways to help students feel Maybe they have been downsized by a guing that school consolidation has connected again to their schools and company, they are working for a small gone too far. More and more educators their communities and their parents. employer who does not provide health today believe that our children do bet- This bill and the academic research I insurance, they cannot afford it. Maybe ter academically and socially in small- have been discussing here today make they are 55, 60 years old, retired, but er schools that are closer to their a very simple point about our schools, they are not old enough for Medicare. homes and their parents than in the our kids, and ourselves. Our lives are Maybe they have a history of illness big schools with thousands of students. better when we feel connected to the and they do not work for a large em- Because many schools have become too people we live and work with. ployer and they cannot buy health in- big, they sometimes harm the students f surance on the individual market. they are supposed to be helping. Many b 2000 These are our friends and neighbors, students in big schools never develop and we need to help them. Eleven mil- any meaningful relationships with HEALTH CARE REFORM lion of them are children, and 75 per- their teachers and never experienced a The SPEAKER pro tempore (Mr. cent of the people who are uninsured sense of belonging in their schools. WELDON of Florida). Under the Speak- work for small businesses or own small H9388 CONGRESSIONAL RECORD — HOUSE October 5, 1999 businesses, or are the dependents of controlled by the health care plan, and health care plan, for any personal in- people who work for or own small busi- those cardiologists decide whether or jury, and they define that to mean a nesses. not that treatment is medically nec- physical injury or a mental injury, so That is the first thing that we need essary under those circumstances. it cannot be an economic injury, but to do with health care reform. We are Professionals in any field should be allows a cause of action against any going to have an opportunity to do reviewed by other professionals and person for any physical injury that is that tomorrow. We are going to have specialists in that field. We can do connected to or arises from, in connec- an opportunity to pass an accessibility that. We are going to have the oppor- tion with or that arises out of, the pro- bill that will open up health insurance tunity to vote for legislation that does vision of insurance, the administrative to millions of people who currently do that. services, or medical services, or the ar- not have it, and we are going to do that It may be appropriate to back that rangement thereof. with a number of things in the bill. up with liability, limited kinds of li- This is not just a cause of action for Some of them provide tax relief to peo- ability against the health care plan, to the denial of a benefit. It is not just a ple so they can better afford health in- reinforce that external review proce- cause of action when a health care plan surance on the individual market. dure. So it the plan does not go along goes against the treating physician or One important provision that I co- with the decision of the independent the external reviewer. It is much more sponsored allows small employers to physicians, they can be sued and they broadly written than that. It could not pool together in associations, the can be hammered with punitive dam- be more broadly written. It is a cause Chamber of Commerce, the Farm Bu- ages under those circumstances. of action for any injury arising out of reau, the Psychologist Association. What we want to avoid, Mr. Speaker, or in connection with in any way the They can pool together in an associa- is open-ended liability against employ- operation or arrangement of a health tion. The association can sponsor ers in particular and against labor care plan. health care plans. Then the small em- unions, in addition to against health Now, Mr. Speaker, I am a lawyer. ployers can buy those plans for their care plans, that will jack up the cost of When I read this language, I put my employees and they can have health health insurance by billions of dollars, lawyer’s hat on and I thought, now, care, the same way big employers offer moving that money out of health care what kind of lawsuits are we going to health insurance to their employees and into litigation; moving people out see in response to that kind of lan- today. We are going to have an oppor- of treatment rooms and into court- guage? tunity to vote on that bill tomorrow. rooms. Well, just a couple of what we law- We are also going to have an oppor- If we pass a bill that does that, Mr. yers call hypotheticals. They are tunity, Mr. Speaker, to vote on the Speaker, we are going to make the hypotheticals in the sense that they whole issue of accountability, so that, problem worse instead of better, be- have not actually happened because we again, when people get health insur- cause we are going to vastly increase have not actually passed this bill, but ance, and that is the number one thing, the number of people in the United they are the kinds of cases that will be we ensure that they get the care their States who are uninsured. brought if we do pass this bill. First the classic case. Let me go back physician prescribes when they need it, It is my concern that the bill being to my beta blocker example. When before they get seriously ill, before offered by my colleagues, Mr. NORWOOD physicians treat clogged arteries, they they die, and we do that without big and Mr. DINGELL, would do exactly have to choose whether to use beta government, without increasing costs that. I say this with the sincerest of re- blockers, which is a drug or a cardiac spect for their passion and their dedi- in a way that increases the number of cath, a minor surgery or some more ag- cation on this issue, but I am con- uninsured. We will have an opportunity gressive kinds of surgery or treatment. to do that also in the next couple of cerned that their bill, the Norwood- So, let us suppose that somebody days. Dingell bill, opens up precisely the goes to their cardiologist in a managed Now, in considering how we can hold kind of liability that will jack up the care plan, and the cardiologist decides HMOs accountable, the problem is this, number of uninsured in the country by to grant a cardiac cath, to prescribe a and most Americans are familiar with moving people again out of treatment cardiac cath, and the plan reviews that it. The concern is maybe less what rooms and into courtrooms. decision by the treating physician and their insurance covers than the fact The Norwood-Dingell liability provi- denies the cardiac cath and, as a result, that when they get sick, their HMO sion is open-ended liability in hundreds some kind of injury arises. may not provide the coverage they are of State courts around the country for Well, that is a physical injury arising supposed to provide. A lot of people any result that someone claims to be out of the provision of medical serv- have been in that situation. Other peo- negative in a health care case, if that ices, so clearly a cause of action would ple are afraid of being in that situa- result can be connected in any way to be warranted. But let us suppose that tion. any aspect of the operation of any the plan grants the treating physi- The best thing to do about that is to health plan, with unlimited damages, cian’s decision and allows the cardiac give individuals and their physicians including punitive damages, for the cath and an injury results. That too is access to speedy, low cost, internal and employer, for a labor union if it is a a physical injury in connection with or external review before independent labor-management plan, and for the arising out of the operation of a health physicians when the plan has denied employees of the employer and the plan and you can sue the health care their care. So here would be an exam- labor union, and, in fact, for contrac- plan for that. ple, and I am going to use this example tors or accountants or people associ- Or let us assume the health care plan several times throughout this discus- ated with the employer or the labor says look, we do not even want to re- sion, Mr. Speaker. union if they assisted in any way in view this. We are going to let the phy- Let us suppose you belong to a man- setting up the health care plan. Again, sicians prescribe whatever they want, aged care plan or you are a participant it would move billions of dollars out of and go along with that, and a bad re- in it. You have a heart problem. Your treatment, out of health care, into liti- sult occurs. Then you could sue the cardiologist recommends beta gation. That is not good for anybody. plan for not reviewing what the physi- blockers. That is a drug that will help So much for my preface, Mr. Speak- cian does, and that would be a physical clear up the arteries if they are er. I want to get to the language in the injury arising out of or in connection blocked. The health care plan says no, Norwood-Dingell bill. It would be kind with the arrangement of a health care you do not need beta blockers. More of hard to read it this way, so let me plan and a cause of action would lie conservative treatment is appropriate. turn it around. under the Norwood-Dingell bill. We need to make certain that people The Norwood-Dingell bill allows any That cause of action, remember, is can have access to external review pro- cause of action, there it is in bold, against any person. Not just the plan, cedures under those circumstances. against any person, it does not define but the employer who purchased the They can appeal, in a low cost, quick, ‘‘person,’’ so that means the employer, plan, the restaurant owner, the small timely way, to a panel of independent it means the health care plan, it means restaurant owner who went out and de- specialists, cardiologists who are not employees of the employer or the cided he was going to try to provide October 5, 1999 CONGRESSIONAL RECORD — HOUSE H9389 health insurance to his people and ment. So, again, you sue the plan. You include the big employers, the big na- linked up with a managed care net- say you have to have more cardiolo- tional plans, whose employees by and work, or a big employer with a big HR gists than this within a certain number large are satisfied with their health department and tries to operate these of miles from me, and all the other care. plans in a conscientious way. You plan participants as well. Suppose the employer grants or sus- could sue them. You could sue the em- Again you have the same kind of law- tains the benefits and a bad result oc- ployees of the big employer who helped suit, and again you have the standards curs. Now you can sue the employer set up the plan. You could sue a con- for what is quality care being deter- saying, you were negligent in the exer- tractor or consultant that you relied mined for national plans in State cise of your discretionary authority in on. All of these people would be open to courts after the fact in jury delibera- sustaining the benefits. You should lawsuits for punitive damages in State tions in circuit courts all around this have overruled them. courts around the country. country. If you get it wrong, why, you But let us say the employer says, I do That is a pretty obvious case. Let us owe punitive damages. not want to get in this kind of liabil- take a different case, again with the By the way, you can, of course, sue ity. I am not going to do anything. I beta blocker example. Let us suppose the people who consulted with you in am not going to be involved in this that a plan has a quality assurance determining how much cardiologists process. plan. Many managed care plans do. So you had to have and the employees you In the first place, they could be liable they go out and they try to make sure hired to determine how many cardiolo- under ERISA. Under ERISA, the basic their physicians are up-to-date in all gists you had to have, and all resulting network of laws under which all this the latest kinds of medical develop- in billions of dollars being transferred operates, the plan sponsor is supposed ments. So they go out and give semi- out of the health care system, out of to be a fiduciary. They are supposed to nars on when you use beta blockers and the treatment room, into the court operate the trust for the benefit of the when you use a cardiac cath or more room. participants. If you explicitly refuse to exercise kinds of aggressive treatment, and the Moreover, Mr. Speaker, not only your discretionary authority on behalf physicians go to these seminars. would the plan and the employer in Then a patient is going to one of these circumstances be subject to puni- of the participants, you have violated these physicians, and the physician tive damages, they would not be able ERISA. But if you say, I am not going to exercise my discretionary authority, recommends beta blockers in a par- to avail themselves of any malpractice I am going to let the plan do every- ticular case and you get a bad result or limits that had been passed in State thing, Mr. Speaker, you have exercised what somebody alleges is a bad result statutes, because these actions are not your discretionary authority not to ex- or a physical injury. Now you can sue for malpractice, these are actions for ercise your discretionary authority, the plan because they were not aggres- negligence or whatever the State stat- and you could be sued for that. sive enough in recommending cardiac ute provided in the operation of the health care plan. If I was counsel for the employer, I caths. would say that is the most dangerous But let us suppose the physician rec- b 2015 thing of all, because when you get be- ommends the cardiac cath. Now you So it would not sound, as we lawyers fore a jury, and I am going to bring could sue the plan because in the way call it, it would not arise out of a mal- this home to real life and real lawsuits it operated its quality assurance plan practice action. Therefore, you would in just a minute, when you get before a they were not aggressive enough in rec- not be allowed the limits that you jury, you are going to have to explain ommending beta blockers. Or if they would have in a malpractice action. to the jury why you did not care did not have a quality insurance plan Let us go to the liability of the em- enough to try and oversee in any way you could sue them for that. Or if they ployer under these circumstances. I the operation of your health care plan did not have enough seminars in their want to say, the bill contains, in a dif- when somebody was injured as a result quality assurance plan, you could sue ferent provision, and I did not have it of that. them for that. Or if they did not re- all here, a shield for employers from That kind of lawsuit is the least in quire that the physicians attend all the lawsuits. So the bill does have a de- the liability that the employer faces. seminars, you could sue them for that. fense. It says you cannot sue employ- And remember, there are punitive dam- And what would constitute an ade- ers, except in certain circumstances. ages for this. There is no shield in this quately and properly run quality assur- These are the circumstances under bill for the employer against punitive ance plan would be determined in State which you can sue the employer or damages under any circumstances. Re- courts in jurisdictions all around this other plan sponsor, and that, of course, member, you could sue the employees country, even though many of these would include labor unions, in the of the employer or the labor union plans are national plans. event of a labor-management plan. You under these circumstances. So what a plan that was hired by a can sue the employer or the labor I think you might be able to defeat big employer would have to do with re- union for the exercise of discretionary this defense in other ways. Again, I gard to quality assurance plans would authority to make a decision on a don’t want to get too exotic here with differ from one circuit court in one claim for benefits; not deny a claim for my hypotheticals, but I think you State to another circuit court in an- benefits, but whenever the employer or could say if an employer hires a health other State. And if they got it wrong, the labor union makes a decision on a care plan and does not engage in ade- if a jury believed they got it wrong, claim for benefits. quate due diligence, does not look into they would be open to unlimited dam- So let us go back to the first hypo- enough whether that health care plan ages, including punitive damages, and thetical and put a lawyer’s hat back on was a good plan, maybe willfully ne- you could sue the employer and the again. The case was where the question glects doing that, that is the exercise employer’s employee as well, although was whether the cardiologist would of the discretionary authority to hire a I will get to that language in a minute. recommend beta blockers or whether bad plan when you should have known Let me give one more example, and I the cardiologist would recommend a it was a bad plan, and you should have could give hypotheticals with my law- cardiac cath or some more aggressive known it would result in affecting deci- yer’s hat on all night long. Let us as- treatment. sions made on claims of benefits, and sume a situation where somebody is If the employer exercises his discre- as a result, the entire shield is re- having some heart pain or chest pain. tionary authority to deny the care rec- moved. They belong to a managed care net- ommended by the cardiologist, he has Those are the kinds of hard cases work. They try and make an appoint- obviously made a decision on claim for when there is a serious injury to some- ment with the cardiologist. They do benefits on the exercise of his discre- body that makes bad law. Those will be not get in for a week or so, and, as a re- tionary authority, and if injury re- pushed in every courtroom in the coun- sult, their condition worsens. sults, the employer would be open to try. Now they say well, you do not have lawsuits. Let me go over again, and I am going enough cardiologists who are close Remember, this includes small em- to wrap this up in a minute, Mr. Speak- enough to me so I could get an appoint- ployers, not just big employers. It does er, but let me go over again what we H9390 CONGRESSIONAL RECORD — HOUSE October 5, 1999 are talking about here, and the dangers discretionary authority to make a de- We ought not to be getting people that we are talking about: again, open- cision on benefits. out of external review. That is the ended liability for employers, labor How is anybody going to know, be- right answer. We ought to be encour- unions, health care plans, their em- cause this is entirely new law? We are aging people to go into external review ployees, contractors, associations, for making it up in this bill. Many of these so that physicians are reviewing the any physical injury that arises or is terms are undefined. Then, if you lose decisions of physicians, not juries or connected in any way with the oper- at that point, and very often a judge courtrooms reviewing the decisions of ation or administration of any health will exercise his discretion not to grant physicians. care plan. a motion for summary judgment and Finally, Mr. Speaker, the liability This is going to result in billions of let the case go to a jury, now you are provisions in the Norwood-Dingell bill dollars being spent in litigation, in before a jury, and a jury is making a would apply to private sector employ- avoiding litigation, in settling litiga- judgment about whether you exercised ees, but would not apply to Federal em- tion that is not going to go to health discretionary authority. So this legal ployees. They would not apply to Con- care. It is going to result in a diminu- term here, this aspect of Federal law, gressmen. This is a liability provision tion, a lessening, Mr. Speaker, of bene- is going to be defined by juries all over which is supposedly good for people, fits for individuals who have insurance, the country. but once again, Congress would exempt and a vast increase in the number of Mr. Speaker, I talked to some people itself from the operation of this proce- people who do not. who came into my office who owned dure. The final points. Again, the Norwood- restaurants. I am the chairman of the Now, I have talked with some Mem- Dingell bill does not define ‘‘person.’’ Committee on Small Business, so I talk bers today. They indicated to me that, So again, anybody can be sued: the a lot to small business people. Small no, they thought well, maybe you health care plan, the employer, any of business people by and large want good could not sue if you were a Federal em- their employees. Employers are going employees, so they want to shape com- ployee. Maybe today you could not sue to have to have directors and officers pensation packages to get good em- the Federal Government, and right liability insurance for their employees ployees. They are by and large very there you have a difference, because who run human resources operations. distressed that they usually cannot the Norwood-Dingell bill allows you to offer as good health care as the big em- They are going to have to have insur- sue employers. Under current law, you ployers can because they cannot fash- ance on their employees, in order to cannot sue the Federal Government. get health insurance for the employees. ion big pools. But they have told me, but you can I asked them what would happen, Winning is not everything. This is at least sue the health care plan or the what they would do if they were faced very important to understand. If I am carrier with whom the Federal Govern- with this kind of liability. These were a lawyer and I am representing some- ment contracts. So they say, well, no, restaurant owners. The restaurant body who has been hurt, and I do not the Federal employees are excluded business is a business where many peo- criticize lawyers in saying this, they ple who work in that business do not from the Norwood-Dingell bill. That is have an absolute obligation to zeal- have health insurance. Many res- true, but that is because they can al- ously represent their client in an at- taurant owners do not offer health in- ready sue their health plans or their tempt to recover whatever they can re- surance. I asked them what they do. health carriers. cover for them if they have been phys- Here is what title V, section 890 They said, we will drop the health in- ically injured. You are going to sue ev- surance. We cannot open ourselves to 107(C) of the Federal regulations say erybody. You are going to name every- this kind of liability. These are not with regard to actions by employees of body, including the employer. wealthy people. the Federal Government. Now, this defense is what we lawyers If we talk to people who run big com- It says, ‘‘A legal action to review call an affirmative defense. So you are panies, who want their health plans to final action by the OPM,’’ the Office of going to be sued in State court, you are be good so people are satisfied because Personnel Management, and you must going to raise this affirmative defense they have to compete for good employ- go first to the Office of Personnel Man- in the answer. When you file your ees, what are they going to do when agement if you have a claim, ‘‘involv- original papers, you going to say, no, I their costs start going up? I hope none ing such denial of health benefits must was not exercising my discretionary of them drop their coverage. At least be brought against OPM and not authority, so under Federal law you the cost of the coverage is going to against the carrier or the carrier’s sub- cannot sue me. have to go up. They are going to have contractors. The recovery in such a Okay, immediately what is called the to reduce the number of benefits. They suit shall be limited to a court order interrogatories go out. Immediately are going to have to increase the num- directing OPM to require the carrier to they ask you for every document relat- ber of employees. They are going to pay the amount of benefits in dispute.’’ ing to how you developed your health have to pass along costs to their em- So under current law, which would care plan or how you were involved in ployees, and they are going to have ac- not be changed by the Norwood-Dingell this particular decision. After that cess to poorer quality health insur- bill, Federal employees cannot sue they begin the depositions. They will ance. their carriers, Federal employees can- depose whoever it was, anybody who That is unprecedented liability for not sue the Federal Government, but was involved in any way or should have employers. I just reviewed that. Exter- under this provision, employers, pri- been involved with choosing the health nal review is useless. The Norwood- vate employers, would be subject to ac- care plan. Meanwhile, of course, the Dingell bill requires resort to external tions. legal bills are adding up, because of review in the event of a denial of a Mr. Speaker, this does not have to be course you are having your lawyers claim. Well, most of the actions I have all or nothing at all. We do not have to write memos to try and determine just talked about do not involve deny- go on with the current system, where what exactly this means, because these ing a claim, so the external review that people have rights, supposedly, under terms in here are not defined, so thou- I talked about in the beginning that is health care contracts, but no effective sands and thousands and thousands of the answer to the problem of account- way of enforcing those rights. We can dollars in legal fees are adding up. ability would not even be available. We have accountability. We can do it Then after the interrogatories and cannot go to external review on the through tightly-written, low-cost, eas- after the depositions, you file what is issue of whether a quality assurance ily accessible external review proce- called a motion for summary judg- plan was adequate or not. dures where physicians are reviewing ment. In other words, you say to the Also, the bill permits people to avoid the decisions of other physicians. We court, look, it is evident from the in- external review when there is injury can back that up with liability, in formation we have gathered so far that suffered before the external review cases where the external review process you cannot sue me under this bill. Now panel can meet. So if the heart condi- is ignored or where it is fraudulent or you are up to $40,000, $50,000, spent in tion gets worse in the week while you where it is frustrated. legal fees, even if there is not a basis are waiting for external review, you The least we need to do with the Nor- for claiming that you exercised your can get around it and you can sue. wood-Dingell bill is to make clear that October 5, 1999 CONGRESSIONAL RECORD — HOUSE H9391 liability against the employer is strict- There was no objection. their employees; and that is what I ly limited to cases where the employer f think the managed care reform and directly participated in the denial of HMO reform issue is about and it has benefits. We need to make clear that TEXAS’ EXPERIENCE WITH MAN- been about for the last 2 years. punitive damages are strictly limited AGED CARE REFORM: A MODEL Let me follow up too, the gentleman or not allowed. We need to require ex- FOR THE NATION had mentioned that this bill does not haustion of external review. The SPEAKER pro tempore. Under cover Federal employees. Well, right We need to be certain that where we the Speaker’s announced policy of Jan- now as a Federal employee or as a allow quality of care actions, we make uary 6, 1999, the gentleman from Texas State government employee, we have clear in the law what quality of care is, (Mr. GREEN) is recognized for 60 min- the right to sue our insurance com- so that people know what the law is utes as the designee of the minority pany. We have the right under our and can set up their health care plans leader. plan. All we are trying to do with this accordingly, and we do not have that Mr. Speaker, I want to thank you and bill is to provide to all the other Amer- judgment being made in State courts also thank our minority leader for al- icans some of the same rights as Mem- around the country. lowing me to have this second hour to- bers of Congress have. And also it cov- The reason, again, is because all of night and follow the gentleman from ers the Federal insurance plans, wheth- this makes a difference to real people Missouri. Obviously, I agree with the er it be BlueCross or whatever other who are really confronted with illness gentleman from Missouri (Mr. TALENT) plans, because there are so many of and the threat of illness. There are too because Missouri has been the ‘‘Show them that the consumer would have many people in the United States Me State’’ all of my life, and for the the right to go to the courthouse ulti- today, Mr. Speaker, who do not have next hour from Texas we are going to mately. health insurance, and most of them do show him why he is wrong in his state- So there was a lot of things the gen- not have health insurance because it ments. tleman said during his time; and hope- costs too much. Every time we increase Mr. Speaker, I would like to first fully during the next hour we will hear the cost of health insurance, it means talk about that in the last 2 years in a lot of folks who have real-life experi- more and more people are not covered. Texas we have had basically the same ences from the State of Texas, because Patient protections do not help you if law that we are trying to pass here to- we have had a Patients’ Bill of Rights you do not have insurance. morrow and Thursday, and the exam- under State law for over 2 years, and it We have the chance in the next cou- ples offered by the gentleman from only covers insurance policies that are ple of days to pass good bills to in- Missouri just do not hold water, at licensed by the State of Texas. crease accessibility, to increase the least they have not in the State of That is why we have to pass some- availability of private health insurance Texas. thing on the Federal level, because 60 to people who do not have it, good pri- First a little background. Before I percent of the insurance policies in the vate health insurance to these employ- was elected to Congress, I actually district I represent come under ERISA, ees of small employers. We have the helped manage a small business in come under Federal law. Even though chance to hold HMOs accountable to Houston, a printing business. One of the State of Texas 2 years ago passed get people in treatment rooms where my jobs in that business was to shop these very same protections, we have they ought to be, not at home ill and for our insurance and to make sure our to do it on the Federal level to cover untreated, and not in courtrooms after- 13 or so employees had adequate cov- the citizens of Texas who do not come wards, after they become seriously ill. erage, because our company was under under the State insurance policy. In fact, this next hour hopefully we We can do these things. We have that a union contract and we could buy it will have a lot of folks, and people who opportunity. I want to close by saying from the union benefit plan or buy on like to hear Texas accents will hear that I welcome the fact that the bills our own if it was either equivalent or them for the next hour, because we will have come this far. There are many better, and so we did that. talk about the Texas experience with a competing factions in this House, and And having experience of shopping little bit of help from some of our it is because of the passion and the en- for a number of years for insurance as Texas colleagues and some from other ergy of those factions that we have a both a manager and one who had to parts of the country. bill and we have the opportunity to make sure we also paid the bills at the Mr. Speaker, let me address some of vote on it. end of the week so we could afford it, I the issues. The insurance industry and I have been working intensively on bring that kind of experience of a small managed care organizations and HMOs this for 2 years. I have wanted to see business, even though I do not serve on have been repeatedly trying to scare this day come. I am glad we have this the committee. the American people saying the bill opportunity. But let us not do some- The other thing I would like to men- that we are going to vote on, the Nor- thing that will hurt the very people tion, the gentleman talked a great deal wood-Dingell bill, would dramatically that we are trying to help. Let us not of time about threats of suits for em- raise premiums and force employers to punish the employers and the small ployers, and it is not in the intention drop health insurance. I even heard one employers in this country and their of myself or the sponsors of the Nor- of the special interest groups say that employees by driving up the cost of wood-Dingell bill that employers will this number would be as high as 40 per- health insurance to them in a way that be responsible unless they make those cent. is not necessary to ensure the kind of medical decisions. I have offered in my Mr. Speaker, once they have spread accountability that we all seek in the own district and even here in Wash- all of this inaccurate information, let health care system. ington to the National Association of me give the experience that not only f Manufacturers, give me the language we have in Texas but also from the b 2030 and we will sponsor it as an amend- Congressional Budget Office. The Con- ment to make sure that employers are gressional Budget Office is a non- GENERAL LEAVE not held liable unless they are putting partisan agency. They analyzed the Pa- Mr. GREEN of Texas. Mr. Speaker, I themselves in the place of a health care tients’ Bill of Rights and said that the ask unanimous consent that all Mem- provider or health care decision-maker. best they could determine, that the bers may have 5 legislative days within That is saying to their employees, No cost to the beneficiaries under the Pa- which to revise and extend their re- you cannot do this or you cannot do tients’ Bill of Rights may cost $2 a marks and include extraneous material that. month. That is less than the cost of a on the subject of the special order by Again, having been a manager, I Happy Meal to provide fairness and the gentleman from Iowa (Mr. BOS- know that sometimes employers and protection and accountability. WELL). businesses can afford a Cadillac plan But in the State of Texas, even if one The SPEAKER pro tempore (Mr. that pays for a lot. Sometimes they does not agree with the Congressional WELDON of Florida). Is there objection can only afford a Chevy plan that does Budget Office, and sometimes I dis- to the request of the gentleman from not pay as much. But just so they are agree with their estimates, we need to Texas? getting what they are paying for, for look at real-life experience for the last H9392 CONGRESSIONAL RECORD — HOUSE October 5, 1999 2 years in Texas. Again, Texas passed law, and I yield to my colleague from being useless. The gentleman should this same legislation in 1997, and it be- San Antonio. tell that to little Travis. That was the came effective in September of 1997; Mr. RODRIGUEZ. Mr. Speaker, as a difference between life and death. and so we have had over 2 years of ex- State representative from Texas I Because of his condition, his doctor perience. know the situation well, and we in asked the HMO to authorize an on-duty In Texas the patient protections in- Texas are known for the blue bonnets, nurse. Hard to believe, but the HMO cluded a consensus HMO reform bill the Texas barbecue and the champion later refused to pay for that nurse. An that had external appeals and also the San Antonio Spurs, the beautiful Rio internal review of the case by the HMO accountability issue, the liability. And Grande; but we are also known for the doctor ended up upholding the HMO de- over the first 2 years there has been no changes that we have made in managed cision, so the first internal review they significant increase in premiums. In care reform. sided with the HMO. But thank God the fact, the analysis shows that the first Two years ago, Texas was fortunate next step was the external review. An quarter of 1999, premiums in Dallas and to have the foresight to enact and im- outside doctor reviewed the case and Houston have increased about half the plement its own managed care reform. found that little Travis was, indeed, national average. The days and nights prior to that pas- entitled to that nursing care. And this And we know there are lots of things sage are very similar to tonight and is a case with the HMO playing with a that go into increases in premiums, this week here in the U.S. Congress little boy’s life and it is a serious situa- particularly with HMOs because of where the discussions are over one side tion. some of the problems they have now. that says that health care costs are Mr. Speaker, thank God he lived in They tried to expand so rapidly, and going to skyrocket and the other side, Texas. Each time he stopped breathing, now they are having to contract and the good side, saying that we cannot he and his parents knew that he was they are also increasing their pre- compromise the health care even at the within moments of suffocating. Having miums; but they are doing it around expense of losing one individual for the a nurse on hand part-time provided the the country. almighty dollar. necessary care for little Travis who So in Texas we have not seen any in- I am of the thinking that health care needed it when his parents were not crease in 2 years in health insurance should not be about compromising any- around. The external review process premiums attributable to the Patients’ one’s life, but rather about health care works for many, but for those that do Bill of Rights. In some cases it is at- and promotion and education. not have that access, it cannot work. tributable to the increased cost for pre- Two major issues that have helped We have got to assure that those indi- scription medication or for other rea- address the health care concerns of viduals have access to that oppor- sons. Health care costs in Texas have consumers in Texas are the external re- tunity. increased 4 percent in the first quarter view process and the ability to hold an For the positive happening for little compared to 8 percent in the rest of the HMO liable through a lawsuit. Through Travis’s case, it is great. But there are country. These estimates are based on the external review process, hundreds too many out there who still suffer reality provided by the Texas Medical of individuals in Texas have the oppor- under those situations. Association, and it is more than a the- tunity to have their cases heard by an I would also like to mention that I oretical study that should be our guide outside party. The decisions are made believe that the ability to sue HMOs in for the HMO debate. by the doctors chosen by an inde- Texas, there was a lot of talk about the Moreover, beyond the slim cost of the pendent medical foundation. The doc- fact that there was going to be a lot of increase, there has been no exodus by tors review the cases and render a deci- lawsuits and that everyone was going employers to drop health insurance sion based on that information. to be sue happy. This is not the case, coverage, nor has there been any exo- The best part of it is that it is done and we have had it there over 2 years. dus by patients to go to a courthouse. in a timely manner. In Texas we take So the reality is, and I will challenge Mr. Speaker, in an earlier life I was pride in that we mandate the review to my colleagues, do not be fearful. It is licensed to practice law, and I have to occur within 14 days and in cases of life not going to happen. In the State of admit we do not have any shortage of or death, for them to move within 3 Texas only five lawsuits have been plaintiff’s lawyers in Texas who will go days in making those life-threatening filed. Think about it. It is a State of 4 to court if they have that opportunity. decisions. million individuals that are in man- But, again, in the 2 years we have had What is even better is that what the aged care with only five lawsuits that it, we have not seen more than four doctor says goes. It is not the way we have been filed. suits, and I will talk about that later have it right now where an accountant Members can say what they will in the hour if we get to it. But four or an insurance person is the one dic- about managed care reform, but in lawsuits in Texas. Although we have a tating what should happen versus what Texas it has been working. It is alive fifth one that may be out there, but the doctor is saying. and well and serving the best interests one of them was by one of the insur- Nearly 600 cases have been handled in of those individuals under managed ance companies challenging the law. this manner through the external and care. So what Texas residents have is internal review in Texas and guess Mr. Speaker, I want to also just con- health care protections that they need- what? Half of them have been ruled on gratulate my fellow colleagues and I ed, and they are enjoying them now; behalf of the patients. So it has gone yield to the gentleman from Texas (Mr. and as Members of Congress we owe the 50–50. So we feel it has been a very fair GREEN). duty to provide those same protections system that has been working. Mr. GREEN of Texas. Mr. Speaker, on a nationwide basis. Unfortunately, For the States that are not fortunate before my colleague leaves, and I ap- instead of recognizing the affordability to have this law, I believe that we need preciate the gentleman being here, let and value of the consensus bill tomor- to pass Federal legislation here on the me give some updated information on row, the Norwood-Dingell bill, our Re- Federal level that will ensure that all the appeals process in Texas. As of Au- publican leadership seems poised to re- Americans, not just Texans, have that gust of 1999, during the month of Au- peat last year’s actions and come up opportunity to have a due process. gust there were only 23 requests for the with imitation bills, and we will talk A testament to the fact that the independent review. But from Novem- about those over the next hour also. Texas’ system works is evidenced ber 1 of 1997 to the present, the total But I see my colleague, the gen- through the story that was told in an requests were 626 appeals in those 2 tleman from San Antonio, Texas (Mr. article by the U.S. News and World Re- years. 610 of them were completed. The RODRIGUEZ). Before he came to Wash- port in March. The story is about a number they upheld was 47. The num- ington, he served in the Texas legisla- young boy, little Travis, who had a ber of overturned was 46. And partially ture for a number of years. He knows it medical condition that came from the overturned was 42. So what we are see- is not easy to pass major legislation fact that he had difficulty breathing. ing is about 50–50 for the external ap- there unless it is consensus. In fact, And I was hearing the comments by peals process. the gentleman was in the State legisla- the previous gentleman out here talk- Again, they are not clogging up the ture in 1997 when Texas passed that ing about the external review process process, but what they are doing is October 5, 1999 CONGRESSIONAL RECORD — HOUSE H9393 making sure people have a right to go In Texas, we have not had but three State law, and that all insurance plans outside and ask for an appeals process. or four cases, maybe five at the most, covered by the ERISA law that the They do not really want to go to court in 2 years. That is why moving to Fed- gentleman from Texas (Mr. GREEN) re- in Texas. The 2 years we have had that eral court in one of the amendments ferred to at Federal law meant that there have been so few lawsuits, but we tomorrow would be wrong. It would ac- those protections that we had provided have had a lot of appeals and people are tually be against the patients ability in our State legislature did not apply getting the health care that they need to have justice. to all of those plans that were multi- and these appeals are being done quick. Mr. Speaker, I yield to the gentleman State plans covered under the Federal They ask for them, and they can com- from East Texas (Mr. TURNER). Again, ERISA law. plete them almost within that 30 days. the gentleman from Texas (Mr. TURN- So we have a very awkward situation b 2045 ER) served as a State representative in all across the country today because Texas, State Senator, in fact was a State after State after State have So instead of waiting for 2 years to State Senator in 1995 when the first passed patient protection legislation to get to the courthouse, they are actu- Patients’ Bill of Rights was passed by protect their patients. Yet, we find ally able to get that health care that the legislature and vetoed by the Gov- there is a Federal law standing in the they need. That is what is so impor- ernor at that time. But in 1997, he let way that has basically meant that tant. Again, in the last 2 years since No- it become law without his signature. I about 40 percent of all the folks that vember, a little less than 2 years be- am glad Governor Bush did that in 1997 are insured in this country under man- cause the actual appeals process went and saw the error of his ways. aged care are not covered by the basic Mr. TURNER. Mr. Speaker, all three into effect November 1 of 1997, again patient protections that their State of the Texans here tonight served in half the decisions are in favor of the in- legislatures have passed over the last 2 surance company, and about a little the legislature, and we all have fought and 3 years. over half are in favor of the patient. for this issue in our State legislature, So the Norwood-Dingell bill is de- So what that means is that I feel and that is one of the reasons we feel signed to change that, to be sure that much more comfortable as a patient so strongly about the fact that the pro- all people enrolled in managed care that, instead of the chance of a flip of tections that we have provided in law plans have the same protections that the coin, that we have a better percent- for all Texans should be protections we believe are just common sense. age of upholding HMO’s decisions or that every American enjoys. Things like ensuring that a patient managed care decisions if they had it. I am glad to see the gentleman from can go to the nearest emergency room But they are losing about half of them Iowa (Mr. GANSKE) here tonight who is when he has an emergency. Rights like in Texas, actually a little more than a medical doctor who has fought hard being able to go to the doctor in your half. on the Republican side to help pass the own town rather than going to a doctor So that is why it is so important that Norwood-Dingell bill, also referred to in an adjoining community. Rights like we pass on a national level a real as the Bipartisan Consensus Managed having access to go to a specialist strong external review process backed Care Improvement Act, which I think when one needs one when one’s doctor up by the accountability. aptly describes the bill that we are try- says he wants to refer one to a spe- The reason we do not have the law- ing to pass because it has been crafted cialist. Basic rights like not being suits in Texas and what is estimated by with bipartisan support. forced to change doctors and hospitals the people at home is that we have a It has been worked on for many, right in the middle of one’s treatment good, tough external review process many months. Those who have worked just because one’s employer happens to where people get their case heard, they on it have been responsive to any con- change their managed care company. get their health care; or they lay out cern that has been expressed about it. Basic protections like making sure their case, and they do not receive We are convinced that it is the right that medical decisions are made by their health care because they are not bill, and this is the right time to pass doctors, not by insurance company entitled to it. these protections for all Americans. clerks. It is tough to go to court after one As the gentleman from Texas (Mr. These are the basic protections that has been through that external review GREEN) mentioned, I was in the Texas we provided in Texas in 1997, and these process and find out that one really Senate in 1995 when the Texas legisla- are the basic protections that we want does not have enough that even an ture passed the first patient protection to provide for all patients across the independent review does not do it. legislation in the country. That bill, United States in the Norwood-Dingell What worries me is that the Repub- unfortunately, was vetoed by Governor bill. lican leadership this year, with what Bush. One of the things that always amazes we are going to do tomorrow, there is The legislature came back in Texas me, we faced it in 1995 in Texas, we going to be a number of other plans in 1997 and passed similar legislation faced it in 1997 in Texas, and now we that will be considered, every one of once again, broke it down into four are facing it here in Washington in them is found lacking in what we need separate bills. Three of those bills were 1999, with the managed care companies to do. signed by the Governor. The fourth he saying that the sky is going to fall if It is so important that we adopt the allowed to become law without his sig- we pass this legislation. They are Norwood-Dingell bill, it is a consensus nature. claiming that health care costs are bill, a bipartisan bill, and attack or de- Unfortunately, when we passed the going to go up. feat the poison pills that are really bill the first time in 1995, even though They had even gotten the folks who there just to cloud the issue and not we passed it with overwhelming sup- carry their insurance for the employers provide the health care that we need. port, over 90 percent of the members of and the business community all Let me talk a little bit about the each house voting in favor, we passed it worked up and speaking out against concern about one of the amendments at the end of the session, and the Gov- this bill because they think the cost of to move these suits to Federal court. ernor was able to veto it without an insuring their employees is going to go Again, in Texas, they go to State opportunity to overturn the veto. up. court. Again, having practiced law, I do But we are here tonight to try to pro- As the gentleman from Texas (Mr. not have a lot of Federal experience in vide the same kind of protections for GREEN) pointed out, the Congressional Federal courts, but there was a reason all Americans that we provided for Budget Office says the cost of this leg- for that. I would much rather go before Texans in 1997. islation would be less than $2 a month judges that are elected than judges on When we passed that bill in 1995 and per patient. Very small cost in my the Federal level. again in 1997, we had no idea that it judgment to protect patients. My worry is, if we move these cases would not apply to all Texans. But an When it comes right down to it, busi- to Federal court, that they will be insurance company went to court ness people in this country care very there for years and years and years. If shortly after we passed our legislation much about their employees and their they have to go to court, one needs to and it had become law, and the courts employees health care. I think most go the quickest one can if one has to. ruled that a Federal law preempted our businessmen and women understand H9394 CONGRESSIONAL RECORD — HOUSE October 5, 1999 that, when they sign up with an insur- of us can end up in court if we are neg- Republican, good friend of mine, car- ance company to provide health insur- ligent or make a mistake. ried that bill. He says, and I quote, ance for their employees, they want a Frankly, the rule really is pretty ‘‘The sky did not fall. Those horror sto- plan that is going to take care of those simple, I think, that should be applied ries raised by the industry just did not employees. in this debate; and that is, when health transpire.’’ Dave Sibley, the sponsor of Right now, we have a situation where insurance companies make medical de- the bill is a lawyer, former doctor, an these basic protections are not guaran- cisions, they should be accountable in ally of Governor Bush. teed, and some managed care compa- the same way that one’s doctor is ac- Even Governor Bush acknowledged in nies, I understand, today, are already countable when he makes a health care the Washington Post September of this providing these, but many are not. decision. We all know in this country year that he believes the law in Texas I really think it would be a lot easier that, if a doctor happens to make a has worked well. for the average businessman or woman mistake in the operating room, hap- I believe every American deserves in selecting health insurance for their pens to do something that causes in- the protection that we fought to give employees to know that every plan, no jury to one or one’s children, that one Texans in 1997. This legislation is long matter what proposal is laid on their can go to the courthouse and seek re- overdue. desk, and no matter what price is of- dress, seek recovery of injuries. A child I appreciate so very much the gen- fered to them for coverage of their em- who is paralyzed for life because of a tleman from Texas (Mr. GREEN) reserv- ployees, that they know these very mistake of a medical provider, that ing this hour to give us the oppor- basic common sense protections are in family can go to court, be compensated tunity to talk about this important every plan. in damages. That is what our American bill. Right now, I think health care is in system of legal justice guaranties all of I believe the American people want turmoil in this country. Doctors are us. this legislation. I believe the employ- not happy, having to make ten and If a managed care company makes a ers of this country who believe in pro- twenty phone calls to a managed care decision that denies one health care tecting their employees want this leg- company just to get something ap- when it is covered under the plan, now islation. I believe we need to ensure the proved that they know their patient if it is not covered, it is just not cov- long-term stability of the best health needs. ered and it is not going to be paid for, care system the world has ever known, I have talked to these doctors. They but if it is covered and, in their review and this bill moves us along the road in are really frustrated with the system of medical necessity they say one does ensuring that. as we know it today. I have talked to not need that care, one’s doctor is b 2100 standing there all the while saying, patients who wonder why they cannot Mr. GREEN of Texas. I thank my col- yes, my patient needs that care, and get simple care from a specialist sim- league. Again, having served with the the managed care company says, no, ply because their plan denies them ac- gentleman both in the State legisla- and one goes under the Norwood-Din- cess to a specialist. They do not under- ture, the Senate and the House, and stand that kind of treatment. They do gell bill and appeals that internally, and one appeals that externally, and now in the Congress, we have gotten to not understand why they cannot go to that point. Because as Texans we brag an emergency room and have a doctor one has got a decision, and one finds out that still the decision of the man- all the time about how great our State in the emergency room make a deci- is, and sometimes we puff it up a little sion as to whether or not there is an aged care company was wrong, every American ought to have the right to go bit; but we are not puffing on this leg- emergency rather than having to get islation. This has worked in Texas, it on the phone and call the insurance to the courthouse and seek their dam- ages. That is what the American sys- has provided the benefits, all the ac- company clerk in some far-off city and countability, the outside appeals proc- find out whether or not they can re- tem of justice is all about. So if a doctor makes a mistake, he ess, the anti-gag orders so doctors can ceive emergency treatment. Those knows he has to go to the courthouse actually talk to their patients; and it kind of basic protections patients de- or could go to the courthouse. That is has allowed patients to go to the clos- serve. Employers who want to take why he buys malpractice insurance. est emergency room without having to care of their employees want this kind What is wrong with asking managed drive by closer emergency rooms. of protection for their employees as care companies to also carry mal- So there are so many things I am well. practice insurance? Every profession in proud of. Always proud to be a Texan, The truth of the matter is, if we are the United States, every individual but particularly because of this legisla- going to have a health care system in who is a doctor, a lawyer, an engineer tion. this country that works for everybody, carries malpractice insurance. It is a Mr. Speaker, I now want to yield to the employers, those who are insured, wonderful thing, insurance. We spread another good friend who I serve with the doctors, and other health care pro- the risk of loss among all of us to pro- on the Committee on Education and viders, we need to pass this legislation, tect each of us individually. the Workforce. And I might just men- because the further we go down the Why should we in this hallowed hall tion that her State, California, just re- road and find patients being abused and of the House of Representatives declare cently passed a series of bills just simi- managed care companies doing a shod- this week that the only group in Amer- lar to this, and I know Governor Davis dy job of rendering care, the more we ica that can never be held accountable signed them into law about a week ago. are going to undermine what has be- in a court of law is a managed care in- I yield to the gentlewoman from come known for many years as the fin- surance company? That is wrong, and California (Ms. WOOLSEY). est system of health care in the entire we cannot let that happen. Ms. WOOLSEY. Mr. Speaker, I thank world. I think we have a good bill. It en- the gentleman from Texas and would So what we are really fighting for sures accountability, and it is drafted like to compliment him for sharing here tonight is, not only the protection in a fair way. The only way one can go with us tonight the experience of Texas of patients, individual patients and to court and sue a managed care com- in health maintenance organization re- their families, but we are fighting to pany under this legislation is after one form. It is particularly appropriate preserve the finest quality system of has gone through the internal and the that we are here tonight, because to- health care the world has ever known. external review procedure. morrow, after fighting for more than 2 We need the stability in health care In Texas, the sky has not fallen. In years, the House actually has a real that this legislation will provide. Texas, we have the right to go to the shot at passing a managed care reform Now, the big debate is over this issue courthouse. As the gentleman from bill. The American people want this. In of accountability. Should a managed Texas (Mr. GREEN) pointed out, there fact, they are demanding that we pass care company be accountable for their has only been a handful of lawsuits. In managed care reform, and I am par- decisions? Well, frankly, I think that fact, there has only been five filed in ticularly glad that this House is finally the answer is pretty obvious. Certainly Texas. rising to the occasion. they should be accountable. All of us The author of the legislation that did I am also pleased that the Democrats are accountable for our decisions. All pass in 1997, Senator David Sibley, a and Republicans have worked together October 5, 1999 CONGRESSIONAL RECORD — HOUSE H9395 to support a common sense patient pro- termines whether to deny, modify, or discuss it before we debate it on the tection bill. It is bipartisan. It is approve health care services. floor tomorrow. called, in fact, the bipartisan Dingell- In fact, Californians are also guaran- I am proud to be one of the original Norwood bill. And any of my colleagues teed the right to hold an HMO account- cosponsors of the bill and to be an ad- who are saying the Dingell-Norwood able by seeking punitive damages in vocate for it. I also serve as the co- bill will not work are very, very wrong; court if and when harm comes to a pa- chair of a health task force. And as an and they have to review what has gone tient. Congress should take note that if individual coming from a rural area, on in Texas. If they will pay attention California can do it, and if California where a lot of our patients are still un- to the Texas experience, they will can pass similar reforms as those in insured, I can also be a very strong ad- know that the sky will not fall if we the Dingell-Norwood bill, then, for vocate for this bill, which gives protec- take care of patients when they are Heaven’s sake, we can pass the same tion for managed care. covered by a health maintenance orga- type of legislation for our country. Be- We have just heard recently that, in- nization. cause California has the population and deed, the uninsured have increased. I would like to share also some of the the economy of a country in and of And I am concerned about that because recent accomplishments from my itself. California has 33 million people, many of the people in my district are State, the State of California, where and the challenge has been met. indeed part of that uninsured. So my just last week Governor Gray Davis Tomorrow, the Dingell-Norwood bill support for the Norwood-Dingell bill signed landmark legislation that put is a good starting point for the man- does not diminish my advocacy for health decisions back in the hands of 20 aged care reform we need in this Na- making sure that we find ways of in- million patients and their doctors. This tion. The Norwood-Dingell bill provides suring more of the uninsured. Indeed, comprehensive package is made up of Americans the ability to choose their it was almost predictable, because we 19 bills, and it will absolutely overhaul own doctor, to get emergency room did not do what we could have done the way HMOs do business in Cali- care, to see a specialist, and unleash earlier when we had the opportunity to fornia. their doctor from HMO gag rules on look at health care reform that, in- A key piece in the package includes treatment options. And especially im- deed, this rise would occur. I think we managed care accountability. The portant for Americans is that the Din- have an opportunity to speak to that, State now has a new Department of gell-Norwood bill holds HMOs account- but I do not think one negates the Managed Care, which will act as a able. other. So as one who is an advocate for watchdog for patients with HMO pro- This bill has bipartisan support as making sure the uninsured are also viders. This State agency is devoted ex- well as support from more than 300 protected, I strongly advocate the pro- clusively to the licensing and regula- health care and consumer groups. I am visions of the bipartisan bill. tion of health plans. The legislation convinced that this bipartisan bill de- This bipartisan bill gives increased will also include a new Office of Pa- serves a clean up or down vote. It does access to patients in a variety of areas. tient Advocate, which will assist in en- not need to have any amendments. It says first that those who have emer- rollees with complaints, provide edu- The American people are counting on gencies should not have to have prior cation guidelines, issue annual reports, us to take heed of the Texas and the approval. They have immediate access and make recommendations on con- California accomplishments in HMO re- for emergency treatment, even at the sumer issues. form, so let us focus tomorrow on the emergency hospitals of their choice. With this legislation, Californians consensus we have built. Let us accept They should not have to be shifted now have the right to an external re- no substitutes to the vital patient pro- around to various hospitals in that view of their health care coverage deci- tections in the Dingell-Norwood bill, area. sions by an independent group of med- and let us again pay attention to what It also increases the protections for ical experts. By January 1, 2001, this other States have been able to accom- women who want to be protected under external review program will dispute plish, such as Texas. this bill. It increases that access. It claims when a patient’s treatment has We are going to hear from Wisconsin also increases access for those patients been delayed, denied, or modified. and North Carolina, and we will see who have special needs and need to I am proud to tell my colleagues that that the people in this country are tell- have specialty providers in treating the package also includes HMO liabil- ing us that they want and they demand their conditions. So the access is en- ity, giving Californians the right to sue health care reform and managed care hanced for those who have a managed their HMO for harm caused by failure reform, and we must heed this and go care program. to provide appropriate and/or necessary forward tomorrow. Let me just say parenthetically that care. This is a much-needed remedy for Again, Mr. Speaker, I thank the gen- there are, indeed, good managed care any family harmed by a decision made tleman from Texas for having this spe- programs. This is not to negate where by the HMO or by a clerk working for cial order tonight. there are positive managed care pro- the HMO. Any decision that would Mr. GREEN of Texas. I thank my col- grams. This is to improve and to give delay, deny, or modify medically nec- league from California. It is great to some minimal standards that the man- essary treatment will be under scru- serve with the gentlewoman on the aged care programs that people have tiny. Committee on Education and the should be dependable, they should be In addition, Californians can look Workforce. held accountable for their care, and forward, under this legislation, to new And the gentlewoman is right. In the they should be aware of defining med- consumer protections. These protec- California experience, it is both rural ical necessity. All of these are to en- tions will include a second medical and urban. Just like Texas is rural and sure that whatever plans we have, they opinion, upon request for patients; ex- urban. So it will be a great example of should be the kind of plans that pa- panded patient privacy rights will pro- making it work in this country from tients can have confidence in. hibit the release of mental health in- one coast to the other coast. We need I cannot understand why it is that formation, unless patient notice is pro- to make sure that we have real patient people are afraid of being held account- vided; and a prohibition on the selling, care and managed care reform. able. If they say they are going to pro- sharing or use of medical information I would like to now yield to my col- vide certain services, they should be for any purpose not necessary to pro- league, the gentlewoman from North honored to say that they will be held vide health care services. Carolina (Mrs. CLAYTON), who came in accountable for those services. Indeed, This legislation in California sets the same class as I did, in 1993. being held accountable allows a review procedures for HMOs to review a treat- Mrs. CLAYTON. Mr. Speaker, I process. And if in the review process ment request by a doctor to ensure thank the gentleman for yielding to me arbitration does not work out, the pa- that timely information and decisions and arranging for this special order for tient has the right to go to court. They regarding a patient’s treatment needs us to talk about the provision in the have that opportunity. come forward at the right time. Pa- bipartisan manage care reform bill Also, the bill protects the provider. tients will be informed of the process known as the Dingell-Norwood bill. I And this is very, very important, be- used by a doctor when that doctor de- am pleased to have this opportunity to cause many doctors have said they H9396 CONGRESSIONAL RECORD — HOUSE October 5, 1999 have been under a gag rule. They can- the best medical decisions are being hospital room past midnight, his insur- not tell their patient all of the options made in this system, and too many ance company was not going to cover that they know would be good for their people with health care coverage are it. health care. So they are prevented being driven into debt because nec- Now this gentleman had just gotten from telling them options that would essary treatment is not being covered out of intensive care, and it was all he perhaps provide the right medical by their managed care company. could do practically to reach over and treatment because it is not the most As my colleagues know, families in pick up the phone, and I just think how economical treatment in that area. my community in Wisconsin feel very frightening this experience must be for The anti-gag provision in this bill pre- anxious about the state of health care the patient, for the family and for vents that. It means that we protect in America. They are increasingly con- those who hear of it and wonder wheth- the providers and we assure the con- cerned that medical decisions are being er their insurance, their health care fidentiality and the professional care made by accountants, by managers, by plans, their managed care plans are between a doctor and their patient. other insurance company employees in- really going to cover them. And the patient also has a right in the stead of the doctors and the patients As my colleagues know, having a re- selection of the provider that is ade- making the decisions; and too often course when something goes wrong is quately trained in those areas. profit is taking a priority over a sick so vital, and health plans should not be All of these provisions go to making patient in need. allowed to escape responsibility for the managed care program stronger for Patients are losing faith that they their actions when their decisions kill patients who have to have these insur- can count on their health insurance or injure patients. Six years ago we were promised re- ance provisions. So I want to say to our plans to provide the care that they form that would guarantee every colleagues that as we debate this bill were promised when they enrolled and American the health care they needed. tomorrow, that any options or amend- faithfully paid their premiums. That vision was not realized. In this ments or substitutes that are being of- We have all read the stories, and time of economic prosperity, in this fered, and offered in glorious terms as those of us who have the privilege of time of rapidly changing medicine, in being a cure-all for health care, are, in- serving here have often heard painful this time of political opportunity, I deed, poison pills. And if we are ensur- firsthand accounts from families and think it is time that we renew our ing that patients have good health individuals who sent us here to fight commitment to the health care secu- care, we have to vote down each and for them, to represent them, people who were denied care or services by rity for all; and when I think about every one of those substitutes as well what that means, I believe that health as those amendments. managed care providers. I recall reading an article last winter care security for all encompasses both So I urge my colleagues to give the notion that we must cover the un- Americans a choice and, indeed, to give in Wisconsin about a young man strug- gling with known Hodgkin’s insured and the effort to fully protect them a clean bipartisan Patients’ Bill those who already have health care of Rights. And I thank the gentleman lymphoma. He was told by his doctor that the most promising and potential coverage but find that is not the secu- once again. rity blanket that they thought they Mr. GREEN of Texas. Mr. Speaker, I cure, a bone marrow transplant, was not going to be covered by his plan. had purchased. thank the gentlewoman, and I want her Many States have taken steps to es- Chemotherapy in his case would only to know that I am aware of the devas- tablish some of these patient protec- slow down the disease. The prognosis tation in the gentlewoman’s district, tions. We heard about Texas and Cali- they gave him was up to 10 years to we talked about it today, from the hur- fornia earlier this hour. Unfortunately, live, and according to this prognosis 5 ricane. In Texas, we are familiar with most States have only passed a few of hurricanes damaging our coast. of those years his cancer with chemo- the protections contained in this bill I would like to now yield, Mr. Speak- therapy would likely to be in some sort before us, and there are many gaps er, to a new Member, a very active new of remission. However it would likely that remain to be filled. Even States Member from Wisconsin. And like I come back sometime within the second with strong consumer protection laws said earlier, we have people from not 5 years and get steadily worse. He un- cannot cover a large number of their only the West Coast in California but derwent a round of chemotherapy be- residents, the 50 million Americans North Carolina, on the East Coast, and cause that is what his insurance com- who receive their insurance from a of course in Texas, and also now the pany would cover. In his case his ear- self-insured employer plan under gentlewoman from Wisconsin (Ms. lier prognosis was not accurate. It did ERISA and are not protected under BALDWIN), and I yield to her. not even give him 5 years of remission. State law. Ms. BALDWIN. Mr. Speaker, I thank Instead the cancer re-appeared in only We need comprehensive Federal leg- the gentleman for organizing this spe- 8 months. islation that provides a minimum cial order. Now this was a highly publicized case standard of patient protections for all Time and time again we hear how the in my State, and because of the nega- Americans. The Norwood-Dingell bill United States has the best health care tive publicity and the public outcry, will do just that, and I hope tomorrow in the world, but that does not matter his insurance company relented and that this Congress rises to the occasion if a health plan denies meaningful ac- permitted the bone marrow transplant to pass this vital legislation. cess to the health care system when in- admitting belatedly. According to the Mr. GREEN of Texas. Mr. Speaker, I dividuals are sick. Managed care was medical literature, this was not a appreciate our colleague from Wis- designed to provide the best health treatment that was regarded in the consin in being here this evening and care available at a lower cost. But medical literature as experimental. joining in this. We only have a few what does it matter if in addition to Unfortunately, it was too late for this minutes left before our colleague from our health insurance premium we still 41-year-old young man, and he passed Iowa (Mr. GANSKE) comes to the floor. have to pay sizable, sometimes enor- away earlier this year. Having watched Dr. GANSKE over the mous out-of-pocket costs for needed But people should not have to wage last number of weeks and sitting in my tests or treatments that our health publicity campaigns to shame their office, returning phone calls, thank plan will not cover. health care plans into covering medi- goodness an hour earlier in Texas, and cally necessary procedures. They I can catch up on that, and his efforts b 2115 should have appeals processes, not pub- on managed care reform and his efforts There was a time when we paid our licity campaigns. over the last, in the last session of Con- health insurance premiums trusting I was deeply disturbed when I heard gress. that when we got sick our doctors of another poignant case in my dis- Let me talk before we close about would make his or her recommenda- trict. This is a story of a man who is in some of the bills or the competitive tions for treatment and that our health the hospital. He was recovering from a bills tomorrow to the Norwood-Dingell insurance would pay for that treat- procedure, and he received a phone call bill. There will be a bill called the ment. This just does not seem to be the from the representative of his HMO in Comprehensive Access and Responsi- case any more. We no longer trust that his room saying that if he stayed in the bility Act introduced by the gentleman October 5, 1999 CONGRESSIONAL RECORD — HOUSE H9397 from Ohio (Mr. BOEHNER). Which is one offer access to specialists that the pa- amendments. Sure we need to do addi- of the two alternatives. It falls very far tient needs. tional access, and I would hope we can short of the Norwood-Dingell bill and Emergency room coverage. The bill do that on the floor of the House some- the protections that are in there. The provides guaranteed access to emer- time but without trying to dirty up the biggest problem is it does not cover as gency services to managed care enroll- waters on providing access in mod- many Americans as the Norwood-Din- ees and requires a plan to pay for those ernization of the HMO process. gell bill. It is very limited. Moreover, services if a prudent lay person be- I have had my colleagues talk about the bill has no provision to hold HMOs lieves that they are in a health, in a earlier that all we are asking for is accountable for the decisions that life-threatening situation, and I use some guidelines for managed care to harm their customers that are enroll- the example: I am a lay person. I do deal with their customers and our con- ees, and every other business in Amer- not know if I am having chest pains be- stituents and the doctors’ patients. In ica is subject to liability for poor judg- cause of the pizza I had last night or it fact, over the past 5 years all 50 States ment, and why should not the health is because I am actually having a heart have passed laws to protect patients in plans be any different? attack. I should not have to make that State-regulated plans. Some of them Finally, this bill does not allow decision. That is why we need to go to are stronger than others, and these al- chronically ill patients to designate the closest emergency room. ternative bills essentially disregard the their specialist as a primary care pro- But the most important and the final advances that are made in each State vider. As our colleague from Wisconsin issue is accountability. The reason the and moreover more people into Federal appeals process in Texas works is be- mentioned, there are times that you regulation would lose protections. cause ultimately they could go to might need if it is an oncologist, if you These laws have been passed by court, and it is also the most con- have a cancer, if you have some other Democratic and Republican legislators. troversial; but again this is modeled type of illness, you might want to des- They have been signed into law by after the Texas law, and we have over Democratic and Republican governors. ignate that specialist as your primary 2 years experience. This bill allows care person, and that is in the Nor- But the Republican leadership would Americans harmed by their HMOs to jeopardize the health care of millions wood-Dingell bill. seek redress in the State court. How- The other alternative by a couple in these protections unless we pass it ever, to prevent frivolous cases, they Members of Congress, the gentleman tomorrow. can only sue after they have exhausted Mr. Speaker, I again thank my col- from Oklahoma (Mr. COBURN), the gen- their appeals and the patient is leagues who were here tonight and all tleman from Arizona (Mr. SHADEGG), it harmed. The provision is tightly craft- those who are listening because tomor- is called the Health Care Quality and ed so not only to hold the medical deci- Choice Act. Now again for most folks row, Wednesday, and Thursday this sion maker accountable. week this House will make some major who watch Congress and they under- And let me say in brief I had, a cou- stand that there is no requirement that decisions; and if we make the wrong de- ple of years ago I had the opportunity cision like we did last year, then we the actual title of the bill reflect what to speak to the Harris County Medical is in the body of the bill, and we do not will continue to have people denied Society, and after talking about some adequate health care in our country. have any truth in titling here in Con- of the bills I have been working on, the gress, because their bill again falls Our country is too great to do that. first question from a doctor was, and Ms. EDDIE BERNICE JOHNSON of Texas. short. It would force patients harmed by the way, I joked about my daughter by their HMOs to go to Federal court Mr. Speaker, Will enactment of the Norwood- having 2 weeks in medical school, and Dingell Bill lead to skyrocketing health care so you can get behind all the Federal she was not quite ready to do brain sur- cases, and in Texas most of the Federal costs? gery. The first question from that doc- Since Texas began to implement a series of cases are drug cases, and they have tor to me said, you know your daugh- managed care reforms in 1995, our HMO pre- preference; criminal cases have pref- ter after 2 weeks in medical school has mium increases have mirrored or trailed those erence. So their bill would require you more training than the person I call to premium hikes in other states that don't have to go to Federal court. treat my patients. managed care reform bills in place. First, the Federal system is much That is what is wrong with our med- Nationally, health care costs have increased more difficult and expensive to access ical system we have now. We do have by 3.7 percent in 1998 while in Texas, the than State courts, and there are fewer the greatest health care system in the costs increased by only 1.10 percent for the of them, so patients will be forced to world. People come from all over the same period. travel long distances, and particularly world to get to us to have that system, Will enactment of the Norwood-Dingell Bill in rural areas, but even in Houston we but we are denying it to some of our lead to frivolous law suits? have many more State courts in Harris folks who have insurance, and we need Since Texas enacted its Patient's Bill of County, Texas, than we ever have Fed- to change that. We need to make sure Rights in 1997, there have been only five law- eral courts. And worse yet, Federal law that we restore that health care pro- suits in a managed care system that serves gives that priority to criminal cases vider and that doctor so they can talk four million patients. over civil cases. So, in other words, to their patient. This number of lawsuits is low because our maybe a decision will be made on The reason, reasons the consensus patients are fully using the external review whether you should have that bone bill are so insistent on accountability process that is a component of the Norwood- marrow transplant. By the time you provision, because if you do not have Dingell bill. More than 700 patients have used get to Federal court after all the other that, you will not have, they will not the external review process in the past two criminal cases are there, it may be 5 or have the incentive to change their years to appeal the decisions made by health 6 years later, and health care delayed practices, and while opponents of the plans. Of those, about half of the decisions is health care denied. strong binding consensus bill claim it have gone in favor of the HMOs. The Dingell-Norwood consensus bill would dramatically increase health Will the Norwood-Dingell Bill result in em- is the only bipartisan bill that we have costs, we know in Texas it has not in- ployers dropping their employees from health that recognizes medical necessity, that creased health costs in 2 years; and care coverage and thus drive up the number allows the patient and the doctor to de- what we found in Texas, that patients of uninsured families? fine medical necessity based on the are right and about half their appeals It may be too early to tell using our state's medical history and the specific need in the health care plans honor that de- example. But the fact remains that as HMOs of that patient. cision because they do not want to get have increased penetration in recent years, so Appeals process. Again, modeled sued. All the people want is their has the nubmer of uninsured. That is the case after the Texas law, allows patients to health care. They do not want to have in Texas and around the nation. appeal the decision of their HMO to an to go to court; they do not want to Since the Texas Legislature made man- independent external panel of special- have to go to State court, much less aged-care plans liable for malpractice, there ists. Federal court that is in some of the al- have been five known lawsuits from among Access to specialists. As I said ear- ternatives. the 4 million Texans who belong to HMOs. lier, the bill requires health care plans I would hope that my colleagues to- ``The sky didn't fall,'' said Sen. David Sibley, to include access to specialists and morrow would reject the poison pill the Republican who championed the Texas H9398 CONGRESSIONAL RECORD — HOUSE October 5, 1999 version of the Patient's Bill of Rights. ``Those The majority of Americans would rather let’s expand health-insurance access to horror stories,'' envisioned by the health insur- have a strong say in how they receive medical them—insurance that will actually provide ance industry ``just did not transpire.'' treatment than nibbling at the edges of this im- quality health care. Various managed-care While it is too early to see the full effect on proposals will be debated, but it is important portant problem. to look beyond the titles to see what each my state it is evident that the implementation Support and protect the Norwood-Dingell proposal would do to really protect patients. of this legislation has had a dramatic effect on Bill; it's the only way to put doctors, nurses, The fact is, 48 million Americans belong to resolving complaints between patients and and patients back into the business of patient self-funded health-insurance plans that offer their health plansÐbefore they get to the care. very little protection for individuals from courthouse. Mr. SANDLIN. Mr. Speaker, the Lone Star neglectful and wrongful decisions made by Clearly this legislation has acted as a prime State has been a leader in health insurance their insurance plans. Although some motivator for HMOs to settle their disputes reform. The Texas Legislature enacted a law states—Texas, for instance—have passed with their patients. Regrettably, the vast major- laws that protect consumers from health-in- in 1997 which protects patients' rights when surance malpractice, the protections enacted ity of Americans do not have this option. insurance companies stand in the way of com- That's why it is vital that we have national Pa- by states only affect insurance policies li- mon sense and good medicine. censed by the state. We need a national set tient's Bill of Rights that has some teeth in itÐ So what has happened in my home state of guidelines for health-plan conduct. that permits patients to suit their HMOs when over the past two years? Have our courts The Dingell/Norwood consensus managed- treatment decisions result in injury or death as been overrun with frivolous lawsuits? Are fami- care reform proposal is the only bipartisan well as granting patients access to emergency lies saddled with growing premiums? Are bill that provides the necessary protections care and specialty care that is not currently al- HMOs being run out of business? No. Not by to revamp the current managed-care system. This bill, developed over weeks of negotia- lowed. a Texas mile. I strongly believe that the Texas experience tions, would provide every American in an Last week the Washington Post noted that HMO or managed-care plan the fundamental strongly speaks to the benefits of empowering only five lawsuits have been filed against patients and doctors so that they can work rights they need to ensure they receive qual- health plans in Texas. That's five lawsuits in ity health care. Its major provisions are: with the insurance companies in ensuring that two years. Of the roughly six hundred com- Medical necessity: Allows the patient and our health care system provides the best care plaints submitted to the independent review the doctor to define medical necessity based for all Americans. system established under the Texas law, on the medical history and specific needs of Republican Health Care Bill: the patient. about half of the cases have been resolved in The Republicans introduced the Quality Appeals process: Allows patients to appeal Care for the Uninsured Act. This legislation favor of the patients, half in favor of the insur- the decision of their HMO to an independent, does move the health care debate forward. ance companies. And premiums have not in- external panel of specialists. But not very far. It is not a bipartisan bill and creased in our state. In fact, we enjoy some Access to specialists: Requires health plans of the lowest premiums in the country. Almost that include access to specialists to offer ac- it does not address that entire scope of health cess to the specialist that the patient needs. care delivery or what's wrong with managed everything is big in Texas. And now the Lone Star State is not alone. Emergency room coverage: Provides guar- care. anteed access to emergency services to man- At best the Republican bill nibbles around California and Georgia have enacted health aged-care enrollees and requires the plan to the corners of health care debate. It provides care legislation that will enable policyholders pay for those services if a ‘‘prudent for Medical Savings Plans and 100 percent to sue their HMOs. And the majority of mem- layperson’’ believes they are in a life-threat- deductibility of individual insurance premiums bers of this body favor similar bi-partisan legis- ening situation. for the self-insured and uninsured. lation. Accountability: Allows patients harmed by This legislation does nothing to increase ac- Mr. Speaker, the question is no longer their HMO to hold their health plan account- whether such provisions are a good idea, or able in state court. cess to emergency services or ob-gyn. It does While other bills claim to provide these nothing to address the lopsided nature of the even whether they are supported by legisla- same protections for patients, one look be- managed care equation in which insurance tors across the land and here in Washington. yond their titles proves otherwise. The Com- companies make most of the patient deci- The question now is whether or not we, the prehensive Access and Responsibility Act, sions, while doctors and the patients them- House, will even have a chance to consider introduced by Rep. John Boehner, R-Ohio, selves are left in the waiting room. this measure. It will take, from the Republican does not apply to all Americans. It only cov- ers employer-sponsored health plans, and BI-PARTISAN CONSENSUS MANAGED CARE IMPROVEMENT leadership, the courage to stand up to big in- leaves out the most vulnerable insurance ACT (H.R. 2723) surance companies and their scare tactics. And, I think, it will take an ounce of good old consumers—those who do not have an em- H.R. 2723 that has already been introduced ployer to negotiate for them. Moreover, this by Representatives CHARLES NORWOOD and Texas courage. bill has no provision to hold HMOs account- JOHN DINGELL truly addresses the consumer GENERAL LEAVE able when their decision harms a patient. and provider issues that have undermined the Mr. GREEN of Texas. Mr. Speaker, I The other alternative is sponsored by Rep. health care in America. I am a cosponsor of ask unanimous consent that all Mem- Tom Coburn, R-Okla., and Rep. John Shad- this legislation. bers be permitted to extend their re- egg, R-Ariz. This bill would force patients Its independent external appeals process marks and include their extraneous harmed by their HMO to seek remedies in federal court. The practical impact of this will help patients get care quickly and resolve material on the subject of this special disputes without resorting to a court fight. provision would be devastating to patients. order speech that I and my colleagues First, the federal court system is much more Once the appeals process has been ex- have given tonight. difficult and expensive to access than state hausted patients will be able to hold health The SPEAKER pro tempore (Mr. courts. There are fewer of them, so some pa- care plans accountable when they make neg- TOOMEY). Is there objection to the re- tients could be forced to travel long dis- ligent decisions that result in patient injury or quest of the gentleman from Texas? tances. Worse yet, because federal law gives death. At the same time, this legislation in- There was no objection. priority to criminal cases over civil cases, patients seeking remedies could be forced to cludes safeguards to protect employers from WHILE COVERING UNINSURED, LET’S FIX wait years while the backlog of criminal lawsuits and punitive damages against health MANAGED CARE plans that comply with the external review de- cases clears. Finally, this bill does not allow (By U.S. Rep. Gene Green) chronically ill patients to designate their termination. As the Congress prepared to debate several specialist as their primary-care provider. This legislation also provides patients with HMO reform bills this week, House Speaker This means that every time they need to see other essential protections including access to Dennis Hastert, R-Ill., has stated his inten- their doctor, they have to go to another pri- specialty care, emergency care, clinical trials tion to include in the managed-care reform mary-care doctor first and get a referral. and direct access to women's health services. debate, health-care-related tax cuts. These Accountability and enforcement for med- Patients who need to go out-of-network for incentives, called the ‘‘access package,’’ are ical decisions is the critical issue in the care will have access to a point-of-service op- intended to allow tax cuts to the 44 million HMO debate. Without an effective account- tion. uninsured Americans who cannot afford ability provision, managed-care companies I look forward to a fair debate between our health-care coverage. will never have an incentive to change their While it is important that everyone has ac- practices of placing profits before patients. bi-partisan Patient's Bill of Rights versus the cess to affordable health care, the issue that And while opponents of the strong and bind- Republican Leadership's alternative. Once the Congress has been debating for several ing Norwood-Dingell bill claim it would dra- American people fully understand what's in months and that we should resolve, is how to matically increase health costs, we in Texas each billÐI am confident that the bi-partisan reform our current managed-care system. If know it won’t. The majority of the ‘‘expen- bill will prevail. we are truly concerned about the uninsured, sive’’ provisions in the bill—which include October 5, 1999 CONGRESSIONAL RECORD — HOUSE H9399 accountability, decisions of medical neces- The problem is in this area that fre- worried that with the association sity and external appeals—were modeled quently there are jurisdictional dis- health plan measure in the access bill after the Texas law. What we have found in putes between whether the State has that it could have unintended con- Texas is that patients are right in about half the right to oversee those plans in sequences to actually increase the cost of their appeals and health plans honor that decision. Since the law took effect, health- some ways, or the Federal Government of insurance for those who are, for in- cost increases in Texas have been a reflec- does, and that frequently ends you up stance, in the individual market, the tion of rising prescription drug costs and in- in court fighting that out or with legal individual health insurance market. flation—just as we have seen in every other disputes. That needs to be clarified by Nevertheless, we are going to have a state. Congress. debate on that. I anticipate there will It is our responsibility to ensure that pa- But one thing is pretty clear, and be some support for that bill from both tients get the high-quality health care they that is that there has been a universal sides of the aisle. Then we are going to pay for and deserve. When Americans buy feeling that if you are in an employer- have a debate on how to improve the health insurance, they should not have to based plan, both the red and the white lose their relationship with their doctor or health care for those people in this worry if their insurance plan will pay for the in this circle, that then you are shield- country who are already spending a lot medical bill as they are heading to the emer- ed from any responsibility, any legal of money on health care. gency room. It is time that we provide pa- responsibility, for bad actions that But while I have this chart up here, I tient-protection rights for consumers and for could result from the medical decisions think it is useful to point out some- managed-care plans to be made accountable that your health plan makes. The thing, because there was a recent study for delivering quality care and respecting health plan is shielded from their neg- by the Kaiser Family Foundation on basic consumer rights. ligent actions. That is something we the relative cost of lawsuits in com- f need to address here in a few minutes. paring those people who are in the CONTINUATION OF DISCUSSION ON Now, we are going to be debating in ERISA plans who are shielded, whose HEALTH CARE the next two days both a bill related to plans are shielded from liability, to increasing the number of people in this The SPEAKER pro tempore. Under those that are in non-ERISA plans country that are inside this square, where you can obtain legal redress the Speaker’s announced policy of Jan- i.e., those that have insurance, and we uary 6, 1999, the gentleman from Iowa against your HMO if they commit an are going to be debating what quality injury to you or your loved one. (Mr. GANSKE) is recognized for 60 min- of care those who are inside the circle utes. Remember this: Government employ- receive. ees are in non-ERISA plans. That Mr. GANSKE. Mr. Speaker, I appre- Let me speak for a minute about ciate the remarks of my colleagues means that government employees those that are off the chart, the 44 mil- have a right to sue their HMO. But if from across the aisle as they relate to lion Americans that do not have health you receive your health insurance from health care. I am going to continue the insurance. your employer, either through an em- discussion on health care, and if my This number has gone up steadily colleagues from Texas want to con- over the last several years. As a per- ployer offering fully insured products, tribute to some of this, that would be centage of the number of people in this like HMOs or self-funded products, you just great; and I will be happy to recog- country, however, it is staying about do not. So this is a good comparison, the nize them periodically. the same, about 16.2 percent. In other comparison on premiums and on the in- Let us talk a little bit about how words, the number of people in our cidence of lawsuits between those that people receive health care in this coun- country is increasing as well. try. Who are those people who are not in- can sue, i.e., churches, people in So I have a chart here I want to share side the box, that do not have health churches or public sector employees or with my colleagues. insurance? They are primarily the individuals, versus those that cannot. The Kaiser Family Foundation found b 2130 young, i.e., those between 18 and 24, and the poor, and there is a sizable per- out that the incidence of lawsuits in Let us just assume that this square centage of them who qualify for Fed- those who are in plans where you can represents all of the health insurance eral programs already, but they are not sue is very low, and that the cost, the market, and the circle represents, both enrolled. estimated cost for providing that right red and white in the circle, employer- There are 11 million uninsured chil- to those who do not have it, would be based health insurance. So that you dren in this country today. More than in the range of 3 to 12 cents per month have about two-thirds of employer- half of those children qualify for Fed- per employee. That is a rather modest based health insurance, consisting of eral programs to pay for their insur- cost when you think about how that employers offering fully insured prod- ance, either through Medicaid or could prevent something truly awful. ucts, i.e., you have your small business through what we call the children’s Let me describe a case that is truly that contracts with an HMO. About health insurance plan, the CHIP pro- awful. We have here a little boy, a one-third of employer-based health in- gram. beautiful little boy about 6 months old, surance is what we call self-funded em- Why are they not enrolled if they are and he is tugging on his sister’s sleeve. ployer plans. Then you have, outside of qualified? Frequently it is a matter His name is James. the employer-based health insurance, that the parents do not even know Sometime shortly after this picture you have health insurance that is pro- about it, or the states and Federal Gov- was taken he became sick. At about 3 vided by churches and certain non- ernment have not done a very good job in the morning he had a temperature of profit organizations, Medicare, Med- in making sure that people who qualify 104 or 105, and his mother, Lamona, icaid, public sector employees, i.e., take advantage of those benefits. That looked at him and she knew he needed government employees, both Federal would go a long way. If you could re- to go to the emergency room because and State, and you have individuals duce the number of uninsured children he was really sick. So she phones her who buy insurance policies. in this country by 5 million simply by HMO on a 1–800 number and says, ‘‘My Now, Congress passed a law related getting those children into the pro- little boy is really sick and needs to go to pensions about 25 years ago called grams that already exist, you have to the emergency room.’’ Some disem- the Employee Retirement Income Se- made a big dent in the number of unin- bodied voice over a 1–800 telephone line curity Act, and those people who re- sured. We ought to do that. who has never seen Jimmy Adams ceive insurance from their employer, We are going to be debating on the says, ‘‘Well, I guess I could let you go, those within the circle here, are under floor some tax measures, some meas- but I am only going to authorize you to that law, the ERISA law. ures related to changes in what are go to one hospital that we have a con- Now, about two-thirds of those em- called association health plans; there tract with.’’ The mother says, ‘‘That is ployer-based programs are under both will probably be some debate on med- fine, where is it?’’ The medical re- Federal and State regulation. To some ical savings accounts, some things like viewer says, ‘‘I don’t know. Find a extent states regulate those plans, but that. map.’’ the white area here is totally regulated Some of those areas I agree with; Well, it turns out it is a long ways by the Federal law. some I have some problems with. I am away, 70-some miles away, and you H9400 CONGRESSIONAL RECORD — HOUSE October 5, 1999 have to drive through Atlanta to get trated, because the only recourse that responsible? I do not know how one can there. So at 3 in the morning mom and Jimmy has at this point in time is the justify his other actions. Do we only dad wrap up little Jimmy and they fact that the HMO paid for his amputa- talk about responsibility if it does not start out in their truck. About halfway tions. That has caused some judges like involve some big special interest through they pass three hospitals that Judge Gorton in Turner v. Fallon to money? Let us think about this for a have emergency rooms, but, you know, say, ‘‘Even more disturbing to this minute. they have not received an authoriza- court is the failure of Congress to How about the issue of tort reform? tion from their HMO to stop there, and, amend a statute that, due to the This is tort reform. This is fairness. if they do, their HMO is not going to changing realities of the modern health When we have a system that is tilted, pay for it. care system, has gone conspicuously that is unbalanced, it creates distor- They are not medical professionals. awry from its original intent.’’ That tions. What we are talking about is They do not know exactly how sick statute that he is talking about is the that there is no other industry in this Jimmy is, so they decide to push on. Employee Retirement Income Security country that has this type of liability Unfortunately, before they get to the Act, ERISA, that 25 years ago was shield. authorized hospital, I would say an un- meant to be a plan that would protect If an automobile manufacturer came reasonably long distance from where employees in terms of their pensions. to us and said, you know, I do not think under ERISA we should be liable their home is, little Jimmy has a car- b 2145 diac arrest. for any of the bad things we do, or if an So picture mom and dad trying to It has been turned on its head as a airplane manufacturer said that, I keep Jimmy alive in the car while they protection for employers and for health think they would get laughed off Cap- are driving like crazy to get to the hos- plans, not for employees. Federal itol Hill. I mean, if they do a negligent pital emergency room that has been judges are saying, Congress, fix it. action that cost the lives of our con- authorized. They pull in to the drive- Judge Garbis, in the case Pomeroy v. stituents, then they should be liable. way to the hospital, the mother leaps Johns Hopkins, says the prevalent sys- They are not coming to us for that. out holding little Jimmy screaming tem of utilization review now in effect So we have this bizarre situation ‘‘help me, help me,’’ and a nurse comes in most health care programs may war- where an organization which is making running out and starts mouth to mouth rant a revaluation of ERISA by Con- daily life and death decisions by a 25- resuscitation. They put in the IVs, gress so that its central purpose of pro- year-old antiquated law that needs to they pump his chest, they get him tecting employees may be reconfirmed. be updated in one particular area has moving, they get him going, the little A judge looked at this case involving an exemption from responsibility for guy is tough and he lives. little Jimmy Adams. He reviewed the their actions. Unfortunately, because of that medi- case. Do you know what he said? He States’ rights, let us talk about that cally negligent decision, that medical said, the margin of safety by that HMO for a minute. Today in our Republican judgment by the HMO that caused the was ‘‘razor thin.’’ I would add to that, Conference we had a discussion on pa- cardiac arrest before he got in a timely about as razor thin as the scalpel that tient protection legislation. I pointed fashion to an emergency room, little had to cut off his hands and his feet. out that a couple of the bills that will Jimmy ends up with gangrene of both Judge Bennett, in Prudential Insur- come up in the next 2 days seek to take hands and both feet. No blood supply to ance Company v. National Park Med- away from State jurisdiction personal both hands and both feet, and both ical Center, said, ‘‘If Congress wants injury and move it into Federal courts. hands and both feet turn black and the American citizens to have access to After we had a discussion about that, dead. adequate health care, then Congress which I am going to discuss some more, So, what happens? This is little must accept its responsibility to define I said, somewhat tongue in cheek, to a Jimmy after his HMO care. Under that the scope of ERISA preemption and to colleague of mine from South Carolina, Federal law, the only thing that that enact legislation that will ensure every I just, I just do not understand how a HMO is liable for is the cost of the am- patient has access to that care.’’ successor for John C. Calhoun, the putations of both his hands and both So I ask my colleagues on both sides major proponent of States’ rights, how his legs. of the aisle, but especially my col- Republicans who have repeatedly said, This little boy will never be able to leagues, my fellow Republicans, do the hey, we need to get big government off play basketball. This little boy will right thing in the next 2 days, and you your back and devolve power back to never be able to wrestle. Some day, will be fulfilling Republican principles. the States, and we have said that on when he gets married, he will never be What are those principles? Those education, we have said that on wel- able to caress the cheek of the woman principles that we Republicans have fare, we have said that on all sorts of that he loves with his hand. talked about are individual responsi- things, I do not know how a representa- I asked his mother how he is doing. bility. We have been for tort reform, we tive from South Carolina could be for Well, he is learning how to put on his have been for States’ rights, we have moving this to Federal court under two bilateral leg stump, his leg prosthesis been for market reform. We have been of the bills that we will, I hope, defeat with his arm stumps, but he needs a lot for adequate enforcement on some of in the next 2 days. And my friend said, of help in getting on his bilateral the legislation we have passed. We are yes, but John C. Calhoun is dead. And hooks. He is always going to be that all for fairness. a voice from the back of the room said, way. He is doing great. He is a coura- Let me go into this in a little bit yes, but he passed away because of his geous little kid. more detail. I do not know how some- HMO. But I ask you, how is it that when body who has voted for welfare reform, Well, I think that when we are look- HMOs under employer systems are where we say that if a person is able- ing at States’ rights, this is really im- making medical judgments and deci- bodied, that they have a responsibility portant. Since the beginning of our sions that can result in losing your to go out and work, to get an education Constitution, in the area of personal hands and your feet, that the only to work and support their family, that injury, this has been an issue that has thing those plans are responsible for is is a Republican principle of responsi- been handled at the State level. the cost of the amputations? Is that bility. That was the major thrust of My father managed a grocery store. fair? Is that justice? If that HMO had our welfare reform bill. What was one of the things he always known that they would be liable, they Republicans have repeatedly on this watched out for? A grape on the floor would have been much more careful, floor, my fellow Republicans, myself in the produce department, because and they would have said, ‘‘Take him included, said that if somebody com- somebody could slip on a piece of to the closest emergency room,’’ not 70 mits murder or rape, then they ought produce and hurt themselves, and once miles away. That would have helped to be responsible for that. How can we in a while that happened. Once in a prevent this. say that a health plan or an HMO while then you had a lawsuit arise out It is cases like this that have come which makes a medical decision that of that. That is handled, if you are before the Federal judiciary that has results in a little baby boy losing his talking about any national retail caused our Federal judges to be so frus- hands and feet, that they should not be chain, whether you are talking about October 5, 1999 CONGRESSIONAL RECORD — HOUSE H9401 Target or whether you are talking amendments, as we call them, is that ton, most of the cases in our Federal about Wal-Mart, anything like that transfer to Federal court, in my experi- District Courts are drug cases and today is handled in your local State ence as a lawyer, again, practicing law, criminal cases. They do not try as court. That is where it should be han- I did not want to go to Federal court. many civil cases as they used to. All dled. I had one case in my almost 20 years of these issues would be behind those But under two of the bills that we are practicing law that was in Federal criminal cases, because I want them to going to be debating, the major thrust court, but I liked the State court one do those criminal cases. We want that of the liability provisions is that you because you could get to court quicker, justice swift for someone who is ac- take those out of State jurisdiction you had more access, more judges in cused of violating our law, so they can and put them into Federal. That just the court. either be found not guilty, or start stands our Federal-State relationship Again, the Federal courts under our serving their time. on its head. It would be the biggest rules now, and we voted for them, they Mr. GANSKE. Let us be specific usurpation of Federal big government would give preference to criminal about this. The two bills that are going power that I think I have ever seen in cases. I want that to still be the case. to come before us that would move an Congress, and unnecessary. I want them to be able to handle the entire area of State law into the Fed- What the bipartisan consensus man- drug cases in the Southern District of eral courts are the Coburn-Thomas aged care bill says is that when we Texas, because that is the over- substitute and the Houghton sub- have a problem that requires that you whelming number we get in our Fed- stitute. go to court because of a health plan’s eral courts. I do not want to continue What are some practical implications problem, you simply go back to State to add more cases to the Federal court for that? The gentleman has already court, to a jurisdiction where it has al- when they cannot deal with the crimi- alluded to some of them. Let me speak ways been in the past. We are not cre- nal cases now. from Iowa’s perspective. I represent ating a new cause of action, we are So that is what worries me about al- central and southwest Iowa. In Iowa we simply returning it back to where it lowing these to be brought in Federal have 99 counties. There is a State was before 25 years ago. court. It will just delay it. They will courthouse. There is a county court- Why is that important? Well, when have to be behind the criminal cases. house in every one of those counties, we are talking about the issue of Fed- Why should we not take advantage of and a State court, but there are only eral versus State jurisdiction, I would the State courts, because these are two Federal courts in Iowa, one in Des read this report by Chief Justice Wil- State issues? Typically, insurance has Moines and one in Cedar Rapids. liam Rehnquist, Chief Justice of the been a State-regulated commodity, ex- In Texas, I know there are 372 State Supreme Court. He said, ‘‘This prin- cept on ERISA, but we have a right as courts, but there are only 39 Federal ciple was enunciated by Abraham Lin- a Member of Congress and as a Con- courts. Texas is a bigger State than coln in the 19th century and Dwight Ei- gress to say, on these issues, go back to Iowa. How about in Oklahoma? There senhower in the 20th century. Matters your State court. I think that is good. are 77 State courts, but one Federal that can be handled adequately by the The gentleman used the great exam- court. States should be left to them. Matters ple of his father, who managed produce. What does that mean? That means that cannot be handled should be un- If somebody had slipped on that grape, that if we look at being able to get our dertaken by the Federal Government.’’ they were going to State court. Wheth- Do Members know what? I will bet say in court, and we have to go to Fed- er it is Wal-Mart or Safeway or anyone there is not a single Congressperson eral court in Iowa, someone may be else, why should they not be able to go here who has gotten a phone call from traveling 200 miles to get into Des one of his constituents complaining to State court, just like they would if Moines, instead of going to the county that their State court has not been there is a personal injury? seat. In Texas, I imagine, out in the Mr. GANSKE. Reclaiming my time, able to take care of those problems of panhandle, it could be significantly Mr. Speaker, I think the gentleman personal injury. I do not think that we longer distances. Then you have the would agree, if a Wal-Mart came to are going to find very many Congress- travel expenses, and as you mentioned, men that think that their States are Congress and said, we think that we under a law that passed Congress about not able to handle this, their State ought to take slip and fall injury out of 25 years ago, the Federal judiciary is courts are unable to handle this. So the State court and make it a Federal law, bound to handle criminal cases first be- bill that I support simply says, return a Federal tort, does the gentleman not fore they can handle these. think they would be laughed off Cap- the jurisdiction to that. b 2200 Look, if a State wants to pass a law itol Hill? And Chief Justice Rehnquist has told like Texas did on managed care liabil- Mr. GREEN of Texas. I would hope us that the Federal court system in the ity, or like California did, they can de- so. Again, I thank the gentleman for last 2 years has had a 22 percent in- vise whatever law they want to. Under yielding to me. There are certain cases the bill, the bipartisan managed care the Federal court needs to be dealing crease in their caseload. They do not consensus bill, we do not tell them how with. want this jurisdiction. They are under- to do it in California or how to do it in We have not created Federal courts staffed now. If we look at current Fed- Texas. For all I know, a State could on the floor of this House. The Senate eral judicial vacancies, there are cur- pass a law that would say, we do not has trouble even filling the vacancies. rently 65 judicial vacancies. Twenty- think that any employer ought to be But there are so many more opportuni- two Federal jurisdictions, because of liable for anything. And under our bill, ties for justice to be had in the local the case overload, are called emer- that is the way it would be handled in and State courts. gency jurisdictions. We anticipate that that State, because I believe philo- Like I said, in Harris County, Texas, there will be another 16 vacancies in sophically that this is where the deci- Houston, Texas, we have dozens more the next 6 months. sion should be made, in the States. I State judges than we do Federal That adds up to an understaffed Fed- am willing to walk the talk. judges. And again, we have State eral system, long distances, and for I wonder if the gentleman from Texas courts for civil jurisdiction, and we what purpose? The State courts are (Mr. GREEN) would like to interject a have the district courts, depending on doing their job. I can hardly believe comment. the size of the loss. We could go to a that some of my Republican colleagues Mr. GREEN of Texas. I thank my col- county court if it is a small loss, would be in favor of expanding the big league, one, for being willing to do this whereas on the Federal level, you are Federal Government in this area at the night after night, and I know how firm in there, whether it is your small case, expense of their States. he is in his belief, because I have you are in there with those multi-mil- And we have talked about the fact watched the gentleman in our com- lion dollar cases, but also you are be- that criminal case filings in Federal mittee, in the Subcommittee on Health hind the criminal cases. court are up 15 percent in 1998 alone. in the Committee on Commerce. Again, our experience in the South- That is because Congress has passed The fear I have from some of the op- ern District of Texas with the border some laws related to increased crimi- tions tomorrow, some of the poison pill region we have that comes up to Hous- nal penalties. We have talked about the H9402 CONGRESSIONAL RECORD — HOUSE October 5, 1999 fact that those criminal cases have pri- ment Income Security Act, the ERISA In other words, they can consider ority in the Federal cases. So what law. They analyzed the language in our those plan guidelines on medical neces- does this mean? It means that con- bill that is designed to protect employ- sity, but they can take into consider- sumers are not going to get a speedy ers. They specifically addressed the ation the medical literature, prevailing resolution of their problem with an claims by those opponents to our legis- standards of care, NIH consensus state- HMO if they have to go to Federal lation. They say that those claims that ments. In other words, the things that court. our bill does not protect employers do are necessary in order to make a deter- Now, some people, i.e. some of the not represent an accurate analysis of mination. HMOs, they would love it if they could the employer protections in the bipar- We say they cannot overrule a spe- delay 5 or 6 or 7 years. They would es- tisan bill. The claims that the bill cific exclusion of coverage. And so let pecially love it if we do not change would subject plan sponsors or employ- me just say there is nothing in this leg- ERISA because maybe the patient is ers to a flood of lawsuits in State islation that prevents an employer who dead by then and at that point in time courts over all benefit decisions and has business in many different States under the ERISA law they would be suggests that plan sponsors, i.e. em- from being able to design a standard liable for nothing. ployers, would be forced to abandon benefits package. There is nothing in In Chief Justice Rehnquist’s 1999 pro- their plans is incorrect for the fol- this bill that says that they now have posed long-range plan for the Federal lowing reasons: to follow State mandates as it regards courts he said, ‘‘Congress should com- Number one, most lawsuits would not to benefits. mit itself to conserving the Federal be against employers. Under current All we are saying is that if they are courts as a distinctive judicial forum ERISA preemption, lawsuits seeking up front and say they do not cover bone of limited jurisdiction in our system of State law remedies for injury or wrong- marrow transplants, then that inde- Federalism. Civil and criminal jurisdic- ful death of group health plan partici- pendent panel, even if the patient tion should be assigned to the Federal pants are already allowed in numerous needs it, cannot tell the health plan courts only to further clearly define a jurisdictions; and those cases show that they have to give it. But if they do justified national interest, leaving to that those suits are normally brought not have a specific exclusion and that the State courts the responsibility for against HMOs, not against employers. patient needs it, then the independent adjudicating other matters.’’ Mr. DREIER. Mr. Speaker, if the gen- panel can tell the plan they have to And I have here a letter from the Na- tleman from Iowa will yield, I would provide it; and if the plan follows the tional Association of Attorneys Gen- simply like to congratulate my friend recommendation, then we have a fair eral that says, ‘‘Any Federal legisla- and tell him that I have just filed a compromise. tion enacted should at a minimum pro- rule, which in fact, will allow us to The Democratic side of the aisle vide full authority for states to enforce have the freest, fairest debate that we made a big compromise on this. It is all legal standards independently of have had in over a quarter century on that if the health plan follows that rec- Federal entities.’’ the health care issues. ommendation by the independent I have here a letter from the Na- We anxiously look forward to bring- panel, then there can be no punitive tional Conference of Chief Justices re- ing that measure up tomorrow morning damages against that employer; and here on the House floor, and we will lating to this Federal-State issue. They that would be a punitive damages relief continue to debate it into Thursday. say relating to court jurisdiction, not just for group health plans but also And I thank the gentleman for yield- ‘‘Following the exhaustion of adminis- for all other health plans. Individuals ing, and I look forward to his contin- trative remedies and consistent with as well. Not just for ERISA plans but ued remarks. for non-ERISA plans. That is a major the general principles of Federalism, Mr. GANSKE. Mr. Speaker, I thank compromise, but it is a fair one be- State courts should be designated as the gentleman from California (Mr. the primary forum for the consider- cause if the plan follows the rec- DREIER), chairman of the Committee ation of benefit claims.’’ on Rules for his comments. ommendation of the independent panel I think that quite frankly if the na- Mr. Speaker, let me continue on that has made the decision, then they tional governors are aware that we are talking about this analysis that was cannot be maliciously liable for some- about ready to take away State juris- done by a leading law firm on how the one else’s decision. diction in something like this, they are bill that I support, the Norwood-Din- But we need to have the liability pro- going to come out pretty darn strongly gell bill, bipartisan consensus managed vision in there as the ultimate inducer against a piece of legislation that care reform act actually does protect to the HMO to follow the law. Why is usurps State authority. employers. And there are about four or that? Let me give an example from Now, let me move on to something five points that this legal brief makes. Texas. Texas just passed this HMO re- that the gentleman from Missouri First is that lawsuits would not be form bill that includes liability for talked about in terms of how our bill, against plan sponsors. Second is that health plans. In that bill they say that the bipartisan managed care bill, the plan sponsor is limited. Third is that if a physician recommends treatment Norwood-Dingell bill either does or the statute’s plain meaning limits em- to a patient, say a patient is in the does not protect employers, because ployer liability. And the fourth is that hospital but the HMO says no, we do this is a crucial point. I would say that they point out several reasons why the not want to pay for it but the physi- it does protect employers. As a physi- private sector health care would not be cian says, hey, this patient could suffer cian who ran a medical office, and who destroyed. injury, then under the law that dispute has a lot of friends who run medical of- This is what is in our liability provi- is supposed to go immediately to a peer fices, employing a lot of people pro- sion. It basically says that if there is a review organization for a determina- viding health insurance for them, I problem, it goes back to State jurisdic- tion. It is supposed to be sent there, would not be in favor of a bill that tion. But we do not want to increase the determination is supposed to be would say that they would now be lia- the number of lawsuits. We want peo- sent there by the plan. ble for a decision by their HMO that ple to get the care that they need be- Well, about a year or so ago after they have contracted with for their fore they lose their hands or lose their this law was passed in Texas, a psy- employees that would put them at risk. feet like the little boy who I showed. chiatrist who was taking care of a man The bill that we have does not. So what we do is we say that an HMO who was suicidal. He was in the hos- We simply say this: that if one hires should have an internal appeals process pital. The psychiatrist thought that an HMO as a business and that HMO in a timely fashion, but that if the pa- this man could commit suicide and so makes a decision that results in an in- tient or family is not still happy with he told the health plan this patient jury to the patient and you as an em- a denial of care at the end of the inter- needs to stay in the hospital. The ployer have not entered into that deci- nal appeals, they go to an external ap- health plan said no we are not going to sion, then you are not liable. Period. peal by an independent peer panel of pay for it any more. Send him home, I have here an assessment by one of doctors that can make a binding deci- and told the family that. Now, under the leading law firms in the country sion on the health plan and does not Texas law they were required in that that deals with the Employee Retire- need to follow the plan guidelines. situation to get an independent peer October 5, 1999 CONGRESSIONAL RECORD — HOUSE H9403 review decision, but they did not. They Court Justice who says, please, do not cess to health coverage through did not follow the law. They just told load up the Federal judiciary any more HealthMarts, and for other purposes, the patient to leave. So the patient than what would be absolutely nec- and for consideration of the bill (H.R. went home that night. He drank half a essary for national security. Do not 2723) to amend title I of the Employee gallon of antifreeze and he died. It took take away jurisdiction from the States Retirement Income Security Act of him 2 days of a horrible, painful death. if they are doing a reasonable and good 1974, title XXVII of the Public Health Now, in that circumstance under job; and they are in this area. Service Act, and the Internal Revenue Texas law, that health plan is now lia- So I just have to ask my Republican Code of 1986 to protect consumers in ble. They did not follow the law. If we friends, it seems to me that if they are managed care plans and other health did not have liability, why would any for States rights, if they are for respon- coverage, which was referred to the plan ever follow the law? It will take sibility, then they would be against a House Calendar and ordered to be about two or three cases like that and bill that would remove this authority printed. then the health plans in Texas will de- from the States. They would be against f cide, we had better follow the law be- the Coburn-Thomas bill. They would be fore a patient goes home and commits against the Houghton substitute. They DRUG PROBLEMS IN AMERICA suicide. would be for the Norwood-Dingell bill. The SPEAKER pro tempore (Mr. That is part of the reason why we Those are Republican principles, and TOOMEY). Under the Speaker’s an- need enforcement. But I honestly think they will be done at a very modest nounced policy of January 6, 1999, the that if we combine the appeals process, cost. gentleman from Florida (Mr. MICA) is if we combine the provisions in our bill As I said before, we are looking at, recognized for 60 minutes. related to emergency care, related to for an average family of four, poten- Mr. MICA. Mr. Speaker, I thank the clinical trials, related to physicians tially an increase in the cost of pre- Chair for the opportunity to come be- being able to tell their patients all of miums of about $36 a year. That is fore the House this evening, as I do on their treatment options, and we follow money that my constituents tell me is most Tuesday evenings when the House an internal and external appeals proc- well worth it if it can reassure them is in session, to talk about an area of ess, that we are actually going to de- that they are going to be treated fairly responsibility that I inherited in this crease the incidence of injuries, and we by their HMO. particular session of Congress. That re- are going to decrease the number of So when we have our debate in the sponsibility is Chairman of the Sub- lawsuits. next day or so on this, let us try to get committee on Criminal Justice, Drug past some of the special interest smoke Policy and Human Relations of the b 2215 and mirrors and Chicken Little state- House. It is an investigations and over- That in fact has been what Texas has ments. Let us do something right. Let sight panel of Congress. found out. us do something for justice. Let us cor- One of its primary responsibilities is Before they passed the Texas law, the rect a problem that Congress created 25 to try to develop a coherent and effec- HMOs, the business groups, they lob- years ago. Let us be for our principles tive national drug policy. It is a very bied furiously against that law. They of States rights and responsibility, and difficult task, but a very important said the sky will fall, the sky will fall. not tilting the deck against a fair mar- task, because illegal narcotics have There will be an avalanche of lawsuits. ket. taken an incredible toll among our Premiums will go out of sight. The Let us be for the Norwood-Dingell Bi- citizens. HMOs will all leave Texas. partisan Managed Care Reform Act. We have a costs estimated at $250 bil- What has happened? There has just Vote, I would say to my colleagues, lion a year affecting our economy, not been a couple lawsuits like the one I however my colleagues want on the ac- only the cost of criminal justice, but mentioned where the plans did not fol- cess bill. My colleagues are going to lost employment, social disruption, low the law. Premiums have not gone have to balance some of those indi- costs that just transcends every part of up any faster in Texas than they have vidual provisions. If it passes, it will go our society. Those are the dollar and anywhere else. In fact, they still have to conference. But I would urge my col- cents costs, not talking about human lower than average premiums. There leagues strongly to vote against the suffering and the effects on families were 30 HMOs in Texas before this law Coburn-Thomas bill and against an- and children across our Nation. Cer- passed. There are 51 HMOs in Texas other substitute that would be against tainly illegal narcotics must be our today. The sky did not fall. our Republican principles of States biggest social problem. There have been over 600 decisions rights and individual responsibility. Additionally, the statistics are stag- made to resolve disputes because of f gering as to the number of people in- that Texas law, and more than half of carcerated. Somewhere between 1.8 them have been decided in favor of the REPORT ON RESOLUTION PRO- million and 2 million Americans are in health plans; and that has provided an VIDING FOR CONSIDERATION OF jails and prisons, Federal facilities, adequate relief to the patients to know H.R. 2990, QUALITY CARE FOR across the Nation. It is estimated that that they are getting the right care. THE UNINSURED ACT OF 1999, 60 to 70 percent of those individuals in- But half of the time the independent AND H.R. 2723, BIPARTISAN CON- carcerated are there because of a drug- panels have decided for the patient, SENSUS MANAGED CARE IM- related offense. and so they have gotten the treatment PROVEMENT ACT OF 1999 Now, there are many myths and mis- before an injury has occurred. Mr. DREIER (during special order of conceptions about some of these prob- This is just common sense. All our Mr. GANSKE) from the Committee on lems related to illegal narcotics. To- bill does in terms of ERISA is say that, Rules, submitted a privileged report night, I would like to touch upon a few let the State jurisdiction as it relates (Rept. No. 106–366) on the resolution (H. of them. to liability function. In Texas, one has Res. 323) providing for consideration of As Chairman of this subcommittee to follow these rules and regulations. the bill (H.R. 2990) to amend the Inter- with this responsibility, I have tried to There are protections for employers. nal Revenue Code of 1986 to allow indi- not ignore the problem, not ignore the That is the law as it relates to liabil- viduals greater access to health insur- various alternatives, but try to have an ity. ance through a health care tax deduc- open, free, and honest debate in our California just passed an HMO liabil- tion, a long-term care deduction, and subcommittee and also stimulate it ity bill. That would be the way that it other health-related tax incentives, to here in the Congress and the House of would be handled in California. This is amend the Employee Retirement In- Representatives and among the Amer- federalism. This is returning power to come Security Act of 1974 to provide ican people, because we have a very, States. This is following up on Repub- access to and choice in health care very serious problem facing our Na- lican principles where the States are through association health plans, to tion. the crucible of democracy. This is fol- amend the Public Health Service Act In that regard, we have held a num- lowing the Constitution. This is fol- to create new pooling opportunities for ber of hearings, on average, three or lowing the remarks of the Supreme small employers to obtain greater ac- four a month in this year. Prior to my H9404 CONGRESSIONAL RECORD — HOUSE October 5, 1999 assuming that responsibility, that re- national programs would be stopping So in all of these usages by 12th grad- sponsibility was held by the former illegal narcotics at their source. ers, we see a decline up until this chairman of the Subcommittee on Na- This is an interesting chart in that it change in the drug policy. Then we see, tional Security, International Affairs, shows, again, a dramatic reduction. My again, the change in Federal leader- and Criminal Justice on which I served. colleagues see back where the Repub- ship, the attitude, the ‘‘just say That individual who chaired that re- licans, new majority took over. Right maybe,’’ cutting the drug czar’s office, sponsibility and that subcommittee now, in 1999, we are getting back in 1992 cutting the programs as far as the sup- was the gentleman from Illinois (Mr. dollars to where we were in 1992 and ply, the incredible supply of illegal HASTERT) who is now the Speaker of 1999 on these international programs. narcotics coming into the country, and the House of Representatives. He re- These international programs do then this upsurge. Then again in 1995, awakened some of the interest in this make a difference. For example, let me the Republicans took control, began in- topic and also certainly gave impetus cite, if I may, one success that we have stituting this policy and changing it, to congressional action for a refocus, seen from the Coast Guard. The Coast and now we see a decline and beginning reexamination of this issue. Guard seized a record 111,689 pounds of of a reversal. Because we know that a I might, as I have done in the past, cocaine with a street value of $3.9 bil- multifaceted approach to illegal nar- review a bit of the history of the illegal lion in fiscal 1999, an increase of 35 per- cotics works. narcotics problem and the efforts of cent over last year, the agency said on First, we have to stop drugs cost ef- this Congress and past Congresses to Tuesday. fectively at their source, then we must deal with this problem. b 2230 interdict those illegal narcotics before During the Reagan administration, they come in. And I might say, even to and having been a staff member in the More than two-thirds of the cocaine those legalizers, to those who have other body during 1981 to 1985, I wit- seized in 1999 was the Miami-based 7th been in town, including Governor John- nessed firsthand the beginning of what Coast Guard district that included son of New Mexico, promoting legaliza- was actually a war on drugs, a multi- Florida, South Carolina, Georgia, Puer- tion of what are now illegal narcotics, faceted approach to attacking illegal to Rico, the Virgin Islands, and most of even under their plan, it would still be narcotics, drug abuse, and misuse by the Caribbean. Secretary of Transpor- a requirement for the United States to our population. That was continued for tation who oversees the Coast Guard, stop illegal narcotics at their source. the most part through the Bush admin- and in this case Secretary Slater, at- They would be illegal, even if they istration until, again, this House of tributed the record seizures in part to were legalized in the United States; Representatives and the United States a 10-month-old counternarcotics initia- drugs through interdiction. Senate and the White House were all tive in the Caribbean. And that, of And, again, education, which I think dominated by one party in 1992 with course, was funded by the initiative Governor Johnson and others have that election. that was undertaken by the gentleman been promoting along with legaliza- It happened to be the year I was from Illinois (Mr. HASTERT) some 2 tion, does not work. We find the same elected, so I saw firsthand the disman- years ago in restarting a war on drugs thing that is very interesting in this tling of any real Federal effort with re- and, again, a Federal responsibility to administration’s approach to tobacco. gard to illegal narcotics. The national stop drugs at their source and inter- They have done everything they can to drug policy was pretty much taken dicting them. bring tobacco companies into lawsuits. apart, dismantled. Our interdiction ef- What I have spoken to here is really They have expended incredible historic forts, which is a national responsibility the success of the interdiction. This amounts in anti-narcotics advertising were decimated, halved. chart shows the failure of interdiction and have forced attention to the prob- The source country and international and the cutting in just about half of ex- lem as far as education of young peo- programs, also a Federal responsi- penditures for interdiction, that is ple. But what is interesting, even the bility, were cut dramatically, also stopping drugs as they come from their most recent statistics that they show, halved. Most of the resources were put source, before they reach our border, even with all this effort, shows that we into treatment programs and to other utilizing the Coast Guard, the military still have an upsurge in the use of to- priorities that, again, changed dra- and other Federal resources to stop bacco products among our young peo- matically. drugs cost effectively as they come ple. The Drug Czar’s office was dramati- from their source to our borders. So it does not work by itself. Edu- cally reduced in size, probably 70 per- We can see the dramatic close-down cation is one of a number of elements cent reduction. Appointees of the ad- of the war on drugs in 1993 and we can that must be used. This is very inter- ministration were individuals who had see the restart again under the new esting to show; that as the Federal ef- a different philosophy, ‘‘just say maybe leadership of the House of Representa- forts for interdiction and source coun- to illegal narcotics.’’ tives under Republican control of the try program eradication declined, and Some of that has had a very specific House. Again, we are back in 1999 to again a change in policy, we saw our result with our population. Attitudes about where we were in 1992, and we young people using more illegal nar- particularly among leaders of Congress have some very specific results for our cotics. and the Nation, and also our chief efforts for those expenditures. We have What is really sad is some of the sta- health officer for the country, cer- seen not only a dramatic increase in tistics that have evolved from this sit- tainly those attitudes certainly do im- the seizures of cocaine but also less co- uation. And I just received today the pact our population’s thinking and par- caine on the streets in the United latest figures, which were released in ticularly the actions of our young peo- States. So we know that this interdic- August, published the last June of 1999, ple. tion works. on the number of drug deaths in the I have used these charts before to What is interesting is we know what United States. These are deaths from show exactly what happened. Tonight I does not work, and that is the policy of drug-induced causes. will use them once again. Even today, this past administration. We saw the My colleagues have heard me cite be- we had Governor Gary Johnson, a Re- charts with funds and efforts for our fore on the floor of the House of Rep- publican Governor from New Mexico international programs to stop drugs resentatives over 14,000 drug deaths, who participated in a national sympo- cost effectively at their source and also and that was in 1996. The policy that sium on a new attitude towards illegal to interdict drugs before they reach we have seen promoted by this admin- narcotics. He talked about and also has our borders. This is a very interesting istration and this Congress now has us made statements that the war on drugs chart. It shows from the 1980s, the late up to 15,973 deaths in 1997. These are has been a failure. 1980s to 1992, this would be part of the drug-induced causes in the United I submit that the war on drugs has Reagan and Bush era, and we can see a States. That is a 7.6 percent increase. basically, again, closed down in the declining in 12th grade drug use. This I added up the statistics from this re- 1990 to 1993 period. Again, a Federal re- would be lifetime annual in the red port just received today on the number sponsibility was Federal expenditures here, green is lifetime annual use and of drug deaths since 1993, the beginning for international programs. Inter- 30 day use. of this administration’s policy, and it October 5, 1999 CONGRESSIONAL RECORD — HOUSE H9405 is 72,232 deaths. I am sure that we will We have had over 60 drug-related scientist, not by a congressional com- reach 100,000 before the end of this ten- deaths. Deaths by drugs and drug mittee, about the effects of this par- ure. So we have still a continuing prob- overdoses now exceed homicides in our ticular illegal narcotic. lem. We have more and more deaths central Florida communities. So we see I wanted to also cite tonight again caused by illegal narcotics. a tremendous impact of illegal nar- some of the comments that have been Part of the problem, as I have ex- cotics on our communities. I am not made in this national forum that plained before in these special orders, sure what difference legalization would talked about legalization or a new ap- is that the cocaine and the heroin that make in people overdosing, and par- proach to illegal narcotics, and let me we see on the streets today is not the ticularly young people, on these illegal say that I am open to any reasonable cocaine or heroin that was on the narcotics. approach that we can take to deal with streets in the 1970s or 1980s. In those If it was not bad enough that we had this mounting problem. Our sub- years we saw cocaine and heroin of cocaine and heroin, we have on the committee has been open, we have held sometimes 4 to 10 percent in purity. scene and coming from primarily Mex- hearings on the question of legaliza- Today, we are seeing on a very com- ico, also an international import and tion, of decriminalization, on the prob- mon basis a purity of 60 and 70 percent. again a Federal responsibility to con- lems of incarceration, on enforcement, We are seeing heroin and cocaine that trol this type of activity, a report of on interdiction, on the source coun- is deadly in form. And many of these methamphetamines spiraling out of tries, and we will be doing one in just deaths are attributed to young people control in some of our communities. a few weeks on our first anniversary of who are trying illegal narcotics, and do This is a report that appeared in this our national education program to re- not recover in many instances from week’s news media and it is date lined view all of these programs’ effective- first-time use, or by combining those Tulsa, Oklahoma. ‘‘The number of ness and various approaches. very potent and high purity illegal nar- methamphetamine labs in Oklahoma is But the meeting that was conducted cotics with other substances of abuse. exploding. State records show that offi- today and this week in Washington Again, we see record numbers of cials have discovered 60 times the num- about new approaches featured, I guess, deaths from drug-induced causes in the ber of clandestine laboratories making a new rage on the drug, national drug latest statistics produced, I believe, by methamphetamines than they had scene, and that is New Mexico Gov- the Department of HHS. Again, these found just 5 years ago. State officials ernor Gary Johnson. He again has said just came out. call problems with the highly-addictive that the Nation’s War on Drugs has Of course, we have the deaths that I drug epidemic. And they said the mete- been a multibillion-dollar failure and cited that are very easy to identify, oric rise in the drug’s popularity has to unjustifiably throwing thousands of and then we have the deaths that I also do in how easy it is to make.’’ people in prison and lying to children report. And whether we legalize or de- This is not a harmless illegal nar- about the dangers of marijuana. I hap- criminalize what are now illegal nar- cotic, and it is illegal. ‘‘Oklahoma pened to catch some of that particular cotics, we would still have situations Highway Patrol Trooper David ‘Rocky’ presentation of Governor Johnson, a like this. This was reported in this Eales,’’ the story went on to say, ‘‘was Republican from New Mexico, and I week’s October 2 edition in Carnesville, killed in an attempt to serve meth- wanted to respond to some of the Georgia, a lady by the name of Shan- amphetamine-related warrants on Sep- points that he has raised. non Nicole Moss has been in jail since tember 25. Another trooper was wound- Again, one of these is graphically il- May for allegedly taking cocaine dur- ed.’’ lustrated by one of the substances that ing her pregnancy and causing the It is also interesting to note, and I some proponents would like to legalize, death of her daughter. Ms. Moss, 21, have some information that we re- and we can show similar graphic dis- gave birth to twins on April 21, but one ceived in one of the hearings that we plays for other substances, and we have child, Angel Hope Schneider, died conducted on legalization of what are one, another one here we will just put shortly after birth. Franklin County now illegal narcotics, and we did try to up here. But we do have, in fact, sci- Investigator Chad Bennett said Ms. conduct an open hearing on that sub- entific evidence that there is danger to Moss tested positive for both cocaine ject, but we had a scientist who pro- the brain from cocaine, from heroin, and methamphetamine. The child’s duced these images. I think I have from methamphetamine, and it is doc- death was consistent with cocaine use shown these images one other time umented, and the Governor has said by the mother, said Bennett. about methamphetamine, and this is that the War on Drugs has been a I do not know if this young baby’s one of the drugs that some folks would multibillion-dollar failure. In fact, I death will be counted in these statis- like to legalize. This particular photo- think he stated that we went from 1 tics. I doubt it. But as I have cited, graph, and these images, demonstrate billion in the 1970s to $18 billion. I there are thousands of other deaths the long-lasting effects that meth- think if we look at the way the dollars that are related to illegal narcotics. amphetamine has on the brain. have been spent, again there were dra- In this week’s Christian Science The brighter colors reflect greater matic decreases in a multi-faceted ap- Monitor we see another example of dopamine-binding capacity. Dopamine proach to combat illegal narcotics both drug use and abuse among our popu- function is critical to emotional regu- at the source and through interdiction. lation. This particular story focuses on lation and it is involved in the normal I have often showed the treatment Plano, Texas. It says, ‘‘With its gated experience of pleasure. It is also in- dollars, and we do not have a chart of communities, leafy parks, and Fortune volved in controlling an individual’s that tonight, but in fact the chart 500 jobs, Plano is not the sort of town motor functions. The scan on the left is would show you that treatment dollars to have a big city drug problem. At a nondrug user. The second scan is a since 1992 have in fact doubled, and we least that is what most residents chronic methamphetamine abuser who are spending a great deal of that $18 thought. Then, in 1997, some of the was drug free for 3 years prior to this billion on treatment programs. I would young people of Plano discovered the image. The third scan is a chronic as much as anyone would like to see a latest craze, heroin, and started over- meth abuser who was drug free for 3 reduction in those expenditures, but we dosing at the rate of one a month. The years prior to the image. The last brain find that if we take out one element, youngest victim was a 7th grader, Vic- is a scan of an individual newly diag- whether it is a source country, inter- tor Garcia. The oldest and most famous nosed with Parkinson’s Disease, a dis- national programs, interdiction, law was former Dallas Cowboy, Mark ease known to deplete dopamine. enforcement, education, treatment or Tuinei. The string of deaths, 18 in prevention, then the efforts begin to b Plano, along with half a dozen from 2245 crumble and the effect, as we have nearby towns, does not appear to be So you see what methamphetamine, seen, is devastating particularly among over.’’ the so-called harmless, what is now an our young people. We have cited Plano as an example of illegal narcotic that some would like He made a rash statement, and I a very prosperous community, just like to make legal, does to individuals. heard him say that soon we will be the one I come from in Central Florida, Drugs are dangerous. This is very clear spending the entire national gross north of Orlando, which is my district. scientific evidence produced again by a product on enforcement, and that just H9406 CONGRESSIONAL RECORD — HOUSE October 5, 1999 is not correct. The Governor is incor- And what about some other crimes? were actually arrested for sale or in- rect, that of the $18 billion that we will Total felony and misdemeanor nar- tent to sell charges that eventually be spending this year, a small percent- cotics arrests in the city actually in- pled down to possession. So there is a age of that is on enforcement although creased, and we went from less than great myth about who is behind bars that is Federal money and there are 70,000 to 120 between 1993 and 1998, but and why they are there and what of- substantial dollars spent at the State in that period of time you saw the dra- fenses they have committed. and local level. matic decrease in murders. In fact, in We also found from this study and in The question is: New York City in 1998 it was the lowest our hearing about New York drug of- Does a liberal policy work or does a number of murders committed in New fenses that the 1998 arrestee drug abuse tough enforcement policy work and are York in 36 years. The murders fell from monitoring program report issued by they cost effective? approximately, this chart will show, the National Institute of Justice docu- Let me take these charts down and from over 2,000 in this period, 1991 to ments an estimated 80 percent of per- again cite one of the best examples somewhere in the 600 to 629 in 1998, dra- sons arrested each year in New York that we have of a liberal policy, and I matic decreases as there were some in- City tested positive for drugs. So we believe in a legalization or liberal pol- crease in narcotic offenses. have a situation where these people icy we would have to look at some So the cost effectiveness of these pro- have, who are arrested also, have ille- model where they have tried this. grams, and I am sure if we looked at gal narcotics in their system, and that And again we have to point to Balti- the social implications, the destruction is also part of the problem, and we do more. I do not have a whole lot of of families, abuse in Baltimore, and we need to revisit our treatment programs areas, although Washington, D.C., is look at what has taken place in New both at State level and the Federal now trying to emulate this program York City, we would see that we have, level. that they adopted in Baltimore with in fact, a success, and again not a total b 2300 free needle exchanges and, again, a success. We still have some dramatic But there is a great myth about who more liberal attitude. problems not only in New York. is serving time. This study was quite But this is an interesting chart that But what is amazing, if you look at interesting, because it showed and doc- was given to me by the head of our this last chart again, as a result of umented very specifically that, at least Drug Enforcement Agency in one of Mayor Giuliani’s zero tolerance poli- in New York State, you really have to our hearings, and I will recite it. cies that he established and based on try, you have to commit a number of In Baltimore we saw the population what the murder rate was before he serious felonies and you have to be a in 1950 at nearly a million drop to, it is took office, over 3,500 people just in dealer in very large quantities of hard around 600,000 now, not half, but on its New York City are alive today who illegal narcotics to make your way way down. We saw a small number of otherwise would be fatality statistics. into prison. You had to work to get heroin addicts, and this was the popu- That is a pretty dramatic figure. into prison in New York. We found that lation of the heroin addicts, about The other misconception that Gov- same pattern in other states. So the in- 39,000 in 1996. The latest figures or un- ernor Johnson stated in his speech, and formation that Governor Johnson used official figures are 60,000, and I cited a again I heard part of it today; he said is not correct. council person from Baltimore who that, and I think he was citing more in He also said half the arrests in the said 1 in 8 citizens in Baltimore are his State; he said there were arresting United States involved United States now addicted to heroin. Mexican citizens coming across the Hispanics selling marijuana. I do not Now this is a liberal policy, this nee- border for $200, and he said if we looked know where he got that figure. I have dle exchange policy. We have seen that at the profile of people arrested, you never seen that figure. that policy, and again, if we had legal- would find marijuana users selling a We do know that the latest statistics ization, I do not know what would stop little bit of marijuana and crack users that our subcommittee has received people from becoming addicted, but in selling a little crack and going to jail from DEA and HHS do indicate that fact we have 1 in 8 in this city as a her- for that. Those were some of his com- one of the victims of illegal narcotics oin addict, which is absolutely as- ments. are teenage Hispanics and young His- tounding, a model I do not think any of I did not take it down in shorthand, panics; that, in fact, with addiction, us would want to copy. but there are many myths about people they have the highest percentage of in- I have also pointed out as a counter who are in prison for drug related of- creases. example New York City with Mayor fenses, and the most recent study that What we also know from the most re- Giuliani, and I bring this up again, a our subcommittee found was one that cent report that I have received is that tough enforcement policy, and Gov- was conducted in New York State by the biggest problem with addiction ernor Johnson said that we are spend- that New York State Office of Justice, among our young people, and I would ing too much money, and I think, if we and it was a rather telling example of think it would be alcohol, is not alco- look and go back and look at per capita what is really taking place with those hol, but in fact is marijuana, another expenses, dollar expenses, and we com- convicted of various offenses related to startling fact. Of course, many people pared New York with Baltimore, we narcotics, and this was again in spring, do not want to deal with facts or re- would see that there would probably be very recent. We had testimony to this ality on this subject. They want to deal similar expenditures. affect, that there are roughly 22,000 in- with their own personal viewpoint. But this particular chart shows the dividuals serving time in New York The Governor also, I heard him say, narcotics arrests index and the crime State prison for drug offenses. Again Governor Johnson, that the war on index, and we see that crime is going this is very comprehensive study. drugs was 1,000 miles wide and a half down as the number of tough enforce- Eighty-seven percent of them are actu- inch thick. The war on drugs in fact is ment was undertaken in that city. ally serving time for selling drugs, 87 thousands and thousands of miles wide Pretty dramatic figures in New York, percent of them are there for selling and, as you may have seen by what I il- and let me cite a few of them, if I may. drugs. Seventy percent of them have lustrated, it was reduced down to an First of all, the total number of had one or more felony convictions on inch thick. But the war on drugs does major felony crimes fell from 1993 to their record. not work when you have no resources 1998 in New York City by 51 percent. So these are not just these innocent in it, and they were eviscerated by this Just from 1997 to 1998 with a zero toler- little Mexicans crossing the border for Congress back in 1993, 1994 and 1995 ance policy there was 11 percent de- $200 reward or some innocent mari- under this Democrat-controlled House crease in major felony crimes. In New juana users selling enough marijuana of Representatives, Senate and the York City murder and nonnegligent to supply his habit or some minor presidency. That approach did not manslaughter also declined. There was crack dealer. Seventy percent of these work, and we had some very, again, a 67 percent decrease from 1993 to 1998, 22,000 individuals have one or more fel- well-documented results. That was not and in just one year, from 1997 to 1998, ony convictions on their record. and is not today pleasing. an 18 percent decrease in murder and Of the people who are serving time His final comment was ‘‘stop arrest- nonnegligent manslaughter. for drug possession charges, 76 percent ing the entire country.’’ Again, this is October 5, 1999 CONGRESSIONAL RECORD — HOUSE H9407 Governor Johnson. I do not think any a top national priority. The poll also tages, both with NAFTA, and we have of us want to arrest anyone. We do found that Americans want cracking underwritten Mexico in its financially know that individuals that have used down on drug smuggling to be Wash- difficult times. illegal narcotics, probably marijuana is ington’s highest priority. Preventing The United States’ exports to Mexico one of the most frequently. Maybe it drugs from entering the United States, now surpass U.S. exports to Japan, does not have all of the effects of some reducing the supply, is the most impor- making Mexico our second most impor- of the other hard drugs that we cited, tant effective way to deal with the tant export partner. However, with cocaine, heroin, methamphetamines. problem. Again, this poll of 800 Ameri- NAFTA, exports to the United States, We have shown here we do know the cans showed three-fourths of Ameri- from the United States to Mexico, were levels of purity are much, much higher cans favor increasing funding for inter- $71 billion in 1998. Imports to the than that marijuana that was used in diction. Even with the $2 billion price United States from Mexico were $87 bil- the seventies and eighties, and it also tag, the majority still favor increasing lion. We experienced in 1998 a $15.7 bil- has an effect on the brain. funding for interdiction. By more than lion trade deficit, so we are good part- Again, we do know from facts that two to one, voters favor additional dol- ners, we have given them help. We are today our biggest problem with addic- lars on interdiction over anti-drug ad- good neighbors, good allies. We have tion among young people, again, I was vertising. given them a trade advantage that is even surprised by this, and these are As I said, our subcommittee con- now hurting us economically. statistics that are DEA and HHS docu- tinues to monitor the reinstitution of The U.S.-Mexican border is 2,000 mented, our biggest problem with ad- our national and international efforts miles long and 60 miles deep on either diction now is marijuana with our on interdiction and source country pro- side of the border, consisting of four young people. Whether it gets to be a grams. We will be carefully reviewing U.S. States, California, Arizona, New gateway drug or not is a question for our $200 million with private dona- Mexico, and Texas, all on the borders, debate, and we certainly had plenty of tions, probably half a billion dollar of course. They border six Mexican testimony that did point to the first total expenditures for an anti-drug ad- States. We have 45 border crossings use of that substance or other sub- vertising program, the first year of with an estimated 278 to 351 million stance abuse and then on to harder which will have been concluded this persons legally crossing the border from Mexico to the United States in drugs. past week, and we will do a hearing on 1998. Legalization just has not been ac- that and review an examination of The INS, at great expense, appre- ceptable as an alternative, and neither those expenditures and the effective- has decriminalization, although we are hended 1.5 million undocumented im- ness of that program. migrants on the southwest border in looking very carefully at the programs Congressional Democrats, the poll fi- fiscal year 1998. According to DEA, al- we have for those incarcerated. We nally says, enjoy an advantage over most all of the estimated six tons of have also looked at the Arizona model, Republicans on almost every issue ex- heroin produced in Mexico in 1998 will which is not a decriminalization, and cept keeping illegal drugs out of the reach the United States markets. Mex- had testimony from officials from Ari- U.S. I am not sure what that means for ico remains a major source country for zona who do take first-time drug of- Republicans, being a Republican, but marijuana and heroin sold in the fenders and give them alternatives be- at least hopefully I am on the right United States. fore their final sentencing, but the sen- side of one issue. The DEA estimates that the majority tencing is withheld pending their per- The rest of the special order that I of methamphetamine available in the formance. The moment that they back- wanted to do tonight really would get United States is either produced and slide or get back into the narcotics away from the topic of legalization, de- transported to the United States or is habit, which is a tremendous problem, criminalization or liberalization, as manufactured in the United States now recidivism with illegal narcotics use in Governor Johnson of New Mexico has by Mexican drug traffickers. these programs, those individuals do go advocated, and talk about again one of According to the United States De- on, are sentenced and serve time. our responsibilities, which is stopping partment of State, Mexico continues to So, again, I think everyone wants to illegal narcotics that are coming into be the primary haven for money laun- see that our prisons are free of so- the United States. dering in all of Latin America. This of called casual drug users. But, again, Again, under any of these schemes, course has had incredible consequences the people that end up there, unfortu- no matter how wild they may be for in Mexico. The Baja Peninsula along nately, commit felonies and crimes liberalization or decriminalization or this end is completely controlled by while under the influence of these ille- legalization, one of the responsibilities drug traffickers. In fact, this chart gal narcotics, were selling quantities of of this Congress, of any administra- shows Mexico-based drug trafficking. illegal narcotics which would be illegal tion, will be to stop these hard drugs The Yucatan Peninsula is controlled by under decriminalization or the legal- from coming in to the United States. drug traffickers, and different states ization scheme that has been men- b 2310 and such regions of Mexico are almost tioned by anyone to date. totally controlled by drug traffickers. What is interesting is even with The source of more than 50 percent or I cited methamphetamine, a new phe- these efforts to liberalize national drug probably in the 60 or 70 percent of all nomenon. It is incredible, but 90 per- policy, even the latest surveys, and illegal antibiotics, we could start with cent of the methamphetamine seized in again the surveys can be subject to the marijuana, go on to cocaine, heroin, Iowa this year came from Mexico. That way the questions are asked or framed, methamphetamine, the source of all is from the U.S. Attorney’s office in but the latest surveys that we have, the hard narcotics and even, again, the Iowa’s northern district. About 85 per- this one is by the Melman Group and it soft narcotic, if you want to call it cent of the methamphetamine in Min- was a survey by telephone of 800 reg- that, marijuana, coming into the nesota, all the way up, it is not even on istered voters at the beginning of Sep- United States is through Mexico. Most this chart, in Minnesota is smuggled tember, found some of these topics on of the cocaine and heroin is now pro- from Mexico. The source is the Min- the public’s mind. duced in Colombia, but they have meld- neapolis Star Tribune, in an investiga- Voters want education, Social Secu- ed forces with corrupt officials in Mex- tion that was conducted there. rity and drug trafficking to be top pri- ico and corrupt dealers in Mexico, and Most of the methamphetamine avail- orities of the Congress and the Presi- these gangs are now filtering and able in the upper Midwest is trafficked dent. HMO restrictions and illegal transiting illegal narcotics through by Mexican-controlled criminal organi- drugs are top worries for the largest Mexico. zations connected to sources of supply number of voters. We have heard most Mexico is our big problem on an in California and Mexico that were of the special orders tonight on the international level, and will continue based in smaller midwestern cities topic of HMOs. I am the soul one on the to be. That is in spite of the fact that with existing Mexican-American popu- second subject, illegal drugs. our trade with Mexico has been at an lations. The source of that is the Drug Women and minorities are more like- all-time high. We have given Mexico, Enforcement Administration, in a 1996 ly to think that drug issues should be as I have cited, incredible trade advan- report. H9408 CONGRESSIONAL RECORD — HOUSE October 5, 1999 Unfortunately, even with all this ac- and is currently being delayed in Mexi- extend their remarks and include ex- tivity, with the trade benefits, finan- co’s Senate. To date they still have not traneous material:) cial benefits, pledges of cooperation resolved or approved an extradition Mr. LIPINSKI, for 5 minutes, today. with Mexico, drug seizures are dra- protocol with the United States. Mr. PALLONE, for 5 minutes, today. matically down. The amount of heroin Additionally, this Congress several Mr. DAVIS of Illinois, for 5 minutes, seized from 1997 to 1998 dropped 56 per- years ago asked Mexico for cooperation today. cent. The amount of cocaine dropped in enforcing the laws on the books. It Ms. WOOLSEY, for 5 minutes, today. some 35 percent in the same year. The was not a tough request: extradition, Mr. BROWN of Ohio, for 5 minutes, number of vehicles seized from 1997 at maritime cooperation. The United today. sea went from 135 to 96, a 9 percent de- States customs agency ran an under- Mrs. CLAYTON, for 5 minutes, today. crease. cover operation called Operation Casa- Mr. RUSH, for 5 minutes, today. We have asked for maritime coopera- blanca. This undercover operation was Ms. WATERS, for 5 minutes, today. tion. We have not gotten it. We have the largest money laundering sting in Mr. HOLT, for 5 minutes, today. asked for seizure cooperation. We have the history of the United States, abso- Mrs. MINK of Hawaii, for 5 minutes, not gotten it. We have also asked for lutely incredible money laundering. today. extradition of Mexicans who have been Members will not be able to see this Ms. BROWN of Florida, for 5 minutes, involved in illegal narcotics. chart too well. Maybe they can focus today. Tonight let me display a couple of for a few minutes. Let me talk a little Ms. JACKSON-LEE of Texas, for 5 min- folks we are looking for and describe about this. Forty Mexican and Ven- utes, today. them. To date we have not had a single ezuelan bankers, businessmen, and sus- (The following Members (at the re- Mexican major drug trafficker extra- pected drug cartel members were ar- quest of Mr. THUNE) to revise and ex- dited. rested, and 70 others were indicted as tend their remarks and include extra- This individual is Lewis Ignacio fugitives. neous material:) Amezcua-Contreras, and this individual The United States informed Mexican Mr. JONES of North Carolina, for 5 is one of the chief producers of meth- counterparts of the operation, but they minutes, today. amphetamine in really the world. Re- did not tell them all the details be- Mr. BURTON of Indiana, for 5 minutes, cently, despite overwhelming evidence, cause they feared Mexican corruption October 12. all Mexican drug charges have been would or could endanger the lives of Mr. DUNCAN, for 5 minutes, today. dismissed. We are hoping that this in- some of our agents. f dividual will be extradited to the b United States. 2320 SENATE BILL REFERRED Again, our requests, this Congress And as we know from history, one of A bill of the Senate of the following passed a resolution, the House of Rep- our agents, Kiki Camarena, was bru- title was taken from the Speaker’s resentatives several years ago, asking tally murdered in Mexico and even table and, under the rule, referred as for cooperation in extradition of major today some of his murderers and those follows: involved in his horrible death have not drug traffickers. To date, we have not S. 1255. An act to protect consumers and had one Mexican major drug kingpin been brought to justice. promote electronic commerce by amending extradited. Operation Casablanca involved three certain trademark infringement, dilution, We have another star tonight in our of Mexico’s most prominent banks, and counterfeiting laws, and for other pur- array of requests for extradition. This Bancomer, Banca Serfin, and Confia, poses; to the Committee on the Judiciary. is another individual that we have and all of these three major banks were f asked for. This is Vincent Carrillo implicated in the investigations. A Fuentes. He is a major cocaine traf- former senior United States Customs ADJOURNMENT ficker. He has not been arrested. We agent who led the Casablanca probe de- Mr. MICA. Mr. Speaker, I move that think he is at large in Mexico. He is a clared that the corruption reached the the House do now adjourn. United States fugitive. This is another highest levels of the Zedillo govern- The motion was agreed to; accord- individual. ment when he implicated the defense ingly (at 11 o’clock and 21 minutes There are 45 of these major drug traf- minister in this event. p.m.), the House adjourned until to- fickers we would like extradited to Mr. Speaker, it is my hope that we morrow, Wednesday, October 6, 1999, at stand trial, it is the thing they fear can have justice prevail in this situa- 10 a.m. most, in the United States. I would say tion and next week we will continue f for both of these individuals, I believe the rest of the story as it relates to there are some substantial rewards in corruption in the Mexican Government EXECUTIVE COMMUNICATIONS, the million dollar range, so if anyone and Mexican drug trafficking. ETC. would like to turn these individuals in, f Under clause 8 of rule XII, executive I am sure they would also like to re- LEAVE OF ABSENCE communications were taken from the ceive the reward that is available. Speaker’s table and referred as follows: United States officials testified be- By unanimous consent, leave of ab- 4649. A letter from the Administrator, Ag- fore my subcommittee that there are sence was granted to: ricultural Marketing Service, Department of 275 extradition requests that are pend- Mr. MASCARA (at the request of Mr. Agriculture, transmitting the Department’s ing with Mexico. Mexico has only ap- GEPHARDT) for before 5:00 p.m. today on final rule—Oranges, Grapefruit, Tangerines, proved 45 extradition requests since account of personal reasons. and Tangelos Grown in Florida; Modification 1996, and as I said, not one major Mexi- Mr. LAHOOD (at the request of Mr. of Procedures for Limiting the Volume of can drug kingpin. Only 20 of the extra- ARMEY) for today on account of attend- Small Red Seedless Grapefruit [Docket No. dition requests that Mexico has ap- ing the funeral of Bishop Edward FV99–905–4 IFR] received September 29, 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- proved have been drug-related, and O’Rourke. mittee on Agriculture. only one of those has been a Mexican Mr. HILL of Montana (at the request 4650. A letter from the Administrator, Ag- citizen. But again, there have been no of Mr. ARMEY) for today on account of ricultural Marketing Service, Department of major drug kingpins. medical reasons. Agriculture, transmitting the Department’s On November 13, 1997, the United f final rule—Increase in Fees and Charges for States and Mexico signed a protocol to Egg, Poultry, and Rabbit Grading [Docket the current extradition treaty. I think SPECIAL ORDERS GRANTED No. PY–99–004] (RIN: 0581–AB54) received Sep- that treaty goes back to 1978. The pro- By unanimous consent, permission to tember 29, 1999, pursuant to 5 U.S.C. address the House, following the legis- 801(a)(1)(A); to the Committee on Agri- tocol is basically the way the extra- culture. dition would operate, and all the de- lative program and any special orders 4651. A letter from the Administrator, Ag- tails. heretofore entered, was granted to: ricultural Marketing Service, Department of The protocol has been ratified by (The following Members (at the re- Agriculture, transmitting the Department’s United States Senate, the other body, quest of Mr. MCNULTY) to revise and final rule—Tobacco Inspection; Subpart B- October 5, 1999 CONGRESSIONAL RECORD — HOUSE H9409 Regulations [Docket No. TB–99–07] received 1541; (H. Doc. No. 106–139); to the Committee Mr. SMITH of Texas: Committee on the Ju- September 29, 1999, pursuant to 5 U.S.C. on International Relations and ordered to be diciary. S. 452. An act for the relief of Belin- 801(a)(1)(A); to the Committee on Agri- printed. da McGregor (Rept. 106–364). Referred to the culture. 4661. A letter from the Bureau of Export Private Calendar. 4652. A letter from the Administrator, Administration, Department of Commerce, f Food and Safety Inspection Service, Depart- transmitting the Department’s final rule— ment of Agriculture, transmitting the De- Reexports to Libya of Foreign Registered PUBLIC BILLS AND RESOLUTIONS partment’s final rule—Addition of Mexico to Aircraft Subject to the Export Administra- Under clause 2 of rule XII, public the List of Countries Elligible to Export tion [Docket No. 990827238–9238–01] (RIN: bills and resolutions of the following Poultry Products into the United States 0694–AB94) received September 27, 1999, pur- [Docket No. 97–006F] (RIN: 0583–AC33) re- suant to 5 U.S.C. 801(a)(1)(A); to the Com- titles were introduced and severally re- ceived September 22, 1999, pursuant to 5 mittee on International Relations. ferred, as follows: U.S.C. 801(a)(1)(A); to the Committee on Ag- 4662. A letter from the Director, Office of By Mr. BLILEY (for himself, Mr. TAU- riculture. the Procurement and Property Management, ZIN, Mr. OXLEY, and Mr. BLUNT): 4653. A communication from the President Department of Agriculture, transmitting the H.R. 3011. A bill to amend the Communica- of the United States, transmitting a request Department’s final rule—Agriculture Acqui- tions Act of 1934 to improve the disclosure of for emergency funds for the Department of sition Regulation; Part 415 Reorganization; information concerning telephone charges, Defense to be used to meet the critical readi- Contracting by Negotiation [AGAR Case 96– and for other purposes; to the Committee on ness and sustainability needs that emerged 04] (RIN: 0599–AA07) received October 4, 1999, Commerce. from operations in Kosovo; (H. Doc. No. 106– pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- By Mr. BARTON of Texas (for himself, 140); to the Committee on Appropriations mittee on Government Reform. Mr. MCINTOSH, Mr. PICKERING, and and ordered to be printed. 4663. A letter from the Assistant Secretary, Mr. KASICH): 4654. A letter from the General Counsel, Land and Minerals Management, Depart- H.R. 3012. A bill to amend the Balanced Federal Emergency Management Agency, ment of the Interior, transmitting the De- Budget and Emergency Deficit Control Act transmitting the Agency’s final rule— partment’s final rule—Coastal Zone Consist- of 1985 to protect Social Security trust funds Changes in Flood Elevation Determina- ency Review of Exploration Plans and Devel- and save Social Security surpluses for Social tions—received September 28, 1999, pursuant opment and Production Plans (RIN: 1010– Security; to the Committee on the Budget. to 5 U.S.C. 801(a)(1)(A); to the Committee on AC42) received September 27, 1999, pursuant By Mr. YOUNG of Alaska: Banking and Financial Services. to 5 U.S.C. 801(a)(1)(A); to the Committee on H.R. 3013. A bill to amend the Alaska Na- 4655. A letter from the General Counsel, Resources. tive Claims Settlement Act to allow share- Federal Emergency Management Agency, 4664. A letter from the Acting Regulations holder common stock to be transferred to transmitting the Agency’s final rule— Officer, Office of Process and Innovation adopted Alaska Native children and their de- Changes in Flood Elevation Determinations Management, Social Security Administra- scendants, and for other purposes; to the [Docket No. FEMA–7300] received September tion, transmitting the Administration’s final Committee on Resources. 28, 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to rule—Administrative Review Process; Pre- By Mrs. BIGGERT (for herself, Mr. the Committee on Banking and Financial hearing Proceedings and Decisions by Attor- OSE, Mr. ENGLISH, Mr. SCHAFFER, Mr. Services. ney Advisors; Extension of Expiration Dates LIPINSKI, Mr. BACHUS, Mr. MCINTOSH, 4656. A letter from the Associate Bureau (RIN: 0960–AF07) received October 4, 1999, Mr. ROYCE, Mr. WELDON of Florida, Chief, Wireless Telecommunications Bureau, pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- and Mr. FOLEY): Federal Communications Commission, trans- mittee on Ways and Means. H.R. 3014. A bill to amend title 18, United mitting the Commission’s final rule— f States Code, with regard to prison com- Amendment of the Amateur Service Rules to missaries, and for other purposes; to the Provide For Greater Use of Spread Spectrum REPORTS OF COMMITTEES ON Committee on the Judiciary. Communications [WT Docket No. 97–12 RM– PUBLIC BILLS AND RESOLUTIONS By Mr. CAMPBELL: 8737] received September 29, 1999, pursuant to Under clause 2 of rule XIII, reports of H.R. 3015. A bill to amend the Internal Rev- 5 U.S.C. 801(a)(1)(A); to the Committee on enue Code of 1986 to encourage a strong com- Commerce. committees were delivered to the Clerk munity-based banking system; to the Com- 4657. A letter from the Special Assistant to for printing and reference to the proper mittee on Ways and Means. the Bureau Chief, Mass Media Bureau, Fed- calendar, as follows: By Mr. CLYBURN (for himself, Mr. eral Communications Commission, transmit- Mr. TALENT: Committee on Small Busi- SPENCE, Mr. SPRATT, Mr. GRAHAM, ting the Commission’s final rule—Amend- ness. H.R. 1497. A bill to amend the Small Mr. SANFORD, and Mr. DEMINT): ment of Section 73.202(b), Table of Allot- Business Act with respect to the women’s H.R. 3016. A bill to designate the United ments, FM Broadcast Stations (Manson, business center program; with an amend- States Post Office located at 301 Main Street Iowa) [MM Docket No. 99–91 RM–9529] (Rudd, ment (Rept. 106–365). Referred to the Com- in Eastover, South Carolina, as the ‘‘Layford Iowa) [MM Docket No. 99–92 RM–9530] (Pleas- mittee of the Whole House on the State of R. JOHNSON Post Office‘‘; to the Committee antville, Iowa) [MM Docket No. 99–93 RM– the Union. on Government Reform. 9531] (Dunkerton, Iowa) [MM Docket No. 99– Mr. GOSS: Committee on Rules. House H.R. 3017. A bill to designate the United 95 RM–9533] (Manville, Wyoming) [MM Dock- Resolution 323. Resolution providing for con- States Post Office located at 78 Sycamore et No. 99–97 RM–9535] received September 29, sideration of the bill (H.R. 2990) to amend the Street in Charleston, South Carolina, as the 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the Internal Revenue Code of 1986 to allow indi- ‘‘Richard E. Fields Post Office’’; to the Com- Committee on Commerce. viduals greater access to health insurance mittee on Government Reform. 4658. A letter from the Associate Chief, through a health care tax deduction, a long- H.R. 3018. A bill to designate the United Policy and Program Planning Division, Com- term care deduction, and other health-re- States Post Office located at 557 East Bay mon Carrier Bureau, Federal Communica- lated tax incentives, to amend the Employee Street in Charleston, South Carolina, as the tions Commission, transmitting the Com- Retirement Income Security Act of 1974 to ‘‘Marybelle H. Howe Post Office’’; to the mission’s final rule—Implementation of the provide access to and choice in health care Committee on Government Reform. Telecommunications Act of 1996 [CC Docket through association health plans, to amend H.R. 3019. A bill to designate the United No. 96–115] Telecommunications Carriers’ the Public Health Service Act to create new States Post Office located at 4026 Lamar Use of Customer Propriety Network Informa- pooling opportunities for small employers to Street in (the Eau Claire community of) Co- tion and Other Customer Information; obtain greater access to health coverage lumbia, South Carolina, as the ‘‘Mamie G. Implentation of the Non-Accounting Safe- through HealthMarts, and for other pur- Floyd Post Office’’; to the Committee on guards of the Communications Act of 1934, poses, and for consideration of the bill (H.R. Government Reform. As Amended [CC Docket No. 96–149] received 2723) to amend title I of the Employee Re- By Mr. CROWLEY (for himself, Mr. September 30, 1999, pursuant to 5 U.S.C. tirement Income Security Act of 1974, title SHERMAN, Mr. BRADY of Pennsyl- 801(a)(1)(A); to the Committee on Commerce. XXVII of the Public Health Service Act, and vania, Mr. MORAN of Virginia, Mr. 4659. A letter from the Director, Office of the Internal Revenue Code of 1986 to protect LARSON, Mr. MEEHAN, Mr. NEAL of Congressional Affairs, Nuclear Regulatory consumers in managed care plans and other Massachusetts, Mr. MENENDEZ, Ms. Commission, transmitting the Commission’s health coverage (Rept. 106–366). Referred to PELOSI, and Mr. HOEFFEL): final rule—List of Approved Spent Fuel Stor- the House Calendar. H.R. 3020. A bill to make illegal the sale of age Casks: (VSC–24) Revision (RIN: 3150– f guns, ammunition, or explosives between pri- AG36) received September 28, 1999, pursuant vate individuals over the Internet; to the to 5 U.S.C. 801(a)(1)(A); to the Committee on REPORTS OF COMMITTEES ON PRI- Committee on the Judiciary. Commerce. VATE BILLS AND RESOLUTIONS By Mrs. LOWEY: 4660. A communication from the President H.R. 3021. A bill to extend the authority of of the United States, transmitting a report Under clause 2 of rule XIII, reports of the THOMAS Paine National Historical Asso- on the status of efforts to obtain Iraq’s com- committees were delivered to the Clerk ciation to establish a memorial to THOMAS pliance with the resolutions adopted by the for printing and reference to the proper Paine in the District of Columbia; to the U.N. Security Council, pursuant to 50 U.S.C. calendar, as follows: Committee on Resources. H9410 CONGRESSIONAL RECORD — HOUSE October 5, 1999

By Mr. MARKEY: ernment of Japan to issue a formal apology H.R. 1505: Mr. EVANS. H.R. 3022. A bill to amend the Communica- and reparations to the victims of its war H.R. 1592: Mr. MASCARA. tions Act of 1934 to improve the disclosure of crimes during World War II; to the Com- H.R. 1593: Mr. KIND. information concerning telephone charges, mittee on International Relations. H.R. 1621: Mr. WEXLER and Mr. BAIRD. and for other purposes; to the Committee on 256. Also, a memorial of the Legislature of H.R. 1644: Mr. BAIRD. Commerce. the State of California, relative to Assembly H.R. 1686: Mr. HUTCHINSON and Mr. RAHALL. By Mr. PASTOR: Joint Resolution 15 memorializing the Presi- H.R. 1728: Mr. HOEFFEL and Mr. RYAN of H.R. 3023. A bill to authorize the Secretary dent and Congress to take action necessary Wisconsin. of the Interior, acting through the Bureau of to honor our country’s moral obligation to H.R. 1987: Mr. CANNON, Mr. HUTCHINSON, Reclamation, to convey property to the provide these Filipino veterans with the Mr. DREIER, Mr. BONILLA, Mrs. FOWLER, Mr. Greater Yuma Port Authority of Yuma military benefits that they deserve, includ- KUYKENDALL, Mr. CALVERT, Mr. HOBSON, and County, Arizona, for use as an international ing, but not limited to, holding related hear- Mr. HAYWORTH. port of entry; to the Committee on Re- ings, and acting favorably on legislation per- H.R. 2053: Mrs. KELLY. sources. taining to granting full veterans benefits to H.R. 2059: Mr. COYNE, Mr. HOLDEN, Mr. By Mr. SMITH of New Jersey: Filipino veterans of the United States Armed ETHERIDGE, and Mr. REYES. H.R. 3024. A bill to amend the Communica- Forces; to the Committee on Veterans’ Af- H.R. 2121: Mr. LAMPSON, Mr. WATT of North tions Act of 1934 to restrict the transmission fairs. Carolina, Mr. GEORGE MILLER of California, of unsolicited electronic mail messages; to 257. Also, a memorial of the Legislature of and Mr. CAPUANO. the Committee on Commerce. the State of California, relative to Assembly H.R. 2240: Mr. FRANKS of New Jersey. By Mr. SOUDER (for himself, Mr. AN- Joint Resolution No. 7 memorializing the H.R. 2241: Ms. DELAURO, Mr. VENTO, Mr. DREWS, and Mr. MCINTOSH): Congress of the United States to index the YOUNG of Florida, Mr. WELDON of Florida, H.R. 3025. A bill to establish a national AMT exemption and tax brackets for infla- Ms. WOOLSEY, and Mr. KINGSTON. clearinghouse for youth entrepreneurship tion; to the Committee on Ways and Means. H.R. 2252: Mr. BLUMENAUER and Mr. CLAY. education; to the Committee on Education 258. Also, a memorial of the Legislature of H.R. 2287: Mr. LANTOS. and the Workforce. the State of California, relative to Assembly H.R. 2420: Mr. TAYLOR of North Carolina, By Mr. TRAFICANT: Joint Resolution No. 23 memorializing the Mr. REYES, Mr. RAHALL, and Mr. RYAN of H.R. 3026. A bill to direct the Secretary of President and Congress of the United States Wisconsin. Transportation to complete construction of to evaluate the problems caused by relo- H.R. 2492: Mr. FROST and Mr. TOWNS. the Hubbard Expressway in the vicinity of cating film industry business to Canada and H.R. 2498: Mr. JONES of North Carolina, Mr. Youngstown, Ohio; to the Committee on other foreign nations, to evaluate the cur- VENTO, Mr. LAFALCE, and Mr. KENNEDY of Transportation and Infrastructure. rent state and federal tax incentives pro- Rhode Island. By Mr. WELDON of Pennsylvania (for vided to the film industry and to promote H.R. 2544: Mr. BARCIA, Mr. MCINNIS, Mrs. himself, Mr. ABERCROMBIE, Ms. KAP- trade-related legislation that will persuade NORTHUP, Mr. TANCREDO, and Mr. WELDON of TUR, Mr. ARMEY, Mr. MURTHA, Mr. the film industry to remain in California; to Florida. COX, Mr. LEACH, Mrs. TAUSCHER, Mr. the Committee on Ways and Means. H.R. 2551: Mr. BLUNT, Mr. STENHOLM, Mr. BONILLA, Mr. SANDERS, Mr. GREENWOOD, Mr. SAXTON, Mr. TAYLOR of North Caro- f lina, Mr. KUCINICH, Mr. ROYCE, Mr. KUCINICH, Mr. LEWIS of Kentucky, and Ms. BURTON of Indiana, Mr. GILMAN, Mr. ADDITIONAL SPONSORS DANNER. H.R. 2594: Mr. HORN, Mr. CONYERS, Ms. WICKER, Mr. HOLDEN, Mr. BRADY of Under clause 7 of rule XII, sponsors Pennsylvania, Mr. GRAHAM, Mr. PELOSI, Mr. DAVIS of Illinois, Ms. JACKSON- CRAMER, Mr. HAYES, Mr. ROHR- were added to public bills and resolu- LEE of Texas, Mr. BONIOR, Mr. LEWIS of Geor- ABACHER, Mr. SHERWOOD, Mr. PITTS, tions as follows: gia, and Mr. WEINER. Mrs. FOWLER, Mr. DELAY, Mr. GOSS, H.R. 65: Mr. OBERSTAR and Mr. BOUCHER. H.R. 2640: Mrs. THURMAN. Mr. WATTS of Oklahoma, Mr. GIB- H.R. 82: Mr. DUNCAN and Mr. MCNULTY. H.R. 2673: Mr. BONIOR. BONS, Mr. BARTLETT of Maryland, Mr. H.R. 123: Mr. EWING. H.R. 2706: Mr. FROST, Mr. FRANK of Massa- SNYDER, Mr. ORTIZ, Mr. ANDREWS, H.R. 142: Mr. HEFLEY. chusetts, Mr. MEEHAN, Mr. WYNN, and Mr. Ms. BROWN of Florida, Mr. HINCHEY, H.R. 271: Ms. PELOSI and Mr. BLAGOJEVICH. SANDERS. Mr. SCHAFFER, Mr. SISISKY, Mr. H.R. 303: Mr. LEACH, Mr. MENENDEZ, Mr. H.R. 2711: Mr. LAFALCE. GOODE, Mr. HOEFFEL, Mr. DICKS, Mr. CLYBURN, Mr. LUCAS of Kentucky, Mr. BARR H.R. 2720: Mr. FOLEY. KANJORSKI, Mr. THORNBERRY, Mr. of Georgia, and Ms. MCCARTHY of Missouri. H.R. 2723: Mr. BORSKI, Mr. GONZALEZ, Mr. STENHOLM, Mr. PICKETT, Mr. CONDIT, H.R. 354: Mr. JACKSON of Illinois and Mr. SCOTT, Mr. GUTIERREZ, Mr. FRANKS of New Mr. PETERSON of Minnesota, Mr. LAHOOD. Jersey, Mr. HALL of Ohio, Mr. JEFFERSON, RYAN of Wisconsin, Mr. HALL of H.R. 460: Mr. MCHUGH. and Mr. LAMPSON. Texas, Mr. LAZIO, Mr. REYES, and Mr. H.R. 531: Mr. EVANS. H.R. 2726: Mr. HALL of Texas, Mr. COLLINS, SANDERS): H.R. 534: Mr. ORTIZ and Mr. REYES. Mr. TRAFICANT, and Ms. GRANGER. H.R. 3027. A bill to propose principles gov- H.R. 654: Mr. HORN. H.R. 2733: Mr. FRANK of Massachusetts, erning the provision of International Mone- H.R. 728: Mr. SKELTON. Mrs. KELLY, Mr. OXLEY, and Mr. SHERMAN. tary Fund assistance to Russia; to the Com- H.R. 783: Mr. SNYDER, Mr. GUTIERREZ, Mrs. H.R. 2738: Mrs. CLAYTON, Mr. WAXMAN, and mittee on Banking and Financial Services, NAPOLITANO, and Mr. LEACH. Mr. DOYLE. and in addition to the Committee on Inter- H.R. 784: Mr. BAIRD and Mr. VITTER. H.R. 2784: Mr. HALL of Texas. national Relations, for a period to be subse- H.R. 860: Mr. HOLDEN. H.R. 2807: Mr. REYES. quently determined by the Speaker, in each H.R. 976: Mr. DEFAZIO. H.R. 2819: Mr. EVANS and Mr. DOOLEY of case for consideration of such provisions as H.R. 979: Mr. PALLONE, Mr. WEYGAND, Mr. California. fall within the jurisdiction of the committee LUCAS of Kentucky, Mrs. CHRISTENSEN, Mr. H.R. 2824: Mr. WAMP. concerned. WATT of North Carolina, Mr. LEWIS of Cali- H.R. 2837: Ms. BERKLEY. By Mr. COX: fornia, Mr. JACKSON of Illinois, Mr. UDALL of H.R. 2901: Mr. TERRY. H.J. Res. 70. A joint resolution providing New Mexico, and Ms. STABENOW. H.R. 2902: Mrs. MINK of Hawaii, Mr. EVANS, for expedited emergency humanitarian as- H.R. 1032: Mr. BURR of North Carolina. Ms. EDDIE BERNICE JOHNSON of Texas, Mr. sistance, disaster relief assistance, and med- H.R. 1046: Mr. VENTO. HASTINGS of Florida, Mr. FRANK of Massa- ical assistance to the people of Taiwan; to H.R. 1082: Mr. HALL of Ohio and Mr. chusetts, Mr. BONIOR, Mr. PAYNE, Mr. OLVER, the Committee on International Relations. STRICKLAND. Mr. DEFAZIO, Mr. BALDACCI, Mr. KUCINICH, By Mr. STRICKLAND: H.R. 1093: Mr. HOEKSTRA. Ms. JACKSON-LEE of Texas, Mr. CONYERS, Mr. H. Con. Res. 192. Concurrent resolution ex- H.R. 1168: Mr. BENTSEN, Mr. STUPAK, Mr. VENTO, and Ms. WATERS. pressing the sense of Congress regarding sup- BAIRD, Mr. BILBRAY, and Mr. ORTIZ. H.R. 2959: Mr. SAM JOHNSON of Texas. port for nongovernmental organizations par- H.R. 1176: Mr. LUTHER. H.R. 2973: Mr. BARCIA. ticipating in honor guard details at funerals H.R. 1221: Mr. HAYES and Mr. SHAYS. H.R. 2982: Mr. LEWIS of Georgia, Mr. of veterans; to the Committee on Armed H.R. 1248: Mr. THOMPSON of California. FATTAH, and Mr. FARR of California. Services. H.R. 1274: Mr. FOLEY. H.R. 2990: Mr. BRYANT, Mr. DEMINT, Mr. H.R. 1294: Mr. VITTER. WATTS of Oklahoma, Mr. BILIRAKIS, Mr. f H.R. 1322: Mr. TOOMEY. CUNNINGHAM, Mr. CHABOT, Mrs. NORTHUP, and MEMORIALS H.R. 1325: Mr. DEUTSCH. Mr. BACHUS. H.R. 1329: Mr. HOSTETTLER, Mr. BAKER, and H.R. 3006: Mr. GEORGE MILLER of Cali- Under clause 3 of rule XII, memorials Mr. NETHERCUTT. fornia. were presented and referred as follows: H.R. 1422: Mr. GONZALEZ, Mr. TOWNS, Mr. H. Con. Res. 132: Ms. STABENOW. 255. The SPEAKER presented a memorial GEORGE MILLER of California, Mr. SANDLIN, H. Con. Res. 186: Mr. ISAKSON, Mr. TALENT, of the Legislature of the State of California, and Ms. BERKLEY. Mr. HEFLEY, and Mr. FOLEY. relative to Assembly Joint Resolution No. 27 H.R. 1445: Mr. JENKINS, Mr. WISE, Mr. H. Con. Res. 189: Mr. BOEHLERT and Mr. BE- memorializing Congress to call on the Gov- TOWNS, and Mr. KINGSTON. REUTER. October 5, 1999 CONGRESSIONAL RECORD — HOUSE H9411 H. Con. Res. 190: Mr. KOLBE and Mr. COOK. PETITIONS, ETC. 60. Also, a petition of Cleveland City Coun- cil, relative to Resolution No. 1587–99 peti- H. Res. 298: Mr. FATTAH, Mr. JEFFERSON, Under clause 3 of rule XII, petitions tioning for a Congressional investigation Mr. KANJORSKI, Ms. ROS-LEHTINEN, Mr. ACK- and papers were laid on the clerk’s into HUD’s handling of Longwood and Rain- ERMAN, Mr. FORBES, Mr. MEEHAN, Mr. desk and referred as follows: bow Apartments; to the Committee on Bank- HASTINGS of Florida, Ms. MILLENDER-MCDON- 59. The SPEAKER presented a petition of ALD, Mr. WYNN, and Mr. SABO. South Amboy City Council, relative to Reso- ing and Financial Services. lution No. 199–99 petitioning the members of H. Res. 303: Mr. HOSTETTLER and Mr. 61. Also, a petition of the City Council of the U.S. Senate and the House of Represent- THUNE. Orange Township, relative to a resolution pe- atives to oppose any budgetary cuts inimical titioning Congress to enact H.R. 1168; jointly to the Community Block Grant funding and to the Committees on Science and Transpor- HUD’s budget; to the Committee on Banking tation and Infrastructure. and Financial Services. 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, OCTOBER 5, 1999 No. 133 Senate The Senate met at 9:30 a.m. and was SCHEDULE If Congress does not reauthorize the called to order by the President pro Mr. MCCAIN. Mr. President, today Airport Improvement Program (AIP), tempore [Mr. THURMOND]. the Senate will resume consideration the Federal Aviation Administration of the pending amendments to the FAA (FAA) will be prohibited from issuing PRAYER bill. Senators should be aware that much needed grants to airports in every state, regardless of whether or The Chaplain, Dr. Lloyd John rollcall votes are possible today prior not funds have been appropriated. We Ogilvie, offered the following prayer: to the 12:30 recess in an attempt to have now entered fiscal year 2000, and Lord of all life, our prayer is like complete action on the bill by the end we cannot put off reauthorization of breathing. We breathe in Your Spirit of the day. As a reminder, first-degree the AIP. The program lapsed as of last and breathe out praise to You. Help us amendments to the bill must be filed to take a deep breath of Your love, Friday. Every day that goes by without by 10 a.m. today. As a further re- an AIP authorization is another day peace, and joy so that we will be re- minder, debate on three judicial nomi- freshed and ready for the day. that important projects cannot move nations took place last night and by ahead. Throughout the day, if we grow weary, previous consent there will be three If we fail to reauthorize this pro- give us a runner’s second wind of re- stacked votes on those nominations at gram, we may do significant harm to newed strength. What oxygen is to the 2:15 p.m. today. Following the comple- the transportation infrastructure of lungs, Your Spirit is to our souls. tion of the FAA bill, the Senate will re- our country. AIP grants play a critical Grant the Senators the rhythm of re- sume consideration of the Labor-HHS part of airport development. Without ceiving Your Spirit and leading with appropriations bill. these grants, important safety, secu- supernatural wisdom. In this quiet mo- I thank my colleagues for their at- rity, and capacity projects will be put ment, we join with them in asking You tention. at risk throughout the country. The to match the inflow of Your power with f types of safety projects that airports the outflow of energy for the pressures use AIP grants to fund include instru- of the day. So much depends on in- AIR TRANSPORTATION ment landing systems, runway light- spired leadership from the Senators at IMPROVEMENT ACT ing, and extensions of runway safety this strategic time. Grant each one The PRESIDING OFFICER. Under areas. what he or she needs to serve coura- the previous order, the Senate will re- But the bill does more than provide geously today. Thank You for a great sume consideration of the pending money. It also takes specific, proactive day lived for Your glory. You are our steps to improve aviation safety. For amendments to the FAA bill. Lord and Savior. Amen. example, S. 82 would require that cargo Pending: aircraft be equipped with instruments f Gorton Amendment No. 1892, to consoli- that warn of impending midair colli- date and revise provisions relating to slot rules for certain airports. sions. Passenger aircraft are already PLEDGE OF ALLEGIANCE Gorton (for Rockefeller/Gorton) Amend- equipped with collision avoidance equipment, which gives pilots ample The Honorable GEORGE ment No. 1893, to improve the efficiency of time to make evasive maneuvers. The VOINOVICH, a Senator from the State the air traffic control system. Baucus Amendment No. 1898, to require the need for these devices was highlighted of Ohio, led the Pledge of Allegiance, reporting of the reasons for delays or can- a few months ago by a near-collision as follows: cellations in air flights. between two cargo aircraft over Kan- I pledge allegiance to the Flag of the Mr. MCCAIN. Mr. President, I am sas. Unfortunately, that was not an United States of America, and to the Repub- sorry that I was not here yesterday isolated incident. lic for which it stands, one nation under God, when the debate began. Nevertheless, I On the aviation safety front, the bill indivisible, with liberty and justice for all. rise in support of S. 82, the Air Trans- also: provides explicit AIP funding eli- f portation Improvement Act. As every- gibility for the installation of inte- one should be aware, this is ‘‘must- grated inpavement lighting systems, pass’’ legislation that includes numer- and other runway incursion prevention RECOGNITION OF THE ACTING ous provisions to maintain and im- devices, requires more types of fixed- MAJORITY LEADER prove the safety, security and capacity wing aircraft in air commerce to be The PRESIDING OFFICER (Mr. of our nation’s airports and airways. equipped with emergency locator VOINOVICH). The Senator from Arizona Furthermore, this bill would make transmitters by 2002, provides broader is recognized. great strides in enhancing competition authority to the FAA to determine Mr. MCCAIN. I thank the Chair. in the airline industry. what circumstances warrant a criminal

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

S11891

. S11892 CONGRESSIONAL RECORD — SENATE October 5, 1999 history record check for persons per- including data captured by flight data low. Airfares at these airports continue forming security screening of pas- recorders. Information about errors is to be consistently higher than other sengers and cargo, reauthorizes the shared to focus on situations in which airports of comparable size. aviation insurance program, also hardware, air traffic control proce- It does not take a trained economist known as war risk insurance. This pro- dures, or company practices create haz- to figure that out. If you restrict the gram provides insurance for commer- ardous situations. number of flights, then obviously the cial aircraft that are operating in high It requires the FAA to study and pro- cost of those flights will go up. risk areas, such as countries at war or mote improved training in the human Additionally, the federal permimeter on the verge of war. Commercial insur- factors arena, including the develop- rule continues to prevent airlines based ers usually will not provide coverage ment of specific training curricula. outside the perimeter from gaining for such operations, which are often re- It provides FAA whistleblowers who competitive access to Reagan National. quired to advance U.S. foreign policy uncover safety risks with the ability to This GAO report reinforces my view or to support our overseas national se- seek redress if they are subject to re- that the perimeter rule is a restrictive curity operations. The program expired taliation for their actions. and anti-competitive Federal regula- on August 6, 1999, and cannot be ex- The legislation provides employees of tion that prohibits airlines from flying tended without this authorization, airlines, and employees of airline con- the routes sought by their customers. gives the FAA the authority to fine un- tractors and subcontractors, with stat- According to testimony presented to ruly airline passengers who interfere utory whistleblower protections to fa- the Commerce Committee by the De- with the operation or safety of a civil cilitate their providing air safety infor- partment of Transportation, the perim- flight, up to $10,000 per violation, au- mation. eter rule is not needed for safety or thorizes $450,000 to address the problem These provisions will be critical in operational reasons. For that matter, of bird ingestions into aircraft engines, the continuing effort to enhance safety neither are slot controls. Therefore, authorizes $9.1 million over three years and reduce the accident rate. these restrictions simply are not war- for a safety and security management Of all the bills that the Senate may ranted. program to provide training for avia- consider this year, the Air Transpor- So long as the Federal Government tion safety personnel. The program tation Improvement Act should be maintains outdated unneeded restric- would concentrate on personnel from easy. This bill is substantially the tions, which favor established airlines countries that are not in compliance same as the Wendell H. Ford National over new entrants, deregulation will with international safety standards, Air Transportation System Improve- not be complete. Slot controls and the authorizes at least $30 million annually ment Act, which this body approved perimeter rule are Federal interference for the FAA to purchase precision in- last September by a vote of 92–1. If with the market’s ability to reflect strument landing systems (ILS) anything, this bill is better than last consumer preferences. We should not through its ILS inventory program, au- year’s. There is no rational reason why be in the position of choosing sides in thorizes at least $5 million for the FAA we can’t take care of this quickly. the marketplace. to carry out at least one project to test Because S. 82 is so similar to last With respect to Reagan National, I and evaluate innovative airport secu- year’s FAA reauthorization bill, I will would like to make one final point. rity systems and related technologies, skip a lengthy description of every pro- Just last month, the GAO came out including explosive detection systems vision, particularly those that have not with another study confirming that the in an airport environment, requires the changed. Nevertheless, I do want to re- airport is fully capable of handling FAA to maintain human weather ob- mind my colleagues of a few key items more flights without compromising servers to augment the services pro- in this legislation and describe what safety or creating significant aircraft vided by the Automated Surface Obser- has changed since last year. delays. The GAO also found that the vation System (ASOS) weather sta- The manager’s amendment to this proposal in this bill pertaining to pe- tions, at least until the FAA certifies bill, which is in the nature of a sub- rimeter rule would not significantly that the automated systems provide stitute, has at least three critical parts harm any of the other airports in this consistent reporting of changing mete- that are worth highlighting. First and region. I believe the GAO’s findings orological conditions, allows the FAA foremost, S. 82 reauthorizes the FAA demonstrated that there are no cred- to continue and expand its successful and the AIP through fiscal year 2002. ible arguments against the modest program of establishing consortia of Second, the bill contains essential pro- changes proposed in this bill. government and aviation industry rep- visions to promote a competitive avia- Although the reported version of S. resentatives at individual airports to tion industry. Third, it will protect the 82 increased the number of new oppor- provide advice on aviation security and environment in our national parks by tunities for service to Reagan National safety, requires that individuals be establishing a system for the manage- compared to last year’s bill, an amend- fined or imprisoned when they know- ment of commercial air tour over- ment that will be offered by Senators ingly pilot a commercial aircraft with- flights. With the help of my colleagues, GORTON and ROCKEFELLER will bring out a valid FAA certificate, requires I have worked long and hard on all of the total number of slot exemptions the FAA to consider the need for (1) these issues. back to the level approved by the Sen- improving runway safety areas, which The provisions in S. 82 that have gen- ate last year. It is sadly ironic that an are essentially runway extensions that erated the most discussion are the air- airport named for President Reagan, provide a landing cushion beyond the line competition provisions. As I have who stood for free markets and deregu- ends of runways; (2) requiring the in- said many times, the purpose of these lation, will continue to be burdened stallation of precision approach path provisions is to complete the deregula- with two forms of economic regula- indicators, which are visual vertical tion of our domestic aviation system tion—slots and a perimeter rule. But guidance landing systems for runways, for the benefit of consumers and com- some loosening of these unfair restric- prohibits any company or employee munities everywhere. According to the tions is better than the status quo, and that is convicted of an offense involv- General Accounting Office, there still so I will not oppose the amendment. ing counterfeit aviation parts from exist significant barriers to competi- Fortunately, the competition-related keeping or obtaining an FAA certifi- tion at several important airports in amendment being offered by Senator cate. Air carriers, repair stations, man- this country. These barriers include GORTON and others includes several sig- ufacturers, and any other FAA certifi- slot controls at Chicago O’Hare, nificant improvements to the reported cate holders would be prohibited from Reagan National, and LaGuardia and bill. Most notably, the slot controls at employing anyone convicted of an of- Kennedy in New York, and the Federal O’Hare, Kennedy, and LaGuardia air- fense involving counterfeit parts. perimeter rule at Reagan National. ports will eventually be eliminated. This bill requires the FAA to accel- In a recent study, the GAO found This is a remarkable win for consumers erate a rulemaking on Flight Oper- that the established airlines have ex- and a change that I endorse whole- ations Quality Assurance. FOQA is a panded their slot holdings a the four- heartedly. Furthermore, before the slot program under which airlines and their slot constrained airports, while the controls are lifted entirely, regional crews share operational information, share held by startup airlines remains jets, and new entrant air carriers will October 5, 1999 CONGRESSIONAL RECORD — SENATE S11893 have more opportunities to serve these the busiest day of the year in America. was no excuse for the treatment many airports. The typically low cost, low It is not a lot of fun. of those airline passengers received on fare new entrants will bring competi- I do a lot of flying, a great deal of that day and other passengers have re- tion to these restricted markets, which flying this year, more than I have in ceived in other airports around the will result in lower fares for travelers. previous years. I see the increase in country, only the examples were not as Travelers from small communities will delays, especially along the east coast egregious, nor did they get the wide- benefit from increased access to these corridor. I have seen when there is a spread publicity. crucial markets. little bit of bad weather our air traffic If you believe, as I do, if we continue I am not alone in believing that the control system becomes gridlocked and the economic prosperity that we have competition provisions in the bill are a hours and hours of delay ensue. These been enjoying in this country, we will big step forward for all Americans. delays are well documented. continue to see a dramatic and very Support for these competition-enhanc- The committee is going to have to significant increase in the use of the ing provisions is strong and wide- look at what we have done in the air airlines by American citizens, we have spread. I have heard from organizations traffic control system modernization major challenges ahead. as diverse as the Western Governor’s area. We are going to have to look at I do not pretend that this legislation Association of Attorneys General, the what they have not done. There are a addresses all of those challenges, but I Des Monies International Airport, and number of recommendations, some of do assert, unequivocally, that if we Midwest Express Airlines. All of them which we have acted on in this com- pass this legislation, pass it through support one or more of the provisions mittee, some of which we have not. But the body, get it to conference, and get that loosen or eliminate slot and pe- if we do not pass this legislation, then it out, we will make some significant rimeter rule restrictions. how can we move forward in aviation steps forward, including in the vital But it was a letter from just an aver- in this country? area of aviation safety. age citizen in Alexandria, VA that I believe any objective economist I again thank Senator GORTON and caught my attention. He said that he will assure all of us that deregulation Senator ROCKEFELLER for all their hard feels victimized by the artificial re- has led to increased competition and work on this issue. I remind my col- strictions placed on flights from lower fares. But some of that trend has leagues that in about 5 minutes, ac- Reagan National. His young family is leveled off of late because of a lack of cording to the unanimous consent living on one paycheck. He says that competition, because of a lack of abil- agreement, all relevant amendments his family budget does not allow them ity to enter the aviation industry. should be filed. the luxury of using Reagan National, This is disturbing to me because the Mr. President, I suggest the absence which is less than ten minutes from his one thing, it seems to me, we owe of a quorum. home. To him, using Reagan National Americans is an affordable way of get- The PRESIDING OFFICER. The seems to be ‘‘a privilege reserved for ting from one place to another; and clerk will call the roll. the wealthy and those on expense ac- more and more Americans, obviously, The bill clerk proceeded to call the counts.’’ For the sake of his privacy I are making use of the airlines. roll. will not mention his name, but this is I can give you a lot of anecdotal sto- Mr. MCCAIN. Mr. President, I ask precisely the type of person who de- ries about what the effective competi- unanimous consent that the order for serves the benefits of more competition tion is. For example, at Raleigh-Dur- the quorum call be rescinded. The PRESIDING OFFICER. Without at restricted airports like Reagan Na- ham Airport, when it was announced objection, it is so ordered. tional. that a new, low-cost airline was going Mr. MCCAIN. Mr. President, I ask In summary, this bill represents two to be operating out of that airport, the unanimous consent that notwith- years of work on a comprehensive day after the announcement, long be- standing the 10 a.m. filing requirement, package to promote aviation safety, fore the airline started its competition, it be in order for a managers’ amend- airport and air traffic control infra- the average fares dropped by 25 per- ment and, further, the majority and structure investment, and enhanced cent—a 25-percent drop in average air- minority leaders be allowed to offer competition in the airline industry. fares. We have to do whatever we can to en- one amendment each. Our air transportation system is essen- The PRESIDING OFFICER. Without courage the ability of new entrants to tial to the Nation’s well being. We objection, it is so ordered. come into the aviation business. My must not neglect its pressing needs. If Mr. MCCAIN. I suggest the absence of we fail to act, the FAA will be pre- greatest disappointment in deregula- a quorum. vented from addressing vital security tion of the airlines is that the phe- The PRESIDING OFFICER. The and safety needs in every State in the nomenon which was generated initially clerk will call the roll. Union. I urge all of my colleagues to has not remained nearly at the level we The legislative clerk proceeded to support swift passage of this legisla- would like to see it. call the roll. tion. There are problems many of my col- Ms. COLLINS. Mr. President, I ask I thank Senator HOLLINGS and his leagues, including the Senator from unanimous consent that the order for staff, Senator ROCKEFELLER, Senator West Virginia, have talked about at the quorum call be rescinded. GORTON, and all members of the Com- length—of rural areas not being able to The PRESIDING OFFICER. Without merce Committee who have taken a have just minimal air services. That is objection, it is so ordered. very active role in putting this legisla- why we are dramatically increasing the Ms. COLLINS. Mr. President, what is tion together. It is a significantly large essential air service authorization, so the pending business? piece of legislation reflecting a great that more rural areas can achieve it. The PRESIDING OFFICER. The deal of complexities associated with I also think it is very clear the air pending business is the Baucus amend- aviation and the importance of it. traffic control system is lagging far be- ment No. 1898. Approximately a year ago, a commis- hind. I think there is no doubt that we Ms. COLLINS. Mr. President, I ask sion that was mandated to be convened have had problems with passengers re- unanimous consent that the pending by legislation reported to the Congress ceiving fundamental courtesies and amendment be laid aside and that I be and the American people. Their find- rights which they deserve. That is why permitted to call up an amendment ings and recommendations were very there has been so much attention gen- that I have at the desk. disturbing. In summary, these very erated concerning the need for some The PRESIDING OFFICER. Without qualified individuals reported that un- fundamental, basic rights that pas- objection, it is so ordered. less we rapidly expand our aviation ca- sengers should have and receive from AMENDMENT NO. 1907 pability in America, every day, in the airlines. For example, the debacle (Purpose: To establish a commission to every major airport in America, is of last Christmas at Detroit should study the impact of deregulation of the going to be similar to the day before never be repeated in America, what air- airline industry on small town America) Thanksgiving. I do not know how many line passengers were subjected to on Ms. COLLINS. Mr. President, I send of my colleagues have had the oppor- that unhappy occasion. Yes, it was gen- an amendment to the desk and ask for tunity of being in a major airport on erated by bad weather, but, no, there its immediate consideration. S11894 CONGRESSIONAL RECORD — SENATE October 5, 1999 The PRESIDING OFFICER (Mr. (B) CONTENTS.—The Commission shall con- (B) COMPENSATION.—The Chairperson of the CRAPO). The clerk will report. duct a thorough study of the impacts of de- Commission may fix the compensation of the The legislative clerk read as follows: regulation of the airline industry of the executive director and other personnel with- United States on— out regard to the provisions of chapter 51 and The Senator from Maine [Ms. COLLINS], for (i) the affordability, accessibility, avail- subchapter III of chapter 53 of title 5, United herself, Mr. BURNS, Mr. BAUCUS, Mr. ROBB, ability, and quality of air transportation, States Code, relating to classification of po- Mr. HOLLINGS, Mr. ROCKEFELLER, and Mr. particularly in small-sized and medium-sized sitions and General Schedule pay rates, ex- HARKIN, proposes an amendment numbered communities; cept that the rate of pay for the executive di- 1907. (ii) economic development and job cre- rector and other personnel may not exceed Ms. COLLINS. Mr. President, I ask ation, particularly in areas that are under- the rate payable for level V of the Executive unanimous consent that reading of the served by air carriers; Schedule under section 5316 of such title. amendment be dispensed with. (iii) the economic viability of small-sized (3) DETAIL OF GOVERNMENT EMPLOYEES.— The PRESIDING OFFICER. Without airports; and Any Federal Government employee may be objection, it is so ordered. (iv) the long-term configuration of the detailed to the Commission without reim- The amendment is as follows: United States passenger air transportation bursement, and such detail shall be without system. At the appropriate place insert the fol- interruption or loss of civil service status or (C) MEASUREMENT FACTORS.—In carrying lowing new section: privilege. out the study under this subsection, the (4) PROCUREMENT OF TEMPORARY AND INTER- SEC. ll01. AIRLINE DEREGULATION STUDY Commission shall develop measurement fac- MITTENT SERVICES.—The Chairperson of the COMMISSION. tors to analyze the quality of passenger air (a) ESTABLISHMENT OF COMMISSION.— Commission may procure temporary and transportation service provided by air car- intermittent services under section 3109(b) of (1) ESTABLISHMENT.—There is established a riers by identifying the factors that are gen- commission to be known as the Airline De- title 5, United States Code, at rates for indi- erally associated with quality passenger air viduals which do not exceed the daily equiva- regulation Study Commission (in this sec- transportation service. tion referred to as the ‘‘Commission’’). lent of the annual rate of basic pay pre- (D) BUSINESS AND LEISURE TRAVEL.—In con- (2) MEMBERSHIP.— scribed for level V of the Executive Schedule ducting measurements for an analysis of the under section 5316 of such title. (A) COMPOSITION.—Subject to subparagraph affordability of air travel, to the extent prac- (B), the Commission shall be composed of 15 (e) TERMINATION OF COMMISSION.—The Com- ticable, the Commission shall provide for ap- mission shall terminate 90 days after the members of whom— propriate control groups and comparisons date on which the Commission submits its (i) 5 shall be appointed by the President; with respect to business and leisure travel. report under subsection (b). (ii) 5 shall be appointed by the President (2) REPORT.—Not later than 1 year after (f) AUTHORIZATION OF APPROPRIATIONS.— pro tempore of the Senate, 3 upon the rec- the date of the enactment of this Act, the (1) IN GENERAL.—There is authorized to be ommendation of the Majority Leader, and 2 Commission shall submit an interim report appropriated $950,000 for fiscal year 2000 to upon the recommendation of the Minority to the President and Congress, and not later the Commission to carry out this section. Leader of the Senate; and than 18 months after the date of the enact- (2) AVAILABILITY.—Any sums appropriated (iii) 5 shall be appointed by the Speaker of ment of this Act, the Commission shall sub- pursuant to the authorization of appropria- the House of Representatives, 3 upon the mit a report to the President and Congress. tions in paragraph (1) shall remain available Speaker’s own initiative, and 2 upon the rec- Each such report shall contain a detailed until expended. ommendation of the Minority Leader of the statement of the findings and conclusions of Ms. COLLINS. Mr. President, I rise House of Representatives. the Commission, together with its rec- (B) MEMBERS FROM RURAL AREAS.— ommendations for such legislation and ad- today to offer an amendment to the (i) REQUIREMENT.—Of the individuals ap- ministrative actions as it considers appro- FAA reauthorization bill to establish pointed to the Commission under subpara- priate. an independent commission to thor- graph (A)— (c) POWERS OF THE COMMISSION.— oughly examine the impact of airline (I) one of the individuals appointed under (1) HEARINGS.—The Commission may hold deregulation on smalltown America. I clause (i) of that subparagraph shall be an such hearings, sit and act at such times and am very pleased to be joined in this ef- individual who resides in a rural area; and places, take such testimony, and receive fort by several cosponsors, including (II) two of the individuals appointed under such evidence as the Commission considers Senators ROCKEFELLER, BURNS, BAU- each of clauses (ii) and (iii) of that subpara- advisable to carry out the duties of the Com- graph shall be individuals who reside in a mission under this section. CUS, ROBB, HOLLINGS, and HARKIN. This amendment is modeled after a rural area. (2) INFORMATION FROM FEDERAL AGENCIES.— (ii) GEOGRAPHIC DISTRIBUTION.—The ap- The Commission shall consult with the bill I recently introduced that would pointment of individuals under subparagraph Comptroller General of the United States authorize a study into how airline de- (A) pursuant to the requirement in clause (i) and may secure directly from any Federal regulation has affected the economic of this subparagraph shall, to the maximum department or agency such information as development of smaller towns in Amer- extent practicable, be made so as to ensure the Commission considers necessary to carry ica, the quality and availability of air that a variety of geographic areas of the out the duties of the Commission under this transportation, particularly in rural country are represented in the membership section. Upon request of the Chairperson of areas of this country, and the long- of the Commission. the Commission, the head of such depart- term viability of local airports in (C) DATE.—The appointments of the mem- ment or agency shall furnish such informa- smaller communities and rural areas. bers of the Commission shall be made not tion to the Commission. For far too long, small communities later than 60 days after the date of the enact- (3) POSTAL SERVICES.—The Commission ment of this Act. may use the United States mails in the same throughout this Nation, from Bangor, (3) PERIOD OF APPOINTMENT; VACANCIES.— manner and under the same conditions as ME, to Billings, MT, to Bristol, TN, Members shall be appointed for the life of other departments and agencies of the Fed- have weathered the effects of airline the Commission. Any vacancy in the Com- eral Government. deregulation without adequately as- mission shall not affect its powers, but shall (4) GIFTS.—The Commission may accept, sessing how deregulation has affected be filled in the same manner as the original use, and dispose of gifts or donations of serv- their economic development, their appointment. ices or property. ability to create and attract new jobs, (4) INITIAL MEETING.—Not later than 30 (d) COMMISSION PERSONNEL MATTERS.— the quality and availability of air days after the date on which all members of (1) TRAVEL EXPENSES.—The members of the transportation for their residents, and Commission shall be allowed travel expenses, the Commission have been appointed, the the long-term viability of their local Commission shall hold its first meeting. including per diem in lieu of subsistence, at (5) MEETINGS.—The Commission shall meet rates authorized for employees of agencies airports. It is time to evaluate the ef- at the call of the Chairperson. under subchapter I of chapter 57 of title 5, fects of airline deregulation from this (6) QUORUM.—A majority of the members of United States Code, while away from their new perspective by looking at how it the Commission shall constitute a quorum, homes or regular places of business in the has affected the economies in small but a lesser number of members may hold performance of services for the Commission. towns and rural America. hearings. (2) STAFF.— Bangor, ME, where I live, is an excel- (7) CHAIRPERSON.—The Commission shall (A) IN GENERAL.—The Chairperson of the lent example of how airline deregula- select a Chairman and Vice Chairperson from Commission may, without regard to the civil tion can cause real problems for a among its members. service laws and regulations, appoint and smaller community. Bangor recently (b) DUTIES OF THE COMMISSION.— terminate an executive director and such learned it was going to lose the serv- (1) STUDY.— other additional personnel as may be nec- (A) DEFINITIONS.—In this subsection, the essary to enable the Commission to perform ices of Continental Express. This fol- terms ‘air carrier’ and ‘air transportation’ its duties. The employment of an executive lows a pullout by Delta Airlines last have the meanings given those terms in sec- director shall be subject to confirmation by year. It has been very difficult for Ban- tion 40102(a). the Commission. gor to provide the kind of quality air October 5, 1999 CONGRESSIONAL RECORD — SENATE S11895 service that is so important in trying and quality. The follow-on con- The PRESIDING OFFICER. Without to attract new businesses to locate in sequences are a decreasing capacity to objection, it is so ordered. the area as well as to encourage busi- attract economic growth. AMENDMENT NOS. 1948 AND 1949, EN BLOC nesses to expand. He sums it up well. A region’s ability Mr. MCCAIN. Mr. President, I send Nowadays, businesses expect to have to attract and keep good jobs is inex- two amendments to the desk, en bloc, convenient, accessible, and affordable tricably linked to its transportation and ask for their immediate consider- air service. It is very important to system. Twenty-one years after Con- ation. their ability to do business. Although gress deregulated the airline industry, The PRESIDING OFFICER. The there have been several studies on the it is important that we now look and clerk will report. impact of airline deregulation, they assess the long-term impacts of our ac- The legislative clerk read as follows: have all focused on some aspects of air tions. The commission established by The Senator from Arizona [Mr. MCCAIN] service itself. For example, there have my amendment will ensure that Con- proposes amendments numbered 1948 and been GAO studies that have looked at gress, small communities, and the air- 1949, en bloc. the impact on airline prices. lines are able to make future decisions The amendments are as follows: on airline issues fully aware of the con- Not one study I am aware of has ac- AMENDMENT NO. 1948 cerns and the needs of smalltown tually analyzed the impact of airline (Purpose: To prohibit discrimination in the deregulation on economic development America. use of Private Airports) Mr. President, I thank the chairman and job creation in rural States. In- At the appropriate place insert the fol- deed, we have spoken to the GAO and of the committee and the ranking mi- lowing: nority members of both the sub- the Department of Transportation, and SEC. . NONDISCRIMINATION IN THE USE OF PRI- they are not aware of a single study committee and the full committee for VATE AIRPORTS. their assistance in shaping this amend- that has taken the kind of comprehen- (a) PROHIBITING DISCRIMINATION IN THE USE ment. I look forward to working with OF PRIVATE AIRPORTS.—Chapter 401 of Sub- sive approach I am proposing. More- them. I know they share my concerns title VII of title 49, United States Code, is over, one GAO official told my staff he about providing quality, accessible air amended by inserting the following new sec- thought such a study was long overdue. service to all parts of America. I thank tion after section 40122: We need to know more about how air- them for their cooperation in this ef- ‘‘§ 40123. Nondiscrimination in the Use of Pri- line deregulation has affected smaller fort and yield the floor. vate Airports and medium-sized communities such as The PRESIDING OFFICER. The Sen- ‘‘(a) IN GENERAL.—Notwithstanding any Presque Isle, ME, and Bangor, ME. We ator from West Virginia. other provision of law, no state, county, city need to focus on the relationship be- Mr. ROCKEFELLER. Mr. President, or municipal government may prohibit the tween access to affordable, quality air- obviously, this Senator from West Vir- use or full enjoyment of a private airport line service and the economic develop- ginia is already a cosponsor of the within its jurisdiction by any person on the ment of America’s smaller towns and basis of that person’s race, creed, color, na- amendment. There are very few people tional origin, sex, or ancestry. cities. who would know the situation in this During the past 20 years, air travel amendment as well as the Senator AMENDMENT NO. 1949 has become increasingly linked to busi- from Maine. Her State, as many rural (Purpose: To amend section 49106(c)(6) of ness development. Successful busi- States, has had a major reaction to de- title 49, United States Code, to remove a nesses expect and need their personnel regulation. Economic development is limitation on certain funding) to travel quickly over long distances. always the first thing on the minds of SECTION 1. SHORT TITLE. It is expected that a region being con- States that are trying to grow and at- This Act may be cited as the ‘‘Metropoli- sidered for business location or expan- tract their population back. This is tan Airports Authority Improvement Act’’. sion should be reachable conveniently, simply asking for a commission to SEC. 2. REMOVAL OF LIMITATION. quickly, and easily via jet service. study the effects of deregulation on Section 49106(c)(6) of title 49, United States Those areas without air access or with economic development. I think it is Code, is amended— (1) by striking subparagraph (C); and access that is restricted by prohibitive very sensible. I think it highlights a (2) by redesignating subparagraph (D) as travel costs, infrequent flights, or real agony for a lot of States. It is subparagraph (C). small, slow planes appear to be at a highly acceptable on this side. Mr. MCCAIN. Mr. President, these distinct disadvantage compared to Mr. MCCAIN addressed the Chair. two amendments, along with amend- The PRESIDING OFFICER. The Sen- those communities that enjoy acces- ment No. 1893, which was previously of- ator from Arizona. sible, convenient, and economic air fered, have been accepted on both sides. service. Mr. MCCAIN. Mr. President, I also thank the Senator from Maine. I do un- There is no further debate on the This country’s air infrastructure has amendments, and I ask for their adop- grown to the point where it now rivals derstand there have been some very negative impacts on Bangor and other tion. our ground transportation infrastruc- The PRESIDING OFFICER. Without parts of the State of Maine associated ture in its importance to the economic objection, the amendments are agreed with airline deregulation. It needs to vibrancy and vitality of our commu- to. be studied. We need to find out how we nities. It has long been accepted that The amendments (Nos. 1948, 1949, and can do a better job, as I said in my ear- building a highway creates an almost 1893) were agreed to. lier remarks, allowing smaller and me- instant corridor of economic activity Mr. MCCAIN. Mr. President, I move dium-sized markets to receive the air for businesses eager to cut shipping to reconsider the vote. and transportation costs by locating service they deserve which has such a Mr. ROCKEFELLER. I move to lay close to the stream of commerce. dramatic impact on their economies. that motion on the table. I thank the Senator from Maine for Like a community located on an The motion to lay on the table was her amendment. Both sides are pre- interstate versus one that is reachable agreed to. pared to accept the amendment. only by back roads, a community with Mr. MCCAIN. Mr. President, it is my The PRESIDING OFFICER. The a midsize or small airport underserved understanding that there is now some question is on agreeing to amendment 304 amendments that are germane that by air carriers appears to be operating No. 1907. at a disadvantage to one located near a The amendment (No. 1907) was agreed have been filed by the Senator from Il- large airport. What this proposal would to. linois. Obviously, that is his right do is allow us to take a close look at Mr. MCCAIN. Mr. President, I move under the rules of the Senate. the relationship between quality air to reconsider the vote. I would like for the Senator from Illi- service and the communities it serves. Mr. COLLINS. I move to lay that mo- nois to understand what he is doing. Bob Ziegelaar, director of the Bangor tion on the table. This is a very important piece of legis- International Airport, perhaps put it The motion to lay on the table was lation. It has a lot to do with safety. best. He tells me: Communities such as agreed to. The Senator from Illinois should know Bangor are at risk of being left behind Mr. MCCAIN. Mr. President, I ask that. He is jeopardizing, literally, the with service levels below what the mar- unanimous consent that the pending safety of airline passengers across this ket warrants, both in terms of capacity amendment be laid aside. country, perhaps throughout the world. S11896 CONGRESSIONAL RECORD — SENATE October 5, 1999 I will relate to the Senator what he not be extended without this authorization Provides employees of airlines, and em- is doing. Before I do, I think he should in place. (Sec. 307) ployees of airline contractors and sub- know there are strong objections by Requires all large cargo aircraft to be contractors, with statutory whistleblower equipped with collision avoidance equipment the Senators from Virginia, the Sen- protections to facilitate their providing air by the end of 2002. (Sec. 402) safety information. (Sec. 419) ators from New York, and the Senators Gives the FAA the authority to fine unruly from Maryland, concerning this whole airline passengers who interfere with the op- Mr. MCCAIN. Mr. President, I won’t issue of slots and the perimeter rule— eration or safety of a civil flight, up to go through them all. This is a very im- but particularly slots. We have been $10,000 per violation. (Sec. 406) portant bill. In this very contentious able to work with the Senators from Authorizes $450,000 to address the problem and difficult time concerning balanced of bird ingestions into aircraft engines. (Sec. these other States that are equally af- budgets and funding for other institu- 101) tions of Government, this authoriza- fected. It is very unfortunate that the Authorizes $9.1 million over three years for Senator from Illinois cannot sit down a safety and security management program tion bill has been brought up by the and work out something that would be to provide training for aviation safety per- majority leader, not by me. I hope it is agreeable. sonnel. The program would concentrate on fully recognized. I repeat, the Senators I want to tell the Senator from Illi- personnel from countries that are not in from Virginia, Senator WARNER and nois, again, this is very serious busi- compliance with international safety stand- Senator ROBB, Senator MIKULSKI, Sen- ards. (Sec. 101) ator SARBANES, Senator DURBIN, and ness we are talking about. We are talk- Authorizes at least $30 million annually for Senator FITZGERALD’s predecessor, all ing about aviation safety. This is the the FAA to purchase precision instrument reauthorization of the Aviation Im- landing systems (ILS) through its ILS inven- worked together on this issue. We need provement Program. It requires fixed- tory program. (Sec. 102) to work this out and we need to have wing aircraft in air commerce to be Authorizes at least $5 million for the FAA this authorization complete. I hope we equipped with emergency locator to carry out at least one project to test and can get that done as soon as possible. evaluate innovative airport security systems Mr. President, I yield the floor. transmitters; it provides broader au- and related technologies, including explosive thority to the FAA to determine what The PRESIDING OFFICER. The Sen- detection systems in an airport environment ator from Illinois is recognized. circumstances warrant a criminal his- (Sec. 105) tory record check for persons per- Requires the FAA to maintain human PRIVILEGE OF THE FLOOR forming security screening of pas- weather observers to augment the services Mr. FITZGERALD. Mr. President, I sengers and cargo; it extends the au- provided by the Automated Surface Observa- ask unanimous consent that John tion System (ASOS) weather stations, at thorization for the Aviation Insurance Fisher of the Congressional Research least until the FAA certifies that the auto- Service be granted the privilege of the Program, also known as war risk insur- mated systems provide consistent reporting ance, through 2003; it requires all large of changing meteorological conditions. (Sec. floor during the Senate’s consideration cargo aircraft to be equipped with col- 106) of S. 82. lision avoidance equipment by the end Allows the FAA to continue and expand its The PRESIDING OFFICER. Without of 2002; it gives FAA the authority to successful program of establishing consortia objection, it is so ordered. fine unruly airline passengers who of government and aviation industry rep- Mr. FITZGERALD. Mr. President, in resentatives at individual airports to provide interfere with the operation or safety response to the distinguished Senator advice on aviation security and safety. (Sec. from Arizona, I would be delighted to of a civil flight, up to $10,000 per viola- 303) tion; it authorizes $450,000 to address Requires the imprisonment (up to three work with him as best I can. I am sorry the problem of bird ingestions into air- years) or imposition of a fine upon any indi- we have missed each other in recent craft engines; it authorizes $9.1 million vidual who knowingly serves as an airman days. Obviously, he has dual respon- over 3 years for a safety and security without an airman’s certificate from the sibilities now as a candidate for Presi- management program to provide train- FAA. The same penalties would apply to dent of the United States. I would cer- anyone who employs an individual as an air- ing for aviation safety personnel. tainly like to continue negotiations man who does not have the applicable air- with him. I do believe—— Mr. President, I have three pages. I man’s certificate. The maximum term of im- Mr. MCCAIN. If the Senator will ask unanimous consent that it be prisonment increases to five years if the vio- printed in the RECORD. lation is related to the transportation of a yield, he knows full well that for the There being no objection, the mate- controlled substance. (Sec. 309) last several months—in fact, ever since rial was ordered to be printed in the Requires the FAA to consider the need for he came to this body—the Senator and RECORD, as follows: (1) improving runway safety areas, which are I have been discussing this issue. It has essentially runway extensions that provide a Safety-related Provisions in S. 82, Air Transpor- nothing to do with any Presidential landing cushion beyond the ends of runways tation Improvement Act campaign or anything else. The Sen- at certificated airports; (2) requiring the in- ator should know that and correct the Extends the contract authority through stallation of precision approach path indica- fiscal year 2000 for Airport Improvement tors (PAPI), which are visual vertical guid- record. Programs (AID) grants. Federal airport ance landing systems for runways. (Sec. 403) Mr. FITZGERALD. Well, I under- grants lapsed on August 6, 1999, because the Prohibits any company or employee that is stand the last time we talked, I contract authority had not been extended. convicted of installing, producing, repairing thought the Senator was working to Authorizes a $2.475 billion AID program in or selling counterfeit aviation parts from address my concerns. In fact, I didn’t fiscal year 2000. (Sec. 103) keeping or obtaining an FAA certificate. Air realize he supported lifting the high Provides explicit AIP funding eligibility carriers, repair stations, manufacturers, and for the installation of integrated in-pave- density rule altogether. I guess that is any other FAA certificate holders would be what has taken me by surprise. Sen- ment lighting systems, and other runway in- prohibited from employing anyone convicted cursion prevention devices. (Sec. 205) of an offense involving counterfeit parts. ator Moseley-Braun, my predecessor, Requires nearly all fixed-wing aircraft in (Sec. 405) and Senator DURBIN urged your support air commerce, to be equipped with emer- Requires the FAA to accelerate a rule- to limit the increased exceptions for gency locator transmitters by 2002. (Sec. 404) making on Flight Operations Quality Assur- slot restrictions at O’Hare from 100 Provides broader authority to the FAA to ance (FOQA). FOQA is a program under down to 30. You had supported that in determine what circumstances warrant a which airlines and their crews share oper- your original bill which had that 30 fig- criminal history record check for persons ational information, including data captured ure. You and I had been having discus- performing security screening of passengers by flight data recorders. Sanitized informa- and cargo. (Sec. 306) tion about crew errors is shared, to focus on sions with respect to that. Extends the authorization for the aviation situations in which hardware, air traffic con- This year, the amendment by Sen- insurance programs (also known as war risk trol procedures, or company practices create ator GORTON and Senator ROCKEFELLER insurance) through 2003. The program pro- hazardous situations. (Sec. 409) is what has given me pause because, vides insurance for commercial aircraft that Requires the FAA to study and promote obviously, that would be going in a dif- are operating in high risk areas, such as improved training in the human factors ferent direction than the limitations countries at war or on the verge of war. Com- arena, including the development of specific that were worked out with you, Sen- mercial insurers usually will not provide training curricula. (Sec. 413) coverage for such operations, which are often Provides FAA whistleblowers who uncover ator DURBIN, and former Senator required to advance U.S. foreign policy or safety risks with the ability to seek redress Moseley-Braun last year in what was the country’s national security policy. The if they are subject to retaliation for their ac- reflected as the original version of S. program expired on August 6, 1999, and can- tions. (Sec. 415) 82. October 5, 1999 CONGRESSIONAL RECORD — SENATE S11897

Mr. MCCAIN. If the Senator will I want the Senate to know the cur- of the full committee, Senator MCCAIN. yield, the fact is, the Senator has been rent status of passenger rights so we Also, it has been shared with the chair- involved in discussions in the Cloak- can begin to strengthen the hand of man of the subcommittee. room, on the floor, in my office, and passengers at a time when we have a There are many things in this good other places on this issue. If we don’t record number of consumer complaints. bill with which I agree. I am especially agree, that is one thing, but to say Two weeks ago, the Senate began the pleased, with Senator ROCKEFELLER, somehow that my attention has been task of trying to empower the pas- Senator MCCAIN, and Senator GORTON, diverted is an inaccurate depiction of sengers with the Transportation appro- we are taking steps to improve com- the situation. priations bill. In that legislation, we petition. I am very pleased, for exam- Mr. FITZGERALD. Mr. President, I directed the Department of Transpor- ple, we are doing more for small and yield the floor. tation inspector general to investigate medium-size markets. These are very The PRESIDING OFFICER. The Sen- unfair and deceptive practices in the sensible proposals. ator from Oregon. airline industry. The Department of My concern is that together and on a Mr. WYDEN. Mr. President, since we Transportation inspector general does bipartisan basis, we need to persuade are on the FAA bill this morning, I will not currently conduct these investiga- the airline industry to put just a small take a few minutes to discuss the issue tions so we added the mandatory bind- fraction of the ingenuity and expertise of airline passenger rights. ing consumer protection language in they have that has produced one of the In the face of a wave of consumer the Transportation appropriations bill world’s truly extraordinary safety complaints which are running at twice to ensure the Transportation inspector records—the airline industry’s safety the number this time last year, the air- general would have exactly the same record is extraordinary, and I simply line industry has proposed a Customer authority to investigate these con- want to see them put the ingenuity and First program. I will take a few min- sumer protection issues that I proposed expertise they have into trying to en- utes this morning to ensure the Senate in the airline passenger bill of rights sure that passengers get a fair shake as understands what this program is all early this session. well. about. After the industry released its On this FAA bill, I am proposing an- It is not right at a time like this, voluntary proposal, I asked the Gen- other step to help passengers. The pur- particularly when many of the airlines eral Accounting Office and the Con- pose of the amendment I offer is to are making such significant profits, to gressional Search Service to analyze make sure customers can find out leave airline service for the passengers what the industry had actually pro- whether the airlines are actually living out on the runway. The figures are in- posed. In summary, these two reports— up to their voluntary commitments by disputable. There are a record number the one done by the General Account- beginning to write them into the con- of complaints. I hear constantly from ing Office and the one done by the Con- tracts of carriage—the binding agree- business travelers about the unbeliev- gressional Research Service—dem- ment between the passenger and the able problems they have with failure to onstrates, unfortunately, when it airline. disclose, for example, overbooking. comes to the industry’s plan to protect This is what the law division of the Many consumers have had problems passenger rights, there is no ‘‘There Congressional Research Service had to trying to find out about the lowest there.’’ say on that point: fare. These two reports found the airline It would appear that the voluntary avia- With the binding consumer protec- industry’s proposal puts passenger tion industry standards would probably not tion language that was adopted in the rights into three categories: first, have the same level of contractual enforce- Transportation appropriations bill so rights that passengers already have, as ability that the provisions of the ‘‘contract there will be an investigation into the in the rights of the disabled; second, of carriage’’ has. Under basic American con- problems I outlined in the airline pas- tract law, the airlines offer certain terms senger bill of rights, we have made a rights that have no teeth in them be- and service under these ‘‘contracts of car- cause they are not written into the riage’’ and the consumer accepts this offer start. Today we will have a chance to contracts of carriage between the pas- and relies on the terms of the contract when build on that by making sure these vol- senger and the airline; third, rights he or she buys a ticket. The voluntary indus- untary pledges begin to show up in the that are ignored altogether, such as try standards are not the basis of the con- contracts of carriage that actually pro- the right to full information on over- tract and may lack the enforceability that tect the consumer. booking and ensuring that passengers the conditions of the ‘‘contract of carriage’’ I express my thanks to Chairman can find out about the lowest possible may possess. MCCAIN and Senators ROCKEFELLER and fare. What especially troubles me is that GORTON for working with me on these Specifically, I asked the General Ac- the airlines are clearly dragging their matters and particularly to make sure counting Office to compare the vol- feet on actually writing these con- the Senate knows that in many areas, untary pledges made by the airline in- sumer protection provisions in any the areas that promote competition dustry to the hidden but actually bind- kind of meaningful fashion. and address the needs of small and me- ing contractual rights airline pas- In fact, one of the proposals I saw dium-size airports—this is an impor- sengers have that are written into from American Airlines stipulates spe- tant bill. We can strengthen it with something known as a contract of car- cifically that their pledges to the con- this consumer protection amendment. riage. The Congressional Research sumer are not enforceable, that they I yield the floor. Service pointed out: are not going to be in the contracts of The PRESIDING OFFICER. The Sen- carriers. . . .front line airline staff seem uncertain ator from Arizona. as to what contracts of carriage are. Under my amendment on this FAA Mr. MCCAIN. Mr. President, I thank bill, the Department of Transportation the Senator from Oregon for his stead- The Congressional Research Service inspector general is going to inves- fast advocacy for airline passengers found that: tigate whether an airline means what and a range of other issues. I believe he ... even if the consumer knows they have it says, whether it is actually moving has done this Nation a great service by a right to the information, they must accu- to put these various nice-sounding, vol- attempting to see that airline pas- rately identify the relevant provisions of the contract of carriage or take home the ad- untary proposals into meaningful lan- sengers have certain fundamental ben- dress or phone number, if available, of the guage. I am very hopeful that as a re- efits that most Americans assume they airline’s consumer affairs department, send sult of this amendment, we are going already had before certain information for it and wait for the contract of carriage to to know the truth about actually what became known to them and to the Sen- arrive in the mail. kind of consumer protection proposals ate. I thank him very much. It appears As the Congressional Research Serv- are in the airline industry’s package. to be a very good amendment. ice states with their unusual tact and This amendment has been shared It has not been cleared yet by Sen- diplomacy: with the ranking minority member of ator ROCKEFELLER. They still have ... the airlines do not appear to go out of the committee and the ranking minor- some people with whom they have to their way to provide easy access to contract ity member of the subcommittee, and I talk. I have every confidence we will of carriage information. have talked about it with the chairman accept the amendment. I ask that the S11898 CONGRESSIONAL RECORD — SENATE October 5, 1999 Senator from Oregon withhold his The legislative assistant proceeded The reason it would add to delays was amendment at this time until we are to call the roll. because it would put more planes there ready to accept it. Mr. FITZGERALD. Mr. President, I waiting to take off or land, and that Mr. WYDEN. Mr. President, I am ask unanimous consent that the order demand for more flights vastly out- happy to do that and anxious to work for the quorum call be rescinded. stripped the capacity at O’Hare. with the chairman and Senator ROCKE- The PRESIDING OFFICER. Without So the problem with lifting that high FELLER. I will be glad to do that. objection, it is so ordered. density rule is that unless there is The PRESIDING OFFICER. The Sen- Mr. FITZGERALD. Mr. President, I more capacity in Chicago, planes are ator from West Virginia. wish to take a few moments now dur- just going to sit on the runway at Mr. ROCKEFELLER. Mr. President, I ing this lull in activity on the floor to O’Hare until they can take off. say to my friend from Oregon, there is speak to my concerns about lifting the What is the situation now? We have no plot or underlying purpose not to high density rule that governs O’Hare not lifted the high density rule now. accept the amendment at this point, International Airport in my State. Are there delays at O’Hare? You bet. but there may be others who have The PRESIDING OFFICER. The Sen- There are more delays at O’Hare than amendments that relate to this area. ator from Illinois is recognized. just about any other major airport in Let’s see what we have. From this Sen- AMENDMENT NO. 1892 the entire country, with as many as 100 ator’s point of view, the Senator from Mr. FITZGERALD. Mr. President, I airplanes lined up every morning wait- Oregon has made a useful amendment think the first thing we need to do, in ing to take off from the runway. and, at the appropriate time, should considering the Gorton-Rockefeller This proposal is a proposal that there not be any problems that arise— amendment to lift altogether the high would give airlines an unfettered abil- I do not anticipate them—I will have density rule that governs O’Hare Inter- ity to schedule even more flights. no problem. national Airport, is to look at what Sometimes they schedule 20 flights to AMENDMENT NO. 2070 TO AMENDMENT NO. 1892, that high density rule is and why it take off at the same time. The mar- AMENDMENT NO. 1920, AS MODIFIED, AND was first imposed. keting experts have told the airlines AMENDMENT NO. 2071, EN BLOC The high density rule was imposed that 8:45 a.m. is a popular time, so Mr. MCCAIN. Mr. President, I send not by Congress, although Congress is schedule your plane to take off at 8:45 three amendments to the desk, one by attempting to repeal it; the high den- a.m. The airlines know darn well only Senator HELMS, which is a second-de- sity rule was imposed by the Federal one plane can take off at 8:45 a.m., but gree amendment to the Gorton amend- Aviation Administration back in 1968 as many as 20 of them will be scheduled ment No. 1892, an amendment by Sen- or 1969. The reason they imposed it at to take off at that time. What does ator BOXER, and an amendment by Sen- O’Hare was because by then—already that mean? That means when you are ator INHOFE. I ask unanimous consent the world’s busiest airport—demand for trying to take off on an 8:45 a.m. flight that they be considered en bloc. flight operations exceeded capacity at out of O’Hare, most likely you are The PRESIDING OFFICER. Without O’Hare. Given that situation, in order going to be sitting on the tarmac wait- objection, it is so ordered. to prevent inordinate delays to the air ing to take off. The amendments are as follows: traffic system at O’Hare and around At least the high density rule is some AMENDMENT NO. 2070 TO AMENDMENT NO. 1892 the country, they capped the number of limitation because it is a limitation on In the pending amendment on page 13, line operations per hour at O’Hare. They how many airline flights can be sched- 9 strike the words ‘‘of such carriers’’. capped those operations at 155 flights uled to take off within that 8 o’clock hour. But by lifting this rule, we are AMENDMENT NO. 1920, AS MODIFIED per hour—roughly 1 every 20 seconds. The sponsors of this amendment, and Insert on page 126, line 16, a new subsection saying there is not going to be any lim- (f) and renumber accordingly: others who are proponents of it, have itation. Perhaps the airlines could ‘‘(f) TECHNICAL ASSISTANCE.— said: We need to lift that high density schedule 100 or 200 or 300 flights to take (1) IN GENERAL.—Participants carrying out rule because it is anticompetitive, and off in that 8 o’clock hour. People will inherently low-emission vehicle activities we have to get more competition for buy tickets; they think they are going under this pilot program may use no less more slots and more flights at O’Hare. to be able to take off sometime in that than 10 percent of the amounts made avail- They point out that just two carriers— hour. They do not realize that is just a able for expenditure at the airport under the pilot program to receive technical assistance United Airlines and American Air- bait and switch; that the airlines know in carrying out such activities. lines—control 80 percent of the flight full well the passengers are going to (2) ELIGIBLE CONSORTIUM.—To the max- operations at O’Hare International Air- have to be sitting on the tarmac wait- imum extent practicable, participants in the port, and there are studies that show ing to take off. pilot program shall use eligible consortium that given that duopoly, the prices are Does it make sense, at the most con- (as defined in section 5506 of this title) in the higher at O’Hare. And that is true. gested, most delay-ridden airport, to region of the airport to receive technical as- There is absolutely no question about add even more delays? It makes no sistance described in paragraph (1). it. sense at all. (3) PLANNING ASSISTANCE.—The Adminis- trator may provide $500,000 from funds made The idea of increasing competition is I know Senator MCCAIN well. I do be- available under section 48103 to a multi- great in the abstract. There is only one lieve he is very concerned about com- state, western regional technology consor- problem. O’Hare Airport does not have petition in the airline industry, and he, tium for the purposes of developing for dis- the capacity for more flights. in good faith, wants to increase com- semination prior to the commencement of How do we know that? We know that petition in the airline industry. I agree the pilot program a comprehensive best because the last time Congress consid- with him wholeheartedly on that point. practices planning guide that addresses ap- ered lifting the high density rule in But I do not agree we want to do it in propriate technologies, environmental and 1994, the FAA commissioned a study a way that is going to inconvenience economic impacts, and the role of planning and mitigation strategies. and asked: What would happen if we everybody who flies out of O’Hare, and were to lift the high density rule at not just everybody who flies out of AMENDMENT NO. 2071 O’Hare International Airport? The O’Hare but people all around the coun- On page 132, line 4, strike ‘‘is authorized study, commissioned by the FAA, came try who will suffer because of backlogs to’’ and insert ‘‘shall’’. back and said if you did that, there and delays at O’Hare International Air- The PRESIDING OFFICER. Without would be huge delays at O’Hare Inter- port, which is in the center of our objection, the amendments are agreed national Airport that would rever- country. to en bloc. berate throughout the entire air travel Furthermore, there is a provision in The amendments (Nos. 2070, 1920, as system in the United States of Amer- this bill—neatly tucked in there—that modified, and 2071) were agreed to. ica. probably not many people can figure Mr. McCAIN. Mr. President, I yield Consequently, following that report, out what it means. Let me read it to the floor, and I suggest the absence of in the summer of 1995, the U.S. Depart- you. As I said earlier, United and a quorum. ment of Transportation said they American have 80 percent of the flights The PRESIDING OFFICER. The would not lift the high density rule at at O’Hare. So if we were to add slots or clerk will call the roll. O’Hare because it would add to delays. more flights at O’Hare, you would October 5, 1999 CONGRESSIONAL RECORD — SENATE S11899 think we would want to encourage congested airports in the country. This the high density rule more than dou- some new entrants into the market, article talks about it: O’Hare has one bles delay times at O’Hare. That is why some other companies. That would of the worst on-time arrival and depar- they didn’t do it. According to this re- bring some more competition, bringing ture records of any major airport in port, a Department of Transportation some other airlines into O’Hare. the Nation, according to U.S. Depart- May 1995 Report to Congress, a study of There is a little provision in here. I ment of Transportation data analyzed the high density rule, lifting the rule wonder who thought of this. Did some by the Chicago Sun-Times. For the at O’Hare, ORD, is estimated to in- Senator think of this? first 6 months of 1999, O’Hare ranked at crease the average time average annual This is on page 4 of the amendment: the bottom or second to last in per- all-weather delay by nearly 12 minutes, ‘‘Affiliated Carriers: . . . the Secretary centage of on-time arrivals and depar- from 11.8 to 23.7 minutes per operation, shall treat all commuter air carriers tures at the 29 biggest U.S. airports, and besides, that average annual delay that have cooperative agreements, in- performing worse than the Boston and is much higher now than it was back in cluding code-share agreements with Newark airports, the other chronic lag- 1995, assuming no flight cancellations other air carriers equally for deter- gards. occur due to instrument flight rules, mining eligibility for the application of This goes back to the idea that air- weather. This is beyond the average of any provision of these sections regard- lines set their own schedules. There are 15 minutes, the original basis for im- less of the form of the corporate rela- slot controls that limit the number of posing HDR. tionship between the commuter air flights in an hour at O’Hare. You can There are many studies that show carrier and the other air carrier.’’ get from the FAA a slot to take off in the problem. This is why the caps were I bet many people wonder what that a particular hour. You can get a slot, put on at O’Hare. They wanted to stop means. What that means is that Amer- for example, to take off at the 8 a.m. delays. The studies have all shown that ican Airlines’ wholly-owned subsidiary, hour. It is up to the airline, then, to adding just one more slot beyond the American Eagle, and United Airlines’ schedule when that plane will take off. capacity of an airport causes an expo- affiliate, United Express, can be treat- It turns out, as the Sun-Times inves- nential, compounding increase on the ed equally with new commuter airlines tigative report found, that many of the delays. In fact, this is a chart that the that are trying to get in and get slots airlines schedule them all at the same Federal Aviation Administration pre- out of O’Hare. time. At times there have been as pared on airfield and airspace capacity This provision in the bill seems to many as 80 planes scheduled to take and delay policy analysis. Once you go undercut, in my judgment, the argu- off, all at the same time. Obviously, beyond the practical capacity of an air- ment that this bill would increase com- they can’t do that. What that means is port—and for O’Hare, the FAA has said petition. In my judgment, competition that passengers sit on the runway and it is 158 flights per hour—the delays isn’t going to be increased by increas- wait. skyrocket. In my judgment, if we are ing concentration. The FAA bill before Have you ever been in an airplane, saying now we are not going to have us today will not increase competition sitting on the tarmac with that stuffy any checks on the demand at O’Hare due to its definition of the term ‘‘affili- air, waiting for the plane to take off? and there is no added capacity, we are ated carrier.’’ As the term ‘‘affiliated The airlines always blame it on the going to go right up into this range carrier’’ is defined, those carriers that weather or they blame it on the FAA. very fast. already control the vast majority of They blame it on somebody else. They I said yesterday, Mayor Daley from capacity at the airport, United and never blame it on themselves for sched- Chicago was supposed to be in Wash- American, will get eligibility for addi- uling all the flights to take off at the ington last week for an event. We were tional capacity and slots. same time, which we know as a matter going to have a taste and touch of Chi- In addition, many carriers that of physics is impossible. cago in Washington. There was a huge would benefit from this bill are wholly- This October 3 article, just this Sun- celebration. There were about 500 peo- owned subsidiaries of the controlling day, was the front-page headline arti- ple at this reception. We were all there carriers. Later, I hope we can have a cle in the Chicago Sun-Times: waiting for Mayor Daley. Everybody discussion on that particular aspect of AIRLINES CRAMMING DEPARTURE TIME SLOTS was asking: Where is Mayor Daley? It the bill. Airlines at O’Hare Airport schedule so turns out Mayor Daley was delayed at Let me talk a little bit more in depth many flights in and out during peak periods O’Hare Airport. In fact, poor Mayor about the delays we already have at that it is impossible to avoid delays, a Chi- Daley had to sit on the tarmac for 4 O’Hare, without this idea of increasing cago Sun-Times analysis shows. hours at O’Hare. He arrived in Wash- the number of flights we are going to O’Hare can handle about 3 takeoffs a minute at most, [that is one every 20 sec- ington at 8:30 at night, after the recep- have, regardless of the fact that we onds] but air carriers slate as many as 20 at tion was over, and he got the next don’t have more capacity for more certain times, slots they believe will draw plane back to Chicago. flights. the most passengers. And they’ve continued That is typical of the kind of delays This was an article just the other to add flights to crowded time slots, even people incur going through O’Hare. day, September 10, 1999: ‘‘Delays at though delays have been increasing since This bill would add to that. I think it O’Hare Mounting. For the first 8 1997. is a mistake to do that. It ignores the months of this year, flight delays at At least today, even as we have these original reason we had for the high O’Hare soared by 65 percent compared horrible delays, there is some limita- density rule. Furthermore, I think it is to all of 1997 and by 18 percent over tion as to how far the airlines can go unusual for Congress to put on the 1998, according to an analysis by the with this bait-and-switch tactic with mantle of safety and aviation experts Federal Aviation Administration.’’ consumers. There is some check. That and decide that we are going to rewrite Why are those delays occurring? In is the check on the absolute maximum FAA rules. We ought to take that out part because in the existing law we al- number of slots that can be given for of the political process, have the FAA ready have exemptions from the slot takeoffs and landings at O’Hare in a write its own rules, not us rejiggle controls put in by the FAA back in given hour. This bill removes that them from the statutes. 1969. Those slot controls limited the check. There will be no check then on With that, I am not going to mention number of flights to 155 operations per airlines scheduling departures and ar- at this time what I believe will be the hour. By virtue of the 1994 bill we rivals all at the same time, when it is extreme safety hazards by trying to passed in this Congress, before I was impossible for them all to land or take cram more flights into less time and here, they allowed more exemptions to off at that time. In fact, you could space at O’Hare. A flight lands and those slot rules, and the FAA has been have 200, 300, 400 flights all scheduled takes off every 20 seconds at O’Hare. If granting those. In fact, I am told the to take off at the same time. We are re- we are going to cram more in and nar- FAA now has about 163 flights an hour moving any of those caps. row the distance, maybe it will come at O’Hare. This bill would lift those I mentioned that in 1995, the FAA or- down to every 10 or 15 seconds. There is caps entirely. dered a study of what would happen if not much room for error. If you are sit- This is from August 23, 1999. I said we lifted the high density rule. Again, ting in a plane and you think there is O’Hare is one of the most delay-ridden, the 1995 DOT study shows that lifting a plane tailgating you, there is a lot of S11900 CONGRESSIONAL RECORD — SENATE October 5, 1999 pressure. All these takeoffs and land- I yield now to the chairman of the duced last night and ask for the sup- ings will not give air passengers a full committee to hear his thoughts on port of my colleagues. Before I do that, great deal of comfort. our ability to get this loophole-ridden I want to recognize the chairman of the I yield the floor and suggest the ab- Death on the High Seas Act changed, full committee, the Commerce Com- sence of a quorum. and particularly doing it on the Coast mittee, and my colleagues on the sub- The PRESIDING OFFICER (Mr. Guard bill that will be coming up. committee. There are many important ENZI). The clerk will call the roll. Mr. MCCAIN. Mr. President, I thank provisions in this bill. Most impor- The legislative clerk proceeded to my friend from Oregon. I know he has tantly, I think it reauthorizes the call the roll. been heavily involved in this issue for funding mechanism for airport con- Mr. WYDEN. Mr. President, I ask a long time. We will have the Coast struction which has been going on unanimous consent that the order for Guard bill scheduled for markup. At around the country. I hardly find a the quorum call be rescinded. that time, I hope the Senator from Or- place where there are not improve- The PRESIDING OFFICER. Without egon will be able to propose an amend- ments being done to the infrastructure objection, it is so ordered. ment addressing this issue. But I also for air traffic. Mr. WYDEN. Mr. President, I ask remind my friend that there may be The legislation allows a limited num- unanimous consent to address the Sen- objection within the committee as ber of exemptions to the current perim- ate for a few minutes. I see Chairman well. I know he fully appreciates that. eter rule at the Ronald Reagan Na- MCCAIN, and I wanted to engage him in There is at least one other Senator who tional Airport. Creating these exemp- a brief discussion on a matter involv- doesn’t agree with this remedy. But I tions takes a step in the right direction ing the Death on the High Seas Act. I think we should bring up this issue and to provide balance between Americans have offered several amendments with it should be debated and voted on. I within the perimeter and outside the respect to this issue, but I don’t intend think certainly the Senator from Or- perimeter. The current perimeter rule to offer them this morning because this egon has the argument on his side in is outdated and restrictive to creating bill has several hundred amendments. this issue. competition. The PRESIDING OFFICER. Is there Mr. WYDEN. I thank the chairman. I We have the best and the most effi- objection? am going to be very brief in wrapping cient modes of transportation in the Without objection, it is so ordered. this up. I think our colleagues know entire world. No other country can Mr. WYDEN. Mr. President, I think that I am not one who goes looking for make such a boast. With the exception, it is extraordinarily important that frivolous litigation. The chairman of of course, of rail transportation and the Senate take steps promptly to rem- the committee and all our colleagues passengers, we have very competitive edy some of the loopholes in the anti- on the Commerce Committee know alternatives. Now is the time to fur- quated Death on the High Seas Act. I that I spent a lot of time on the Y2K li- ther enhance our competitive aviation and rail alternatives, although some have had constituents bring to my at- ability legislation this year so we could who live at the end of the lines some- tention a tragedy that is almost unique resolve these problems without a whole times question if we have competition in my years of working in the con- spree of frivolous litigation. sumer protection field. But we do know that there are areas, in the right places. These limited exemptions to the pe- Mr. John Sleavin, one of my con- particularly ones where injured con- rimeter rule will improve service to stituents, testified before the Com- sumers in international waters have no merce Committee that he lost his the nation’s capital for dozens of west- remedy at all, when they are subject to ern cities beyond the perimeter—while brother, Mike, his nephew, Ben, and his some of the most grizzly and unfortu- niece, Annie, under absolutely gro- at the same time ensuring that cities nate accidents, where there is a role for inside the perimeter are not adversely tesque circumstances. The family’s legislation and a need for a remedy. pleasure boat was run over by a Korean impacted by new service. This is a fair I am very appreciative that the balance which is consistent with the freighter in international waters. The chairman has indicated he thinks it is only survivor was the mother, Judith overall intent of the bill to improve air appropriate that we devise a remedy. I service to small and medium-sized cit- Sleavin, who suffered permanent inju- intend to work very closely with our ries. The accident was truly extraor- ies. colleagues on the Commerce Com- As a result, I believe our committee dinary because, after the collision, mittee. I know the chairman of the has crafted a limited compromise there was absolutely no attempt by the subcommittee, Senator GORTON, has which protects the local community Korean vessel to rescue the family or strong views on this. I am willing to from uncontrolled growth, ensures that even to notify authorities about the look anew with respect to what that service inside the perimeter will not be collision. Mr. Sleavin’s brother and his remedy ought to be so we can pass a bi- affected and creates a process which niece perished after 8 hours in the partisan bill. But I do think we have to will improve access to Ronald Reagan water following the collision. It was devise a remedy because to have inno- National Airport for small and me- clear to me that there was an oppor- cent Americans run down in inter- dium-sized communities outside the tunity to have rescued this family. Yet national waters without any remedy current perimeter. Montana’s commu- there was no remedy. can’t be acceptable to the American nities will benefit from these limited We have had very compelling testi- people. exemptions through improved access to mony on this problem in the Senate With that, I ask unanimous consent the nation’s capitol. Commerce Committee. The chairman to withdraw all four of the amend- Throughout this bill, our goal has has indicated a willingness to work ments I have had filed on this bill with been to improve air service for commu- with me on this. We have a Coast respect to the Death on the High Seas nities which have not experienced the Guard bill coming up, and because this Act. benefits of deregulation to the extent is an important consumer protection The PRESIDING OFFICER. The Sen- of larger markets. The provision re- issue and a contentious one, I don’t ator has that right. The amendments lated to improved access to Reagan Na- want to do anything to take a big are withdrawn. tional is no different. block of additional time. Mr. MCCAIN. Mr. President, I thank Today, passengers from many com- I will yield at this time for a col- the Senator from Oregon. I look for- munities in Montana are forced to dou- loquy with the chairman in the hopes ward to working with him on this very ble or even triple connect to fly to that we can finally get this worked out important issue. Washington National. My goal is to en- so we don’t have Americans subject to I suggest the absence of a quorum. sure that not just large city point-to- the kind of tragic circumstances we Mr. BURNS. Mr. President, I ask point service will benefit, but that pas- saw in this case, where a family was unanimous consent that the order for sengers from all points west of the pe- literally mowed down in international the quorum call be rescinded. rimeter will have better options to waters by a Korean freighter and The PRESIDING OFFICER. Without reach Washington and Ronald Reagan should have been rescued and, trag- objection, it is so ordered. National Airport. ically, loved ones were lost. I feel very Mr. BURNS. Mr. President, I will This provision is about using this re- strongly about this. comment on an amendment we intro- stricted exemption process to spread October 5, 1999 CONGRESSIONAL RECORD — SENATE S11901 improved access throughout the West— portion of the small business sector in aration distances between arriving air- not to limit the benefits to a few large the United States. There are 33,000 craft. cities which already have a variety of travel agencies employing over 250,000 A couple of years ago, I was doing a options. people. Women or minorities own over landing at O’Hare. I was on a commer- Let me be clear, if the Secretary re- 50 percent of travel agencies. cial air carrier. We were about to land ceives more applications for more slots Since 1995, commissions have been re- at O’Hare. Lo and behold, we were than the bill allows, DOT must duced by 30%, 14% for domestic travel about to land on top of another plane prioritize the applications based on alone in 1998. since 1995, travel agent that was still on the runway. At the quantifying the domestic network ben- commissions have been reduced from last minute, the pilot lifted up, and we efits. Therefore, DOT must consider an average of 10.8 to 6.9 percent in 1998. took off again right before we hit the and award these limited opportunities Travel agencies are failing in record other plane that had not gotten off the to western hubs which connect the numbers. runway. Many people have probably largest number of cities to the national I think it is important we study the been through that experience. It is transportation network. issue, get an unbiased commission to- pretty frightening. I request the support of my col- gether, and give a report to Congress. If we are going to cram more flights leagues on a very important amend- We will see how important the role into the same space at O’Hare, we are ment I along with my colleague from played by the ticket agents and the going to see more incidents like that. Missouri have introduced to this bill. travel agencies is in contributing to They are already reducing runway oc- That amendment was added last night. the competitive nature of travel in this cupancy time. You will notice when This amendment will establish a com- country. your plane lands that it hightails it off mission to study the future of the trav- I ask my colleagues to support this that runway because it knows there is el agent industry and determine the important amendment. We are dealing another plane right behind. consumer impact of airline interaction with a subject that needs to be dealt They are doing something that they with travel agents. with; this bill needs to be passed. We call land-and-hold operations—they are Since the Airline Deregulation Act of are in support of it. doing it at O’Hare and across the coun- 1978 was enacted, major airlines have I yield the floor, and I suggest the ab- try—where the plane lands, and it has controlled pricing and distribution sence of a quorum. to get to a crisscross with another run- policies of our nation’s domestic air The PRESIDING OFFICER. The way. They have to hold while another transportation system. Over the past clerk will call the roll. plane lands. Pilots hate to do that, but four years, the airlines have reduced The legislative clerk proceeded to they are forced to by air traffic con- airline commissions to travel agents in call the roll. trol. a competitive effort to reduce costs. Mr. FITZGERALD. Mr. President, I We are seeing increasing incidents of I am concerned the impact of today’s ask unanimous consent that the order triple converging runway arrivals in business interaction between airlines for the quorum call be rescinded. this country. All of this is designed to and travel agents may be a driving The PRESIDING OFFICER. Without put more planes together in time and force that will force many travel objection, it is so ordered. space. I think it is obvious to anybody agents out of business. Combined with Mr. FITZGERALD. Mr. President, I that decreases the margin of safety the competitive emergence of Internet would like to take advantage of this that we have in aviation in this coun- services, these practices may be harm- opportunity to finish one final point to try. ing an industry that employs over the speech I had given a few moments I think that is a great mistake be- 250,000 people in this country. ago wherein I mentioned the likely cause nothing is as important as the This amendment will explore these delays that would be caused at Chicago safety of the flying public. concerns through the establishment of O’Hare, and that is the increase in I call your attention to an article a commission to objectively review the delays that would be caused in Chicago that appeared in USA Today. I apolo- emerging trends in the airline ticket O’Hare and throughout our Nation’s gize. The date is wrong on this. It says distribution system. Among airline entire air traffic system if the high November 13, 1999. Obviously, that was consumers there is a growing concern density rule were to be repealed. But November 13 of a different year because that airlines may be using their mar- right now I mention one other item we haven’t gotten to November 13 of ket power to limit how airline tickets which is probably the most important 1999. This is actually from 1998. are distributed and sold. matter this Senate confronts in pass- They had a front-page headline arti- Mr. President, if we lose our travel ing statutes to govern our aviation sys- cle called: ‘‘Too Close for Comfort. agents, we lose a competitive compo- tem, and that is the issue of safety. Crossing Runways Debated as Travel nent to affordable air fare. Travel I alluded earlier to the fact that Soars. Safety, On-Time Travel on Col- agents provide a much needed service O’Hare is the world’s biggest airport lision Course, Pilots Say.’’ and without them, the consumer is the and that there is a takeoff and landing Let me read a quote from this article loser. every 20 seconds at O’Hare. Any sixth from USA Today from November 13, The current use of independent travel grader can figure out if we are going to 1998. agencies as the predominate method to try to run more flights per hour and ‘‘They are just trying anything to squeeze distribute tickets ensures an efficient more flights per minute through out more capacity from the system,’’ says and unbiased source of information for O’Hare, we are going to have to bring Captain Randolph Babbitt, President of the air travel. Before deregulation, travel them in and take them off in less time Airline Pilots Association, which represents agents handled only about 40 percent of than 20 seconds. Either that or we will 51,000 of the 70,000 commercial pilots in the the airline ticket distribution system. continue mounting delays. United States and Canada. ‘‘Some of us Since deregulation, the complexity of Most likely, we will continue mount- think this is nibbling at the safety margins.’’ the ticket pricing system created the ing delays. But it is possible the in- Probably at no airport in the country need for travel agents resulting in creased congestion and delays would have we nibbled more at the safety travel agents handling nearly 90 per- cause the air carriers to be pressuring margins than at O’Hare International cent of transactions. the FAA to let the planes take off and Airport—the world’s biggest airport, Therefore, the travel agent system would be pressuring the air traffic con- the world’s most congested, the one has proven to be a key factor to the trollers to get planes into the air that has the most delays in this coun- success of airline deregulation. I’m quicker, and it would be pressuring try. afraid, however, that the demise of the them to shorten the separation dis- I will read a portion of a letter that independent travel agent would be a tances between airplanes. was sent earlier this year to the Gov- factor of deregulation’s failure if the Already in this country, in order to ernor of our great State, Governor major airlines succeed in dominating increase capacity at our airports with- George Ryan. the ticket distribution system. out adding capacity in terms of new fa- My name is John Teerling and I recently Tavel agents and other independent cilities and runways, we are doing a retired, after 31.5 years with American Air- distributors comprise a considerable number of things. We are reducing sep- lines as a Captain, flying international S11902 CONGRESSIONAL RECORD — SENATE October 5, 1999 routes in Boeing 767 and 757’s. I was based at against that. What they are not considering has a life of its own. It is the result of Chicago’s O’Hare my entire career. I have is that their presence at a third airport the free enterprise system that people seen the volume of traffic at O’Hare pick up would afford them an even greater share of decide to buy it or not buy it. That is and exceed anyone’s expectations, so much the Chicago regional pie as well as put them their choice. so, that on occasions, mid-airs were only sec- in a great position for future expansion. onds apart. O’Hare is at maximum capacity, You also have Mayor Daley against a third But people also have the choice as to if not over capacity. It is my opinion that it airport because he feels a loss of control and whether they want to fly or not. We are is only a matter of time until two airliners possible revenue for the city. This third air- now coming to the point where we have collide making disastrous headlines. port, if built, and it should be, should be the technology to allow a lot more of I close with that thought, and I cau- classified as the Northern Illinois Regional that to happen. Airport, controlled by a Board with rep- I described a visit I made to the air tion the Senate on the effects of our resentatives from Chicago and the sur- interfering in the rulemaking author- traffic control center in Herndon, VA, rounding areas. That way all would share in which is highly automated and has the ity of the FAA, overruling their au- the prestige of a new major international thority, and by statute rewriting their airport along with its revenues and expand- highest form of technology. If you rules. ing revenue base. want to say: All right. How many I ask unanimous consent that this The demand in airline traffic could easily flights are in the air right now from letter to Governor George Ryan from expand by 30% during the next decade. Where 3,000 to 5,000 feet? How many are in the this former American Airlines captain, does this leave Illinois and Chicago? It air now from 5,000 to 7,000, or 5,000 to leaves us with no growth in the industry if 6,000? They push a button, and they can John Teerling, be printed in the we have no place to land more airplanes. If RECORD. tell you every flight—because I have Indiana were ever to get smart and construct seen it—every flight in the country at There being no objection, the letter a major airport to the East of Peotone, was ordered to be printed in the imagine the damaging economic impact it certain levels. The whole concept of RECORD, as follows: would have on Northern Illinois! being able to increase flights is going Sincerely, to be there. JOHN W. TEERLING, No. 1, we have established the fact Lockport, IL, January 18, 1999. JOHN W. TEERLING. RE: A Third Chicago Airport Mr. FITZGERALD. Thank you, Mr. that Americans are free. This is not Gov. GEORGE RYAN, President. the former Soviet Union. People have State Capitol, Springfield, IL. I yield the floor. the right to fly. They have the money DEAR GOVERNOR RYAN: My name is John The PRESIDING OFFICER. The Sen- to fly. The economy is doing better, Teerling and I recently retired, after 31.5 ator from West Virginia is recognized. and exponentially everything is grow- years with American Airlines as a Captain, Mr. ROCKEFELLER. Mr. President, I ing. That case is closed. flying international routes in Boeing 767 and would just make a couple of comments If somebody wants to say, let’s stop 757’s. I was based at Chicago’s O’Hare my en- that, let’s just say we are going to pre- tire career. I have seen the volume of traffic in general and not direct it to those at O’Hare pick up and exceed anyone’s expec- who are trying to decrease or increase tend it was 30 years ago and only so tations, so much so, that on occasion mid- slots at airports but some philo- many people can fly, only so many let- airs were only seconds apart. O’Hare is at sophical points. ters can be written, only so many maximum capacity, if not over capacity. It A lot of these rules were set, as has international flights, the Italians and is my opinion that it is only a matter of been pointed out, some 30 years ago. Of French are going to have to stop, it is time until two airliners collide making dis- course, there has been a lot of tech- OK the Japanese and Germans do it— astrous headlines. nology which has developed since that life does not work like that. People Cities like Atlanta, Dallas and especially time, and a lot of it which has been in have the right to make their decisions, Miami continue to increase their traffic flow, some months exceeding Chicago, and at place since that time which allows and it is up to us in Congress to expe- some point could supersede Chicago perma- much more efficient use. We don’t have dite the ability of the FAA to have in nently. If Chicago and Illinois are to remain so-called ‘‘buy and sell’’ situations place the instruments, the technology, as the major Hub for airline traffic, a third anymore. We have slots. and the funding to make all of this major airport has to be built, and built now. We also have, as I described in my work properly. Midway, with its location and shorter run- opening statement yesterday, millions I point out one economic thing that ways will never fill this void. A large inter- of Americans who fly every year, and 1 comes from the Department of Trans- national airport located in the Peotone area, billion people will be flying in the next portation which is very interesting. complete with good ground infrastructure decade. We have a tripling of air cargo. This happens to deal with O’Hare. That (rail and highway) to serve Chicago, Kan- kakee, Joliet, Indiana and the Southwest We have an enormous increase in inter- is an accident; it is not deliberate. But suburbs, would be win, win situation for all. national flights. We have an enormous it makes an interesting point because The jobs created for housing and offices, ho- increase in letters and boxes, all of it talks about the benefits if you open tels, shopping, manufacturing and light in- which require flights and all of which up slots and it talks about the defi- dustry could produce three to four hundred require slots. They go to different air- ciencies; there are both. If you open up thousand jobs. Good paying jobs. ports. But the point is everything is in- more slots, you will get a benefit for Another item to consider, which I feel is creasing. the consumer that outweighs the total extremely important is weather. I have fre- I don’t think that any of us on the cost of the delays and, in short, the quently observed that there are two distinct weather patterns between O’Hare and Kan- floor or colleagues who will be here to consumer will save a great deal of kakee. Very often when one is receiving vote on various issues can pretend that money, or a certain amount of money, snow, fog or rain the other is not. These con- we can turn around and say: All right, on tickets. They will save money be- ditions affect the visibility and ceiling con- Mr. and Mrs. America. Yes, you are cause there will be more competition, ditions determining whether the airports op- making more income. Yes, you are because there will be more slots, be- erate normally or not. Because of the dif- maybe vacation-conscious. Yes, this is cause there will be more flights. That ference in weather patterns when one air- a free market system. Yes, you live in is the free-market system. That is port, say O’Hare, is experiencing a hampered a free country and you want to fly to what brings lower costs. operation, an airport in Peotone, in all prob- ability, could be having more normal oper- more places and you have the money I do not enjoy flying from Charles- ations. Airliners could then divert to the now to take your children with you. ton, WV, to Washington, DC, and pay- ‘‘other’’ Chicago Airport, saving time and You are writing more letters. You are ing $686 for a flight on an airplane into money as well as causing less inconvenience sending more packages because more which I can barely squeeze. to the public. (It’s better to be in Peotone services are available. Let’s understand, we have something than in Detroit). We cannot pretend as though we are which is growing exponentially and It is well known that American and going to stop this process. I don’t want happens to be terrific for our economy. United, who literally control O’Hare with to make the comparison to the Inter- As I indicated, 10 million people work their massive presence, are against a third net because the Internet has a life of in this industry. You are not going to airport. Why? It is called market share com- petition and greed. A new airport in the its own. But it comes to mind. There stop people from sending letters. You Peotone area would allow other airlines to are a lot of people who want to stop are not going to stop people from fly- service Chicago and be competition. Amer- some of the things going on on the ing. You are not going to stop people ican and United are of course dead set Internet. They can’t do it. The Internet from taking vacations. You are not October 5, 1999 CONGRESSIONAL RECORD — SENATE S11903 going to stop international traffic. ‘‘(2) NEW OR INCREASED SERVICE REQUIRED.— The amendments are as follows: Paragraph (1)(A) applies only if— None of that is going to happen. We AMENDMENT NO. 1900 have to accommodate ourselves. ‘‘(A) the air carrier was not providing air transportation described in paragraph (1)(A) (Purpose: To protect the communities sur- Does that mean there is going to be during the week of June 15, 1999; or rounding Ronald Reagan Washington Na- somewhat more noise? Yes. ‘‘(B) the level of such air transportation to tional Airport from nighttime noise by Does that mean we have to improve be provided between such airports by the air barring new flights between the hours of systems, engines, and research that are carrier during any week will exceed the level 10:00 p.m. and 7:00 a.m.) reducing that noise? Yes, we do. of such air transportation provided by such At the appropriate place, insert the fol- Does that mean there are going to be carrier between Chicago O’Hare Inter- lowing new section: national Airport and an airport described in more delays? Probably. SEC. . CURFEW. paragraph (1)(A) during the week of June 15, Notwithstanding any other provision of But the alternative to that is to say, 1999. law, any exemptions granted to air carriers all right, since we cannot have a single AMENDMENT NO. 1950 TO AMENDMENT NO. 1906 delay and nobody can be inconven- under this Act may not result in additional Mr. MCCAIN. Mr. President, I ask operations at Ronald Reagan Washington ienced a single half hour, then let’s unanimous consent to call up amend- National Airport between the hours of 10:00 just shut all of this off and go back to ment No. 1906 submitted by Senator p.m. and 7:00 a.m. the 1960s and pretend we are in that VOINOVICH, and on behalf of Senator era. We cannot do that. We simply can- GORTON, I send a second-degree amend- AMENDMENT NO. 1901 not do that. ment, No. 1950 to amendment No. 1906, (Purpose: To require collection and publica- I introduce that thought into this and ask that the second-degree amend- tion of certain information regarding noise conversation. There will be other ment be adopted and that the amend- abatement) amendments and other points that will ment No. 1906, as amended, then be At the appropriate place, insert the fol- be made about it. But we are dealing adopted. lowing new title: with inexorable growth, which the The PRESIDING OFFICER. Without TITLE ll—lllllll American people want, which the inter- objection, it is so. ordered. SEC. ll01. GOOD NEIGHBORS POLICY. national community wants, which is The amendment (No. 1906) is as fol- (a) PUBLIC DISCLOSURE OF NOISE MITIGA- now supported by an economy which is lows: TION EFFORTS BY AIR CARRIERS.—Not later going to continue to sustain it. Even if Strike section 437. than 1 year after the date of enactment of the economy goes through a downturn, The amendment (No. 1950) was agreed this Act, and annually thereafter, the Sec- it is not going to slow down traffic use to, as follows: retary of Transportation shall collect and publish information provided by air carriers substantially because once people SEC. 437. DISCRIMINATORY PRACTICES BY COM- PUTER RESERVATIONS SYSTEMS regarding their operating practices that en- begin to fly, they keep on flying; they courage their pilots to follow the Federal do not give up that habit. OUTSIDE THE UNITED STATES. (a) ACTIONS AGAINST DISCRIMINATORY AC- Aviation Administration’s operating guide- We are dealing with a fact of life to TIVITY BY FOREIGN CRS SYSTEMS.—Section lines on noise abatement. which we have to make an adjustment 41310 is amended by adding at the end the (b) SAFETY FIRST.—The Secretary shall in two ways: One, we have to be willing following: take such action as is necessary to ensure to accept certain inconveniences. I ‘‘(g) ACTIONS AGAINST DISCRIMINATORY AC- that noise abatement efforts do not threaten happen to live in one place where the TIVITY BY FOREIGN CRS SYSTEMS.—The Sec- aviation safety. airplanes just pour over my house. I do retary of Transportation may take such ac- (c) PROTECTION OF PROPRIETARY INFORMA- tions as the Secretary considers are in the TION.—In publishing information required by not enjoy that, but I adjust to it. public interest to eliminate an activity of a this section, the Secretary shall take such Let’s deal in the real world here. foreign air carrier that owns or markets a action as is necessary to prevent the disclo- Flights are good for the economy; computer reservations system, when the Sec- sure of any air carrier’s proprietary informa- flights are good for Americans; flights retary, on the initiative of the Secretary or tion. are good for the world. Packages and on complaint, decides that the activity, with (d) NO MANDATE.—Nothing in this section letters are all part of communication. respect to airline service— shall be construed to mandate, or to permit There is nothing we are going to do to ‘‘(1) is an unjustifiable or unreasonable dis- the Secretary to mandate, the use of noise stop it, so we have to make adjust- criminatory, predatory, or anticompetitive abatement settings by pilots. practice against a computer reservations ments. One, in our own personal lives, SEC. ll02. GAO REVIEW OF AIRCRAFT ENGINE system firm; NOISE ASSESSMENT. and, two, we in Congress have to make ‘‘(2) imposes an unjustifiable or unreason- (a) GAO STUDY.—Not later than 1 year adjustments by being far more aggres- able restriction on access of such a computer after the date of enactment of this Act, the sive in terms of expediting funding for reservations system to a market.’’. Comptroller General of the United States research, instruments, and technology (b) COMPLAINTS BY CRS FIRMS.—Section shall conduct a study and report to Congress that will make all of this as easy as 41310 is amended— on regulations and activities of the Federal possible. (1) in subsection (d)(1)— Aviation Administration in the area of air- (A) by striking ‘‘air carrier’’ in the first I thank the Presiding Officer and craft engine noise assessment. The study sentence and inserting ‘‘air carrier, com- shall include a review of— yield the floor. puter reservations system firm,’’; The PRESIDING OFFICER. The (1) the consistency of noise assessment (B) by striking ‘‘subsection (c)’’ and insert- techniques across different aircraft models Chair recognizes the Senator from Ari- ing ‘‘subsection (c) or (g)’’; and and aircraft engines, and with varying zona. (C) by striking ‘‘air carrier’’ in subpara- weight and thrust settings; and Mr. MCCAIN. Mr. President, I ask graph (B) and inserting ‘‘air carrier or com- (2) a comparison of testing procedures used unanimous consent to add Senator puter reservations system firm’’; and for unmodified engines and engines with GRASSLEY as an original cosponsor of (2) in subsection (e)(1) by inserting ‘‘or a hush kits or other quieting devices. computer reservations system firm is subject the Collins amendment No. 1907. (b) RECOMMENDATIONS TO THE FAA.—The when providing services with respect to air- Comptroller General’s report shall include The PRESIDING OFFICER. Without line service’’ before the period at the end of objection, it is so ordered. specific recommendations to the Federal the first sentence. Aviation Administration on new measures AMENDMENT NO. 1892, AS MODIFIED The amendment (No. 1906), as amend- that should be implemented to ensure con- Mr. MCCAIN. Mr. President, on be- ed, was agreed to. sistent measurement of aircraft engine half of Senator GORTON, I send to the AMENDMENTS NOS. 1900 AND 1901, EN BLOC noise. desk a modification to amendment No. Mr. MCCAIN. Mr. President, on be- SEC. ll03. GAO REVIEW OF FAA COMMUNITY NOISE ASSESSMENT. 1892 offered yesterday by Senator GOR- half of Senator ROBB, I send to the desk TON and ask that it be considered. two amendments that have been (a) GAO STUDY.—Not later than 1 year after the date of enactment of this Act, the The PRESIDING OFFICER. Without cleared on both sides. objection, the amendment is so modi- Comptroller General of the United States The PRESIDING OFFICER. Without shall conduct a study and report to Congress fied. objection, the amendments will be re- on the regulations and activities of the Fed- The amendment (No. 1892), as modi- ported en bloc. eral Aviation Administration in the area of fied, is as follows: The legislative clerk read as follows: noise assessment in communities near air- On page 9, beginning with line 15, strike The Senator from Arizona [Mr. MCCAIN], ports. The study shall include a review of through line 11 on page 10 and insert the fol- for Mr. ROBB, proposes amendments num- whether the noise assessment practices of lowing: bered 1900 and 1901, en bloc. the Federal Aviation Administration fairly S11904 CONGRESSIONAL RECORD — SENATE October 5, 1999 and accurately reflect the burden of noise on The PRESIDING OFFICER. The ture and keeps our economy going communities. Chair recognizes the Senator from Vir- strong. There is no question about (b) RECOMMENDATIONS TO THE FAA.—The ginia. that. I have supported that from the Comptroller General’s report shall include Mr. ROBB. Mr. President, I inquire of very beginning, and I thank the man- specific recommendations to the Federal Aviation Administration on new measures to the Chair, what is the pending amend- agers for their efforts in this particular improve the assessment of airport noise in ment at this time? regard. communities near airports. The PRESIDING OFFICER. Amend- I have long believed that funding for Mr. MCCAIN. Mr. President, I ask ment No. 1898 offered by the Senator transportation, particularly mass that the amendments be adopted en from Montana, Mr. BAUCUS. transportation, is one of the best in- bloc. Mr. ROBB. Mr. President, I ask unan- vestments our Government can make. The PRESIDING OFFICER. Without imous consent that amendment No. For our aviation system, in particular, objection, it is so ordered. 1898 be temporarily laid aside and that these investments are critical. The amendments (Nos. 1900 and 1901) we return to consideration of amend- As Secretary of Transportation Rod- were agreed to. ment No. 1892 offered by the Senator ney Slater noted: Mr. MCCAIN. Mr. President, I move from Washington, Mr. GORTON. . . . aviation will be for America in the to reconsider the vote. The PRESIDING OFFICER. Without 21st Century what the Interstate Highway Mr. ROBB. I move to lay that motion objection, it is so ordered. System has been for America in this cen- tury. on the table. AMENDMENT NO. 2259 TO AMENDMENT NO. 1892 It has been suggested that as part of The motion to lay on the table was (Purpose: to strike the provisions dealing agreed to. with special rules affecting Reagan Wash- our preparation for the next century of aviation to promote competition and AMENDMENT NO. 1904 ington National Airport) protect consumers, we ought to impose (Purpose: to provide a requirement to en- Mr. ROBB. Mr. President, I send a hance the competitiveness of air oper- second-degree amendment to amend- additional flights on the communities ations under slot exemptions for regional ment No. 1892 and ask for its imme- surrounding National Airport. jet air service and new entrant air carriers diate consideration. It has been argued that the high den- at certain high density traffic airports) The PRESIDING OFFICER. The sity rule, which limits the number of Mr. MCCAIN. Mr. President, finally, I clerk will report. slots or flights at National, is a restric- send to the desk amendment No. 1904 The legislative clerk read as follows: tion on our free market and hurts con- NOWE sumers. I do not dispute the fact that on behalf of Senator S , and I ask The Senator from Virginia [Mr. ROBB] for flight limits at National restrict free for its immediate consideration. himself, Mr. SARBANES and Ms. MIKULSKI; The PRESIDING OFFICER. Without proposes an amendment numbered 2259 to market. I believe, however, that the objection, the clerk will report. amendment No. 1892. proponents of additional flights give an The legislative clerk read as follows: Beginning on page 12 of the amendment, inaccurate picture of the supposed ben- The Senator from Arizona [Mr. MCCAIN], strike line 18 and all that follows through efits of forcing flights on National Air- for Ms. SNOWE, proposes an amendment num- page 19, line 2, and redesignate the remain- port. bered 1904. ing subsections and references thereto ac- Before I go on to discuss the impact cordingly. The amendment is as follows: of additional flights on communities in At the end of title V of the Manager’s sub- Mr. ROBB. Mr. President, I thank my Northern Virginia, I would like to de- stitute amendment, add the following: friend and colleague from Arizona for flate the idea that more flights will SEC. ll. REQUIREMENT TO ENHANCE COMPETI- accepting three out of four of the necessarily be a big winner for con- TIVENESS OF SLOT EXEMPTIONS amendments I have proposed. I had sumers. FOR REGIONAL JET AIR SERVICE hoped we might someday find a way he Based on the number of GAO reports AND NEW ENTRANT AIR CARRIERS could accept the fourth. I am very AT CERTAIN HIGH DENSITY TRAFFIC we have had on this subject, some of AIRPORTS. much aware of the fact, however, that our colleagues may think slot controls (a) IN GENERAL.—Subchapter I of chapter he and some others are not inclined to are somehow the primary cause of con- 417, as amended by sections 507 and 508, is do that. I have, therefore, sent to the sumer woes. When we look at the facts, amended by adding at the end thereof the desk an amendment, just read by the however, this simply is not the case. following: clerk in its entirety, which simply I understand reports by the GAO and ‘‘§ 41721. Requirement to enhance competi- strikes the section of the amendment by the National Research Council tiveness of slot exemptions for nonstop re- that deals with the number of addi- argue that airfares at slot-controlled gional jet air service and new entrant air tional slots at National Airport. airports are higher than average. How- carriers at certain airports In this particular case, this amend- ever, the existence of higher-than-aver- ‘‘In granting slot exemptions for nonstop ment offered by the Senator from age fares does not tell us how slot con- regional jet air service and new entrant air carriers under this subchapter to John F. Washington, while a step in the right trols may contribute to high fares at a Kennedy International Airport, and La direction from the original bill lan- specific airport. Many other factors, Guardia Airport, the Secretary of Transpor- guage which would have required that such as dominance of a given market tation shall require the Federal Aviation Ad- an additional 48 slots be forced on the by a particular carrier, or the leasing ministration to provide commercially rea- Washington National Airport Author- terms for gates, play a role in deter- sonable times to takeoffs and landings of air ity, nonetheless cuts that in half and it mining price. Also, simply noting the flights conducted under those exemptions.’’. gets halfway to the objective I hope we higher-than-average fares do not tell us (b) CONFORMING AMENDMENT.—The chapter can ultimately achieve in this par- analysis for subchapter I of chapter 417, as whether slot controls are really a sig- amended by this title, is amended by adding ticular case. nificant problem for the Nation. at the end thereof the following: The amendment would reduce to zero The U.S. Department of Transpor- ‘‘41721. Requirement to enhance competitive- the number of changes in the slots that tation has examined air service on a ness of slot exemptions for non- are currently in existence at Ronald city-by-city basis looking at all service stop regional jet air service and Reagan Washington National Airport. to each city. This chart shows a 1998 new entrant air carriers at cer- My primary objection to this section third quarter DOT assessment of air- tain airports.’’. is that it breaks a commitment to the fares, ranking each city based on the Mr. MCCAIN. Mr. President, this citizens of this region, by injecting the average cost per mile traveled. As you amendment has been cleared on the Federal Government back into the can see, the airports with the slot con- other side, and there is no further de- management of our local airports. trols are not at the top of the list. In bate on the amendment. Before I discuss this issue in detail, I fact, they do not even make the top The PRESIDING OFFICER. Without wish to make clear that I fully support 106. Slot-controlled Chicago, as my dis- objection, the amendment is agreed to. nearly all of the underlying legislation tinguished colleague from Illinois has The amendment (No. 1904) was agreed and have for some period of time. Con- pointed out, comes in at No. 19, right to. gress ought to approve a multiyear after Atlanta, GA; slot-controlled Mr. MCCAIN. Mr. President, I yield FAA reauthorization bill that boosts Washington, DC, comes in at 25, which the floor. our investment in aviation infrastruc- is after Denver; and slot controlled October 5, 1999 CONGRESSIONAL RECORD — SENATE S11905 New York is way down the list at No. weighed against the cost of delays to would restrict air flights over both 42. consumers and airliners. small and large parks. I submit that is Clearly, there are factors beyond slot There is simply no getting around the right thing to do. We should work controls that weigh heavily in deter- the fact that National has limits on to preserve the sanctity of our national mining how expensive air travel is in a how many flights it can safely manage. parks. But while this bill abandons free particular city. So simply adding more As we try to get closer to that max- market principles to shield our parks, flights will not necessarily bring costs imum safe number, the more delays we it uses free market principles as a down. will face. sword to cut away at the quality of life Proponents of adding more slots at The DOT report goes on to examine in our Nation’s Capital. It is wrong to National may argue, nonetheless, that the specific impact of adding 48 new try to force Virginians and those who their proposal is a slam-dunk win for slots, as proposed by the underlying live in this area, Maryland and the Dis- consumers. But on closer examination, legislation. The report finds that the trict of Columbia and elsewhere, to en- more flights look less like a game-win- length of delays will nearly double dure more noise from National Airport, from an average of something around ning move and more like dropping the especially when the consumer benefits 4.6 minutes to a delay of 8 minutes, on ball. are so small and so uncertain. Most average. I will discuss the costs of Advocates of more flights ignore or troubling of all is the fact that this bill these delays at National Airport in a downplay a central fact: More flights breaks a promise to the citizens of this moment. mean more delays, as the Senator from region, a promise that they would be Illinois has so eloquently pointed out. But in case some of my colleagues think that a few minutes of delay is left to manage their own airports with- More flights mean more harm to con- out Federal meddling. To give the con- sumers in the airline industry. This is not a problem for air travelers, the Air Transport Association has estimated text surrounding that promise, I must the untold story of the impact of more review some of the history of the high flights at National. that last year delays cost the industry $2.5 billion in overtime wages, extra density rule and the perimeter rule at The most recent GAO study National. downplays this issue in a passing ref- fuel, and maintenance. Indeed, yester- erence to the impact of delays. Accord- day I was flying up and down the east National, as many of our colleagues ing to the GAO: coast and all of those charges were know, was built in 1941. It was, there- clearly adding to the cost of the air- fore, not designed to accommodate [I]f the number of slots were increased . .. line, which will ultimately be passed delays. . .could cause the airlines to experi- large commercial jets. As a result, dur- ence a decreased profit . . . the costs [of on to the consumer. ing the 1960s, as congestion grew, Na- delay] associated with the increase would be For consumers, there were 308,000 tional soon became overcrowded. To partially offset by consumer benefits. flight delays and millions of hours of address chronic delays, in 1966, the air- A 1999 National Research Council re- time lost. For National in particular, lines themselves agreed to limit the port acknowledges that delays result- the 1995 DOT report finds that airlines number of flights at National. They ing from more flights may hurt con- would see $23 million in losses due to also agreed to a perimeter rule to fur- delays. For consumers, 48 new slots sumers: ther reduce overcrowding. Long haul would provide little benefit overall. service was diverted to Dulles. During [I]t is conceivable that many travelers Consumers would see $53 million in new would accept additional delays in exchange the 1970s and early 1980s, improvements service benefits, but delays would cost for increased access to [slot-controlled] air- were negligible or nonexistent at both ports. . . . Recurrent delays from heavy de- consumers $50 million. The report assumes no benefits from National and Dulles, as any of our col- mand, however, would prompt direct re- leagues who served in this body or the sponses to relieve congestion. fare reductions with 48 slots, but, being other body at that time will recall, be- Later on the report suggests ‘‘conges- generous, I have assumed an estimated fare reduction of $20 million from fare cause there was no certainty to the air- tion pricing’’ to prevent delays. Con- line agreements. gestion pricing would raise airport benefits listed elsewhere in the report. charges and, thus, airfares during busy Consumer benefits, therefore, are $53 National drained flights from Dulles times to reduce delays. In other words, million for new service; minus $50 mil- so improvements at Dulles were put on the National Research Council is sug- lion for delays, plus $20 million for pos- hold. Litigation and public protest over gesting that additional flights would sible discounts, for a total of about $23 increasing noise at National blocked force consumers to either accept more million. improvements there. As my immediate Considering the fact that about 16 delays or accept price hikes to manage successor as Governor, Jerry Baliles, million travelers use National each delays. described the situation in 1986: year, that works out to about $1.50 per I understand the underlying bill says person per trip in savings. National is a joke without a punchline— that additional slots shall not cause That is not much benefit for the 48 National Airport has become a national dis- ‘‘meaningful delay.’’ The legislation slots. For 24 slots, as the Gorton grace. National’s crowded, noisy, and incom- does not define ‘‘meaningful delay,’’ prehensible. Travelers need easy access to amendment provides, we don’t have a the terminal. What they get instead is a half however, or provide any mechanism to good analysis of the cost of delay. I protect consumers from delays, should marathon, half obstacle course, and total suspect, however, the ultimate con- confusion. they occur. sumer benefits are similarly modest. While both the GAO and the NRC re- We all value the free market and the To address this problem, Congress ports acknowledge we can expect benefit it provides to consumers. At codified the voluntary agreements the delays, neither report examines the the same time, it is the job of Congress airlines had adopted on flight limits specific impact of delays on consumers. to weigh the benefits of an unre- and created an independent authority The most detailed analysis that is strained market against other cher- to manage the airports. The slot rules available to us comes from a 1995 DOT ished values. The free market does not limited the number of flights and noise study titled ‘‘A Study of the High Den- protect our children from pollution, at National, and the perimeter rule in- sity Rule.’’ That report examines the guard against monopolies, or preserve creased business at Dulles. Together impact of several scenarios, including our natural resources. In this case, we with local management of the airports, removing slots at National completely, are weighing a small benefit that these rules provided what we thought and allowing 191 new flights, the max- would come from an additional 24 slots was long-term stability and growth for imum the airport could safely accept at National against the virtues of a both airports. More than $1.6 billion in according to their report. Government that keeps its word and bonds have supported the expansion of According to experts at DOT: against the peace of mind of thousands Dulles. More than $940 million has been [T]he estimated dollar benefit of lifting the of Northern Virginians, as well as invested to upgrade National. These slot rule at National is substantially nega- many in the District of Columbia and major improvements would not have tive: minus $107 million. Maryland. taken place without local management This figure includes the benefits of Elsewhere in this bill, we would re- and without the stability provided by new service and fare reductions, strain the market. The legislation the perimeter and slot rules. S11906 CONGRESSIONAL RECORD — SENATE October 5, 1999 The local agreement on slot controls According to Congressman Dick To summarize, the additional flights was not enacted into Federal law sim- Armey: proposed in this bill are not designed to ply to build good airports. Slot con- Transferring control of the airports to an address some major restraint on avia- trols embodied a promise to the com- independent authority will put these air- tion competition. Slot controls may re- munities of Northern Virginia and ports on the same footing as all others in the spect competition, but there are clear- Washington and Maryland. country. It gets the Federal Government out ly many factors affecting airfares. In the 1980s, there was some discus- of the day-to-day operation and management More importantly, the benefits to con- sion of shutting down National com- of civilian airports, and puts this control into the hands of those who are more inter- sumers of 24 additional flights at Na- pletely. Anyone who was here at the ested in seeing these airports run in the tional are very uncertain. We will time will recall that discussion and the safest and most efficient manner possible. clearly have delays, and none of the prospect that National might actually I submit that local airports in Vir- studies supporting additional flights be shut down. We avoided that fate and ginia have been well managed to date. have examined in detail the cost of the resulting harm to consumer choice We shouldn’t now start second-guess- those delays. The best study we have with an agreement to limit National’s ing that effort. on the subject, a 1995 DOT report, sug- growth. I suspect some individuals in Again, the legislation before us re- gests that because of those delays, con- communities around National believe neges on the Federal commitment to sumers won’t get much benefit—maybe the agreement did not protect them this region that the Federal Govern- $1.50 per person, on average. enough and should have limited flights ment would not meddle in airport man- We don’t know how the delays at Na- even more. But by giving them some agement and that we would not force tional—which we know will come if we sense of security that airport noise additional flights on National. Con- approve the new flights—will affect air would not continue to worsen by giving gress repeated that commitment in service in other cities with connecting them a commitment, we were able to 1990 with the Airport Noise Capacity flights to National. We are balancing move ahead with airport improve- Act which left in place existing noise these marginal benefits against the ments. control measures across the country. quality of life in communities sur- Congress and the executive branch That act, wherein Congress limited rounding the National Airport. We are recognized the community outrage new noise rules and flight restrictions, pitting improved service for a few that had blocked airport work and af- also recognized that the Federal Gov- against quieter neighborhoods for firmed that a Federal commitment in ernment should not overrule pre- many. We are also pitting a small, un- law would allow improvements to go existing slot controls, curfews, and certain benefit to consumers against forward. the integrity of the Federal Govern- In 1986 hearings on the airport legis- noise limits. The 1990 act left in place ment. lation, Secretary of Transportation preexisting rules, including flight lim- Forcing additional flights on Na- Elizabeth Dole stated: its at National. The bill before us contributes to the tional breaks an agreement that Con- With a statutory bar to more flights, noise gress made in 1986 to turn the airport levels will continue to decline as quieter air- growing cynicism with which the pub- craft are introduced. Thus all the planned lic views our Federal Government. over to a regional authority and leave projects at National would simply improve Overruling protections that airport it alone. the facility, not increase its capacity for air communities have relied on is fun- A vote for this amendment to strike traffic. Under these conditions, I believe that damentally unfair. is a vote against more delays for con- National’s neighbors will no longer object to Beyond the matter of fairness, forc- sumers. A vote for this amendment is a the improvements. ing flights on National sets a precedent vote in favor of a Federal Government As the Senate Committee on Com- that will affect communities across the that keeps its word. I urge my col- merce report noted at the time: Nation. Many communities, such as Se- leagues to support this amendment to [I]t is the legislation’s purpose to author- attle, WA, and San Diego, CA, are try- strike and retain the bargain, both im- ize the transfer under long-term lease of the ing to determine how they will address plied and explicit, that we made in 1986 two airports ‘‘as a unit to a properly con- growing aviation needs and how their with the communities that surround stituted independent airport authority to be the two airports in question. created by Virginia and the District of Co- actions will affect communities around lumbia in order to improve the management, their airports. I yield the floor. operation and development of these impor- Those debates will determine how The PRESIDING OFFICER. The tant transportation assets.’’ communities will treat their existing Chair recognizes the Senator from Ari- Local government leaders, such as airport, whether they will close the zona. Arlington County Board member John airport to prevent possible growth in Mr. MCCAIN. Mr. President, I thank Milliken, at that time noted that they excess noise or leave it open to pre- my friend from Virginia. I understand sought a total curfew on all flights and serve consumer benefits, with the un- his passion and commitment on this shrinking the perimeter rule but, in derstanding that growth will be re- issue. On this particular issue, we sim- the spirit of compromise, would accept strained. ply have an honorable disagreement. specific limitations on flights and the Those debates will also determine the He makes a very cogent argument, but perimeter rule. location of new airports, whether a with all due respect, I simply am not in The airport legislation was not sim- community will place the airport in a agreement. I have a different view and ply about protecting communities from convenient location or further remove perspective. He and I have debated this airport noise. It was also about the ap- it from population centers to avoid issue on a number of occasions in the propriate role of the Federal Govern- noise impacts. past. ment. Members of Congress noted at The action Congress takes today will I want to make a few additional the time that the Federal Government shape those debates. Knowing that points. Twelve new round-trip flights should not be involved in local airport Congress may intervene in local air- at Reagan National is barely accept- management. In short, local airports port management will tip the balance able to me. Because of Senator ROBB’s should be managed by local govern- toward closing the more convenient intense pressures and that of Senator ments, not through congressional local airports out of fear—fear that WARNER, and others, we have reduced intervention. Congress will simply stamp out a local it rather dramatically from what we At a congressional debate on the air- decision. had hoped to do. I know the Senator port legislation, Senator Robert Dole Unfortunately, for the citizens from Virginia knows I won’t give up on and Congressman Dick Armey affirmed around National, they trusted the Fed- this issue because of my belief. But 12 that Federal management of the air- eral Government. They hoped the Fed- additional round-trip flights are simply ports was harmful. According to Sen- eral Government agreement that they not going to help, particularly the un- ator Dole: had to limit flights would protect derserved airports all over America. There are a few things the Federal Govern- them. As former Secretary of Trans- The GAO has found on more than one ment—and only the Federal Government— portation William Coleman noted in occasion that significant barriers to can do well. Running local airports is not 1986, ‘‘National has always been a polit- competition still exist at several im- one of them. ical football.’’ portant airports, and both at Reagan October 5, 1999 CONGRESSIONAL RECORD — SENATE S11907 National Airport are slot controls and safety record and the environmental impact would have to meet any safety studies the perimeter rule. is no greater here than elsewhere. I have not done by the DOT before any additional The GAO is not the only one that as- heard any recent neighborhood ‘‘upset’’’ flights were allowed. about the increase in airport noise. Reagan sesses it that way. The National Re- National Airport is the most convenient air- Again, the GAO and the Department search Council’s Transportation Re- port that I have ever been in. I hope you will of Transportation—literally every ob- search Board recently issued its own do more to expand its benefit by expanding jective organization that observes the report on competition in the airline in- the range of flights in and out of it. situation at Reagan National Airport— dustry. This independent group also This is certainly another resident of say that increase in flights is called found that ‘‘the detrimental effects of Northern Virginia who has, in my view, for. The perimeter rule, which was put slot controls on airline efficiency and the proper perspective. Most local resi- in in a purely blatant political move, competition are well-documented and dents don’t get motivated to write such as we all know—coincidentally, the pe- are too far-reaching and significant to letters as the one I just read. Appar- rimeter rule reaches the western edge continue.’’ ently, there are those who drop flyers of the runway at Dallas-Fort Worth Based on its finding, the Transpor- in mailboxes asking people to write Airport. We all know who the majority tation Research Board recommended and complain. leader of the House was at that time. the early elimination of slot controls. I yield to the Senator from Virginia. We all know it has been a great boon to They were equally critical of perimeter Mr. ROBB. Mr. President, I thank my the Dallas-Fort Worth Airport. rules. colleague and friend from Arizona, Why wasn’t it in Jackson, MS? I As I mentioned during my opening with whom I agree on so many issues think if my dear friend, the majority statement, the GAO came out last but disagree on this particular ques- leader, had been there at the time, per- month with another study confirming tion. First of all, I will let the Senator haps it might have. that Reagan National is fully capable know that I am not in any way affili- But the fact is that the perimeter of handling more flights without com- ated or associated with an effort to get rule was artificially imposed for re- promising safety or creating signifi- people to write the Senator from Ari- straint. The Senator knows that as cant aircraft delays. In fact, language zona or anybody else. There may be well as I do. in the bill requires that any additional others with good intentions. But I sub- But back to his question, again, the flights would have to clear the Depart- mit to my friend from Arizona that the GAO, the DOT, the Aviation Commis- ment of Transportation’s assessment letter he just read makes the point we sion, and every other one indicate so far as any impact on safety. The are trying to make; that is, the letter— clearly that this is called for. I want to GAO demonstrates that their argu- which I haven’t seen yet—talks about remind the Senator. I do with some ments against these modest changes it was worse back in the early 1960s embarrassment—12 additional flights, are not persuasive. I regret this legisla- when we had a slots agreement which 12 additional round-trip flights? I think tion doesn’t do more to promote com- limited the number of planes. We had a my dear friend from Virginia doth pro- petition at Reagan National Airport. decrease in noise because of the air- test too much. I earlier read a statement from one of craft noise levels in the stage 3 air- Mr. ROBB. Mr. President, will my Senator ROBB’s constituents who al- craft. All of this is consistent with friend from Arizona yield for an addi- leged that he could not afford flights what has happened. Why most of the tional question? out of Reagan National Airport. Also, I individuals who live in these areas Mr. MCCAIN. Yes. got another letter that was sent to the want to continue to have the protec- Mr. ROBB. Mr. President, I ask my FAA aviation noise ombudsman and tions that were afforded to them by the friend from Arizona if he would address printed in his annual activity report. 1986 agreement is precisely what is in- the other two principal concerns that The noise ombudsman deals almost en- cluded in the letter my friend from Ari- have been raised—delays and the tirely with complaints about noise. zona just read. breaking of a deal. He has in part ad- The relevant section of that report I ask my friend from Arizona to react dressed the breaking of a deal. He says reads as follows: to my reaction to a letter previously the deal in effect was political. Indeed, unseen, but it seems to me to be di- Very few citizens who are not annoyed by there are some political implications airplane noise take the time to publicly or rectly on point and makes the point as in almost anything that is struck, par- privately voice an opinion. The Ombudsman to why we are pursuing an attempt to ticularly as it affects jurisdictions dif- received a written opinion from one such res- keep my friend from Arizona from ferently in this body, as the Senator idence in the area south of National Airport breaking that agreement. well knows. But it was a deal entered Mr. MCCAIN. I thank my friend. which said: into by the executive branch, Congress Recently, someone left a ‘‘flyer’’ in my First of all, the gentleman said 1960s mailbox urging that I contact you to com- and 1970s—not just 1960s, 1970s. He said on both sides, the governments of the plain about aircraft noise into and out of the the noise was much louder in the 1970s. local jurisdictions involved, and all of airport. I am going to follow her format In a report to Congress recently, Sec- the local communities. That was the point by point. retary Rodney Slater announced that deal that was entered into. Now we are I have lived in (the area) for 35 years. I the Nation’s commercial jet aircraft concerned about the impact of break- have not experienced any increase in aircraft fleet is the quietest in history and will ing the deal and the impact of addi- noise. I have noticed a reduction in the loud- tional delays. ness of the planes during that time. continue to achieve record low noise levels into the next century. Obviously, As I mentioned just a few minutes That makes sense, Mr. President, with stage 3 aircraft, that noise would ago, I myself was caught in delays that since aircraft engines are quieter and be dramatically lessened, thank God. I were exacerbated by the fact that we quieter. The citizen says: hope there is going to be a stage 4 that had some planes waiting to take off I do not observe aircraft flying lower. I will make it even quieter. Clearly, it is ‘‘right now.’’ That is without any addi- have not observed more aircraft following not, because actually the number of tional flight authorization during the one another more closely. I have not noticed time periods that are going to be the aircraft turning closer to the airport as flights have been reduced at Reagan opposed to ‘‘down river.’’ My quality of life National Airport since the perimeter sought. has not significantly been reduced by air- rule and the slot controls were put in— Second, certainly the Senator from craft noise. In fact, in the 1960s and 1970s, the because, as the Senator knows, the Illinois talked about the fact that the noise was much louder. I am not concerned major airlines aren’t making full use of mayor of Chicago came here for a spe- about property values due to the level of air- those slots as they are really required cific reception that was in his honor to craft noise. I would be very concerned if to do by, if not the letter of the law, benefit Chicago and was inconven- there were no noise because it would mean certainly the intent of the law. ienced to the point that he didn’t ar- the airport was closed. A closure of the air- I remind the Senator, the require- rive until after the reception was over port would make my neighborhood less desir- able to me and to many thousands of others ment is they all be stage 3 aircraft. and he turned right around. I almost who like the convenience of Reagan National New flights would have to be stage 4 did that yesterday on another flight. Airport. I am concerned about safety and en- aircraft. But the point is, more flights mean vironmental impacts, as everybody should The Senator just pointed out how more delays and mean breaking the be; but Reagan National Airport has a good stage 3 aircraft are much quieter. They deal that the Congress, the executive S11908 CONGRESSIONAL RECORD — SENATE October 5, 1999 branch, and the local governments AMENDMENT NO. 2254, AS MODIFIED section (a) may agree, subject to the court’s made with the people. Mr. HATCH. Mr. President, I ask approval, to extend the 60-day period speci- Will the distinguished Senator from unanimous consent to modify amend- fied in subsection (a)(1). Arizona address those two elements of ment No. 2254, which I filed earlier ‘‘(c)(1) In any case under this chapter, the my concern at this point? I agree cer- trustee shall immediately surrender and re- today, to conform to the previous turn to a secured party, lessor, or condi- tainly on the stage 3 engines and the unanimous consent agreement as it re- tional vendor, described in subsection (a)(1), continued noise reduction. lates to aviation matters. I send the equipment described in subsection (a)(2), if Mr. President, before he answers the modification to the desk. at any time after the date of commencement question, let me thank him for his ac- The PRESIDING OFFICER. Without of the case under this chapter such secured commodation in many areas. I am not objection, the amendment is so modi- party, lessor, or conditional vendor is enti- in any way diminishing the number of fied. tled under subsection (a)(1) to take posses- changes the Senator from Arizona has The amendment, as modified, is as sion of such equipment and makes a written demand for such possession of the trustee. made to try to address legitimate con- follows: cerns that he recognized could be ad- ‘‘(2) At such time as the trustee is required Insert at the appropriate place: under paragraph (1) to surrender and return dressed. And this is a less bad bill than SEC. . ROLLING STOCK EQUIPMENT. equipment described in subsection (a)(2), any we had earlier with respect to this par- (a) IN GENERAL.—Section 1168 of title 11, lease of such equipment, and any security ticular component of it. But we are United States Code, is amended to read as agreement or conditional sale contract relat- still not where the deal said we ought follows: ing to such equipment, if such security to be. We are still not where we can ‘‘§ 1168. Rolling stock equipment agreement or conditional sale contract is an represent to the people that we are not ‘‘(a)(1) The right of a secured party with a executory contract, shall be deemed re- going to be creating additional delays security interest in or of a lessor or condi- jected. in an obviously constricted area. tional vendor of equipment described in ‘‘(d) With respect to equipment first placed Mr. McCAIN. I would be glad to re- paragraph (2) to take possession of such in service on or before October 22, 1994, for equipment in compliance with an equipment purposes of this section— spond very quickly. Does the Senator ‘‘(1) the term ‘lease’ includes any written want an up-or-down vote on this security agreement, lease, or conditional sale contract, and to enforce any of its other agreement with respect to which the lessor amendment? and the debtor, as lessee, have expressed in Mr. ROBB. The Senator would defi- rights or remedies under such security agree- ment, lease, or conditional sale contract, to the agreement or in a substantially contem- nitely like it. poraneous writing that the agreement is to Mr. McCAIN. I would like to ask the sell, lease, or otherwise retain or dispose of such equipment, is not limited or otherwise be treated as a lease for Federal income tax majority leader. Perhaps we can sched- affected by any other provision of this title purposes; and ule it right after the lunch along with or by any power of the court, except that the ‘‘(2) the term ‘security interest’ means a the other votes. I will ask the majority right to take possession and enforce those purchase-money equipment security inter- leader when he finishes his conversa- other rights and remedies shall be subject to est. ‘‘(e) With respect to equipment first placed section 362, if— tion. We are about to break for the in service after October 22, 1994, for purposes ‘‘(A) before the date that is 60 days after lunch period. Would the majority lead- of this section, the term ‘rolling stock equip- the date of commencement of a case under er agree to an up-or-down vote as part ment’ includes rolling stock equipment that this chapter, the trustee, subject to the of the votes that are going to take is substantially rebuilt and accessories used court’s approval, agrees to perform all obli- place after the lunch? on such equipment.’’. gations of the debtor under such security (b) AIRCRAFT EQUIPMENT AND VESSELS.— Mr. LOTT. That would be my pref- agreement, lease, or conditional sale con- Section 1110 of title 11, United States Code, erence, actually, Mr. President. If the tract; and is amended to read as follows: Senator will yield, I would like to get ‘‘(B) any default, other than a default of a that locked in at this point, if you kind described in section 365(b)(2), under ‘‘§ 1110. Aircraft equipment and vessels would like to do so. such security agreement, lease, or condi- ‘‘(a)(1) Except as provided in paragraph (2) Mr. McCAIN. I would be glad to. tional sale contract that— and subject to subsection (b), the right of a Could I just very briefly respond. We ‘‘(i) occurs before the date of commence- secured party with a security interest in have been down this track many times. ment of the case and is an event of default equipment described in paragraph (3), or of a Delays are due to the air traffic control therewith is cured before the expiration of lessor or conditional vendor of such equip- system, and obviously our focus and such 60-day period; ment, to take possession of such equipment in compliance with a security agreement, the reason why we have to pass this ‘‘(ii) occurs or becomes an event of default after the date of commencement of the case lease, or conditional sale contract, and to en- bill is to increase the capability of the and before the expiration of such 60-day pe- force any of its other rights or remedies, air traffic control system. Deals are riod is cured before the later of— under such security agreement, lease, or con- made all the time, my dear friend. The ‘‘(I) the date that is 30 days after the date ditional sale contract, to sell, lease, or oth- people of Arizona weren’t consulted. of the default or event of the default; or erwise retain or dispose of such equipment, The people of California weren’t con- ‘‘(II) the expiration of such 60-day period; is not limited or otherwise affected by any sulted. It was a deal made behind and other provision of this title or by any power closed doors, which is the most un- ‘‘(iii) occurs on or after the expiration of of the court. ‘‘(2) The right to take possession and to en- pleasant aspect of the way we do busi- such 60-day period is cured in accordance with the terms of such security agreement, force the other rights and remedies described ness around here, where people were ar- lease, or conditional sale contract, if cure is in paragraph (1) shall be subject to section tificially discriminated against be- permitted under that agreement, lease, or 362 if— cause they happened to live west of the conditional sale contract. ‘‘(A) before the date that is 60 days after Dallas-Fort Worth Airport. It is an in- ‘‘(2) The equipment described in this the date of the order for relief under this equity, and it is unfair and should be paragraph— chapter, the trustee, subject to the approval fixed. ‘‘(A) is rolling stock equipment or acces- of the court, agrees to perform all obliga- Mr. LOTT. Mr. President, I ask unan- sories used on rolling stock equipment, in- tions of the debtor under such security imous consent that a vote on the Robb cluding superstructures or racks, that is sub- agreement, lease, or conditional sale con- tract; and amendment be included in the stacked ject to a security interest granted by, leased to, or conditionally sold to a debtor; and ‘‘(B) any default, other than a default of a sequence of votes after the policy ‘‘(B) includes all records and documents re- kind specified in section 365(b)(2), under such luncheon breaks. lating to such equipment that are required, security agreement, lease, or conditional The PRESIDING OFFICER. Without under the terms of the security agreement, sale contract that occurs— objection, it is so ordered. lease, or conditional sale contract, to be sur- ‘‘(i) before the date of the order is cured be- Mr. LOTT. Mr. President, if I may rendered or returned by the debtor in con- fore the expiration of such 60-day period; withhold for 1 second, I am concerned nection with the surrender or return of such ‘‘(ii) after the date of the order and before that there might be another Senator equipment. the expiration of such 60-day period is cured who would want to be heard on this ‘‘(3) Paragraph (1) applies to a secured before the later of— issue. If so, we will delay the vote mo- party, lessor, or conditional vendor acting in ‘‘(I) the date that is 30 days after the date its own behalf or acting as trustee or other- of the default; or mentarily. But I don’t know that that wise in behalf of another party. ‘‘(II) the expiration of such 60-day period; will be necessary, so let’s go ahead and ‘‘(b) The trustee and the secured party, les- and go forward with the stacked vote se- sor, or conditional vendor whose right to ‘‘(iii) on or after the expiration of such 60- quence. take possession is protected under sub- day period is cured in compliance with the October 5, 1999 CONGRESSIONAL RECORD — SENATE S11909 terms of such security agreement, lease, or directly to conference with the House These percentages represent a dra- conditional sale contract, if a cure is per- when the Senate passed a short term matic increase in the actual number of mitted under that agreement, lease, or con- extension bill for the Airport Improve- people using the air system, even when tract. ment Program. We need to have a seri- compared to the increase in air travel ‘‘(3) The equipment described in this paragraph— ous debate on the increasing demands that occurred over the last ten years. ‘‘(A) is— for air transportation, the capital re- Daily enplanements are expected to ‘‘(i) an aircraft, aircraft engine, propeller, quirements for our future air transpor- grow to more than 1 billion by 2009. In appliance, or spare part (as defined in section tation system, the availability of fed- 2010, there will be 828 million domestic 40102 of title 49) that is subject to a security eral funding and whether the current enplanements compared to last year’s interest granted by, leased to, or condi- structure of the aviation trust fund 554.6 million, and there will be 230.2 tionally sold to a debtor that, at the time will meet those needs, and finally, the million international enplanements such transaction is entered into, holds an air lack of competition and minimal serv- compared to today’s figure of 126.1 mil- carrier operating certificate issued under ice that most small and medium sized lion. Respectively, this represents an chapter 447 of title 49 for aircraft capable of carrying 10 or more individuals or 6,000 communities are faced with in this era annual growth of 3.4% and 4.95% per pounds or more of cargo; or of airline deregulation. year. Regional and commuter traffic is ‘‘(ii) a documented vessel (as defined in I want to commend Senators MCCAIN, expected to grow even faster at the section 30101(1) of title 46) that is subject to ROCKEFELLER and GORTON for their rate of 6.4%. Total enplanements in a security interest granted by, leased to, or hard work in resolving so many issues this category should reach 59.7 million conditionally sold to a debtor that is a water prior to bringing this bill to the floor. in 2010. As of September 1997, there carrier that, at the time such transaction is I am disturbed, however, by provisions were 107 regional jets operating in the entered into, holds a certificate of public in this bill which would force even U.S. airline fleet. In the FAA Aviation convenience and necessity or permit issued more planes into an already jammed by the Department of Transportation; and Forecasts Fiscal years 1998–2009, the ‘‘(B) includes all records and documents re- system in New York as well as Wash- FAA predicts that there will be more lating to such equipment that are required, ington’s National Airport. At a time than 800 of these in the U.S. fleet by under the terms of the security agreement, when delays are at an all-time high, we FY2009. lease, or conditional sale contract, to be sur- continue to authorize more flights into Correspondingly, the growth in air rendered or returned by the debtor in con- and out of these already busy airports. travel has placed a strain on the avia- nection with the surrender or return of such I am even more perplexed at the timing tion system and has further increased equipment. of the current call to privatize our Air delays. In 1998, 23% of flights by major ‘‘(4) Paragraph (1) applies to a secured party, lessor, or conditional vendor acting in Traffic Control System. While certain air carriers were delayed. MITRE, the its own behalf or acting as trustee or other- segments of the industry support this FAA’s federally-funded research and wise in behalf of another party. effort, we often too quickly gravitate development organization, estimates ‘‘(b) The trustee and the secured party, les- toward solutions such as privatization that just to maintain delays at current sor, or conditional vendor whose right to as cure all for whatever ails the sys- levels in 2015, a 60% increase in airport take possession is protected under sub- tem, instead of simply ensuring that capacity will be needed. As many of section (a) may agree, subject to the ap- the FAA has the tools and money it you may know, and perhaps experi- proval of the court, to extend the 60-day pe- needs to do its job. enced first hand, delays reached an all- riod specified in subsection (a)(1). ‘‘(c)(1) In any case under this chapter, the Aviation has become a global busi- time high this summer. These delays trustee shall immediately surrender and re- ness and is an important part of the are inordinately costly to both the car- turn to a secured party, lessor, or condi- transportation infrastructure and a riers and the traveling public; in fact, tional vendor, described in subsection (a)(1), vital part of our national economy. according to the Air Transport Asso- equipment described in subsection (a)(3), if Every day our air transportation sys- ciation, delays cost the airlines and at any time after the date of the order for re- tem moves millions of people and bil- travelers $3.9 billion for 1997. lief under this chapter such secured party, lions of dollars of cargo. While many We cannot ignore the numbers. These lessor, or conditional vendor is entitled predicted that an economy based on ad- statistics underscore the necessity of under subsection (a)(1) to take possession of such equipment and makes a written demand vanced communications and tech- properly funding our investment—we for such possession to the trustee. nology would reduce our need for trav- must modernize our Air Traffic Control ‘‘(2) At such time as the trustee is required el, the opposite has proved true. The system and expand our airport infra- under paragraph (1) to surrender and return U.S. commercial aviation industry re- structure. In 1997, the National Civil equipment described in subsection (a)(3), any corded its fifth consecutive year of Aviation Review Commission came out lease of such equipment, and any security traffic growth, while the general avia- with a report stating the gridlock in agreement or conditional sale contract relat- tion industry enjoyed a banner year in the skies is a certainty unless the Air ing to such equipment, if such security shipments and aircraft activity at FAA Traffic Control, ATC, system and Na- agreement or conditional sale contract is an executory contract, shall be deemed re- air traffic facilities. To a large extent, tional Air Space are modernized. A sys- jected. growth in both domestic and inter- tem-wide delay increase of just a few ‘‘(d) With respect to equipment first placed national markets has been driven by minutes per flight will bring commer- in service on or before October 22, 1994, for the continued economic expansion in cial operations to a halt. American purposes of this section— the U.S. and most world economies. Airlines published a separate study ‘‘(1) the term ‘lease’ includes any written The FAA Aerospace Forecasts Re- confirming these findings. A third, agreement with respect to which the lessor port, Fiscal Years 1999–2010, was issued done by the White House Commission and the debtor, as lessee, have expressed in in March of this year and forecasts the agreement or in a substantially contem- on Aviation Security and Safety, dated poraneous writing that the agreement is to aviation activity at all FAA facilities January 1997 and commonly known as be treated as a lease for Federal income tax through the year 2010. The 12-year fore- the Gore Commission, recommends purposes; and cast is based on moderate economic that modernization of the ATC system ‘‘(2) the term ‘security interest’ means a growth and inflation, and relatively be expedited to completion by 2005 in- purchase-money equipment security inter- constant real fuel prices. Based on stead of 2015. est.’’. these assumptions, U.S. scheduled do- Regrettably, as the need to upgrade Mr. HOLLINGS. Mr. President, I rise mestic passenger emplanements are and replace the systems used by our air today to discuss the Federal Aviation forecast to increase 50.4 percent—air traffic controllers grows, funding has Administration reauthorization bill carriers increasing 49.3 percent and re- steadily decreased since 1992. In FY ’92 and I am pleased we will have this op- gional/commuters growing by 87.5 per- the Facilities and Equipment account portunity to consider the current state cent. Total International passenger was funded at $2.4 Billion. In l997, F&E of the aviation industry and some of traffic between the United States and was $l.938 Billion. In 1998, the account the enormous challenges facing our air the rest of the world is projected to in- was funded at 1.901 billion. Assuming a transportation system over the next crease 82.6 percent. International pas- conservative 2015 completion date, the decade. I resisted efforts earlier this senger traffic carried on U.S. Flag car- modernization effort requires $3 billion year to bypass Senate consideration of riers is forecast to increase 94.2 per- per year in funding for the Facilities this major transportation bill and go cent. and Equipment Account alone, the S11910 CONGRESSIONAL RECORD — SENATE October 5, 1999 mainspring of the modernization effort. NATIONAL AIRSPACE REDESIGN Americans who use our air transpor- Unfortunately, S.82 authorizes $2.689 Mr. TORRICELLI. Mr. President, I tation system and live near our Na- billion for FY2000 while the Appropria- rise today in support of a provision in tion’s airports. tions Committee has provided only S. 82, the FAA Reauthorization Bill, Mr. TORRICELLI. Mr. President, I $2.075 billion. We are falling short that will provide an additional $36 mil- am grateful to Chairman MCCAIN and every year and losing critical ground in lion over three years to the National Senator HOLLINGS and ROCKEFELLER the race to update our national air Airspace Re-Design project, and to for their cooperation and support. I transportation system. thank Chairman MCCAIN and Senators look forward to collaborating with Increasing capacity through techno- HOLLINGS, and ROCKEFELLER for their them again on this very important logical advances is crucial to the critical role in securing this funding. issue. functionality of the FAA and the avia- Many of my colleagues may not real- Mr. BENNETT. Mr. President, I rise tion industry. Today, a great deal of ize this, but the air routes over the today to express my support for the ac- the equipment used by the Air Traffic U.S. have never been designed in a tions taken by the Commerce Com- Controllers is old and becoming obso- comprehensive way, they have always mittee and in particular, Chairman lete. Our air traffic controllers are the been dealt with regionally and incre- MCCAIN, in crafting provisions that front line defense and insure the safety mentally. In order to enhance effi- will allow exemptions to the current of the traveling public every day by ciency and safety, as well as reduce perimeter rule at Ronald Reagan Wash- separating aircraft and guiding take- noise over many metropolitan areas, ington National Airport. Mr. Chair- offs and landings. Our lives and those the FAA is undertaking a re-design of man, I commend you on creating a of our families, friends, and constitu- our national airspace. process which I believe fairly balances ents are in their hands. These control- In an effort to deal with the most the interests of Senators from states lers and technicians do a terrific job. challenging part of this re-design from inside the perimeter and those of us The fact that their equipment is so an- the outset, the FAA has decided to from western states without conven- tiquated makes their efforts even more begin the project in the ‘‘Eastern Tri- ient access to Reagan National. These limited exemptions to the pe- heroic. angle’’ ranging from Boston through We have the funds to modernize our rimeter rule will improve service to New York/Newark down to Miami. This air facilities but refuse to spend them the nation’s capital for dozens of west- airspace constitutes some of the busi- and by doing so Congress perpetuates a ern cities beyond the perimeter—while est in the world, with the New York fraud on the traveling public. The Air- ensuring that cities inside the perim- metropolitan area alone servicing over port and Airways Trust Fund, AAF, eter are not adversely impacted by new 300,000 passengers and 10,000 tons of was created to provide a dedicated service. This is a fair balance which is cargo a day. The delays resulting from funding source for critical aviation consistent with the overall intent of this level of activity being handled by programs and the money in the fund is the bill to improve air service to small the current route structure amount to generated solely from taxes imposed on and medium-sized cities. air travelers and the airline industry. over $1.1 billion per year. Throughout this bill, our goal has The fund was created so that users of While many of my constituents, and been to improve air service for commu- the air transportation system would I am sure many of Senators HOLLINGS’ nities which have not experienced the bear the burden of maintaining and im- and ROCKEFELLER’s as well, are pleased benefits of deregulation to the extent proving the system. The traveling pub- by the FAA’s decision to undertake of larger markets. The provision relat- lic has continued to honor its part of this difficult task, they are concerned ing to improved access to Reagan Na- the agreement through the payment of by the timetable associated with the tional Airport is no different. Today, ticket taxes, but the federal govern- re-design. The FAA currently esti- passengers from many communities in ment has not. mates that it could take as long as five the West are forced to double or even Congress has refused to annually ap- years to complete the project. How- triple connect to fly to Reagan Na- propriate the full amount generated in ever, my colleagues and I have been tional. My goal is to ensure that not the trust fund despite the growing working with the FAA to expedite this just large city point-to-point service needs in the aviation industry. The process, and this additional funding will benefit, but that passengers from surplus generated in the trust fund is will go a long way toward helping us all points west of the perimeter will used to fund the general operations of achieve this goal. have better options to reach Wash- government, similar to the way in In fact, I had originally offered an ington, DC via Ronald Reagan Wash- which Congress has used surplus gen- amendment to this legislation that ington National Airport. This provision erated in the Social Security trust would have required the FAA to com- is about using this restricted exemp- fund. At the end of FY 2000, the Con- plete the re-design process in two tion process to spread improved access gressional Budget Office predicts that years, but have withdrawn it because it throughout the West—not to limit the there will be a cash balance of $14.047 is my understanding that the Rocke- benefits to a few large cities which al- billion in the AATF, for FY2001, it will feller provision will allow the agency ready have a variety of options. be $16.499 billion. By FY2009, the bal- to expedite this project. Let me be clear, according to the lan- ance will grow to $71.563 billion. In- I want to recognize Senator ROCKE- guage contained in this provision, if stead of using these monies to fund the FELLER again for including this funding the Secretary receives more applica- operation of the general government, in the bill, and ask Chairman MCCAIN tions for additional slots than the bill we should use them to fund aviation and Senator ROCKEFELLER if it is the allows, DOT must prioritize the appli- improvements, which is what we prom- Committee’s hope that this additional cations based on quantifying the do- ised the American public when we en- funding will be used to expedite the Na- mestic network benefits. Therefore, acted and then increased the airline tional Re-Design project, including the DOT must consider and award these ticket tax. portion dealing with the ‘‘Eastern Tri- limited opportunities to western hubs Let’s get our aviation transport sys- angle’s’’ airspace. which connect the largest number of tem up to par and let’s provide ways to Mr. MCCAIN. Mr. President, I begin cities to the national air transpor- increase competition and maintain our by thanking my friend from New Jer- tation network. In a perfect world, we worldwide leadership in aviation. Let’s sey for his comments, and reassure him would not have to make these types of follow the lead of Chairman SHUSTER that it is the Committee’s hope that choices and could defer to the market- and Congressman OBERSTAR and vote the funding included in this legislation place. This certainly would be my pref- to take the Trust Fund off-budget. I will allow us to finish the National Air- erence. However, Congress has limited look forward to a thoughtful debate on space Re-Design more expeditiously, the number of choices thereby requir- these issues and I intend to work with including the ongoing effort in the ing the establishment of a process Senators MCCAIN, ROCKEFELLER, and Eastern Triangle. which will ensure that the maximum GORTON to accomplish this common Mr. ROCKEFELLER. Mr. President, I number of cities benefit from this goal of ensuring that the safest and hope this money will be used to speed change in policy. most efficient air transportation sys- up the re-design project and finally I commend the Chairman and his col- tem in the world stays so. bring some relief to the millions of leagues on the Commerce Committee October 5, 1999 CONGRESSIONAL RECORD — SENATE S11911 for their efforts to open the perimeter engender strong feelings on all sides. I colleagues noticed the Washington rule and improve access and competi- believe that the bipartisan leadership Post article discussing a further two- tion to Ronald Reagan Washington Na- of the aviation subcommittee, Senators year delay in the FAA’s deployment of tional Airport. As a part of my state- GORTON and ROCKEFELLER, performed a equipment to minimize runway incur- ment, I ask unanimous consent to have service to the Senate by crafting a sions—the very frightening cir- printed in the RECORD a letter sent to compromise that, while not satisfac- cumstance through which taxiing air- Chairman MCCAIN on this matter tory to all Senators, proposes a regime craft or other vehicles unknowingly signed by seven western Senators. that is much improved over the one stray onto active runways. There being no objection, the letter contained in the committee-reported Given these concerns, Mr. President, was ordered to be printed—the RECORD, bill. I want to commend Senators GORTON as follows: Mr. President, when the Senate is in and ROCKEFELLER for negotiating a reasonable compromise on this issue. U.S. SENATE, session, my wife and I reside in North- Washington, DC, August 23, 1999. ern Virginia, not far from the flight The Gorton-Rockefeller amendment Hon. JOHN MCCAIN, path serving Reagan National Airport. will reduce by half the increased num- Chairman, Committee on Commerce, Science, I have had misgivings about proposals ber of frequencies into Reagan Na- and Transportation, Washington, DC. to tinker with the status quo in terms tional Airport than was originally DEAR CHAIRMAN MCCAIN: We are writing to of the number of flights coming into sought. It will also reserve half of the commend you on your efforts to improve ac- Reagan National Airport and the dis- additional slots for flights serving cit- cess to the western United States from Ron- tances to which those flights can trav- ies within the 1,250 mile perimeter. ald Reagan Washington National Airport. We el. Despite efforts to reduce the levels Most importantly, Mr. President, these support creating a process which fairly bal- additional slots within the perimeter ances the interests of states inside the pe- of aircraft noise through the advent of rimeter and those of western states without quieter jet engines, I can tell my col- will be reserved for flights to small convenient access to Reagan National. leagues that the aircraft noise along communities, flights to communities These limited exemptions to the perimeter the Reagan National Airport flight without existing service to Reagan Na- rule will improve service to the nation’s cap- path is often deafening. It can bring all tional Airport, and flights provided by ital for dozens of western cities beyond the family conversation to a halt. Current either a new entrant airline, or an es- perimeter—while at the same time ensuring flight procedures for aircraft landing at tablished airline that will provide new that cities inside the perimeter are not ad- competition to the dominant carriers versely impacted by new service. This is a Reagan National Airport from the north call on the pilots to direct their at Reagan National. fair balance which is consistent with the As my colleague from West Virginia, overall intent of the bill to improve air serv- aircraft to the maximum extent pos- Senator ROCKEFELLER, knows well, no sible over the Potomac River. The in- ice to small and medium-sized cities. state has endured the ravages of airline The most important aspect of your pro- tent of this procedure is to minimize deregulation like West Virginia. We posal is that the Department of Transpor- the noise impact on residential com- have experienced a very severe down- tation must award these limited opportuni- munities on both the Maryland and turn in the quality, quantity and af- ties to western hubs which connect the larg- Virginia sides of the river. Notwith- est number of cities to the national trans- fordability of air service in our state. standing this policy, however, too portation network. In our view, this stand- Fares for flights to and from our state often the aircraft fail to follow that ard is the cornerstone of our mutual goal to have grown to ludicrous levels. A re- give the largest number of western cities im- guidance. That is not necessarily the fundable unrestricted round-trip ticket proved access to the Nation’s capital. We fault of the pilots. During the busiest between Reagan National Airport and trust that the Senate bill and Conference re- times of the day, the requirement to Charleston, West Virginia, now costs port on FAA reauthorization will reaffirm stray directly over certain residential this objective. $722. Conversely, Mr. President, I can communities is necessary for safety buy the same unrestricted round-trip In a perfect world, we would not have to reasons in order to maintain a min- make these types of choices. These decisions ticket to Boston, which is 100 miles far- would be better left to the marketplace. imum level of separation between the ther away than Charleston, and pay However, Congress has limited the ability of many aircraft queued up to land at less than half that amount. By tar- the marketplace to make these determina- Reagan National Airport. I invite my geting the additional slots to be pro- tions. Therefore, we must have a process colleagues to glance up the river dur- vided inside the perimeter to under- which ensures that we spread improved ac- ing twilight one day soon. There is a served communities, the Gorton- cess to Reagan National throughout the high probability that you will see the West. Rockefeller amendment has taken a lights of no fewer than four aircraft, all small but important step toward ad- We look forward to working with you as lined up, waiting to land, one right the House and Senate work to reconcile the dressing this problem. differences in the FAA reauthorization bills. after the other. At the present time, the largest air- Sincerely, I appreciate very much the earlier port in West Virginia does have some ORRIN G. HATCH, statements made by the distinguished direct service to Reagan National. We U.S. Senator. chairman of the Commerce Committee, face greater hurdles, frankly, in gain- LARRY E. CRAIG, Senator MCCAIN. The chairman pointed ing direct access to LaGuardia Airport U.S. Senator. out that the Department of Transpor- in New York, as well as improved serv- CONRAD BURNS, tation has indicated that safety will ice to Chicago O’Hare. The Gorton- U.S. Senator. not be compromised through additional Rockefeller amendment expands slots CRAIG THOMAS, flights at Reagan National Airport. I U.S. Senator. at those airports as well. As a member remain concerned, however, regarding ROBERT F. BENNETT, of the Transportation Appropriations U.S. Senator. the current capabilities of the air traf- Subcommittee, I intend to diligently MIKE CRAPO, fic control tower at that airport. The work with Senator ROCKEFELLER, Sec- U.S. Senator. air traffic controllers serving in that retary Slater and his staff, to see that MAX BAUCUS, facility have been quite outspoken re- West Virginia has a fair shot at the ex- U.S. Senator. garding the deficiencies they find with panded flight opportunities into these Mr. BYRD. Mr. President, I rise in the aging and unreliable air traffic slot controlled airports. support of the Gorton-Rockefeller control equipment in the tower. In- Again, in conclusion, I want to rise amendment. This amendment makes deed, the situation has become so se- in support of the Gorton-Rockefeller important revisions to the underlying vere that our FAA Administrator, Ms. amendment. It is a carefully crafted bill concerning the rules governing the Jane Garvey, mandated that the equip- compromise that is a great improve- allocation of slots at the nation’s four ment in that facility be replaced far ment over the underlying committee slot-controlled airports—Chicago sooner than was originally anticipated. bill, and gives appropriate attention to O’Hare, LaGuardia, Kennedy, and Even so, the new equipment for that fa- the needs of under-served communities. Reagan National Airports. The issues cility has, like so many other FAA pro- KEEPING AVIATION TRUST FUND ON BUDGET surrounding the application of the high curements, suffered from development Mr. LOTT. Mr. President, I under- density rule, and the perimeter rule, problems and extended delays. Just stand that the Senator from New Mex- are both complex and delicate. They this past weekend, I know many of my ico and the Senator from Alabama had S11912 CONGRESSIONAL RECORD — SENATE October 5, 1999 filed four amendments that they were modes of transportation—not to men- relies on aviation more than does my considering offering during Senate con- tion investment in other social pro- state of Alaska. Yet, changing the sideration of S. 82, the FAA reauthor- grams. budgetary treatment of the aviation ization legislation. After discussions Mr. LOTT. I share the concerns of accounts is, in my estimation, short- with them, with the managers of the the Senator from New Jersey and sighted and irresponsible. The FAA is bill and other interested Members, I would mention that the Senator from to be commended, along with the air- understand the Members no longer feel New Mexico and the Senator from Ala- lines, for the level of safety they have it necessary to offer their amendments. bama have informed me on more than contributed to achieving. However, the Mr. DOMENICI. The Leader’s under- one occasion that if a change in the FAA is not known as the most efficient standing is correct. After discussions budgetary treatment of the aviation of agencies. Unfortunately, the FAA with the managers of the reauthoriza- accounts, whether off-budget or a fire- has had substantial problems on vir- tion bill, I am comfortable with the as- wall, is included in the conference re- tually every major, and minor, pro- surances of the Majority Leader and port, it would make it extraordinarily curement and has been the subject of the distinguished Chairman of the difficult to consider the conference re- numerous audits and management re- Commerce Committee on their com- port in the Senate. If that occurs the ports that invariably call for increased mitment to preserve the current budg- prospect of a multi-year aviation reau- accountability and oversight. Changing etary treatment for aviation accounts thorization may disappear and we may budgetary treatment cannot have in the conferenced bill. have to settle for a simple one-year ex- other than a detrimental effect on the Mr. SHELBY. I, too, share the Sen- tension of the Airport Improvement oversight efforts of the two committees ator’s understanding, and would note Program. of jurisdiction that I serve on. For that that there is much to praise in both Mr. DOMENICI. I associate myself reason as well as the reasons men- H.R. 1000 and S. 82 without regard to with the remarks of my Leader and tioned by the Leader, the Senators changing budgetary treatment of the would also note that there has been from Alabama, New Mexico and New aviation accounts. I would be very dis- much discussion by the proponents of Jersey, I cannot support a change in appointed if the prospect of a changing the budgetary treatment of budgetary treatment for the aviation multiyear reauthorization were frus- the FAA accounts because of the need accounts. trated by the House’s intransigence on to spend more from the airport and air- Mr. MCCAIN. Mr. President, I hear changing the budgetary treatment of ways trust fund. I would like to set the and share the views of my colleagues the aviation accounts to the detriment record straight—for the last five years, on this issue. Clearly, I have been of all other discretionary spending, in- we have spent more on the aviation ac- tasked by the Senate and the Leader cluding Amtrak, drug interdiction ef- counts than the airport and airways with successfully completing a con- forts of the Coast Guard, as well as trust fund has taken in. In addition, ference with the House on multi-year many of the domestic programs funded the Department of Transportation has aviation reauthorization legislation. I, in appropriations bills other than the estimated that we have spent in excess too, oppose any change in budgetary one I manage as the Chairman of the of $6 billion more on FAA programs treatment of the aviation accounts. Transportation appropriations sub- than total receipts into the Airport Mr. DOMENICI. I note that the Ad- committee. and Airways Trust Fund over the life ministration strongly opposes any pro- According to the Administration, the of the trust fund. visions that would drain anticipated budget treatment envisioned in H.R. Mr. GORTON. My colleagues have budget surpluses prior to fulfilling our 1000 would create an additional $1.1 bil- been very clear as to their position on commitment to save Social Security. lion in outlays, which if it were ab- this issue. As a member of all three of The House bill asks us to do for avia- sorbed out of the DOT budget would the interested committees, Budget, tion what isn’t done for education, vet- mean: ‘‘elimination of Amtrak capital Commerce, and Appropriations, I ap- erans’ benefits, national defense, or en- funding, thereby making it impossible preciate this issue from all the dif- vironmental protection. As important for Amtrak to make the capital invest- ferent perspectives. In short, I believe as aviation investment is, it would be ments needed to reach self-sufficiency; that we need to spend more on aviation fiscally irresponsible of us to grant it a and severe reductions to Coast Guard, infrastructure investment, but that in- bye from the budget constraints we the Federal Railroad Administration, creased investment should have to face with in funding virtually every Saint Lawrence Seaway, the Office of compete with other transportation and other program. the Inspector General, the Office of the other discretionary spending priorities. Mr. SHELBY. The assurances of my Secretary, and the Research and Spe- I think the record shows that Senator Leader and the distinguished Chairman cial Programs Administration funding, SHELBY, Senator STEVENS, as well as of the Commerce Committee are all greatly impacting their operations.’’ the Senator from New Mexico and the this Senator needs, and I withdraw my Clearly, firewalls or off-budget treat- Senator from Arizona are strong advo- filed amendments. ment for the aviation accounts is a cates for the importance of investing in budget buster that would only further airport and aviation infrastructure. I Mr. LOTT. I thank my colleagues. exacerbate the current budget prob- share their concern that firewalling or Mr. WARNER. Mr. President, I will lems we face staying under the spend- taking the aviation trust fund off- offer an amendment to give Reagan Na- ing caps. budget would allow FAA spending to be tional and Dulles International Air- Mr. LAUTENBERG. The Senator exempt for congressional budget con- ports equitable treatment under Fed- from Alabama and the Chairman of the trol mechanisms, providing aviation eral law that is enjoyed today by all of Appropriations Committee make a accounts with a level of protection the major commercial airports. good point. There is more at stake here that is not warranted and I will not Congress enacted legislation in 1986 than just aviation. Our experience over support such a proposition in con- to transfer ownership of Reagan Na- the last two years demonstrates that ference. tional and Dulles Airports to a regional mandated increases in certain trans- Mr. DOMENICI. I appreciate the com- authority which included a provision portation accounts makes it extraor- ment of the Senator from Washington to create a Congressional Board of Re- dinarily difficult to fund other trans- and look forward to working with him view. portation accounts. While aviation in- on this important issue. Immediately upon passage of the 1986 vestment is critical to the continued Mr. STEVENS. Mr. President, I, too, Transfer Act, local community groups growth, development and quality of life serve on more than one of the inter- filed a lawsuit challenging the con- of New Jersey and the Northeast, so is ested committees. On Commerce with stitutionality of the board of review. the continued improvement of Amtrak the Leader, the Senator from Arizona, The Supreme Court upheld the lawsuit service and an adequately funded Coast and the Senator from Washington, and and concurred that the Congressional Guard. Taking care of one mode of on the Appropriations Committee with Board of Review as structured as un- transportation with a firewall belies the Senator from New Mexico, the Sen- constitutional because it gave Mem- the reality and the importance of pro- ator from Alabama, and the Senator bers of Congress veto authority over viding adequate investment in other from Washington. No member’s state the airport decisions. The Court ruled October 5, 1999 CONGRESSIONAL RECORD — SENATE S11913 that the functions of the board of re- Nation’s airports. Unlike any other air- service to this facility will be unneces- view was a violation of the separation port in the country, the full share of sary. The total cost of this project is of powers doctrine. federal funds have been withheld from $51.1 million, with $46.8 million funded During the 1991 House-Senate con- Dulles and Reagan National for over by PFCs. ference on the Intermodal Surface two years. Increased baggage handling capacity: Transportation Efficiency Act These critically needed funds have With increased passenger levels come (ISTEA), I offered an amendment, halted important construction projects increase demands for handling bag- which was adopted, to attempt to re- at both airports. Of the over $146 mil- gage. PFC funding is necessary to con- vise the Board of Review to meet the lion that is due, approximately $161 struct a new baggage handling area for constitutional requirements. million will fund long-awaited con- inbound and outbound passengers. The Those provisions were also chal- struction projects and $40 million is total cost of this project is $38.7 mil- lenged and again were ruled unconsti- needed to fund associated financing lion, with $31.4 million funded by PFCs. tutional. costs. At Reagan National there are two In 1996, in another attempt to address I respect the right of the Senate to major projects that are dependent on the situation, the Congress enacted exercise its constitutional duties to the Authority’s ability to implement legislation to repeal the Board of Re- confirm the President’s nominees to passenger facility charges (PFCs). view since it no longer served any func- important federal positions. I do not, Historic main terminal rehabilita- tion due to several federal court rul- however, believe that it is appropriate tion: Even though the new terminal at ings. In its place, Congress increased to link the Senate’s confirmation proc- Reagan National was opened last year, the number of federal appointees to the ess to vitally needed federal dollars to the entire Capital Development Pro- MWAA Board of Directors from 1 to 3 operate airports. gram will not be complete until the members. Also, I must say that I can find no historic main terminal is rehabilitated In addition to the requirement that justification for the Senate’s delay in for airline use. This project includes the Senate confirm the appointees, the considering the qualifications of these the construction of nine air carrier statute contains a punitive provision nominees to serve on the MWAA Board. gates, renovation of historic portions which denies all federal Airport Im- To my knowledge, no one has raised of the main terminal for continued pas- provement Program entitlement grants concerns about the qualifications of senger use and demolition of space that and the imposition of any new pas- the nominees. We are neglecting our is no longer functional. The total cost senger facility charges to Dulles Inter- duties. of this project is $94.2 million with $20.7 national and Reagan National if the For this reason, I am introducing an million to be paid for by AIP entitle- appointees were not confirmed by Octo- amendment today to repeal the puni- ment grants and $36.2 million to be ber 1, 1997. tive prohibition on releasing Federal funded with PFCs. Additional airfield Regretfully, Mr. President, the Sen- funds to the airports until the Federal work to accompany this project will ate has not confirmed the three Fed- nominees have been confirmed. cost $12.2 million, with $5.2 million eral appointees. Since October 1997, Airports are increasingly competi- funded by PFCs. Terminal connector expansion: In Dulles International and Reagan Na- tive. Those that cannot keep up with order to accommodate the increased tional, and its customers, have been the growing demand see the services go passengers moving between Terminals waiting for the Senate to take action. to other airports. This is particularly B and C (the new terminal) and Ter- Finally in 1998, the Senate Commerce true with respect to international serv- minal A, it is necessary to expand the Committee favorably reported the ices, and low-fare services, both of ‘‘Connector’’ between the two build- three pending nominations to the Sen- which are essential. ings. The total cost of the project is ate for consideration, but unfortu- As a result of the Senate’s inaction, $4.8 million, with $4.3 million funded by nately no further action occurred be- I provide for my colleagues a list of the PFCs. fore the end of the session because several major projects that are vir- Mr. President, my amendment is these nominees were held hostage for tually on hold since October, 1997. They aimed at ensuring that necessary safe- other unrelated issues. Many speculate are as follows: ty and service improvements proceed that these nominees have not been con- At Dulles International there are at Reagan National and Dulles. Let’s firmed because of the ongoing delay in four major projects necessary for the give them the ability to address con- enacting a long-term FAA reauthoriza- airport to maintain the tremendous sumer needs just like every other air- tion bill. growth that is occurring there. port does on a daily basis. At the beginning of the 105th Con- Main terminal gate concourse: It is This amendment would not remove gress in January 1997, Commerce Com- necessary to replace the current tem- the Congress of the United States, and mittee held hearings and approved the porary buildings attached to the main particularly the Senate, from its ad- three nominees for floor consideration. terminal with a suitable facility. This vise-and-consent role. It allows the Unfortunately, a hold was placed on terminal addition will include pas- money, however, which we need for the them on the Senate floor at the very senger hold rooms and airline support modernization of these airports, to end of the Congress. All three nominees space. The total cost of this project is flow properly to the airports. These were renominated by the President in $15.4 million, with $11.2 million funded funds are critical to the modernization January 1999. Nothing has happened by PFCs. program of restructuring them phys- since. Passenger access to main terminal: ically to accommodate somewhat larg- Mr. President, I am not here today to As the Authority continues to keep er traffic patterns, as well as do the join in that speculation. I do want, pace with the increased demand for necessary modernization to achieve however, to call to the attention of my parking and access to the main ter- safety-most important, safety-and colleagues the severe financial, safety minal, PFCs are necessary to build a greater convenience for the passengers and consumer service constraints this connector between a new automobile using these two airports. inaction is having on both Dulles and parking facility and the terminal. The Under the current situation these Reagan National. total cost of this project is $45.5 mil- funds have been held up. It is over $146 As the current law forbids the FAA lion, with $29.4 million funded by PFCs. million, which is more or less held in from approving any AIP entitlement Improved passenger access between escrow, pending the confirmation by grants for construction at the two air- concourse B and main terminal: With the Senate of the United States of ports and from approving any Pas- the construction of a pedestrian tunnel three individuals to this board. senger Facility Charge (PFC) applica- complex between the main terminal For reasons known to this body, that tions, these airports have been denied and the B concourse, the Authority confirmation has been held up. The access to over $146 million. will be able to continue to meet pas- confirmation may remain held up. But These are funds that every other air- senger demand for access to this facil- this amendment will let the moneys port in the country receives annually ity. Once this project is complete, ac- flow to the airports for this needed and are critical to maintaining a qual- cess to concourse B will be exclusively construction for safety and conven- ity level of service and safety at our by moving sidewalk, and mobile lounge ience. It is my desire that at a later S11914 CONGRESSIONAL RECORD — SENATE October 5, 1999 date, we can achieve the confirmation courage you to approve legislation this year Schafer, North Dakota; Frank of these three new members to the that reinvests a meaningful portion of the O’Bannon, Indiana; Kirk Fordice, Mis- board. revenues from federal outer continental shelf sissippi; William J. Janklow, South Da- (OCS) oil and gas development in coastal kota. f conservation and impact assistance, open Mr. DASCHLE. Mr. President, I space and farmland preservation, federal, NATURAL RESOURCE state and local parks and recreation, and thank the majority leader. We recog- CONSERVATION wildlife conservation including endangered nize and applaud the desire of a number of groups and organizations in this Mr. LOTT. Mr. President, I am species prevention, protection and recovery country to take the proceeds from this pleased to join my colleague from costs. Since outer continental shelf revenues non-renewable resource and reinvest a South Dakota, the minority leader, in come from nonrenewable resources, it makes portion of these outer continental shelf submitting for the RECORD and ac- sense to permanently dedicate them to nat- revenues in the conservation and en- knowledging the importance of a letter ural resource conservation rather than dis- hancement of our renewable resources. we received last week from 40 of our persing them for general government pur- When the Land and Water Conserva- Nation’s Governors. This letter is dis- poses. Around the nation, citizens have re- tion Fund was created more than thir- tinctly bipartisan and the signatories peatedly affirmed their support for conserva- tion through numerous ballot initiatives and ty years ago, the intention was for rev- represent both coastal and inland state and local legislation. We applaud both enues from off-shore oil and gas drill- states. It unequivocally demonstrates the Senate Energy and Natural Resources ing to be deposited into the fund, al- strong national support for reinvesting committee and the House Resources Com- lowing federal and state governments a substantial portion of federal outer mittee for conducting a bipartisan and inclu- to protect green space, improve wild- continental shelf (OCS) oil and gas de- sive process that recognizes the unique role life habitat and purchase lands for con- velopment revenues in coastal con- of state and local governments in preserving servation purposes. servation and impact assistance; open and protecting natural resources. The legislation reported by the Commit- In my state of South Dakota this space and farmland preservation; de- tees should, to the maximum extent possible, program has been particularly bene- velopment and maintenance of federal, permanently appropriate these new funds to ficial, helping local and state govern- state and local parks and recreation the states, to be used in partnership with ments to purchase park lands and de- areas; and wildlife conservation. The local governments and non-profit organiza- velop facilities in municipal and state Governors also stressed the importance tions to implement the various conservation parks throughout the state. of recognizing the role of state and initiatives. We urge the Congress to give Unfortunately, the Land and Water local governments in planning and im- state and local governments maximum flexi- bility in determining how to invest these Conservation Fund has rarely received plementing these conservation initia- funds. In this way, federal funds can be tai- adequate funding. tives. lored to complement state plans, priorities Congress has the opportunity this Although the signatories to this let- and resources. State and local governments year to pass legislation that would fi- ter did not identify specific legislation are in the best position to apply these funds nally ensure consistent funding for the to which they are lending support, I be- to necessary and unique conservation efforts, Land and Water Conservation Fund lieve that S. 25, the Conservation and such as preserving species, while providing and provide a permanent stream of rev- Reinvestment Act of 1999, of which I for the economic needs of communities. The enue for conservation. am a cosponsor along with 20 other legislation should be neutral with regard to both existing OCS moratoria and future off- We applaud the efforts of the Senate Senators, most nearly achieves the ob- shore development, and should not come at Committee on Energy and Natural Re- jectives outlined by the Governors. S. the expense of federally supported state pro- sources as well as the House Com- 25 has strong bipartisan support and of- grams. mittee on Natural Resources for con- fers Congress the best opportunity to We recognize that dedicating funds over a ducting the process thus far in a fair pass legislation this year. number of years to any specific use is a dif- and bi-partisan manner. I share the belief of these Governors ficult budgetary decision. Nevertheless, we We encourage these committees to that the 106th Congress has a historic believe that the time is right to make this continue their progress so that Con- opportunity to demonstrate our solid major commitment to conservation along the lines outlined in this letter. gress as a whole can debate and pass commitment to natural resource con- We look forward to working with you to what may well be the most significant servation for the benefit of future gen- take advantage of this unique opportunity conservation effort of the century. erations. I urge my colleagues on both and are available to help ensure that this f sides of the aisle to join hands in ad- commitment is fiscally responsible. Thank vancing this noble effort. you for your consideration of these legisla- ORDER OF PROCEDURE tive principles as you proceed to enact this I thank the Governors for their let- Several Senators addressed the ter. I invite the attention of my col- important legislation. Sincerely, Chair. leagues to this very important area John A. Kitzhaber, Oregon; Mike The PRESIDING OFFICER. The which is a win-win-win for those who Leavitt, Utah; Tom Ridge, Pennsyl- Chair recognizes the Senator from live in the coastal regions as I do, but vania; Mike Foster, Louisiana; John G. Utah. also inland Governors who will help us Rowland, Connecticut; Parris N. Mr. HATCH. Mr. President, I ask with conservation and preservation. Glendening, Maryland; Howard Dean, unanimous consent that I be allowed to I ask unanimous consent that this Vermont; Thomas R. Carper, Delaware; Christine Todd Whitman, New Jersey; speak as in morning business for up to letter be printed in the RECORD. 10 minutes. There being no objection, the letter James B. Hunt, Jr., North Carolina; Roy B. Barnes, Georgia; Jim Hodges, The PRESIDING OFFICER. Is there was ordered to be printed in the South Carolina; Lincoln Almond, objection? RECORD, as follows: Rhode Island; Angus S. King, Jr., Mr. HARKIN. Mr. President, I may SEPTEMBER 21, 1999. Maine; Gary Locke, Washington; Argeo object. I have been standing here about Hon. TRENT LOTT, Paul Cellucci, Massachusetts; Cecil H. 45 minutes waiting to speak. I thought Majority Leader, U.S. Senate, Washington, DC. Underwood, West Virginia; Marc we were going to go back and forth Hon. THOMAS DASCHLE, Rancot, Montana; Don Siegelman, Ala- Minority Leader, U.S. Senate, Washington, DC. bama; Gray Davis, California; Mel across the aisle. I want to speak on the Hon. J. DENNIS HASTERT, Carnahan, Missouri; Benjamin J. bill, not as in morning business. Since Speaker of the House, House of Representatives, Cayetano, Hawaii; Jane Dru Hull, Ari- I like the Senator from Utah so much, Washington, DC. zona; Dirk Kempthorne, Idaho; Tony I will not object. I wanted to make my Hon. RICHARD GEPHARDT, Knowles, Alaska; George H. Ryan, Illi- point. Minority Leader, House of Representatives, nois; James S. Gilmore III, Virginia; The PRESIDING OFFICER. Is the Washington, DC. Jeanne Shabeen, New Hampshire; Bill Senator from Iowa requesting time to DEAR SENATORS LOTT AND DASCHLE AND Graves, Kansas; George E. Pataki, New speak? REPRESENTATIVES HASTERT AND GEPHARDT: York; Paul E. Patton, Kentucky; The 106th Congress has an historic oppor- Tommy G. Thompson, Wisconsin; Bill Mr. HARKIN. I did not hear the re- tunity to end this century with a major com- Owens, Colorado; Mike Huckabee, Ar- quest. mitment to natural resource conservation kansas; Frank Keating, Oklahoma; Jim The PRESIDING OFFICER. Is the that will benefit future generations. We en- Geringer, Wyoming; Edward T. Senator from Iowa requesting, as part October 5, 1999 CONGRESSIONAL RECORD — SENATE S11915 of the unanimous consent request, an This is not a time for partisan dec- objectivity, courtesy, and patience opportunity to speak? larations of victory, but I am pleased [are] without blemish.’’ Mr. HARKIN. If I can follow the Sen- that my colleagues revisited their deci- Utah State Senator, Mike Dmitrich, ator from Utah for 10 minutes, yes, I sion to hold up the nomination. We are one of many Democrats supporting this request to speak. proceeding with a vote on the merits nomination, wrote, ‘‘[Mr. Stewart] has The PRESIDING OFFICER. Without on Ted Stewart’s nomination, and we always been fair and deliberate and objection, it is so ordered. will then proceed upon an arranged shown the moderation and thoughtful- Mr. HATCH. Mr. President, I thank schedule to vote on other nominees in ness that the judiciary requires.’’ my colleague, and I apologize. I did not precisely the way that was proposed I understand that the American Bar realize he had been standing here all prior to the filibuster vote. Association has concluded that Ted this time. Ultimately, it is my hope for us, as Stewart meets the qualifications for f an institution, that instead of sig- appointment to the federal district court. This sentiment is strongly NOMINATION OF TED STEWART TO naling a trend, the last 2 weeks will in- stead look more like an aberration shared by many in Utah, including the BE DISTRICT JUDGE FOR THE recent president of the Utah State Bar. DISTRICT OF UTAH that was quickly corrected. I look for- ward to moving ahead to perform our For these reasons, Mr. Stewart was ap- Mr. HATCH. Mr. President, it is a constitutional obligation of providing proved for confirmation to the bench great pleasure for me to support the by an overwhelming majority vote of advice and consent to the President’s confirmation of a judicial candidate the Judiciary Committee. judicial nominees. who is the epitome of good character, To those who contend Mr. Stewart And now, I would like to turn our at- broad experience, and a judicious tem- has taken so-called anti-environmental tention to the merits of Ted Stewart’s perament. positions, I say: look more carefully at First, however, I think it appropriate nomination. I have known Ted Stewart his record. Mr. Stewart was the direc- that I spend a moment to acknowledge for many years. I have long respected tor of Utah’s Department of Natural the minority for relenting in what I his integrity, his commitment to pub- Resources for 5 years, and the fact is consider to have been an ill-conceived lic service, and his judgment. And I am that his whole record has earned the gambit to politicize the judicial con- pleased that President Clinton saw fit respect and support of many local envi- firmations process. My colleagues ap- to nominate this fine man for a seat on ronmental groups. pear to have made history on Sep- the United States District Court for Indeed, for his actions in protecting tember 21 by preventing the invocation the District of Utah. reserve water rights in Zion National of cloture for the first time ever on a Mr. Stewart received his law degree Park, Mr. Stewart was enthusiastically district judge’s nomination. from the University of Utah School of praised by this administration’s Sec- This was—and still is—gravely dis- Law and his undergraduate degree from retary of the Interior. appointing to me. In a body whose best Utah State University. He worked as a Consider the encomiums from the moments have been those in which practicing lawyer in Salt Lake City for following persons hailing from Utah’s statesmanship triumphs over partisan- 6 years. And he served as trial counsel environmental community: ship, this unfortunate statistic does with the Judge Advocate General in R.G. Valentine, of the Utah Wetlands not make for a proud legacy. the Utah National Guard. Foundation, wrote, ‘‘Mr. Stewart’s My colleagues, who were motivated In 1981, Mr. Stewart came to Wash- judgment and judicial evaluation of by the legitimate goal of gaining votes ington to work with Congressman JIM any project or issue has been one of un- on two particular nominees, pursued a HANSEN. His practical legal experience biased and balanced results.’’ short-term offensive which failed to ac- served him well on Capitol Hill, where Don Peay, of the conservation group complish their objective and risked he was intimately involved in the sportsmen for Fish and Wildlife, wrote, long-term peril for the nation’s judici- drafting of legislation. ‘‘I have nothing but respect for a man ary. There now exists on the books a Mr. Stewart’s outstanding record in who is honest, fair, considerate, and ex- fresh precedent to filibuster judicial private practice and in the Legislative tremely capable.’’ nominees with which either political Branch earned him an appointment to Indeed, far from criticism, Mr. Stew- party disagrees. the Utah Public Service Commission in art deserves praise for his major ac- I have always, and consistently, 1985. For 7 years, he served in a quasi- complishments in protecting the envi- taken the position that the Senate judicial capacity on the Commission, ronment. must address the qualifications of a ju- conducting hearings, receiving evi- Ultimately, the legion of letters and dicial nominee by a majority vote, and dence, and rendering decisions with testaments in support of Mr. Stewart’s that the 41 votes necessary to defeat findings of fact and conclusions of law. nomination reflects the balanced and cloture are no substitute for the demo- Mr. Stewart then brought his experi- fair judgment that he has exhibited cratic and constitutional principles ence as a practicing lawyer, as a legis- over his long and distinguished career. that underlie this body’s majoritarian lative aide, and as a quasi-judicial offi- Those who know Ted Stewart know he premise for confirmation to our Fed- cer, to the executive branch in State will continue to serve the public well. On a final note, Ted Stewart is need- eral judiciary. government. Beginning in 1992, he ed in Utah. The seat he will be taking But now the Senate is moving for- served as Executive Director of the has been vacant since 1997. So I am ward with the nomination of Ted Stew- Utah Departments of Commerce and deeply gratified that the Senate is now art. I think some of my colleagues real- Natural Resources. And since 1998, Mr. considering Mr. Stewart for confirma- ized they had erred in drawing lines in Stewart has served as the chief of staff tion. the sand, and that their position of Governor Mike Leavitt. I am grateful to my colleagues on threatened to do lasting damage to the Throughout Mr. Stewart’s career, in both sides of the aisle who helped get Senate’s confirmation process, the in- private practice, in the legislative this up and resolve what really was a tegrity of the institution, and, of branch, in the executive branch, and as very serious and I think dangerous course, the judicial branch of Govern- a quasi-judicial officer, he has earned problem for the Senate as a whole and ment. the respect of those who have worked for the judiciary in particular. The record of the Judiciary Com- for him, those who have worked with I yield the floor. mittee in processing nominees is a him, and those who were affected by The PRESIDING OFFICER. Under good one. I believe the Senate realized his decisions. And a large number of the previous order, the Chair recog- that the Committee will continue to people from all walks of life and both nizes the Senator from Iowa for up to hold hearings on those judicial nomi- sides of the political aisle have written 10 minutes. nees who are qualified, have appro- letters supporting Mr. Stewart’s nomi- f priate judicial temperament, and who nation. respect the rule of law. I had assured James Jenkins, former President of AIR TRANSPORTATION my colleagues of this before we reached the Utah State Bar, wrote, ‘‘Ted’s rep- IMPROVEMENT ACT—Continued this temporary impasse and I reiterate utation for good character and indus- Mr. HARKIN. I thank the President this commitment today. try and his temperament of fairness, for this time and his indulgence while S11916 CONGRESSIONAL RECORD — SENATE October 5, 1999 I take my 10 minutes when I know we airports. I believe this final language is with cheap seats to destinations served are supposed to be recessing for our an excellent compromise. I am pleased by small carriers. They maintain the luncheon caucuses. I appreciate the in- that the structure of our original pro- low price until the day the small car- dulgence of the Senator from Wyo- posal is largely intact. I was also rier is gone. ming. pleased that the House moved in June This happened in Des Moines with I want to take a few minutes to talk to eliminate the slot rule at these air- Vanguard Airlines. We had a new air- about the managers’ amendment, the ports. I think the Senate provision im- line that started. What happened? slot amendment that provides for a proves on that. United and American, flying to Chi- two-step process for the elimination of Access to affordable air service is es- cago, dropped their fares by over half, airline slots for landing and takeoff sential to efficient commerce and eco- dropped their fares down to below what rights at O’Hare, Kennedy, and nomic development in States with a lot Vanguard could do. The travelers were LaGuardia Airports. of small communities. Again, Ameri- happy, but Vanguard could only afford Senator GRASSLEY and I have been cans have a right to expect this. Air- to do that for so long, and then they working on this for quite awhile to- ports are paid for by the traveling pub- went out of business. As soon as they gether. I am pleased we have been able lic through taxes and fees charged by went out of business, what did United to work closely with Chairman the Federal Government and local air- and American do? They upped their MCCAIN, with Senator ROCKEFELLER, port authorities. Unfortunately, when fares 83 percent. That is what they Senator GORTON, and others on the de- deregulation came through in 1978, were doing to stifle competition. velopment of this proposal. there was no framework put in place to I believe that allowing new entrant It is an important step toward elimi- deal with anticompetitive practices. A carriers, such as Vanguard, Access Air, nating a major barrier to airline com- lot of these outrageous practices have and others that may be coming along, petition. Not only must we eliminate become business as usual. easier access to O’Hare from cities such the barrier, but we have to do it in a What happened? We went through de- Des Moines, and the Quad Cities—Mo- way that mitigates against the long- regulation in 1978; and then in 1986 the line, Rock Island, Bettendorf, and Dav- term effects of a Government-imposed DOT gave the right to land and take off enport and others, will be a step in the slot rule. Under the current rules, most under these slots to those that used right direction toward helping eco- smaller airlines have, in effect, a far them as of January 21, 1986. So what nomic development and growth and more difficult time competing, in part, happened was, when the Secretary of providing for lower airfares for our peo- because of the slot rule. DOT, in 1986 said, here, airlines, these ple. In the first phase of the proposal, in are your slots, it locked them into The amendment of the managers the managers’ amendment, small air- those airports, and it effectively locked opens up the opportunity for direct lines will be allowed immediate ex- out competition in the future. It was, service into LaGuardia, important to panded access to the airports. Again, in fact, a give-away. I always said this cities such as Des Moines and Cedar this will help stimulate increased com- was a give-away of a public resource. Rapids and the Quad Cities. petition and lower ticket prices. Turbo- These airports do not belong to the air- Again, the Quad Cities recently lost prop and regional jet aircraft will also lines. They belong to us. They belong American Airlines’ service to O’Hare be allowed immediate slot exemptions to the people of this country. because of the slot rule. American Air- when they serve smaller markets. This So what has happened is that over lines decided to fly their new regional will increase airline service available the years these airlines have been able jet between Omaha and O’Hare. Nor- to smaller cities, especially cities west to lock them up. So we have this slot mally, this would not have had an im- of the Mississippi, such as the Pre- system. The slot system came in in the pact on Quad Cities’ service to O’Hare, siding Officer’s cities in Wyoming, or late 1960s because the air traffic con- but under the slot rule, Quad Cities Nebraska or the Dakotas or Iowa, or trol system was getting overwhelmed lost American Airlines’ service en- places such as that. with the number of flights then being tirely. They entirely lost it. The two-step mechanism in the bill handled. So they had a slot system. Without the slot limitation, Quad has the support of 30 attorneys general, Just the reverse is true today. With Cities would be a profitable market for the Business Travel Coalition, and the the modernization of our air traffic American or any other airline. But the Air Carrier Association of America control system—with global posi- area did not make the cut with a lim- which represents many of the smaller tioning satellites, GPSs, all of the ited number of landing rights available airlines. other things we have, the communica- under the existing slot rule. Again, After that first phase, in the final tions systems, our air traffic control economic decisions are not based upon step—after a number of years when the system, and the ongoing modernization what they can expect to get from a new competitive airlines might get a of it—we can handle it. We do not need market; it is based upon the slot rule. chance to establish a foothold and the slots any longer. That is skewing the economic decisions smaller cities would have established However, rather than just dropping made by airlines and by small commu- better service—the slot rules will be them right away, we need to mitigate nity airports. ended at O’Hare, Kennedy, and against the damage that has been So again, for our area, for Iowa, for LaGuardia Airports. caused by the slots. That is why we areas west of the Mississippi—I am Again, I commend Chairman MCCAIN need to have a phaseout, a two-step sure for Wyoming and for West Vir- for working so closely with us on this phaseout—a phaseout that would both ginia—we need to change this system, issue. Chairman MCCAIN had a field phase out the slots but at the same but we need to do it in a way that does hearing in Des Moines on April 30 of time include, in that first phase, not lock in the past anticompetitive this year to hear firsthand how the turboprops that serve smaller cities, activities of the larger airlines. current system affects small- and me- new airlines that would start up with Right now, Sioux City, IA, does not dium-sized cities. Senator MCCAIN has small regional jets that would serve have service to O’Hare. It is the No. 1 worked hard to move forward a pro- some of the smaller cities that have destination of its business travelers. posal which I believe will significantly been cut out of this for the last almost So, again, what is this doing? It hurts increase competition. 20 years—well, I guess 14 years now economic development and stifles com- I also thank Senator GORTON, and my since 1986. petition in Sioux City. colleague, Senator ROCKEFELLER from So, again, many airlines have monop- Again, I urge the Senate to support West Virginia, for their considerable olies in markets, especially if they con- the managers’ amendment. Doing so efforts. These Senators have shown a trol a hub airport. Local airport au- will lower airfares, it will improve air keen interest in the problems unique to thorities at major hub airports do very service to small- and medium-sized cit- smaller cities and rural areas where little to encourage small carriers to ies across the Nation, and it will allow adequate service is a paramount issue. use hub airports. It is no surprise that for economic decisions to be based on The provision has a number of items big airlines would rather see gates economics and not upon an outdated, that address the noise implications of empty than lease them to competitors. outmoded, anticompetitive slot rule. eliminating the slot rule near the three Dominant carriers flood the market I thank the Chair. October 5, 1999 CONGRESSIONAL RECORD — SENATE S11917 RECESS Indeed, nominees such as Charles State support that I feel is necessary The PRESIDING OFFICER. Under Wilson, Victor Marrero, and Carlos for a candidate to the Federal district the previous order, the Senate will now Murguia, minority nominees, and court in that State. stand in recess until the hour of 2:15 Marryanne Trump Barry, Marsha For me, this case has been a struggle. p.m. Pechman, and Karen Schrier, female On the one hand, Judge White is a fine Thereupon, the Senate, at 12:48 p.m., nominees, had broad support and man and the President is due a fair recessed until 2:16 p.m.; whereupon, the moved quickly through the committee amount of deference. On the other Senate reassembled when called to and were confirmed easily on the floor. hand, we are faced with the extremely order by the Presiding Officer (Mr. And, although the committee does not unusual case in which both home State INHOFE). keep race and gender statistics, a brief Senators, after having reviewed the Mr. HATCH. Mr. President, I rise to review of the committee’s record so far record, are opposing this nomination address the nomination of Judge Ron- this session shows that a large propor- on the floor. nie Lee White, of Missouri, to the tion of the nominees reported to the Of course, had the President worked United States District Court for the floor and confirmed consists of minori- more closely with the two Senators Eastern District of Missouri. We have ties and women. I categorically reject from Missouri and then nominated a heard thorough discussions of the the allegation that race or gender, as less problematic candidate, we would nominee by the distinguished Senators opposed to substantive controversy, not be in this predicament. But the from Vermont and from Missouri. In has ever played any role whatsoever in President did not. coming to my decision on this nomi- slowing down any nominee during my When a nominee has a record of sup- nee, I have considered the fairness of tenure as chairman. porting controversial legal positions the process under which Judge White After a fair and thorough review in that call into question his, or her, re- has been reviewed, the deference due to committee and after paying the def- spect for the rule of law, it takes the President, and the deference due to erence to the President to obtain a longer to gain the consensus necessary the Senators from the nominee’s home vote on the floor, I consider the posi- to move the nominee. When the Presi- State. This is a very difficult case. tion of a nominee’s home State Sen- dent has not adequately consulted with As chairman of the Judiciary Com- ators. These Senators are in a unique the Senate, it takes longer to gain the mittee, I have conducted thorough position to evaluate whether a nominee consensus necessary to move the nomi- hearings and reviewed nominees in a instills the confidence in the people of nee. And when both home State Sen- fair and even-handed manner. As a re- a State necessary to be a successful ators of a nominee oppose as nominee sult, we have seen a hearings process Federal judge in that State. This is es- on the floor of the Senate, it is almost that does not include personal attacks pecially true for a district judge nomi- impossible to vote for the confirmation on nominees and that maintains the in- nee whose jurisdiction, if confirmed, of that nominee. stitutional integrity of the Senate. On would be wholly limited to that par- Regretfully, such is the case with numerous occasions, even when several ticular State. Thus, there has devel- Judge White. Judge White has written of my Republican colleagues voted oped a general custom and practice of some controversial opinions, especially against nominees, I maintained a fair my giving weight to the Senators from on death penalty cases that have process free from personal attacks on a nominee’s home State. caused some to question his commit- nominees. This was the case with There have been several instances ment to upholding the rule of law. The Judge White. The committee held a where—notwithstanding some serious President has not garnered broad sup- fair and objective hearing on Judge reservations on my part—I voted to port for Judge White. And both Sen- White and thoroughly reviewed his confirm district court nominees be- ator ASHCROFT and Senator BOND op- record. cause the Senators from the nominees pose this nomination. It would have In considering any nomination, I be- home State showed strong, and in some been better for all parties concerned— lieve that the President, in whom the cases, bipartisan support. The nomina- the President, the Senate, the people of Constitution vests the nominations tions of Keith Ellison, Allen Pepper, Missouri, and Judge White, had we power, is due a large degree of def- Anne Aiken, Susan Mollway, and Mar- been able to reach this decision earlier. erence. Even though there are a large garet Morrow are examples of where I But I cannot rewrite the past. number of the President’s nominees supported contested district court After a painstaking review of the that I would not have nominated had I nominees and relied on the view of the record and thorough consultation with been President, I have supported these home-State Senators in reaching my the nominee’s home State Senators, I nominees in obtaining a floor vote be- decision. deeply regret that I must vote against cause in my view, the Constitution re- While I have harbored great concerns the nomination of Judge White. This is quires substantial deference to the on the White nomination, I withheld in no way a reflection of Judge White President. my final decision until I had the ben- personally. He is a fine man. Instead, Of course, the more controversial a efit of the view of my colleagues from my decision is based on the very un- nominee is, the longer it takes to gar- Missouri. I was under the impression usual circumstances in which the ner the consensus necessary to move that one of my colleagues might actu- President has placed this body. I must such a nominee out of committee. Such ally support the nomination, so I felt defer to my colleagues from Missouri is the case with Judge White. I sup- that the process should move forward— with respect to a nominee whose juris- ported Judge White coming to the floor and it did. diction, if confirmed, would be wholly on two occasions. In the last vote in Since the committee reported Judge limited to that State. committee, no fewer than six of my Re- White to the floor of the Senate, how- I call on the President to nominate publican colleagues voted against re- ever, both of the Senators from Mis- another candidate for the Eastern Dis- porting Judge White to the floor. At souri have announced their opposition trict of Missouri. He should do so, how- that point, however, I gave the Presi- to confirming Judge White. Also, since ever, only after properly consulting dent the deference of allowing a vote the committee reported this nominee with both Missouri Senators and thus on his nominee and voted to report to the floor, the law enforcement com- respecting the constitutional advice Judge White. munity of Missouri has indicated seri- and consent duties that this body per- I must say that I am deeply dis- ous concerns, and in some cases, open forms in confirming a nominee who appointed by the unjust accusations opposition to the nomination of Judge will serve as a Federal judge for life. from some that this body intentionally Ronnie White. And indeed, I have been Mr. BOND. After discussing this dif- delays nominees, such as Judge White, informed that the National Sheriffs As- ficult decision with Missouri constitu- based on their race. As the administra- sociation opposes this nomination. Op- ents, the Missouri legal community, tion is well aware, it is not a nominee’s position is mounting and it would per- and the Missouri law enforcement com- race or gender that slows the process haps be preferable to hold another munity, I have determined that Ronnie down, but rather the controversial na- hearing on the nomination. But if we White is not the appropriate candidate ture of a nominee based on his or her must move forward today, it is clear to to serve in a lifetime capacity as a U.S. record. me that Judge White lacks the home- district judge for eastern Missouri. S11918 CONGRESSIONAL RECORD — SENATE October 5, 1999 The Missouri law enforcement com- with certain unalienable rights. Roe causes that run contrary to the Con- munity, whose views I deeply respect, not only violates the 5th and 14th stitution. If he is willing to thwart the has expressed grave reservations about amendments, it violates the first and Constitution in his political activism, Judge White’s nomination to the Fed- most fundamental right that we have what makes us think he will uphold it eral bench. They have indicated to me as human beings and no court, liberal in his judicial opinions. He took an ac- their concern that Judge White might or conservative, can take away that tive role in supporting the passage of use the power of the bench to com- right. proposition 15 in California regarding promise the strength of law enforce- As a U.S. Senator, I recognize the registration of handguns. This kind of ment efforts in Missouri. awesome responsibility that we have to hostility to the second amendment will Given the concerns raised by those in confirm, or deny, judicial nominees. I not make matters any better on the Missouri’s law enforcement commu- recognize the solemn obligation that Ninth Circuit. He very actively sup- nity, who put their lives on the line on we have to make sure that our Federal ported employment benefits for homo- a daily basis, and those in Missouri’s courts are filled only with judges who sexual partners, and I found him to be legal community, who are charged with uphold and abide by the transcendent very evasive in his responses to ques- protecting our system of jurisprudence, ideals explicitly stated in our Constitu- tions during the Committee hearings. I am compelled to vote against Judge tion and the Bill of Rights. The judges Given the importance of this circuit White’s confirmation. we confirm or deny will be among the and its demonstrated bias toward the Mr. SMITH of New Hampshire. Mr. greatest and far-reaching of our leg- left, this nominee, who himself is a lib- President, I am opposed to the nomina- acies, and I for one do not ever want eral activist, is not the right person to tions of Raymond Fisher to the United my legacy to be that I confirmed pro- help restore some constitutionality to States Court of Appeals for the Ninth abortion judges to our Nation’s courts. this circuit. Circuit and Ronnie White to the East- This is why I will not support the So, I would urge my colleagues to ern District of Missouri. nominations of Mr. White and Mr. vote against these two judges. We have Our judicial system is supposed to Fisher. I will not support any judges sworn duty to support and defend the protect the innocent and ensure jus- who deny the undeniable connection Constitution. This is never more crit- tice, which is what it has done for the that must exist, in a free and just civ- ical than when we exercise our advise most part for over 200 years. However, ilization, between humanity and and consent role for judicial nominees. there have been glaring exceptions: the personhood. Our judges should be the Dred Scott decision, which ruled that f very embodiment of justice. How can blacks were not citizens and had no we then approve of those who will deny rights which anyone was bound to re- EXECUTIVE SESSION justice to most defenseless and inno- spect, and Roe versus Wade, which cent of us all? similarly ruled that an entire class of But, further, I would add that these EXECUTIVE CALENDAR people, the unborn, are not human nominees propose a more general con- beings and therefore are undeserving of cern in that they are liberal activists. NOMINATION OF RONNIE L. WHITE any legal protection. In the case of Justice White, who now The PRESIDING OFFICER. Under Both decisions, made by our Nation’s serves on the Supreme Court in Mis- the previous order, the hour of 2:15 hav- highest court, violated two key con- ing arrived, the Senate will now go stitutional provisions for huge seg- souri, he has demonstrated that he is an activist, and has a political slant to into executive session and proceed to ments of the population. Dred Scott, the vote on Executive Calendar Nos. which legally legitimized slavery, de- his opinions in favor of criminal de- fendants and against prosecutors. It is 172, 215 and 209 which the clerk will re- prived nearly the entire black popu- port. lation of the right to liberty, while Roe my belief that judges should interpret the law, and not impose their own po- The legislative clerk read the nomi- has taken away the right to life of 35 nation of Ronnie L. White, of Missouri, million unborn children since 1973. litical viewpoints. He is strongly opposed by the law en- to be United States District Judge for Both created rights, the right to own the Eastern District of Missouri. slaves and the right to an abortion, forcement community in Missouri, and was directly opposed by the Missouri The PRESIDING OFFICER. The Sen- that were not in the Constitution. Of ator from Utah. course, both are morally and legally Association of Police Chiefs due to his activist record. Mr. HATCH. Mr. President, I ask wrong. Sadly, only Dred has been over- unanimous consent that it be in order turned, by the 13th and 14th amend- Senator ASHCROFT spoke in more de- to ask for the yeas and nays on each ments. Congress and the courts have tail about Justice White’s activist nomination with one showing of hands. yet to reverse Roe. record. Coming from the same State, The only requirement, the only Senator ASHCROFT is in an even better The PRESIDING OFFICER. Without standard that I have for any judicial position to comment on Justice objection, it is so ordered. nominees is that they not view ‘‘jus- White’s record. But, he laid out a very Mr. HATCH. I now ask for the yeas tice’’ as the majorities did in Dred disturbing record of judicial activism and nays. Scott and Roe, and that they uphold in Justice White’s career, particularly The PRESIDING OFFICER. Is there a the standards and timeless principles on law and order matters, and I simply sufficient second? There appears to be so clearly stated in our Constitution. do not think that this is the kind of a sufficient second. Unfortunately, I do not believe that person we need on the U.S. District The yeas and nays were ordered. Mr. White and Mr. Fisher meet those Court. The PRESIDING OFFICER. The critical standards. During the com- With regard to Mr. Fisher, this is a question is, Will the Senate advise and mittee hearings, Mr. Fisher fully indi- critical slot because of the nature of consent to the nomination of Ronnie L. cated to me that he would uphold the the Ninth Circuit. This circuit has White, of Missouri, to be United States constitutional and moral travesties of gained such a bad reputation for its lib- District Judge for the Eastern District Roe and Planned Parenthood versus eral opinions that it has been referred of Missouri? On this question, the yeas Casey. Mr. White has also given an- to as a ‘‘rogue’’ circuit. It is controlled and nays have been ordered. The clerk swers which strongly suggest that he by an extreme liberal element and it is will call the roll. believes Roe was correctly decided by important that our appointments to The legislative assistant called the the Supreme Court. In addition, Mr. this circuit be people who can restore roll. White’s dubious actions as chairman of at least some level of constitutional Mr. NICKLES. I announce that the a Missouri House committee when a scrutiny. Senator from Florida (Mr. MACK) is pro-life bill was before it further proves In the case of Mr. Fisher, this clearly necessarily absent. that he would enthusiastically enforce will not be the case. He is not a judge, The PRESIDING OFFICER. Are there the pro-abortion judicial decree of Roe and therefore, there is not the kind of any other Senators in the Chamber de- versus Wade. judicial paper trail that we have with siring to vote? The Framers of our Constitution be- Justice White. However, he has a long The result was announced—yeas 45, lieved we are endowed by our Creator record of liberal political activism for nays 54, as follows: October 5, 1999 CONGRESSIONAL RECORD — SENATE S11919 (Rollcall Vote No. 307 Ex.) with the Senate and are the only As I have in the past, I will again YEAS—45 things that should ever be a factor. move to proceed to the nominations of Akaka Edwards Levin I ask unanimous consent that the re- Judge Paez and Marsha Berzon, and I Baucus Feingold Lieberman maining votes in the series be limited intend to take this action again and Bayh Feinstein Lincoln to 10 minutes each. again should unnamed Senators con- Biden Graham Mikulski Bingaman Harkin Moynihan The PRESIDING OFFICER. Without tinue to block a vote. Particularly Boxer Hollings Murray objection, it is so ordered. after today’s vote, I must say, I find it Breaux Inouye Reed Mr. DASCHLE. Mr. President, I rise simply baffling that a Senator would Bryan Johnson Reid to express how saddened I am by the Byrd Kennedy Robb vote against even voting on a judicial Cleland Kerrey Rockefeller party-line vote against Judge Ronnie nomination. Today’s actions prove that Conrad Kerry Sarbanes White today. I had sincerely hoped that we all understand that we have a con- Daschle Kohl Schumer today would mark the beginning of a stitutional outlet for antipathy against Dodd Landrieu Torricelli Dorgan Lautenberg Wellstone bipartisan attempt to clear the backlog a judicial nominee—a vote against that Durbin Leahy Wyden of federal judicial nominees and begin nominee. What the Constitution does NAYS—54 to fill the vacancies that are rampant not contemplate is for one or two Sen- throughout the federal judiciary. I was Abraham Fitzgerald McConnell ators to grind a nomination to a halt Allard Frist Murkowski mistaken. Instead, we got a party-line on the basis of a ‘‘secret’’ hold. This Ashcroft Gorton Nickles vote against a qualified minority judge cowardly, obstructionist tactic is an Bennett Gramm Roberts coupled with a continued refusal to anathema to the traditions of the Sen- Bond Grams Roth schedule votes on other qualified mi- Brownback Grassley Santorum ate. Thus, today, I implore, one more Bunning Gregg Sessions nority and women nominees. time, every Senator to follow Senator Burns Hagel Shelby Judge White is eminently qualified LEAHY’s advice, and treat every nomi- Campbell Hatch Smith (NH) to sit on the federal bench. He is a dis- Chafee Helms Smith (OR) nee ‘‘with dignity and dispatch.’’ Lift Cochran Hutchinson Snowe tinguished jurist and the first African- your holds, and let the Senate vote on Collins Hutchison Specter American to serve on the Missouri Su- every nomination. Coverdell Inhofe Stevens preme Court. Prior to his service on The business of judges is the simple Craig Jeffords Thomas Missouri’s Supreme Court, Judge White Crapo Kyl Thompson but overwhelmingly important busi- DeWine Lott Thurmond served as a State Representative to the ness of providing equal justice to the Domenici Lugar Voinovich Missouri Legislature, where he chaired poor and to the rich. Accordingly, the Enzi McCain Warner the Judiciary Committee. In his law consequences of this confirmation NOT VOTING—1 practice, which he continued during his process are awesome. It is time that we Mack service as a legislator, White handled a all take it more seriously and it is time Mr. ASHCROFT. Mr. President, I variety of civil and criminal matters that we schedule votes on every nomi- move to reconsider the vote. for mostly low income individuals. His nee on the Calendar—including Judge Mr. CRAIG. I move to lay that mo- nomination received the support of the Paez and Marsha Berzon. All we are tion on the table. St. Louis Metropolitan Police Depart- asking of our Republican colleagues is The motion to lay on the table was ment, the Saint Louis Post Dispatch, to give these nominees the vote—and agreed to. and the National Bar Association. He is hopefully the fair consideration—they Mr. LEAHY. Mr. President, I ask a fine man who has given his life to deserve. We will press this issue every unanimous consent to continue for 1 public service and he deserved better day and at every opportunity until minute. than what he got from this Senate. He they get that vote. The PRESIDING OFFICER. Without deserved better than to be kept waiting Today is a dark day for the Senate. objection, it is so ordered. 27 months for a vote, and then to be We have voted down a fully-qualified Mr. LEAHY. Mr. President, I have to used as a political pawn. nominee but I hope we can do better in say this with my colleagues present. This vote wasn’t about the death the future and that we can move for- When the full history of Senate treat- penalty. This vote wasn’t about law ward on the Paez and Berzon nomina- ment of the nomination of Justice Ron- and order. This vote was about the un- tions in a fair and non-partisan man- nie White is understood, when the fair treatment of minority judicial ner. switches and politics that drove the nominees. This vote tells minority ju- The PRESIDING OFFICER. The Republican side of the aisle are known, dicial candidates ‘‘do not apply.’’ And Clerk will report the next nomination, the people of Missouri and the people of if you do, you will wait and wait, with Calendar No. 215. the United States will have to judge no guarantee of fairness. The legislative clerk read the nomi- whether the Senate was unfair to this Judge Marsha Berzon, for instance, nation of Brian Theadore Stewart, of fine man and whether their votes has been kept waiting more than 20 Utah, to be United States District served the interests of justice and the months for a vote. Judge Richard Paez Judge for the District of Utah. Federal courts. has been waiting more than 44 months. The PRESIDING OFFICER. The I am hoping—and every Senator will These nominees deserve a vote. While I question is, Will the Senate advise and have to ask himself or herself this am totally dismayed by what happened consent to the nomination of Brian question—the United States has not re- here today with respect to Judge Theadore Stewart, of Utah, to be verted to a time in its history when White’s nomination, the Senate today United States District Judge for the there was a color test on nominations. functioned, albeit in a partisan, polit- District of Utah? On this question, the The PRESIDING OFFICER. The ma- ical manner. yeas and nays have been ordered. The jority leader. As Chief Justice Rehnquist has rec- clerk will call the roll. Mr. LOTT. Mr. President, I use leader ognized: ‘‘The Senate is surely under The legislative clerk called the roll. time for 1 minute in response. no obligation to confirm any particular Mr. NICKLES. I announce that the With regard to nominations, judicial nominee, but after the necessary time Senator from Florida (Mr. MACK) is or otherwise, I am sure the Senate for inquiry it should vote him up or necessarily absent. would never use any basis for a vote vote him down.’’ An up-or-down vote, Mr. REID. I announce that the Sen- other than the qualifications and the that is all we ask for Berzon and Paez. ator from Montana (Mr. BAUCUS) is record of the nominee. And just so the And, after years of waiting, they de- necessarily absent. record will be complete, as a matter of serve at least that much. The Repub- The result was announced—yeas 93, fact, of the 19 nominees who have been lican majority should not be allowed to nays 5, as follows: confirmed this year, 4 of them have cherry-pick among nominees, allowing been women, 1 of them African Amer- some to be confirmed in weeks, while [Rollcall Vote No. 308 Ex.] ican, and 3 of them have been Hispanic. letting other nominations languish for YEAS—93 Their records and the kind of judges years. Accordingly, I vow today, that Abraham Ashcroft Biden Akaka Bayh Bingaman these men and women would make are we Democrats just will not allow Paez Allard Bennett Bond the only things that have been a factor and Berzon to be forgotten. S11920 CONGRESSIONAL RECORD — SENATE October 5, 1999 Breaux Gramm McConnell Gramm Inhofe Sessions JUDICIAL NOMINATIONS Brownback Grams Moynihan Grams Lott Shelby Bryan Grassley Murkowski Gregg McConnell Smith (NH) Mr. NICKLES. Mr. President, before Bunning Gregg Murray Hagel Murkowski Thomas we return to the consideration of the Burns Hagel Nickles Helms Nickles Thompson FAA reauthorization bill, I would like Byrd Harkin Reed Hutchinson Roberts Warner Campbell Hatch Reid Hutchison Santorum to make a couple of comments. Ray- Chafee Helms Robb mond Fisher, just confirmed to the NOT VOTING—2 Cleland Hollings Roberts Ninth Circuit, is the 323rd judge who Cochran Hutchinson Rockefeller Baucus Mack Collins Hutchison Roth has been confirmed since President Conrad Inhofe Santorum The nomination was confirmed. Clinton has been in office. 195 of those Coverdell Inouye Sarbanes Mr. LEAHY. Mr. President, I want to judges have been confirmed since Re- Craig Jeffords Schumer congratulate Ray Fisher on his Senate publicans took control of the Senate in Crapo Kennedy Sessions confirmation. I will miss Ray and Daschle Kerrey Shelby 1995. DeWine Kerry Smith (NH) Nancy here in Washington, but know Judge Ronnie White is the first nomi- Dodd Kohl Smith (OR) that the Ninth Circuit will greatly ben- nee, I believe, to be rejected on the Domenici Kyl Snowe efit from his service there. floor since Republicans took control of Dorgan Landrieu Specter Durbin Lautenberg Stevens Finally, I congratulate Ted Stewart the Senate. One of our colleagues said Edwards Leahy Thomas on his confirmation and Senators that he hoped that we are not return- Enzi Levin Thompson HATCH and BENNETT, who have worked ing to a ‘‘color test.’’ That is what was Feinstein Lieberman Thurmond hard to get him confirmed expedi- Fitzgerald Lincoln Torricelli said. I am offended by that statement. Frist Lott Voinovich tiously. I trust that Mr. Stewart will Many people on our side of the aisle Gorton Lugar Warner honor the commitments that he made didn’t know what race Judge White is. Graham McCain Wyden to the Judiciary Committee to avoid We did know that 77 of Missouri’s 114 NAYS—5 even the appearance of impropriety on sheriffs were opposed to his nomina- Boxer Johnson Wellstone matters on which he has worked while tion. We did find out that two State Feingold Mikulski in State government. prosecutors’ offices raised their objec- NOT VOTING—2 I said on the Senate floor last night tions. We did know there was a letter that this body’s recent treatment of Baucus Mack from the National Sheriffs Association women and minority judicial nominees opposing his nomination. The nomination was confirmed. is a badge of shame. I feel that we I believe that we have been very con- NOMINATION OF RAYMOND C. FISHER added to that shame with today’s vote sistent, at least on this side of the The PRESIDING OFFICER (Mr. of Justice Ronnie White. aisle. We do not want to confirm a CRAPO). The clerk will report the next In their report entitled ‘‘Justice Held nominee where you have major law en- nomination. Hostage,’’ the bipartisan Task Force on forcement organizations and leading The legislative assistant read the Federal Judicial Selection from Citi- officials saying they are opposed to the nomination of Raymond C. Fisher, of zens for Independent Courts, co-chaired nomination, regardless of what race he California, to be United States Circuit by Mickey Edwards and Lloyd Cutler, or she is. I do not believe the Senate Judge for the Ninth Circuit. substantiated through their inde- has ever confirmed anyone when na- The PRESIDING OFFICER. The pendent analysis what I have been say- tional law enforcement organizations question is, Will the Senate advise and ing for some time: Women and minor- or officials have stated that the nomi- consent to the nomination of Raymond ity judicial nominations are treated nee has a poor or weak background in C. Fisher, of California, to be United differently by this Senate and take law enforcement. To my knowledge, I States Circuit Judge for the Ninth Cir- longer, are less likely to be voted on have never voted to confirm any such cuit. The yeas and nays have been or- and less likely to be confirmed. nominee, nor have many other mem- dered. The clerk will call the roll. Judge Richard Paez has been stalled bers. The legislative clerk called the roll. for 44 months, and the nomination of I want to make it absolutely clear Mr. NICKLES. I announce that the Marsha Berzon has been pending for 20 and understood that members voted no Senator from Florida (Mr. MACK) is months. Other nominees are confirmed on Judge White’s nomination because necessarily absent. in 2 months. of the statements made by law enforce- Mr. REID. I announce that the Sen- Anonymous Republican Senators ment officers, in addition to the re- ator from Montana (Mr. BAUCUS) is continue their secret holds on the Paez spect that we have for the two Sen- necessarily absent. and Berzon nominations. The Repub- ators from the nominee’s state who The result was announced—yeas 69, lican majority refuses to vote on those recommended a no vote. We respect nays 29, as follows: nominations. In fairness, after almost 2 their recommendation to us. So I make [Rollcall Vote No. 309 Ex.] years and almost 4 years, Marsha mention of that. Berzon and Judge Richard Paez are en- YEAS—69 I am bothered that somebody said I titled to a Senate vote on their nomi- hope we are not returning to a ‘‘color Abraham Edwards Lieberman nations. Vote them up or vote them Akaka Feingold Lincoln test.’’ That statement was uncalled for Ashcroft Feinstein Lugar down, but vote. That is what I have and, I think, not becoming of the Sen- Bayh Fitzgerald McCain been saying, that is what the Chief ate. I want to make sure that point is Bennett Frist Mikulski Justice challenged the Republican Sen- made. Biden Gorton Moynihan Bingaman Graham Murray ate to do back in January 1998. Mr. SCHUMER. Mr. President, will Bond Grassley Reed I can assure you that there is no the Senator from Oklahoma yield? Boxer Harkin Reid Democratic Senator with a hold on Mr. NICKLES. I would be happy to Breaux Hatch Robb Judge Paez or Marsha Berzon. I can as- yield. Bryan Hollings Rockefeller Byrd Inouye Roth sure you that every Democratic Sen- Mr. SCHUMER. I thank the Senator. Chafee Jeffords Sarbanes ator is willing to go forward with votes I just want to say a few words not in Cleland Johnson Schumer on Judge Paez and Marsha Berzon now, response but maybe in contraposition Cochran Kennedy Smith (OR) Collins Kerrey Snowe without delay. to what the Senator said. Conrad Kerry Specter Last Friday, Senator LOTT com- Mr. NICKLES. I will be happy to Daschle Kohl Stevens mitted to trying to ‘‘find a way’’ to yield for a question. DeWine Kyl Thurmond have these nominations considered by Mr. SCHUMER. I thank the Senator. Dodd Landrieu Torricelli I appreciate that. I will ask my ques- Domenici Lautenberg Voinovich the Senate. I want to help him do that. Dorgan Leahy Wellstone f tion. Durbin Levin Wyden It seems to me that whatever the in- LEGISLATIVE SESSION NAYS—29 tentions—I am not impugning any in- The PRESIDING OFFICER. Under tentions of any person who voted the Allard Burns Craig Brownback Campbell Crapo the previous order, the Senate will now other way, but it seems to me that the Bunning Coverdell Enzi return to legislative session. recent vote on the floor of the Senate October 5, 1999 CONGRESSIONAL RECORD — SENATE S11921 is going to create division and animus Mr. SCHUMER. I thank the Senators Association or by a State Federation of in this country of ours. from Arizona, Oklahoma, and Con- Police Chiefs. I don’t think we have Mr. NICKLES. Mr. President, regular necticut for their courtesy, and the done that in my Senate career. order. I will answer a question. If the President as well. Does the Senator know of any in- Senator wants to make a speech, he I would like to make some remarks stance where we have ignored the rec- can make the speech on his own time. in contraposition to the Senator from ommendations of major law enforce- Mr. SCHUMER. I will yield back my Oklahoma. I say that without casting ment officers? time to the Senator, retract my ques- any impugning of any motivations as The PRESIDING OFFICER. The Sen- tion, and ask unanimous consent that I to why people voted. ator’s 3 minutes have expired. might speak for 3 minutes. It seems to me that this being, as I Mr. SCHUMER. I ask unanimous con- The PRESIDING OFFICER. Is there understand it, the first time we have sent for 30 seconds to respond to the objection? this year rejected a Senate candidate Senator’s question. The Senator from Oklahoma. on the floor—and I understand that The PRESIDING OFFICER. Without Mr. NICKLES. I didn’t know my col- there were recommendations from the objection, it is so ordered. league wanted to engage in this. I was home State—I still find myself very Mr. SCHUMER. I thank the Senator. not clear that the Senator wanted to troubled by that rejection. I find my- I don’t know of cases. But I would want make a speech. self troubled because we do need diver- to have examined the record about I want to say absolutely and posi- sity on our bench. We need to, in my those questions and the questions I tively that there is no ‘‘color test.’’ No judgment, try to have more African asked before we moved so hastily to re- one raised that suggestion, that I am Americans on the bench. ject this nominee. It so happened that aware of, during the Clarence Thomas There is not an African American there were votes on the other side in confirmation. I want to clarify again. I Member of this body. I find that regret- committee for this nominee that had several colleagues say they did not ful. The first impression I had the first abruptly reversed themselves without know what race Mr. White is. I think it day I walked on the floor was that. And any explanation as to why. is very much uncalled for and incorrect I guess what I would like to do is just I yield my time. for anybody to make that kind of im- call into question why this nomination The PRESIDING OFFICER. The Sen- plication. was rejected. I would ask that we ex- ator’s time has expired. I yield the floor. amine. I know one of the reasons was f Mr. SCHUMER. Will the Senator the opposition of this nominee to the AIR TRANSPORTATION yield for a question? death penalty. I happen to be for the IMPROVEMENT ACT—Resumed The PRESIDING OFFICER. The death penalty. I wrote the death pen- Chair advises that the pending business alty law when I was in the House. But The PRESIDING OFFICER. Under before the Senate is the vote on the I would like to ask how many other the regular order, we are now in legis- Robb amendment. Unless there is nominees we have rejected because of lative business. unanimous consent to move beyond opposition to the death penalty. The Senator from Connecticut. that vote, debate is not in order. I am told that one of the Senators AMENDMENT NO. 2241 Mr. SCHUMER. Mr. President, I ask who objected from Missouri actually (Purpose: To require the submission of infor- unanimous consent to address the Sen- nominated judges on that State court mation to the Federal Aviation Adminis- ate for 3 minutes. who agreed with Ronnie White on the tration regarding the year 2000 technology The PRESIDING OFFICER. The Sen- very case that has been brought into problem, and for other purposes) ator from Arizona is recognized. question. Mr. DODD. Mr. President, I call up Mr. MCCAIN. Mr. President, I respect So if we are not to be accused of amendment No. 2241. the right of my friend from New York. maybe having two standards, I think The PRESIDING OFFICER. The In behalf of the Senator from Con- we ought to be very careful. clerk will report. necticut, who is waiting, we have pend- I respect each Senator’s right to op- The legislative clerk read as follows: ing business we are trying to finish pose nominations for judge. I respect The Senator from Connecticut (Mr. DODD), today. I ask unanimous consent that the idea that we often defer to our col- for himself, Mr. BENNETT, Mr. MCCAIN, Mr. the Senator from New York be allowed leagues in their home States. But I ROCKEFELLER, and Mr. HOLLINGS, proposes an amendment numbered 2241. to speak for 3 minutes. Hopefully, we think there is a higher calling here. can move on. That is, because this was one of the few Mr. DODD. Mr. President, I ask unan- The PRESIDING OFFICER. Is there African American nominees to reach imous consent that reading of the objection? this floor, we ought to be extra careful amendment be dispensed with. Without objection, it is so ordered. to make sure the standard was not The PRESIDING OFFICER. Without Mr. SCHUMER. I very much appre- being used that we haven’t used for objection, it is so ordered. ciate the courtesy. some other nominees who have come The amendment is as follows: The PRESIDING OFFICER. Will the before this body this year. At the appropriate place, insert the fol- Senator withhold? I disagree with that nominee on the lowing: ll Without objection, the vote on the issue at hand. But I still think that we SEC. . FEDERAL AVIATION ADMINISTRATION YEAR 2000 TECHNOLOGY SAFETY EN- Robb amendment is laid aside. should have extra sensitivity, given the FORCEMENT ACT OF 1999. Mr. MCCAIN. Mr. President, could I long history of division in this country (a) SHORT TITLE.—This section be cited as ask for recognition. and the need to try to bring some the ‘‘Federal Aviation Administration Year The PRESIDING OFFICER. The Sen- equality onto our bench in the sense 2000 Technology Safety Enforcement Act of ator from Arizona may clarify his that we have a diverse and representa- 1999’’. unanimous consent. tive judiciary. (b) DEFINITIONS.—In this section: (1) ADMINISTRATOR.—The term ‘‘Adminis- Mr. MCCAIN. Mr. President, prior to I hope my colleagues will examine the Senator from New York being rec- trator’’ means the Administrator of the Fed- those questions. I do not know the an- eral Aviation Administration. ognized, I ask unanimous consent the swers to them. But my guess is, we (2) AIR CARRIER OPERATING CERTIFICATE.— vote on or in relation to the Robb have unanimously approved or ap- The term ‘‘air carrier operating certificate’’ amendment be postponed, to occur in proved overwhelmingly judges who has the same meaning as in section 44705 of the next stacked sequence of votes, have the same view as Judge Ronnie title 49, United States Code. and, prior to the vote, Senators ROBB, White on this very controversial issue. (3) YEAR 2000 TECHNOLOGY PROBLEM.—The WARNER, BRYAN, and MCCAIN be given 5 Mr. NICKLES. Mr. President, will the term ‘‘year 2000 technology problem’’ means minutes each for closing remarks and Senator yield for a question? a failure by any device or system (including that the amendment now be laid aside. Mr. SCHUMER. I would be happy to any computer system and any microchip or integrated circuit embedded in another de- The PRESIDING OFFICER. Without yield for a question. vice or product), or any software, firmware, objection, it is so ordered. Mr. NICKLES. To my knowledge, we or other set or collection of processing in- The Senator from New York is recog- have never confirmed a nominee who structions to process, to calculate, to com- nized for 3 minutes. was opposed by the National Sheriffs pare, to sequence, to display, to store, to S11922 CONGRESSIONAL RECORD — SENATE October 5, 1999 transmit, or to receive year-2000 date-related (A) to deal with or account for transitions I suppose that you and others would data failures— or comparisons from, into, and between the assume that members of the safety- (A) to deal with or account for transitions years 1999 and 2000 accurately; conscious aviation community would or comparisons from, into, and between the (B) to recognize or accurately process any be eager to reassure the public by re- years 1999 and 2000 accurately; specific date in 1999, 2000, or 2001; or (B) to recognize or accurately process any (C) to accurately account for the year sponding to the FAA’s request for in- specific date in 1999, 2000, or 2001; or 2000’s status as a leap year, including rec- formation about their Y2K status. Mr. (C) to accurately account for the year ognition and processing of the correct date President, if you made that assump- 2000’s status as a leap year, including rec- on February 29, 2000. tion, unfortunately, you would be ognition and processing of the correct date (c) RESPONSE TO REQUEST FOR INFORMA- wrong. on February 29, 2000. TION.—Any person who has an air carrier op- At the committee’s hearing last week (c) RESPONSE TO REQUEST FOR INFORMA- erating certificate shall respond on or before on transportation and the Y2K issue, TION.—Any person who has an air carrier op- November 1, 1999, to any request for informa- erating certificate shall respond on or before tion from the Administrator regarding readi- we learned that 1,900 of the 3,300 cer- November 1, 1999, to any request for informa- ness of that person with regard to the year tificate holders, which includes air car- tion from the Administrator regarding readi- 2000 technology problem as it relates to the riers and manufacturers, failed to re- ness of that person with regard to the year compliance of that person with applicable spond to the FAA’s request. Bear in 2000 technology problem as it relates to the safety regulations. mind that this survey is only 4 pages compliance of that person with applicable (d) FAILURE TO RESPOND.— long, and the FAA estimates it would safety regulations. (1) SURRENDER OF CERTIFICATE.—After No- take 45 minutes to fill it out at an av- (d) FAILURE TO RESPOND.— vember 1, 1999, the Administrator shall make (1) SURRENDER OF CERTIFICATE.—After No- a decision on the record whether to compel erage cost of $30. There is no excuse, in vember 1, 1999, the Administrator shall make any air carrier that has not responded on or my view, for this high rate of non- a decision on the record whether to compel before November 1, 1999, to a request for in- responsiveness to the FAA’s survey in- any air carrier that has not responded on or formation regarding the readiness of that air quiry of certificate holders. before November 1, 1999, to a request for in- carrier with regard to the year 2000 tech- The FAA did not conduct this survey formation regarding the readiness of that air nology problem as it relates to the air car- carrier with regard to the year 2000 tech- as a mere exercise. Reviewing a Y2K rier’s compliance with applicable safety reg- survey is often the only way the public nology problem as it relates to the air car- ulations to surrender its operating certifi- rier’s compliance with applicable safety reg- cate to the Administrator. can be sure an industry can keep func- ulations to surrender its operating certifi- (2) REINSTATEMENT OF CERTIFICATE.—The tioning safely into the new year. When cate to the Administrator. Administrator may return an air carrier op- such a high percentage of the aviation (2) REINSTATEMENT OF CERTIFICATE.—The erating certificate that has been surrendered industry fails to respond, the public Administrator may return an air carrier op- under this subsection upon— might as well be flying blind. erating certificate that has been surrendered (A) a finding by the Administrator that a under this subsection upon— These nonrespondents are mostly person whose certificate has been surren- smaller carriers and charter airlines— (A) a finding by the Administrator that a dered has provided sufficient information to person whose certificate has been surren- demonstrate compliance with applicable not major airlines, I would quickly dered has provided sufficient information to safety regulations as it relates to the year point out. But all of us have constitu- demonstrate compliance with applicable 2000 technology problem; or ents who fly on these small carriers safety regulations as it relates to the year (B) upon receipt of a certification, signed and rely on their cargo services. Their 2000 technology problem; or under penalty or perjury, by the chief oper- failure to respond to the request of (B) upon receipt of a certification, signed ating officer of the air carrier, that such air their regulator is, I think, unaccept- under penalty or perjury, by the chief oper- carrier has addressed the year 2000 tech- ating officer of the air carrier, that such air able, and I am sure my colleagues do as nology problem so that the air carrier will be well. carrier has addressed the year 2000 tech- in full compliance with applicable safety reg- nology problem so that the air carrier will be ulations on and after January 1, 2000. The FAA has given me an updated in full compliance with applicable safety reg- list of the members of the aviation in- Mr. DODD. Mr. President, I offer this ulations on and after January 1, 2000. dustry who have not responded to this amendment on behalf of myself, Sen- AMENDMENT NO. 2241, AS MODIFIED survey. I made the request, along with ator BENNETT, Senator MCCAIN, Sen- Mr. DODD. Mr. President, I ask unan- the chairman, last Thursday, to give ator ROCKEFELLER, and Senator HOL- imous consent that a modified version time to the members of their rep- of that amendment be permitted. I LINGS. I urge my colleagues to support this resentative organizations who were in send the modification to the desk. the room until today to comply with The PRESIDING OFFICER. Without proposal that would ground air carriers that do not respond to the Federal that survey. Of the 1,900 who had failed objection, it is so ordered. to comply last week, roughly 600 have The amendment is so modified. Aviation Administration’s request for information about their Y2K status. responded to the survey since last The amendment (No. 2241), as modi- Thursday. The list now contains 1,368 fied, is as follows: This information is obviously critical not only to Americans who are now carriers and operators who have not At the appropriate place, insert the fol- complied with the FAA’s survey re- lowing: making travel plans for the millen- quest on the Y2K issue. I told the peo- SEC. ll. FEDERAL AVIATION ADMINISTRATION nium period, but to all American busi- YEAR 2000 TECHNOLOGY SAFETY EN- nesses that rely on safe air transpor- ple in that hearing that, today, I would FORCEMENT ACT OF 1999. tation to keep their doors open, to pay submit the names of the air carriers, (a) SHORT TITLE.—This section be cited as manufacturers, or others with FAA the ‘‘Federal Aviation Administration Year employees, and to contribute to the na- tional economy. certificates who have not responded to 2000 Technology Safety Enforcement Act of the survey to the Senate and put them 1999’’. Through our work on the Special (b) DEFINITIONS.—In this section: Committee on the Year 2000 Tech- in the CONGRESSIONAL RECORD. (1) ADMINISTRATOR.—The term ‘‘Adminis- nology Problem, Senator BENNETT and Today, I ask unanimous consent that trator’’ means the Administrator of the Fed- I have learned how hard it is for Ameri- a list of 1,368 carriers and operators eral Aviation Administration. cans to determine what precautions who have not complied with these sur- (2) AIR CARRIER OPERATING CERTIFICATE.— they should take to prepare for the veys be printed in the RECORD. It lists The term ‘‘air carrier operating certificate’’ the States they are from and the has the same meaning as in section 44705 of year 2000. This task has been made un- title 49, United States Code. duly onerous by the failure of too names of the businesses that have not (3) YEAR 2000 TECHNOLOGY PROBLEM.—The many industries, including the avia- complied. I hope that, in the coming term ‘‘year 2000 technology problem’’ means tion industry, to disclose information days, these businesses will comply and a failure by any device or system (including about their Y2K status. provide the information to the FAA as any computer system and any microchip or The Y2K problem is a national chal- requested. integrated circuit embedded in another de- lenge that requires all of us to do what- Mr. President, I ask unanimous con- vice or product), or any software, firmware, ever it takes to make the transition sent that this list at a cost of $3,122.00, or other set or collection of processing in- be printed in the RECORD. structions to process, to calculate, to com- between this century and the next one pare, to sequence, to display, to store, to safe. The least any of us can do is to re- There being no objection, the mate- transmit, or to receive year-2000 date-related spond to surveys asking about the sta- rial was ordered to be printed in the data failures— tus of our Y2K preparations. RECORD, as follows: October 5, 1999 CONGRESSIONAL RECORD — SENATE S11923 FAA FLIGHT STANDARDS SERVICE—YEAR 2000 FAA FLIGHT STANDARDS SERVICE—YEAR 2000 READI- FAA FLIGHT STANDARDS SERVICE—YEAR 2000 READI- READINESS QUESTIONNAIRE NON-RESPONDENTS LIST NESS QUESTIONNAIRE NON-RESPONDENTS LIST—Con- NESS QUESTIONNAIRE NON-RESPONDENTS LIST—Con- [As of October 4, 1999] tinued tinued [As of October 4, 1999] [As of October 4, 1999] State and company name Designator Aggregate State and company name Designator Aggregate State and company name Designator Aggregate ALASKA: AIR LOGISTICS OF ALASKA EOPA 135 On-Demand INC. KENNICOTT WILDERNESS AIR D9TC 135 On-Demand HENDERSON BLACK AND H9GA 135 On-Demand DENALI WEST LODGE INC ..... D01C 135 On-Demand INC. GREENE. EVERTS AIR FUEL ...... EVAB 125 Air Operator KING AIR INC ...... KQAC 135 On-Demand HOLMAN FUNERAL HOME INC ETUA 135 On-Demand GIBSON, ROBERT A ...... G6BC 135 On-Demand KING SALMON GUIDES INC ... K3NC 135 On-Demand MEDJET INTERNATIONAL INC MDGA 135 On-Demand LOCKHEED MARTIN SERV- L5SC 135 Commuters LAKE CLARK AIR INC ...... HXXC 135 On-Demand MONTGOMERY AVIATION EA4A 135 On-Demand ICES INC. LANG, MARK E ...... L7CC 135 On-Demand CORPORATION. MILLER, DENNIS C ...... FXCA 135 On-Demand LAST FRONTIER AIR VEN- L49C 135 On-Demand OAK MOUNTAIN HELI- EETA 135 On-Demand MORRIS, JACK ...... JR7C 135 On-Demand TURES LTD. COPTERS INC. NEEDHAM, DARRELL R ...... N8PC 135 On-Demand LECHNER, BURDETTE J ...... BJLC 135 On-Demand SEASANDS AIR ...... N9RA 135 On-Demand PARKERSON, STAN ...... PJSC 135 On-Demand LEE, ANTHONY ...... W71C 135 On-Demand WILLIAMS, WOODROW ...... EUPA 135 On-Demand SWISHER, RICHARD C ...... QOFC 135 On-Demand LEE, DAVID J ...... EPOC 135 On-Demand ARKANSAS: WARBELOWS AIR VENTURES WVBA 135 Commuters LOUGHRAN, CRAIG S ...... XL8C 135 On-Demand GULFSTREAM INTERNATIONAL ITJA 135 On-Demand INC. MACAIR INC ...... M41C 135 On-Demand AIRLINES TRAINING ACAD- ZACZKOWSKI, PAUL STEPHEN KY9C 135 On-Demand MARK MADURA INC ...... UMZA 135 On-Demand EMY. A C E FLYERS INC ...... JKWC 135 On-Demand MEEKIN MICHAEL ...... EQKC 135 On-Demand STEWART AVIATION SERV- HCPA 135 On-Demand ADAMS, BRAD ...... OUKC 135 On-Demand MERCHANT, CLIFFORD ROB- UVMC 135 On-Demand ICES INC. ADAMS, ROBERT L ...... U7GC 135 On-Demand ERT. YOUNKIN AIR SERVICE INC .. YOUA 135 On-Demand AIRBORNE SCIENTIFIC INC ... AS6C 135 On-Demand MIKE CUSACK’S KING SALM- KLOC 135 On-Demand ARIZONA: AKERS, MERLE W ...... WL6C 135 On-Demand ON LODGE INC. SPORTS JET LLC ...... J01B 135 On-Demand ALASKA NORTH COUNTRY E3KC 135 On-Demand MILLER, MARK ...... EMVC 135 On-Demand AERO JET SERVICES LLC ...... J7EA 135 On-Demand ENTERPRISES INC. MINTA INC ...... W9RA 135 On-Demand AEX AIR ...... A3XA 135 On-Demand ALASKA SKYWAYS INC ...... METC 135 On-Demand MORONEY, BRUCE J ...... T43C 135 On-Demand AIR EVAC SERVICES INC ...... VE7A 135 On-Demand ALASKAN BUSH SAFARI INC BT6C 135 On-Demand MURPHY, GEORGE W ...... XGMC 135 On-Demand AIR SAFARI INC ...... G9RA 135 On-Demand ALASKAS FISHING UNLIMITED F9UC 135 On-Demand N A C NETWORK INC ...... NN9A 135 On-Demand AIR WEST INC ...... W9WA 135 On-Demand INC. NEITZ AVIATION INC ...... NZYC 135 On-Demand AIRWEST HELICOPTERS LLC XW9A 135 On-Demand ALDRIDGE, RON ...... UDCC 135 On-Demand NEWHALEN LODGE INC ...... NL6C 135 On-Demand ARIZONA HELISERVICES INC A6ZA 135 On-Demand ALEUTIAN SPECIALTY AVIA- VZDA 135 On-Demand NICHOLSON, LARRY D ...... NL8C 135 On-Demand BRICE AVIATION SERVICE .... B8JA 135 On-Demand TION INC. NO SEE UM LODGE INC ...... N6SC 135 On-Demand CANYON STATE AIR SERVICE NYOA 135 On-Demand ALLIGOOD, ALLEN K ...... K7AC 135 On-Demand O’HARE AVIATION INC ...... XZPC 135 On-Demand INC. ALLWEST FREIGHT INC ...... W1FC 135 On-Demand ONEY, ANTHONY KING ...... ONYC 135 On-Demand CUTTER AVIATION INC ...... EKGA 135 On-Demand ALPINE AIR INC ...... YDAC 135 On-Demand ORTMAN, JOHN D ...... W4RC 135 On-Demand DELTA LEASING INC ...... QUHA 135 On-Demand ALYESKA AIR SERVICE INC .. X4SC 135 On-Demand OSOLNIK, MICHAEL J ...... BWAC 135 On-Demand DIAMOND AIR AIRLINES INC QIDA 135 On-Demand ANDREW AIRWAYS INC ...... D4NA 135 On-Demand OSPREY AIR II INC ...... O43C 135 On-Demand DIAMONDBACK AVIATION D6BA 135 On-Demand ARCHERY OUTFITTERS INC ... VYOC 135 On-Demand OSPREY AIR INC ...... O3SC 135 On-Demand SERVICES INC. ATKINS, JAMES A ...... J03C 135 On-Demand PACIFIC JET INC ...... JDMA 135 On-Demand EXECUTIVE AIRCRAFT SERV- EV6A 135 On-Demand BAL INC ...... W3LC 135 On-Demand PARMENTER, DAVID M ...... UWPC 135 On-Demand ICES INC. BARBER, JACK B ...... JKGC 135 On-Demand PETERSON, JOHN A ...... B00C 135 On-Demand EXPRESS AIR INC ...... E7RA 135 On-Demand BERRYMAN, JON M ...... EPQC 135 On-Demand POLAR EXPRESS AIRWAYS D2OC 135 On-Demand G MICHAEL LEWIN CORP ...... GMYA 135 On-Demand BETHE, KENNETH E ...... EQYC 135 On-Demand INC. H Y AVIATION INC ...... H9YA 135 On-Demand BICKMAN, JIM ...... B35C 135 On-Demand POLLACK AND SONS FLYING P1JC 135 On-Demand HELICOPTERS INC ...... H1NA 135 On-Demand BISHOP, GARY LEE ...... BMKC 135 On-Demand SERVICE INC. INTERSTATE EQUIPMENT I5EA 135 On-Demand BRENT, CARL E ...... B21C 135 On-Demand POLLUX AVIATION LTD ...... UPXC 135 On-Demand LEASING INC. BRISTOL BAY AIR SERVICE B9BC 135 On-Demand POPE, TIM W ...... N3NC 135 On-Demand JET ARIZONA INC ...... J7ZA 135 On-Demand INC. PRALLE, JEFF ...... H1GC 135 On-Demand KING AVIATION INC ...... OQHA 135 On-Demand BRISTOL BAY LODGE INC ..... B4YC 135 On-Demand PRECISION AVIATION INC ..... P8IC 135 On-Demand LEADING EDGE AVIATION INC ULDA 135 On-Demand BROWN BEAR AIR INC ...... B64C 135 On-Demand PRISM HELICOPTERS INC ..... EOOA 135 On-Demand MARSH AVIATION COMPANY ILIA 135 On-Demand BURWELL, JEFFERY S ...... P3BC 135 On-Demand PVT INC ...... JTBC 135 On-Demand INC. C AND L INC ...... ENEA 135 On-Demand RAINBOW KING LODGE INC .. RK0C 135 On-Demand MED-TRANS CORPORATION .. M3XA 135 On-Demand CHAPLIN, L JAMES ...... LJOC 135 On-Demand REDEMPTION INC ...... RI9A 135 Commuters MORTGAGE BANC CON- M6QA 135 On-Demand CLARK, HENRY C ...... KO9C 135 On-Demand SCENIC MOUNTAIN AIR INC LVKA 135 On-Demand STRUCTION CO. CLARK, JOHN W...... A40C 135 On-Demand SCHUSTER, JOE S ...... J4HC 135 On-Demand NATIVE AMERICAN AIR AM- S4WA 135 On-Demand BULANCE INC. CLEARWATER AIR INC ...... LAMA 135 On-Demand SCHWAB, MAX ...... XWQC 135 On-Demand RELIANT AVIATION LLC ...... K7BA 135 On-Demand COYOTE AIR LLC ...... CY6C 135 On-Demand SECURITY AVIATION INC ...... LATA 135 On-Demand SCOTTSDALE FLYERS LLC .... SD9A 135 On-Demand CUB DRIVER INC ...... VUDC 135 On-Demand SHUMAN, CECIL R ...... UKHC 135 On-Demand SOUTHWEST AIRCRAFT B2LA 135 On-Demand CUSACK, ROBERT A ...... R67C 135 On-Demand SKY QUEST VENTURES INC .. SQ9A 135 On-Demand CHARTER LC. DARDEN, DONALD E ...... EQRC 135 On-Demand SLUICE BOX INC ...... ENGC 135 On-Demand SUN WEST AVIATION INC ...... VH3A 135 On-Demand DAVIS, JEREMY S ...... DU5C 135 On-Demand SMOKEY BAY AIR INC ...... X53A 135 On-Demand SUN WESTERN FLYERS INC .. EKIA 135 On-Demand DENALI AIR INC ...... DLIA 135 On-Demand SOUSA, GERALD L ...... TOKC 135 On-Demand SUPERSTITION AIR SERVICE EIYA 135 On-Demand DITTLINGER, BRET ...... K9SC 135 On-Demand SOUTH BAY LTD ...... YB9A 135 On-Demand INC. EATON, GLEN ...... ENOC 135 On-Demand STARFLITE INC ...... EQSC 135 On-Demand T AND G AVIATION INC ...... RJFA 135 On-Demand EGGE, LORI L ...... IUKA 135 On-Demand STEARNS AIR ALASKA INC .... UGJC 135 On-Demand THE CONSTELLATION GROUP TOCM 135 On-Demand EHRHART, JAMES E ...... EH0C 135 On-Demand STRONG, EDWARD D ...... E03C 135 On-Demand THE GLOBAL GROUP ...... T6MA 135 On-Demand ELLIS, WILLIAM COLE ...... WEOC 135 On-Demand SWISS, JOHN S ...... EMLC 135 On-Demand TOM CHAUNCEY CHARTER EJTA 135 On-Demand EMERY, CRAIG A ...... VDQC 135 On-Demand TRAIL RIDGE AIR INC ...... YGOC 135 On-Demand COMPANY. EVERGREEN HELICOPTERS EHAA 135 On-Demand TRANS ALASKA HELICOPTERS ELOA 135 On-Demand UROPP, DANIEL P ...... D0KA 135 On-Demand OF ALASKA INC. INC. WESTCOR AVIATION INC ...... EKLA 135 On-Demand EXOUSIA INC ...... M9UC 135 On-Demand TUCKER AVIATION INC ...... TKAC 135 On-Demand WESTWIND AVIATION INC ..... WIWA 135 On-Demand F S AIR SERVICE INC ...... STZA 135 Commuters ULMER INC ...... INXA 135 On-Demand AIR STAR HELICOPTERS INC QKLA 135 On-Demand FILKILL, DAVID B ...... YEOC 135 On-Demand UYAK AIR SERVICE INC ...... EPIA 135 On-Demand BLUMENTHAL, JAMES R ...... SKAB 125 Air Operator FRESH WATER ADVENTURES BPMC 135 On-Demand VANDERPOOL, JOSEPH J ...... VJWC 135 On-Demand GRAND CANYON AIRLINES GCNA 121 Domestic/Flag INC. VANDERPOOL, ROBERT W SR V5PC 135 On-Demand INC. GALAXY AIR CARGO INC ...... GX7C 135 On-Demand VERN HUMBLE ALASKA AIR HVKC 135 On-Demand WINDROCK AVIATION LLC ..... WR7A 135 On-Demand GLASER, DONALD E ...... GQDC 135 On-Demand ADVENTURE INC. SIERRA PACIFIC AIRLINES SPAA 121 Domestic/Flag GLENN, DAVID HAMILTON ..... G7HC 135 Commuters VILLAGE AVIATION INC ...... HYQA 135 Commuters INC. GRANT AVIATION INC ...... ENHA 135 Commuters VREM, TRACY J ...... V3JC 135 On-Demand SUN PACIFIC INTERNATIONAL S1NA 121 Domestic/Flag GREEN, GARY D ...... MGWC 135 On-Demand WARREN, MARK J ...... W03C 135 On-Demand INC. GRETZKE, ROBERT C ...... WN6C 135 On-Demand WEBSTER, JAMES M ...... WF8C 135 On-Demand CALIFORNIA: HAGELAND AVIATION SERV- EPUA 135 Commuters WIEDERKEHR AIR INC ...... EMKC 135 On-Demand ALASKA CENTRAL EXPRESS YADA 135 On-Demand ICES INC. WIRSCHEM, CHARLES ...... WVUA 135 On-Demand INC. HALL, WILLIAM ELLIS ...... WXYA 135 On-Demand WOODIN, WILLIAM HAROLD .. SKOC 135 On-Demand VICTORIA FOREST AND VF9M 125 Air Operator HANGER ONE AIR INC ...... H1YC 135 On-Demand YUKON HELICOPTERS INC .... YUKC 135 On-Demand SCOUT LLC. HARRISS, BAYLIS EARLE ...... HOBC 135 On-Demand YUTE AIR ALASKA INC ...... YAAA 135 On-Demand AIR AURORA INC ...... CFHA 135 On-Demand HATELY, WILLIAM ...... E2KC 135 On-Demand YUTE AIR TAXI INC ...... YUEC 135 On-Demand THUNDER SPRING-WAREHAM T7HA 135 On-Demand HICKS, DAVID ...... T26C 135 On-Demand ALASKAN OUTBACK ADVEN- O5BA 135 On-Demand LLC II. HIGH ADVENTURE AIR CHAR- ZKTC 135 On-Demand TURES. AIRLINERS OF AMERICA INC W8JM 125 Air Operator TER GUIDES AND OUTFIT- DOYON, DAVID P ...... EKTA 135 On-Demand ARCTIC AIR SERVICE INC ..... NAAA 135 On-Demand TERS I. HAYES, ARTHUR D ...... EKRA 135 On-Demand ASPEN HELICOPTERS INC ..... IGAA 135 On-Demand HILDE, DEAN MITCHELL ...... D20C 135 On-Demand LAUGHLIN, HAROLD J ...... LFKA 135 On-Demand AVJET CORPORATION ...... ABFA 135 On-Demand HUDSON AIR SERVICE INC ... EMWC 135 On-Demand MASDEN, MICHELLE ...... IW7A 135 On-Demand CHANNEL ISLANDS AVIATION DDEA 135 On-Demand HUGHES, CLARENCE O ...... H9MC 135 On-Demand RANNEY, GAYLE AND STEVE LGDA 135 On-Demand INC. ILIAMNA AIR GUIDES INC ..... YKMC 135 On-Demand REIMER, DOUGLAS D ...... NOGA 135 On-Demand GENESIS AVIATION INC ...... G1NB 125 Air Operator ILIAMNA AIR TAXI INC ...... EONA 135 On-Demand SKAGWAY AIR SERVICE INC FYOA 135 Commuters SPIRIT AVIATION INC ...... DWHA 135 On-Demand J AND M ALASKA AIR TOURS HVUA 135 On-Demand TAL AIR ...... T8FA 135 On-Demand STAR AIRWAYS ...... WY8A 135 On-Demand INC. TYME AIR ...... T1MA 135 On-Demand SURFAS, FRANK N ...... XZLA 135 On-Demand JAMES TRUMBULL INC ...... A3WC 135 On-Demand WILSON, STEVE R ...... YAXA 135 On-Demand THE AIR GROUP INC ...... ACNA 135 On-Demand JIM AIR INC ...... IUJA 135 Commuters ALABAMA: THE ARGOSY GROUP INC ..... AGHA 135 On-Demand JOHNSON, JOSH W ...... OHQC 135 On-Demand B C AVIATION SERVICES ...... B4ZA 135 On-Demand AIRMANNS AVIATION INC ...... ZM5A 135 On-Demand JOHNSTON, THOMAS ...... S2TC 135 On-Demand CHARTER SERVICES INC ...... ZZTA 135 On-Demand AVTRANS CORPORATION ...... VKHA 135 On-Demand JONES, ROBERT D JR ...... H4AC 135 On-Demand DOTHAN AIR CHARTER INC .. EUUA 135 On-Demand C AND D INTERIORS ...... C02M 125 Air Operator KACHEMAK AIR SERVICE INC ELTA 135 On-Demand DOUBLE BRIDGES AVIATION D9UA 135 On-Demand CARDINAL AIR SERVICES INC DNSA 135 On-Demand KACHEMAK BAY FLYING YKBA 135 On-Demand EXECUTIVE AVIATION SERV- EX6A 135 On-Demand CENTURY WEST INC ...... CIOA 135 On-Demand SERVICE INC. ICE INC. DOUGLAS AIRCRAFT COM- DACM 125 Air Operator KANTISHNA AIR TAXI INC ..... XAKC 135 On-Demand FLYING M AVIATION INC ...... HROA 135 On-Demand PANY. KATMAI PRO SHOP INC ...... K4PC 135 On-Demand GULF AVIATION INC ...... G62A 135 On-Demand EMERALD AIR INC ...... VZMA 135 On-Demand KENAI AIR ALASKA INC ...... EMDA 135 On-Demand GULF COAST CHARTERS L L G94A 135 On-Demand HELISTREAM INC ...... JMXA 135 On-Demand KENAI FJORD OUTFITTERS XKNA 135 On-Demand C. ORANGE COUNTY SUNBIRD QGXA 135 On-Demand INC. HELI-PLANE ...... H9LA 135 On-Demand AVIATION. S11924 CONGRESSIONAL RECORD — SENATE October 5, 1999 FAA FLIGHT STANDARDS SERVICE—YEAR 2000 READI- FAA FLIGHT STANDARDS SERVICE—YEAR 2000 READI- FAA FLIGHT STANDARDS SERVICE—YEAR 2000 READI- NESS QUESTIONNAIRE NON-RESPONDENTS LIST—Con- NESS QUESTIONNAIRE NON-RESPONDENTS LIST—Con- NESS QUESTIONNAIRE NON-RESPONDENTS LIST—Con- tinued tinued tinued [As of October 4, 1999] [As of October 4, 1999] [As of October 4, 1999]

State and company name Designator Aggregate State and company name Designator Aggregate State and company name Designator Aggregate

RAINBOW AIR ACADEMY INC MNOA 135 On-Demand MCCLELLAND, JOHN AND HLRA 135 On-Demand FLY SAFELY INC ...... F77A 135 On-Demand ROSS, BRUCE A AND HER- MGHA 135 On-Demand TERI. KENN AIR CORP ...... ILZA 135 On-Demand MAN, JAMES S. MEDIPLANE INC ...... JBZA 135 On-Demand MAGIC CHARTER INC ...... OVAA 135 On-Demand TG AIR INC ...... TG8A 135 On-Demand PACIFIC STATES AVIATION CPFA 135 On-Demand MARATHON FLIGHT SCHOOL LCRA 135 On-Demand AMERICAN CARE INC ...... F75A 135 On-Demand INC. INC. CASCADE AIR LINES ...... W3VA 135 On-Demand S P AVIATION INC ...... SPOA 135 On-Demand MISSIONAIR ...... M4HM 125 Air Operator CAVOK INC ...... CWNA 135 On-Demand SCENIC AIR INC ...... S5TA 135 On-Demand NATIONAL AIR CHARTERS NA6A 135 On-Demand CLARK, JAMES L ...... XARA 135 On-Demand SKELLET, ANNALOU ...... PQWA 135 On-Demand INC. CRITICAL AIR MEDICINE INC IBUA 135 On-Demand SMITH AIR INC ...... CQIA 135 On-Demand PHILIPS AND JORDAN INC .... JFQA 135 On-Demand ISLAND HOPPER INC ...... ISFA 135 On-Demand TOMCAT VERTICAL AIR ...... T9VA 135 On-Demand PRETSCH, ERNEST ...... FOFA 135 On-Demand JAAZ, GERHARD JACK ...... DKKA 135 On-Demand TRINITY HELICOPTERS INC ... TH6A 135 On-Demand REGIONAL AIR CHARTERS M97A 135 On-Demand JETSOURCE CHARTER INC .... AMPA 135 On-Demand WESTLOG INC ...... JXKA 135 On-Demand INC. LIQUID CHARTER SERVICES L3SA 135 On-Demand COLORADO: SEBASTIAN AERO SERVICES VWKA 135 On-Demand INC. AERO SYSTEMS INC ...... CKEA 135 On-Demand INC. LUNDY AIR CHARTER INC .... LQUA 135 On-Demand AIR METHODS CORP ...... QMLA 135 On-Demand SUN AVIATION INC ...... ECWA 135 On-Demand MERIDIAN AIR CHARTER INC MZ6A 135 On-Demand AIRCAM NATIONAL HELI- VMIA 135 On-Demand TRANS NORTHERN AIRWAYS IHMA 135 On-Demand SHIER AVIATION CORP ...... IVSA 135 On-Demand COPTER SERVICES INC.. INC. SKY LIMO WEST INC ...... SZ0A 135 On-Demand ASPEN BASE OPERATION INC CKBA 135 On-Demand UNIVERSITY OF FLORIDA UFEM 125 Air Operator TANGO AIR INC ...... LOMA 135 On-Demand BAAN HOFMAN, CHERYL ...... B5HA 135 On-Demand ATHLETIC ASSOCIATION. CAL VADA AIRCRAFT INC ..... AQNA 135 On-Demand CB AIR INC ...... OAXA 135 On-Demand VINTAGE PROPS AND JETS VNWA 135 Commuters COFFELT, JOHN X ...... CFKA 135 On-Demand DISCOVERY AIR INC ...... IYDA 135 On-Demand INC. ENGLISH, DANIEL B ...... XDOA 135 On-Demand FLATIRONS AVIATION COR- YFAA 135 On-Demand WHISPER AIRLINES INC ...... KCDA 135 On-Demand RALSTON AVIATION ...... R7NA 135 On-Demand PORATION. ADVENTURE FLOATPLANE INC Y6RA 135 On-Demand AERO MICRONESIA INC ...... 15PA 121 Supplemental G AND G FLIGHT INC ...... YGHA 135 On-Demand AIR CHARTER ONE INC ...... CO6A 135 On-Demand AIR S F FLIGHT SERVICE ...... F81A 135 On-Demand GALENA AIR SERVICES COM- GN0A 135 On-Demand AIR FLIGHT INC ...... AFWA 135 On-Demand AMI JET CHARTER INC ...... IJOA 135 On-Demand PANY. AIRCOASTAL HELICOPTERS JJWA 135 On-Demand ARIS HELICOPTERS LTD ...... CAXA 135 On-Demand GEO-SEIS HELICOPTERS INC EKKA 135 On-Demand INC. BAY AIR CHARTER ...... OUOA 135 On-Demand KEY LIME AIR ...... KY7A 135 On-Demand EMECTEC CORP ...... E7CA 135 On-Demand LAWRENCE, KIRKLAND XSNA 135 On-Demand AMELIA AIRWAYS INC ...... A2AA 135 On-Demand EMPIRE AVIATION INC ...... EP7A 135 On-Demand WAYNE. AMERIJET INTERNATIONAL PCSA 121 Supplemental EXECUTIVE HELICOPTER HUYA 135 On-Demand MACK FLIGHT LEASE INC ..... F4KM 125 Air Operator INC. SERVICE INC. MAYO AVIATION INC ...... CIEA 135 On-Demand A-OK JETS ...... FAUA 135 On-Demand IBC AVIATION SERVICES INC IB9A 135 On-Demand MILAM INTERNATIONAL INC .. CJPA 135 On-Demand ARAWAK AVIATION INC ...... EYDA 135 On-Demand SAN JOSE AIR CARGO INC ... SJ9A 135 On-Demand MILE HI AIRCRAFT MANAGE- MH6A 135 On-Demand ATLANTIC AIRLINES INC ...... HWTA 135 On-Demand T E Q CORPORATION ...... BMWA 135 On-Demand MENT INC. BEL AIR TRANSPORT ...... MJNA 135 On-Demand VAN WAGENEN, ROBERT F ... VWGA 135 On-Demand MOUNTAIN AVIATION INC ...... VQMA 135 On-Demand BIMINI ISLAND AIR INC ...... B5MA 135 On-Demand VERTICARE ...... CBFA 135 On-Demand MOUNTAIN FLIGHT SERVICE OGQA 135 On-Demand BLACKHAWK INTL AIRWAYS .. IKWA 135 On-Demand AMERICAN VALET AIR INC .... VMNA 135 On-Demand ORION HELICOPTERS INC ..... CIQA 135 On-Demand CATALINA AEROSPACE COR- C40A 135 On-Demand AVIATION INTERNATIONAL A8YA 135 On-Demand PIKES PEAK CHARTER L L C PQ9A 135 On-Demand PORATION. ROTORS INC. RED MOUNTAIN AVIATION L L RV0A 135 On-Demand COMMERCIAL AVIATION EN- JKBA 135 On-Demand DESERT AIRLINES AND EFAA 135 On-Demand C. TERPRISES INC. AEROMEDICAL TRANS- ROCKY MOUNTAIN AVIATION J6TA 135 On-Demand CUSTOM AIR TRANSPORT C7WA 121 Supplemental PORT INC. SEA PACIFIC INC ...... URGA 135 On-Demand INC. EXECUTIVE AVIATION LOGIS- EEUA 135 On-Demand SUNDANCE AIR INC ...... MGDA 135 On-Demand EXECSTAR AVIATION INC ...... XVQA 135 On-Demand TICS INC. TURBO WEST CORPAC INC ... TQWA 135 On-Demand EXECUTIVE AIR CHARTER OF FOMA 135 On-Demand NORTHAIR INC ...... NH9A 135 On-Demand WINDSTAR AVIATION CORP ... CIWA 135 On-Demand BOCA RATON. ORCO AVIATION INC ...... EEAA 135 On-Demand AMERICAN CHECK TRANS- VOXA 135 On-Demand FLIGHT TRAINING INTER- RL6A 135 On-Demand PARALIFT INC ...... VPLM 125 Air Operator PORT INC. NATIONAL INC. PRO-CRAFT AVIATION INC .... JI3A 135 On-Demand CENTURY AVIATION INC ...... GNTA 135 On-Demand FLORIDA AIR TRANSPORT FLRB 125 Air Operator SAN BERNARDINO COUNTY SB9A 135 On-Demand DURANGO AIR SERVICE INC CMIA 135 On-Demand INC. SHERIFFS AVIATION DIVI- EARTH CENTER ADVENTURES E4HA 135 On-Demand FLORIDA SUNCOAST AVIA- F7UA 135 On-Demand SION. INC. TION INC. SKYDIVE ELSINORE INC ...... K2EM 125 Air Operator GUNSLINGER INVESTMENT W9CA 135 On-Demand FLYING BOAT INC ...... FVYA 121 Domestic/Flag AIR BY JET L L C ...... J2IA 135 On-Demand CORP. GULF AND CARIBBEAN VGCA 121 Supplemental AIR DESERT PACIFIC CORP .. UDPA 135 On-Demand PREMIER AVIATION INC ...... PGFA 135 On-Demand CARGO INC. AIR JUSTICE INC ...... J9SA 135 On-Demand TUCKER, BLAINE ...... CLRA 135 On-Demand HOP A JET INC ...... EXOA 135 On-Demand C A T S TOURS INC ...... C9UA 135 On-Demand WESTERN AVIATORS INC ...... W6TA 135 On-Demand JET CHARTER INTER- YJIA 135 On-Demand CORSAIR COPTERS INC ...... DG0A 135 On-Demand WESTERN SLOPE HELI- WL8A 135 On-Demand NATIONAL INC. GOLDEN WEST AIRLINES INC G2WA 135 On-Demand COPTERS INC. LOCAIR INC ...... YLXA 135 On-Demand INTER ISLAND YACHTS INC .. I2YA 135 On-Demand JETPROP INC ...... J25A 135 On-Demand M W TRAVEL AND LEISURE M8WA 135 On-Demand M B AIRWAYS INC ...... XMBA 135 On-Demand CONNECTICUT: INC. MANHATTAN BANKER COR- YCSA 135 On-Demand DELTA JET LTD ...... FUUA 135 On-Demand MID-STAR INC ...... YLPA 135 On-Demand PORATION. DISTRICT OF COLUMBIA: NEALCO AIR CHARTER SERV- N5CA 135 On-Demand MERCURY AIR CARGO INC ... M27A 135 On-Demand CAPITAL HELICOPTERS L L C H14A 135 On-Demand ICES INC. NORTHROP GRUMMAN AVIA- NOZA 135 On-Demand SHORT BROTHERS USA INC SB8M 125 Air Operator PALM BEACH AEROSPACE P58M 125 Air Operator TION INC. DELAWARE: INC. OCCIDENTAL PETROLEUM OCPM 125 Air Operator AMERICAN AEROSPACE COR- D4AA 135 On-Demand PALM BEACH COUNTY HC7A 135 On-Demand CORP. PORATION. HEALTH CARE DISTRICT. OIL AND GAS MANAGEMENT OG8A 135 On-Demand CANNAVO, DAVID ...... EHEA 135 On-Demand PARADISE ISLAND AIRLINES CICA 121 Domestic/Flag CORPORATION. DAWN AERO INC ...... DIQA 135 On-Demand INC. ROUSE, MARC S ...... R5FA 135 On-Demand MARSHALL GEOSURVEY AS- M0YM 125 Air Operator PERSONAL JET CHARTER INC EZKA 135 On-Demand TRANS-EXEC AIR SERVICE DVYA 135 On-Demand SOCIATES. PLANE SPACE INC ...... P62A 135 On-Demand INC. MERCURY RESEARCH AND MK0M 125 Air Operator PLANET AIRWAYS INC ...... PZ6A 121 Domestic/Flag UNIVERSAL JET INC ...... U3JA 135 On-Demand SURVEYING. POMPANO HELICOPTERS INC P8HA 135 On-Demand WESTFIELD AVIATION INC ..... WTZM 125 Air Operator AMERICAN INTERNATIONAL I4NA 135 On-Demand SEMINOLE TRIBE OF FLOR- S64A 135 On-Demand ATKIN, WILLARD KENT ...... WNHA 135 On-Demand AVIATION CORP. IDA. CARTER FLYGARE INC ...... SA8A 135 On-Demand VALLEY RESOURCES INC ...... VRYM 125 Air Operator SOUTHEASTERN JET AVIA- SJ6A 135 On-Demand CELEBRITY AIR INC ...... C86A 135 On-Demand FLORIDA: TION INC. EVERSON, DAVID E ...... QVHA 135 On-Demand OMNI AVIATION INC ...... OI8A 135 On-Demand SOUTHERN FLARE INC ...... F25A 135 On-Demand HILLSIDE AVIATION INC ...... AXHA 135 On-Demand CHIPOLA AVIATION INC ...... ETSA 135 On-Demand STUART JET CENTER INC ..... VSAA 135 On-Demand N T ENLOE MEMORIAL HOS- NTQA 135 On-Demand PARADISE HELICOPTERS INC P1LA 135 On-Demand TRIANGLE AIRCRAFT SERV- T9GM 125 Air Operator PITAL. PENSACOLA AVIATION CEN- KRTA 135 On-Demand ICES INC. OROVILLE AVIATION INC ...... LIKA 135 On-Demand TER. TROPIC AIR CHARTERS INC T4CA 135 On-Demand PACIFIC COAST BUILDING PCPA 135 On-Demand SOWELL AIRCRAFT SERVICE V4SA 135 On-Demand TWIN TOWN LEASING CO INC EYLA 135 On-Demand PRODUCTS INC. INC. VOLAR HELICOPTERS INC ..... VOLA 135 On-Demand REDDING AERO ENTER- MNVA 135 On-Demand SOWELL AVIATION COMPANY DW4A 135 On-Demand WORLD JET CHARTERS INC .. WUJA 135 On-Demand PRISES INC. INC. AIR RECOVERY INC ...... YRUA 135 On-Demand REDDING AIR SERVICE INC .. AUMA 135 On-Demand SUNSHINE AERO INDUSTRIES EUBA 135 On-Demand AIR SAL INC ...... JCOA 135 On-Demand SHASTA LIVESTOCK AUCTION WV8A 135 On-Demand AIR CLASSIC CARGO INC ..... LXEA 135 On-Demand AIRGLASS AVIATION INC ...... S3HA 135 On-Demand YARD INC. AIR FLORIDA CHARTER INC .. H8DA 135 On-Demand ATLANTIC AIR CARGO INC .... XAUA 135 On-Demand WEATHERS, TERRY M AND AVWA 135 On-Demand AIR ONE INC ...... HZUA 135 On-Demand AVIATOR SERVICES INC ...... UFVA 135 On-Demand JEAN L. AIR ORLANDO CHARTER INC AOUA 135 On-Demand COLLIER COUNTY HELI- CCHA 135 On-Demand WOODLAND AVIATION INC .... AWKA 135 On-Demand AIRSCAN INC ...... OIPA 135 On-Demand COPTER OPERATION. AIR AMBULANCE INC ...... BZXA 135 On-Demand ATLANTIC AIRWAYS INC ...... TCXA 135 On-Demand CONTINENTAL AVIATION CX0B 125 Air Operator AIR WOLFE FREIGHT INC ...... W27A 135 On-Demand BORGHORST, MARK ...... B55B 125 Air Operator SERVICES INC. AMPHIBIOUS ADVENTURES X47A 135 On-Demand BRAUNIG CORPORATION INC JG8A 135 On-Demand CORPORATE AIR CHARTERS C5GA 135 On-Demand INC. C AND R LEASING INC ...... E1VA 135 On-Demand INC. CONCORD JET SERVICE INC CJBA 135 On-Demand CLYDE AIR INC ...... TQ6A 135 On-Demand EXEC AIR INC OF NAPLES .... E69A 135 On-Demand COOK, WILLIAM B ...... COIA 135 On-Demand CONSTRUCTION INSURANCE ORGA 135 On-Demand FUN AIR CORP ...... FUNB 125 Air Operator DC-3 FLIGHTS INC ...... UUDM 125 On-Demand SERVICES INC. GOLDEN AIRLINES INC ...... G1LA 135 On-Demand GABEL, KYLE AND GLENDA .. NG7A 135 On-Demand CORPORATE AIRWAYS INC ... FCTA 135 On-Demand GULF COAST AIRWAYS INC ... GW0A 135 On-Demand HUMBOLDT GROUP ...... H29A 135 On-Demand DEAL AEROSPACE CORPORA- D5EA 135 On-Demand HUGHES FLYING SERVICE EYAA 135 On-Demand KEB AIRCRAFT SALES INC .... XSKM 125 Air Operator TION. INC. L W WINTER HELICOPTERS W7SE 135 On-Demand DISCOVERY AIR CHARTER DIBA 135 On-Demand I–LAND AIR CORPORATION ... IL7A 135 On-Demand INC. INC. MARCO AVIATION INC ...... MAEA 135 On-Demand LARON ENTERPRISES INC .... COPA 135 On-Demand F I T AVIATION INC ...... ECQA 135 On-Demand MARIOS AIR INC ...... C8QA 135 On-Demand LARSEN, JAMES E ...... COGA 135 On-Demand FLIGHT EXPRESS INC ...... FPIA 135 On-Demand MILLON AIR INC ...... MIRA 121 Supplemental October 5, 1999 CONGRESSIONAL RECORD — SENATE S11925 FAA FLIGHT STANDARDS SERVICE—YEAR 2000 READI- FAA FLIGHT STANDARDS SERVICE—YEAR 2000 READI- FAA FLIGHT STANDARDS SERVICE—YEAR 2000 READI- NESS QUESTIONNAIRE NON-RESPONDENTS LIST—Con- NESS QUESTIONNAIRE NON-RESPONDENTS LIST—Con- NESS QUESTIONNAIRE NON-RESPONDENTS LIST—Con- tinued tinued tinued [As of October 4, 1999] [As of October 4, 1999] [As of October 4, 1999]

State and company name Designator Aggregate State and company name Designator Aggregate State and company name Designator Aggregate

ROBINSON AIR CRANE INC .. R19A 135 On-Demand AIR KETCHUM IDAHO INC ..... K7MA 135 On-Demand KANSAS CITY AVIATION CEN- AMYA 135 On-Demand SKYS FLIGHT SERVICE INC ... S59A 135 On-Demand AIR RESOURCES INC ...... A00A 135 On-Demand TER INC. SUPER THREE INC ...... SU6M 125 Air Operator ARNOLD, RAY E ...... REAA 135 On-Demand ACE AVIATION CORPORATION BWWA 135 On-Demand TRANS AIR LINK CORP ...... TALA 121 Supplemental CREW CONCEPTS INC ...... FZOA 135 On-Demand CHARTERS INC ...... QCHA 135 On-Demand WCA TRANSPORTATION WT8A 135 On-Demand CURRIE, DAVID A ...... X5HA 135 On-Demand KANSAS AIR CENTER INC ..... CXIA 135 On-Demand SERVICES INC. HELI’KO INC ...... MGRA 135 On-Demand OLIVER AVIATION INC ...... OAVA 135 On-Demand PARADISE FLIGHTS INC ...... P31A 135 On-Demand HORMAECHEA, RICHARD M .. XXRA 135 On-Demand PFEIFER, CAROL AND OR IURA 135 On-Demand AIR SITARAH INC ...... IBHC 135 On-Demand IDAHO TRANSPORT SERVICE IBNA 135 On-Demand STEVEN J. BAY AIR FLYING SERVICE EDDA 135 On-Demand INC. RAYTHEON AIRCRAFT SERV- ERYA 135 On-Demand INC. JEFLYN AVIATION INC ...... JL9A 135 On-Demand ICES INC. COMMANDER AIRWAYS INC .. SUEA 135 On-Demand MCCALL AIR TAXI INC ...... GBWA 135 On-Demand SCHREIB-AIR INC ...... S31A 135 On-Demand EAGLE AIR CORP ...... E2CA 135 On-Demand MIDDLE FORK AVIATION INC MKTA 135 On-Demand YINGLING AIRCRAFT INC ...... BWRA 135 On-Demand EXECUJET CHARTER SERVICE EV7A 135 On-Demand PERE, GUY A ...... PGKA 135 On-Demand SUNSET AERO SERVICES INC SSTA 135 On-Demand INC. PIONEER AVIATION INC ...... FZQA 135 On-Demand KENTUCKY: EXECUTIVE AVIATION CHAR- HD9A 135 On-Demand REGIONAL EXPRESS CO ...... RECA 135 On-Demand CENTRAL AMERICAN AIR AZWA 135 On-Demand TERS INC. STANLEY AIR TAXI INC ...... IKOA 135 On-Demand TAXI INC. FLIGHTLINE GROUP INC ...... FBUA 135 On-Demand THOMAS HELICOPTERS INC .. GBNA 135 On-Demand COMMONWEALTH HELI- C90A 135 On-Demand GLOBAL AIR CHARTER INC ... G2CA 135 On-Demand WESTERN AIRWAYS INC ...... KHSA 135 On-Demand COPTERS INC. HUFFMAN AVIATION INC ...... HZAA 135 On-Demand Z AIR ...... ZI0A 135 On-Demand DON DAVIS AVIATION INC ..... FGBA 135 On-Demand JONES FLYING SERVICE INC ECTA 135 On-Demand BUSINESS AVIATION INC ...... BU7A 135 On-Demand EMERALD AVIATION INC ...... INKA 135 On-Demand LEADING EDGE AVIATION L1EA 135 On-Demand HILLCREST AIRCRAFT CO INC GFLA 135 On-Demand HORIZON AVIATION INC ...... QZNA 135 On-Demand CHARTER SERVICE. NORTHERN AIR INC ...... NR9A 135 On-Demand KENTUCKY AIRMOTIVE INC ... KKIA 135 On-Demand PRIORITY JETS INC ...... NWHA 135 On-Demand OROFINO AVIATION INC ...... INMA 135 On-Demand MIDLINE AIR FREIGHT ...... E7TA 135 On-Demand RED BARON AVIATION INC ... REBA 135 On-Demand PANHANDLE HELICOPTER INC PHAA 135 On-Demand NEW IMAGE AIR INC ...... N9IA 135 On-Demand SARASOTA AIRWAYS INC ...... SQ8A 135 On-Demand RESORT AVIATION SERVICES YRVA 135 On-Demand PEGASUS AIRWAYS INC ...... PK9A 135 On-Demand STRONG AIR AIR CARGO INC E35A 135 On-Demand INC. SUNWORLD INTERNATIONAL SQ7A 121 Domestic/Flag SUN JET INTERNATIONAL INC A4JA 121 Supplemental SCANLON, JOHN T ...... SCFA 135 On-Demand AIRLINES INC. WALKABOUT AIR ...... WK9A 135 On-Demand STOUT FLYING SERVICE INC WQEA 135 On-Demand LOUISIANA: DSTS INC ...... D8TM 125 Air Operator WHITEWATER CREEK INC ..... W7IA 135 On-Demand AIR RELDAN INC ...... HEBA 135 On-Demand PAXSON COMMUNICATIONS XP0M 125 Air Operator ILLINOIS: AMERICAN AVIATION LLC ..... A05A 135 On-Demand CORPORATION. METRO-EAST AIR SERVICE DFIA 135 On-Demand BATON ROUGE AIR CHARTER GOWA 135 On-Demand GEORGIA: INC. AND MANAGEMENT. QUICKSILVER AVIATION INC QCKA 135 On-Demand AERO TAXI ROCKFORD INC .. CGYA 135 On-Demand BUTLER AVIATION INC ...... YBBA 135 On-Demand AIR CHARTERS INC ...... C89A 135 On-Demand AIR ANGELS INC ...... X34A 135 On-Demand CAPITAL CITY AIR SERVICE L7WA 135 On-Demand AIRLINE AVIATION ACADEMY ACDA 135 On-Demand AIRWAY CHARTER SERVICE IXLA 135 On-Demand INC. INC. INC. CHARLIE HAMMONDS FLYING HMDA 135 On-Demand AVIOR TECHNOLOGIES OPER- A8OA 135 On-Demand ALLEGRA AIRCRAFT ...... XUNA 135 On-Demand SERVICE INC. ATIONS INC. ALPINE AVIATION CORP ...... CEVA 135 On-Demand EXCEL AIR CHARTER L L C .. L5GA 135 On-Demand CRITICAL CARE MEDFLIGHT MFGA 135 On-Demand DB AVIATION INC ...... IEYA 135 On-Demand GULF STATES AIR INC ...... SG6A 135 On-Demand INC. DIAMOND INTERNATIONAL D9IA 135 On-Demand INDUSTRIAL HELICOPTERS IIFA 135 On-Demand CUSTOM AIR SERVICE INC ... C9QB 125 Air Operator AIRLINES INC. INC. DODSON INTERNATIONAL DOSA 135 On-Demand EAGLE AIR TRANSPORT INC E2TM 125 Air Operator LOUISIANA AIRCRAFT COM- UGIA 135 On-Demand CORP. GREAT BEAR AVIATION COM- G7BA 135 On-Demand PANIES INC. EPPS AIR SERVICE INC ...... ESMA 135 On-Demand PANY. MAYEUXS FLYING SERVICE KEVA 135 On-Demand GEORGIA FLIGHT INC ...... IXGA 135 On-Demand INTEGRATED FLIGHT RE- I4FA 135 On-Demand INC. SOURCES INC. H C L AVIATION INC ...... UHVA 121 Domestic/Flag INTERNATIONAL AIRWAY EX- VJCA 135 On-Demand MCMAHAN AVIATION INC ...... GQ8A 135 On-Demand HILL AIRCRAFT AND LEASING ESEA 135 On-Demand PRESS INC. PETROLEUM HELICOPTERS HEEA 135 On-Demand CORP. LUMANAIR INC ...... CGFA 135 On-Demand INC. HOUSTON AIR INC ...... H3AA 135 On-Demand MALEC HOLDINGS LTD ...... UMQA 135 On-Demand PRIORITY AIR INC ...... FTMA 135 On-Demand LOWE AVIATION CO INC ...... ETEA 135 On-Demand MIDWEST HELICOPTER AIR- CHVA 135 On-Demand REILLY ENTERPRISES L L C RE0A 135 On-Demand METRO ENVIRONMENTAL AS- M1VA 135 On-Demand WAYS INC. SEA AIR SERVICE INC ...... KBNA 135 On-Demand SOCIATES INC. NAC AIRLINE INC ...... CFBA 135 On-Demand SOUTHERN HELICOPTERS HDCA 135 On-Demand NATIONS AIR EXPRESS INC .. USVA 121 Domestic/Flag NORTH AMERICAN JET CJ6A 135 On-Demand INC. SMITHAIR INC ...... ETHA 135 On-Demand CHARTER GROUP INC. TIGER ATHLETIC FOUNDA- OTFA 135 On-Demand SOUTHEASTERN AIR CHAR- MFJA 135 On-Demand NORTH WESTERN AVIATION YNIA 135 On-Demand TION. TER INC. INC. TRANS GULF SEAPLANE HEIA 135 On-Demand UK–USA HELICOPTERS INC .. UK6A 135 On-Demand NORTHWEST FLYERS INC ..... NW9A 135 On-Demand SERVICE INC. HAWAII: O O T AIR EXPRESS COM- OO6A 135 On-Demand TRANS-GULF AVIATION INC .. TFUA 135 On-Demand ABOVE IT ALL INC ...... OVFA 135 On-Demand PANY. VINTAGE WINGS AND THINGS VWFM 135 Air Operator AIR LINKS INC ...... L6KA 135 On-Demand OLIVERS HELICOPTERS INC .. OBYA 135 On-Demand CASINO AIRLINES INC ...... C37A 121 Domestic/Flag AIR NEVADA AIRLINES INC ... RNVA 135 Communities OWNERS JET SERVICES LTD LJCA 135 On-Demand MASSACHUSETTS: ALII AVIATION INC ...... ALUA 135 On-Demand ROTERS IN MOTION INC ...... A9XA 135 On-Demand HYANNIS AIR SERVICE INC .. HYIA 135 Commuters CIRCLE RAINBOW AIR INC ... DCRA 135 On-Demand SCOTT AVIATION INC ...... SVTA 135 On-Demand ISLAND SHUTTLE INC ...... ISIA 135 On-Demand GENAVCO CORP ...... GVCA 135 On-Demand SOUTH SUBURBAN AVIATION XZSA 135 On-Demand WIGGINS AIR CARGO INC ..... W6CA 135 On-Demand HAWAII AIR AMBULANCE INC H48A 135 On-Demand INC. ADVANCE MATERIALS CORP ADBA 135 On-Demand HAWAII COUNTY FIRE DE- H5FA 135 On-Demand SPIRIT AVIATION INC ...... IS0A 135 On-Demand BULLOCK CHARTER INC ...... FUGA 135 On-Demand PARTMENT. SUN AERO INC ...... ZSUA 135 On-Demand MARYLAND: MAUNA KEA HELICOPTERS MUNA 135 On-Demand VALLEY AIR SERVICE ...... VL8A 135 On-Demand ODYSSEY TRANSPORT INC ... OTYA 135 On-Demand INC. VIKING EXPRESS INC ...... CHRA 135 On-Demand FREEDOM AIR INC ...... FEVA 135 On-Demand MOLOKAI LANAI AIR SHUTTLE OIKA 135 On-Demand WINDY CITY CHARTER INC ... ZRGA 135 On-Demand STREAMLINE AVIATION INC .. W28A 135 On-Demand INC. WSG INC ...... J9MA 135 On-Demand HELIVISION L L C ...... H8VA 135 On-Demand NIIHAU HELICOPTERS INC .... NUIA 135 On-Demand BYERLY AVIATION INC ...... BOEA 135 On-Demand MAINE: PACIFIC HELICOPTER TOURS DBZA 135 On-Demand COBB, FREDERICK L ...... BOOA 135 On-Demand BILLS FLYING SERVICES ...... PLOA 135 On-Demand INC. HEETCO JET CENTER INC ..... BOUA 135 On-Demand CALDEN, C HARVEY ...... H7VA 135 On-Demand PEARL PACIFIC ENTERPRISES YZPA 135 On-Demand JET AIR INC ...... JAFA 135 On-Demand COASTAL HELICOPTERS INC YBMA 135 On-Demand SAFARI AVIATION INC ...... XSFA 135 On-Demand TATES FLYING SERVICE INC JBNA 135 On-Demand COLEMANS FLYING AND CMGA 135 On-Demand SANDSTONE AERIAL SERVICE SZNA 135 On-Demand THE FLIGHTSTAR CORP ...... BONA 135 On-Demand GUIDE SERVICE. WILL SQUYRES HELICOPTER LBGA 135 On-Demand INDIANA: DEARBORN AVIATION INC ..... D5OA 135 On-Demand SERVICE. HIGH TECH APPLICATIONS I3RA 135 On-Demand DOWNEAST AIRLINES INC ..... LHAA 135 On-Demand IOWA: INC. EASTERN AIRCRAFT AND BFWA 135 On-Demand ACCESSAIR INC ...... E6RA 121 Domestic/Flag ANDERSON AVIATION INC ..... AIEA 135 On-Demand SALES INC. CARVER AERO INC ...... XRRA 135 On-Demand BROWN FLYING SCHOOL INC DAVA 135 On-Demand FOLSOMS AIR SERVICE INC BGAA 135 On-Demand CHARTERSTAR INC ...... C2SA 135 On-Demand COOK AIRCRAFT LEASING YSIB 125 Air Operator JACKS AIR SERVICE INC ...... FSNA 135 On-Demand DENISON AVIATION INC ...... CSVA 135 On-Demand INC. LIBBY CAMPS ...... BPLA 135 On-Demand HAPS AIR SERVICE INC ...... CRJA 135 On-Demand INDIANAPOLIS AVIATION INC AIHA 135 On-Demand MAINE AVIATION CORP ...... FSEA 135 On-Demand HASSMAN, DALE ...... DHSA 135 On-Demand KEENAIRE INC ...... KKEA 135 On-Demand MAINE INSTRUMENT FLIGHT BFYA 135 On-Demand IOWA CITY FLYING SERVICE ICFA 135 On-Demand LAZY S FLYING SERVICE ...... KVEA 135 On-Demand MINSCHWANER, NEIL ...... XYEA 135 On-Demand INC. RHOADES AVIATION INC ...... JRAA 121 Supplemental NAPLES SEAPLANE SERVICE BN6A 135 On-Demand MONTICELLO AVIATION INC .. K02A 135 On-Demand TRI STATE AERO INC ...... AHTA 135 On-Demand INC. MOORE HELICOPTER SERV- JLEA 135 On-Demand AIR CHARTER EXPRESS INC X31A 135 On-Demand OPTIMAIR INC ...... O9PA 135 On-Demand ICES INC. BOWMAN AVIATION INC ...... BLVA 135 On-Demand PLAIN AIR FLYING SERVICE .. POVA 135 On-Demand NIEDERHAUSER AIRWAYS CSNA 135 On-Demand CARTER, CRAIG S ...... UKCA 135 On-Demand QUODDY AIR ...... QDZA 135 On-Demand INC. CONSOLIDATED CHARTER CBGA 135 On-Demand SKINNER, RICHARD S ...... FRQA 135 On-Demand P AND N CORP ...... PNOA 135 On-Demand SERVICE INC. SKYWAGON CORPORATION I5MA 135 On-Demand P S AIR INC ...... ZSEA 135 On-Demand CORPORATE AIR INC ...... M7GA 135 On-Demand INC. RITEL COPTER SERVICE INC RCSA 135 On-Demand EXECUTIVE AVIATION INC ..... E94A 135 On-Demand STRANG, JAMES W ...... NXYA 135 On-Demand SIOUX CENTER AVIATION LTD CQXA 135 On-Demand FORT WAYNE AIR SERVICE BLBA 135 On-Demand MICHIGAN: SPORT AVIATION INC ...... S5IA 135 On-Demand INC. A AND R AVIATION SERVICES R9RA 135 On-Demand TODDS FLYING SERVICE INC TDFA 135 On-Demand INTEGRATED AIRWAYS INC ... KWTA 135 On-Demand AIRCRAFT MANAGEMENT 14MA 135 On-Demand WHITFIELD, WAYNE E ...... CYUA 135 On-Demand K–AIR LEASING INC ...... OCGA 135 On-Demand SERVICES INC. IDAHO: SUMMIT CITY AIR CHARTER JHYA 135 On-Demand BROOKS AERO INC ...... EANA 135 On-Demand BRISTOL BAY SPORT FISHING YJBC 135 On-Demand INC. BUTTERWORTH AERO MED BTEA 135 On-Demand INC. TRAVEL MANAGEMENT COM- T17A 135 On-Demand INC. AVCENTER INC ...... GAYA 135 On-Demand PANY LTD. HOFFMAN FLYING SERVICE EBEA 135 On-Demand BOARD OF DIRECTORS OF BRMA 135 On-Demand KANSAS: INC. BANNOCK REGIONAL HUSTED AND HUSTED AIR IJTA 135 On-Demand KELLEY AIRCRAFT LEASING QKYA 135 On-Demand MEDICAL CEN. CHARTER INC. CO. S11926 CONGRESSIONAL RECORD — SENATE October 5, 1999 FAA FLIGHT STANDARDS SERVICE—YEAR 2000 READI- FAA FLIGHT STANDARDS SERVICE—YEAR 2000 READI- FAA FLIGHT STANDARDS SERVICE—YEAR 2000 READI- NESS QUESTIONNAIRE NON-RESPONDENTS LIST—Con- NESS QUESTIONNAIRE NON-RESPONDENTS LIST—Con- NESS QUESTIONNAIRE NON-RESPONDENTS LIST—Con- tinued tinued tinued [As of October 4, 1999] [As of October 4, 1999] [As of October 4, 1999]

State and company name Designator Aggregate State and company name Designator Aggregate State and company name Designator Aggregate

LOO, ROBERT H ...... ECDA 135 On-Demand RAS INC ...... EWPA 135 On-Demand SPARTA AVIATION INC ...... S3ZA 135 On-Demand SPARTA AVIATION SERVICE EAVA 135 On-Demand MONTANA: CHELSEA AIR SHUTTLE INC .. X27A 135 On-Demand INC. 3–D AVIATION INC ...... XTGA 135 On-Demand NEW MEXICO: SUPERIOR AVIATION INC ...... EATA 135 On-Demand ARMENT, CHARLES RANDALL OGZA 135 On-Demand ADAMS, BRUCE M ...... GNVA 135 On-Demand TRAVEL CONSULTANTS AVIA- T6FA 135 On-Demand BUTTE AVIATION INC ...... BTJA 135 On-Demand AEROWEST MANAGEMENT PBKA 135 On-Demand TION INC. CENTRAL COPTERS INC ...... JOLA 135 On-Demand SERVICES INC. WEST MICHIGAN AIR CARE ZYWA 135 On-Demand CHARLES TROWER AVIATION HTHA 135 On-Demand AIR/AMERICA INC ...... A2WA 135 On-Demand INC. INC. B AND M ENTERPRISES INC GNXA 135 On-Demand ASTRO STAR AVIATION INC .. JOPA 135 On-Demand C0LDWELL, JERRY ...... HSZA 135 On-Demand EAGLE FLYING SERVICE INC XZZA 135 On-Demand HELICOPTERS PLUS L L C .... HZ9A 135 On-Demand COLTON, STANLEY G ...... NBOA 135 On-Demand EDELWEISS HOLDINGS INC ... E5HA 135 commuters RILEY AVIATION INC ...... BLIA 135 On-Demand CONQUEST AVIATION L L C .. L2VA 135 On-Demand EDS FLYING SERVICE INC .... GRXA 135 On-Demand AEROGENESIS AVIATION INC XG9A 135 On-Demand DILLON FLYING SERVICE INC EFSA 135 On-Demand FLYING Z AVIATION INC ...... XFZA 135 On-Demand AIR GO PACK ...... P1KA 135 On-Demand ELGEN, DENNIS P ...... ELGA 135 On-Demand FOUR CORNERS AVIATION GONA 135 On-Demand BIJAN AIR INC ...... BJUA 135 On-Demand FRANCES MAHON DEA- FMMA 135 On-Demand INC. CORPORATE AIR MANAGE- CMHA 135 On-Demand CONESS HOSPITAL. GALLUP FLYING SERVICES GNMA 135 On-Demand MENT INC. GALLATIN FLYING SERVICE JHTA 135 On-Demand INC. DETROIT RED WINGS ...... DWMM 125 Air Operator INC. KEMP AVIATION INC ...... K3IA 135 On-Demand EAGLE AVIATION INC ...... EGUA 135 On-Demand GLIKO AVIATION INC ...... CXOA 135 On-Demand MANSELL AVIATION INC ...... M9AA 135 On-Demand ERIM INTERNATIONAL INC .... ERIM 125 Air Operator HOEM, LAURENCE R ...... LBPA 135 On-Demand MC CAUSLAND AVIATION INC GRUA 135 On-Demand EVANS AIR CORPORATION .... EQHA 135 On-Demand HOLMAN ENTERPRISES ...... CXSA 135 On-Demand MOUNTAIN AVIATION ENTER- XMNA 135 On-Demand FLIGHT ONE INC ...... BTCA 135 On-Demand HOMESTEAD HELICOPTERS H1OA 135 On-Demand PRISES LTD. FLINT AVIATION SERVICES BSRA 135 On-Demand INC. NORD AVIATION INC ...... NRDA 135 On-Demand INC. KINDEN, KEITH A ...... HTEA 135 On-Demand ROSS AVIATION INC ...... ROSA 121 Supplemental H B AVIATION AND LEASING H8BA 135 On-Demand LAIRD, ERLEND D ...... DCZA 135 On-Demand SEVEN BAR FLYING SERVICE GNLA 135 On-Demand INC. LEADING EDGE AVIATION LXGA 135 On-Demand INC. KITTY HAWK CHARTER INC ... KKFA 135 On-Demand SERVICES INC. SILVERWINGS AIR AMBU- X93A 135 On-Demand MCCARDELL PROPERTIES M75A 135 On-Demand LONAIRE FLYING SERVICE L15A 135 On-Demand LANCE LTD COMPANY. INC. INC. SOUTH AERO INC ...... GNBA 135 On-Demand MCMAHON HELICOPTER BUBA 135 On-Demand LYNCH FLYING SERVICE INC HSRA 135 On-Demand MC RAE AVIATION SERVICES IFOA 135 On-Demand SERVICES INC. MINUTEMAN AVIATION INC ... MINA 135 On-Demand INC. MORTON HELICOPTERS ...... M37A 135 On-Demand MONTANA FLYING MACHINES M26A 135 On-Demand NEVADA: PONTIAC FLIGHT SERVICE PONA 135 On-Demand L L C. ALPINE LAKE AVIATION INC .. A4LA 135 On-Demand INC. MUSTANG AVIATION INC ...... M06A 135 On-Demand AMERICAN MEDFLIGHT INC .. XPCA 135 On-Demand ROUNDBALL ONE ...... REOB 125 Air Operator NEWTON, DONALD H ...... NAVA 135 On-Demand FALLON AIRMOTIVE ...... XFLA 135 On-Demand ROYAL AIR FREIGHT INC ...... BUHA 135 On-Demand PRAIRIE AVIATION INC ...... VPEA 135 On-Demand HEAVERNE, CLIFFORD J ...... ARUA 135 On-Demand SUBURBAN AVIATION INC ..... S41A 135 On-Demand RED EAGLE AVIATION INC .... IKLA 135 On-Demand HUTT AVIATION INC ...... HZNA 135 On-Demand SYSTEC 2000 INC ...... S6YA 135 On-Demand SUNBIRD AVIATION INC ...... CXNA 135 On-Demand KAJANS, FRED A ...... GJGA 135 On-Demand THOR PROPERTIES INC ...... T6PA 135 On-Demand WOLFF AVIATION ...... QWFA 135 On-Demand NEVADA-CAL AERO INC ...... VLJA 135 On-Demand TRI-STAR EXPRESS INC ...... T5RA 135 On-Demand NORTH CAROLINA: PREMIER AVIATION INC ...... MCIA 135 On-Demand MINNESOTA: AIR HOLDINGS INC ...... TL6A 135 On-Demand REMLINGER, JON RICHARD .. T7DA 135 On-Demand A B FLIGHT SERVICES INC ... A2BA 135 On-Demand DAIRY AIR INC ...... FFPA 135 On-Demand RENO FLYING SERVICE INC .. IPMA 135 On-Demand ADVENTURE BOUND SEA- X1BA 135 On-Demand EAST AIR INC ...... ET6A 135 On-Demand SILVER SKY AVIATION INC .... SS9A 135 On-Demand PLANES INC. EASTWIND AIRLINES INC ...... E9WA 121 Domestic/Flag SKYDANCE OPERATIONS INC NCNA 135 On-Demand AIR CARE EXECUTIVE CHAR- X15A 135 On-Demand GREENWOOD HELICOPTERS GHYA 135 On-Demand TEM ENTERPRISES INC ...... BJNA 121 Domestic/Flag TER AND SECURITY INC. INC. AEROTECH SPECIALISTS INC O9RA 135 On-Demand AIR D INC ...... AA6A 135 On-Demand ISO AERO SERVICE INC ...... ISOA 135 On-Demand AIR BAJA CALIFORNIA INC .... ODUA 135 On-Demand ANOKA FLIGHT TRAINING INC VL6A 135 On-Demand KINGSLAND AIR INC ...... K42A 135 On-Demand AVIATION VENTURES INC ...... XV6A 135 On-Demand AVIATION CHARTER INC ...... ABOA 135 On-Demand MC CORMACK, JAMES G ...... FPCA 135 On-Demand DESERT SOUTHWEST AIR- JBFA 135 On-Demand B A G S INC ...... YNNA 135 On-Demand NORTH STATE AIR SERVICE NSTA 135 On-Demand LINES. BAUDETTE FLYING SERVICE BTFA 135 On-Demand INC. ELAN EXPRESS INC ...... E4EB 125 Air Operator INC. ORION AVIATION L L C ...... O5RA 135 On-Demand HELI USA AIRWAYS INC ...... S9HA 135 On-Demand BRAINERD HELICOPTER BRNA 135 On-Demand SEAFLIGHT L L C ...... S08A 135 On-Demand IMPERIAL PALACE AIR LTD ... IPEM 125 Air Operator SERVICE INC. SEQUIN ENTERPRISES INC ... O5NA 135 On-Demand KING AIRELINES INC ...... KNFA 135 On-Demand ELMO AIR CENTER INC ...... CPGA 135 On-Demand SOUTHEAST AIR CHARTER ZQUA 135 On-Demand LAKE MEAD AIR INC ...... DOQA 135 On-Demand GENERAL AVIATION SERV- GVKA 135 On-Demand INC. NATIONAL AIRLINES INC ...... N8TA 121 Domestic/Flag ICES INC. TRADEWINDS AIRLINES INC .. WRNA 121 Supplemental ROSS, THOMAS C ...... TCRA 135 On-Demand GUNDERSON, GREGORY KWJA 135 On-Demand TRIANGLE AIR SERVICE LLC T15A 135 On-Demand SEVEN DELTA ROMEO ...... N9DA 135 On-Demand RAHN. ASHEVILLE AIR CHARTER INC X26A 135 On-Demand SUNDANCE HELICOPTERS KBMA 135 On-Demand HELICOPTER FLIGHT INC ...... BJDA 135 On-Demand CAROLINAS HISTORIC AVIA- I8CM 125 Air Operator INC. HORIZON AVIATION INC ...... H3ZA 135 On-Demand TION COMMISSION. NEW YORK: JW AVIATION ...... JVWA 135 On-Demand CORPORATE AIR FLEET INC SX0A 135 On-Demand ADIRONDACK AIR INC ...... AI6A 135 On-Demand MIDWEST AVIATION DIV OF SOWA 135 On-Demand PIEDMONT AIR TRANSPORT P2DB 125 Air Operator ADIRONDACK HELICOPTERS XH5A 135 On-Demand SOUTHWEST A. INC. INC. NAVAIR INC ...... N6VA 135 On-Demand PROFILE AVIATION CENTER LL0A 135 On-Demand AMERICAN COMMERCIAL EX- EUXA 135 On-Demand SCOTTS HELICOPTER SERV- CUHA 135 On-Demand INC. PRESS INC. ICE INC. SABER CARGO AIRLINES INC SBRA 135 On-Demand BIRDS SEAPLANE SERVICE BRBA 135 On-Demand SUN AMERICA LEASING YOLA 135 On-Demand SPITFIRE AVIATION INC ...... S1FA 135 On-Demand INC. CORP. U S AVIATION L L C ...... D4KA 135 On-Demand G K W LEASING CORP ...... WNXA 135 On-Demand TACONITE AVIATION INC ...... BCRA 135 On-Demand US HELICOPTERS INC ...... USXA 135 On-Demand HELICORP INC ...... T4JA 135 On-Demand THUNDERBIRD AVIATION INC TBDA 135 On-Demand NORTH DAKOTA: LAKE PLACID AIRWAYS INC .. BPYA 135 On-Demand MISSOURI: CAPITAL AVIATION CORPORA- CTQA 135 On-Demand PANDA AIR LTD ...... PD9A 135 On-Demand A–1 AIR CARRIERS INC ...... JKNA 135 On-Demand TION. TEAM AIR INC ...... QTZA 135 On-Demand AEROFLITE INC ...... X76A 135 On-Demand EXECUTIVE AIR TAXI CORP .. CTYA 135 On-Demand AVIATION RESOURCES INC ... KR7A 135 On-Demand BROOKS INTERNATIONAL B42A 135 On-Demand FOSS AND MEIER INC ...... CTIA 135 On-Demand EAST COAST AVIATION SERV- ECAA 135 On-Demand AVIATION. GFK FLIGHT SUPPORT INC .... G7FA 135 On-Demand ICES LTD. C A LEASING INC ...... C18A 135 On-Demand WAKEFIELD FLIGHT SERVICE CTWA 135 On-Demand M AND J AERONAUTICS 3WF M04A 135 On-Demand EXECUTIVE BEECHCRAFT STL DEBA 135 On-Demand INC. INC. INC. NEBRASKA: NORTHEASTERN AVIATION AOYA 135 On-Demand MC CORMICK AVIATION INC .. M81A 135 On-Demand ENGLES AIRCRAFT INC ...... JGXA 135 On-Demand CORP. METROPOLITAN HELI- DFQA 135 On-Demand NEW HAMPSHIRE: T D AVIATION INC ...... TD9A 135 On-Demand COPTERS INC. AGILE AIR SERVICE INC ...... A5GA 135 On-Demand VENTURA AIR SERVICES INC APMA 135 On-Demand MID-AMERICA AVIATION INC MDDA 135 On-Demand AIR DIRECT AIRWAYS ...... DIPA 135 On-Demand WALL STREET HELICOPTERS APTA 135 On-Demand MULTI–AERO INC ...... MUIA 135 On-Demand ALLIED AIR FREIGHT INC ...... F6GA 135 On-Demand BAIR HELICOPTERS L L C .... B9NA 135 On-Demand OZARK AIR CHARTER INC .... OZ8A 135 On-Demand JET AIRWAYS INC ...... JKXA 135 On-Demand CORNING INCORPORATED .... IH1M 135 On-Demand PROVIDENCE AIRLINE CORP PTLA 121 Domestic/Flag LAKES REGION AVIATION INC L9RA 135 On-Demand COSTA, JOSEPH ...... BJGA 135 On-Demand SCOTT, MARVIN L ...... MVNA 135 On-Demand OIA AIR CORP ...... OIBA 135 On-Demand ELMIRA-CORNING AIR SERV- EL6A 135 On-Demand ST LOUIS HELICOPTER AIR- DFMA 135 On-Demand RIGHTWAY AVIATION INC ...... XWRA 135 On-Demand ICE INC. WAYS INC. SILVER RANCH AIRPARK INC FTDA 135 On-Demand GREAT CIRCLE AVIATION INC G4CA 135 On-Demand SUM AIR SERVICES INC ...... SXUA 135 On-Demand NEW JERSEY: GREAT NORTHERN CHARTER YNYA 135 On-Demand THUNDER AIR CHARTER INC T0DA 135 On-Demand ANALAR CO ...... CZIA 135 On-Demand INC. TRANS MO AIRLINES INC ..... XUIA 135 Commuters SOMERSET AIR SERVICE INC CECA 135 On-Demand MK AVMART INC ...... MK6A 135 On-Demand WEHRMAN, HOWARD Q ...... DEKA 135 On-Demand TAFT AIR INC ...... TFRA 135 On-Demand ROCHESTER AVIATION INC ... OROA 135 On-Demand AIR ONE INC ...... ONNA 135 On-Demand BERLIN AIRLIFT HISTORICAL BF0M 125 Air Operator TAYLOR AVIATION INC ...... T5YA 135 On-Demand CROUGH AG AVIATION ...... CRHA 135 On-Demand FOUNDATION. WELLSVILLE FLYING SERVICE BJEA 135 On-Demand D AND D AVIATION INC ...... DOZA 135 On-Demand EQUIPMNENT SUPPLY CO EQ6A 135 On-Demand INC. DE JARNETTE, RONALD W SR DJMA 135 On-Demand INC. NEW ENGLAND HELICOPTER UITA 135 On-Demand EXECUTIVE BEECHCRAFT INC AKGA 135 On-Demand GPI AVIATION INC ...... DINA 135 On-Demand INC. PRO FLIGHT AIR INC ...... JDZA 135 On-Demand HOBAN HELICOPTERS INC .... H4FA 135 On-Demand TOTAL FLIGHT MANAGEMENT TFMA 135 On-Demand SAVE A CONNIE INC ...... S80M 125 Air Operator O’BRIEN AVIATION INC ...... DIZA 135 On-Demand INC. TABLE ROCK HELICOPTERS TQBA 135 On-Demand PEN TURBO INC ...... NW6M 125 Air Operator LEBANON AIRPORT DEVEL- IGZA 135 On-Demand INC. ROYAL AIR INC ...... RA0A 135 On-Demand OPMENT CORP. TIG–AIR AVIATION INC ...... AKFA 135 On-Demand SKYWAYS EXPRESS INC ...... S9XA 135 On-Demand OHIO: MISSISSIPPI: KIWI INTERNATIONAL HOLD- K3HA 121 Domestic/Flag SEYON AVIATION INC ...... HRZA 135 On-Demand APOLLO AVIATION CO INC .... QAIA 135 On-Demand INGS INC. CORPORATE WINGS SERV- DJFA 135 On-Demand HIGHER EDUCATION INC ...... F95A 135 On-Demand LIBERTY HELICOPTERS INC .. MHIA 135 On-Demand ICES CORPORATION. JACKSON AIR CHARTER INC JC9A 135 On-Demand SCHIAVONE CONSTRUCTION BKRA 135 On-Demand ALL STAR HELICOPTERS INC MG7A 135 On-Demand MERCURY AVIATION INC ...... MSQA 135 On-Demand CO. BROOKVILLE AIR PARK INC .. CVXA 135 On-Demand October 5, 1999 CONGRESSIONAL RECORD — SENATE S11927 FAA FLIGHT STANDARDS SERVICE—YEAR 2000 READI- FAA FLIGHT STANDARDS SERVICE—YEAR 2000 READI- FAA FLIGHT STANDARDS SERVICE—YEAR 2000 READI- NESS QUESTIONNAIRE NON-RESPONDENTS LIST—Con- NESS QUESTIONNAIRE NON-RESPONDENTS LIST—Con- NESS QUESTIONNAIRE NON-RESPONDENTS LIST—Con- tinued tinued tinued [As of October 4, 1999] [As of October 4, 1999] [As of October 4, 1999]

State and company name Designator Aggregate State and company name Designator Aggregate State and company name Designator Aggregate

CIN–AIR LP ...... CYWA 135 On-Demand INNOVATIVE AIR HELICOPTER I3HA 135 On-Demand BATTLES, RICHARD ...... ZEGA 135 On-Demand D AND K AVIATION INC ...... D05A 135 On-Demand INC. EASTERLING, ELLIS R III AND EEMA 135 On-Demand DIRECT AIR SERVICE ...... D5AA 135 On-Demand LEADING EDGE AVIATION INC LE7A 135 On-Demand MELODI J. JET AIR INC ...... CWUA 135 On-Demand LR SERVICES INC ...... CERA 135 On-Demand GILDING, BERNARD ...... FLDA 135 On-Demand NORTHERN AIRMOTIVE CORP NAQA 135 On-Demand MARC FRUCHTER AVIATION CDKA 135 On-Demand MIDSOUTH AVIATION ALLI- M4DA 135 On-Demand SUNBIRD AIR SERVICES INC CWTA 135 On-Demand INC. ANCE CORP. AEROHIO AVIATION COR- O5HA 135 On-Demand TECH AVIATION SERVICE INC TVMA 135 On-Demand RICHARDS AVIATION INC ...... FLHA 135 On-Demand PORATION. BRANDYWINE HELICOPTERS YWIA 135 On-Demand SOUTHERN FLYING SERVICE YZLA 135 On-Demand AIR CAMIS INC ...... CMRA 135 On-Demand DECK, CLYDE E ...... AHBA 135 On-Demand SWOR AVIATION ...... SVKA 135 On-Demand AIR Z FLYING SERVICE INC .. ZFDA 135 On-Demand JOHNSTON, CRAIG J ...... JZQA 135 On-Demand MONARCH AIRCRAFT INC ..... M3AM 125 Air Operator AIRWOLF HELICOPTERS INC A4WA 135 On-Demand MILLS BROTHERS AVIATION M2BA 135 On-Demand TEXAS: AVIATION PROFESSIONALS P65A 135 On-Demand OAK RIDGE AVIATION ...... HVGA 135 On-Demand GE CAPITAL AVIATION SERV- G8EM 125 Air Operator INC. THOROUGHBRED AVIATION TH8A 135 On-Demand ICES INC. CASTLE AVIATION INC ...... CSJA 135 On-Demand LTD. JULIES AIRCRAFT SERVICE JULA 135 On-Demand CORPORATE WINGS INC ...... DSEA 135 On-Demand HELICOPTER SERVICES INC HRVA 135 On-Demand INC. KEMPTHORN INC ...... K2MA 135 On-Demand KEYSTONE HELICOPTER EGRA 135 On-Demand AEROVATION INC ...... QIAA 135 On-Demand PEREGRINE AVIATION INC .... PGNA 135 On-Demand CORP. BIG SKY AIR INC ...... 1YBM 125 Air Operator PILOT MANAGEMENT INCOR- GKHA 135 On-Demand NORTHEAST AIRCRAFT NYIA 135 On-Demand C AND S AVIATION LTD ...... C4SA 135 On-Demand PORATED. CHARTER INC. CHAMPIONSHIP AIRWAYS ..... MV9B 125 Air Operator WHITE AIR INC ...... DTCA 135 On-Demand STERLING CORP ...... JQVA 135 On-Demand CHERRY-AIR INC ...... CEDA 135 On-Demand WINNER AVIATION CORPORA- W3NA 135 On-Demand UNIVERSITY FLIGHT SERV- U44A 135 On-Demand DYNAMIC VENTURES INC ..... DYMA 135 On-Demand TION. ICES. EXECUTIVE AIRE EXPRESS E18A 135 On-Demand CVG AVIATION INC ...... CVGA 135 On-Demand PUERTO RICO: INC. OKLAHOMA: AIR BORINQUEN INC ...... B26A 135 On-Demand EXECUTIVE AIRLINES COM- E4LA 135 On-Demand AIR FLITE INC ...... IEEA 135 On-Demand AIR CALYPSO INC ...... Y3CA 135 On-Demand PANY INC. CENTRAL AIR SOUTHWEST ZJWA 135 On-Demand AIR CARGO NOW ...... C3QA 135 On-Demand FORENSIC SERVICES INC ..... IDWA 135 On-Demand INC. AIR CAROLINA INC ...... OAWA 135 On-Demand G T A INVESTMENTS INC ...... XGNA 135 On-Demand CORPORATE AVIATION SERV- HGTA 135 On-Demand AIR CHARTER INC ...... UOIA 135 On-Demand HALL AIRWAYS INC ...... H05A 135 On-Demand ICES INC. AIR CULEBRA INC ...... I1CA 135 On-Demand J O H AIR INC ...... KVDA 135 On-Demand CORPORATE HELICOPTERS ... CXEA 135 On-Demand AIR EXECUTIVE INC ...... E82A 135 On-Demand MARTINAIRE EAST INC ...... MAQA 135 On-Demand D AND D AVIATION INC ...... DQUA 135 On-Demand AIR MANGO LTD ...... A1NA 135 On-Demand MARTINAIRE INC ...... MT9A 135 On-Demand DOWNTOWN AIRPARK INC .... VR1A 135 On-Demand AIR SUNSHINE INC ...... RSHA 135 Commuters NORTHERN AIR INC ...... N6TM 125 Air Operator ECKLES AIRCRAFT CO ...... E8AA 135 On-Demand AMY AIR ...... I5RA 135 On-Demand OMNIFLIGHT HELICOPTERS RMXA 135 On-Demand FALCON AIR CHARTERS LLC F1CA 135 On-Demand BENITEZ, PEDRO FELICIANO HREA 135 On-Demand INC. H L K ENTERPRISES INC ...... H7KA 135 On-Demand CARIBBEAN HELICORP ...... C26A 135 On-Demand STANLEY, JACKY GLEN ...... QJGA 135 On-Demand INTERNATIONAL BUSINESS HMNA 135 On-Demand CITY WINGS INC ...... W5NA 135 On-Demand TXI AVIATION INC ...... GQRA 135 On-Demand AIRCRAFT INC. COPTERS CORP ...... IJKA 135 On-Demand EXPRESS ONE INTER- EISA 121 Supplemental JOHNSON, J P ...... HFXA 135 On-Demand CORPORATE AIR CHARTER QOAA 135 On-Demand NATIONAL INC. LITCHFIELD FLYING LTD ...... LFQA 135 On-Demand INC. LEGEND AIRLINES INC ...... L1GA 121 Domestic/Flag T S P INC ...... VXIA 135 On-Demand DIAZ AVIATION CORP ...... FITA 135 On-Demand ACUNA, EDWARD SR ...... GWLA 135 On-Demand TULSAIR BEECHCRAFT INC ... HMGA 135 On-Demand DODITA AIR CARGO INC ...... WNRB 125 Air Operator AIR AMERICA JET CHARTER VKMA 135 On-Demand OREGON: FAJARDO AIR EXPRESS INC .. C7JA 135 On-Demand INC. ADVANCED AVIATION SYS- GDAA 135 On-Demand FC AIR INC ...... XFIA 135 On-Demand AIR CHARTERS INC ...... YWGA 135 On-Demand TEMS CORP. ICARUS CARIBBEAN CORP ... IISA 135 On-Demand AIR ROUTING INTERNATIONAL VRIA 135 On-Demand AERIAL PHOTOGRAPHY AND P35A 135 On-Demand ISLA GRANDE FLYING FHSA 135 On-Demand CORP. SURVEILLANCE CO INC. SCHOOL AND SERVI. ARAMCO ASSOCIATED CO .... ASCB 125 Air Operator ISLA NENA AIR SERVICE INC IN9A 135 On-Demand AIR CHARTERS OF OREGON LNFA 135 On-Demand M AND N AVIATION ...... XXDA 135 On-Demand BASEOPS INTERNATIONAL UBIA 135 On-Demand AVIA FLIGHT SERVICES INC .. GPQA 135 On-Demand MBD CORP ...... FIUA 135 On-Demand INC. BERTEA AVIATION INC ...... GMDA 135 On-Demand PEREZ, LUIS A ...... A6PA 135 On-Demand EVERGREEN HELICOPTERS EGIA 135 On-Demand BUSWELL AVIATION INC ...... KCZA 135 On-Demand PRO-AIR INC ...... POEA 135 On-Demand INTERNATIONAL INC. C AND C AVIATION INC ...... MGLA 135 On-Demand PRO-AIR SERVICES ...... FHFA 135 On-Demand EXECUTIVE AIR CHARTER ..... E1XA 135 On-Demand DESERT AIR NORTH WEST .... R7WA 135 On-Demand PUERTO RICO AIRWAYS ...... P8YA 121 Domestic/Flag HUTCH AVIATION CENTER XYGA 135 On-Demand E–3 HELICOPTERS INC ...... D2EA 135 On-Demand ROBLEX AVIATION COMPANY R8XA 135 On-Demand INC. EMANUEL HOSPITAL ...... LOVA 135 On-Demand SAN JUAN JET CHARTER INC XJUA 135 On-Demand JMC AVIATION INC ...... J3CA 135 On-Demand ERICKSON, JACK ...... J8KM 135 On-Demand VIEQUES AIR LINK INC ...... VLIA 135 Commuters P K CHARTER INC ...... PKCA 135 On-Demand GOLDEN EAGLE HELI- GDCA 135 On-Demand RHODE ISLAND: PROJECT ORBIS INC ...... POIM 125 Air Operator COPTERS INC. AQUIDNECK AVIATION INC .... UU7A 135 On-Demand SALAIKA, TIMOTHY ALBERT .. GWHA 135 On-Demand GRAYBACK AVIATION INC ..... YGBA 135 On-Demand RLV INDUSTRIES INC ...... R5VA 135 On-Demand TEM-KIL COMPANY INC ...... TK8A 135 On-Demand H AND H AVIATION INC ...... OHGA 135 On-Demand SOUTH CAROLINA: THUNDERBIRD AIRWAYS INC T4BA 135 On-Demand HAGGLUND, CARL D ...... GLGA 135 On-Demand ACE AVIATION ...... A8CA 135 On-Demand WESTERN AIRWAYS ...... WAIA 135 On-Demand HELI–JET CORP ...... GDMA 135 On-Demand AIRSTREAM AVIATION INC .... HX0A 135 On-Demand CONFEDERATE AIR FORCE ... CAFM 125 Air Operator HENDERSON AVIATION CO .... GCMA 135 On-Demand ANDERSON AVIATION INC ..... FEAA 135 On-Demand JETMAN L C ...... JM0A 135 On-Demand HERMISTON AVIATION INC .... JAXA 135 On-Demand ARDALL INC ...... FEJA 135 On-Demand WESTERN AIR EXPRESS INC WX5A 135 On-Demand HILLSBORO AVIATION INC .... LJEA 135 On-Demand CAROLINA AIR SERVICES INC C7AA 135 On-Demand HALLIBURTON CO ...... LXNM 125 Air Operator HOOD RIVER AIRCRAFT INC GEUA 135 On-Demand CRACKER BOX CORPORA- X8BA 135 On-Demand ADVANTAGE AIR CHARTER YDVA 135 On-Demand HORIZONS UNLIMITED AIR HXUA 135 On-Demand TION. INC. INC. EAGLE AVIATION INC ...... FEHA 135 On-Demand HELICOPTER EXPERTS INC ... H2EA 135 On-Demand J C SQUARED INC ...... QJUA 135 On-Demand SINTRAIR INC ...... I5SA 135 On-Demand JARRALL GABRIEL AIRCRAFT HKJA 135 On-Demand KEENAN, JOSEPH E AND WPIA 135 On-Demand SPECIAL SERVICES COR- Z3SA 135 On-Demand CHARTER COMPANY INC. LORI L. PORATION. MCCREERY AVIATION CO INC HLFA 135 On-Demand KENDALL, STANLEY F ...... S39A 135 On-Demand STEVENS AVIATION INC ...... VIBA 135 On-Demand SAN ANTONIO PIPER INC ...... MMPA 135 On-Demand NINE FOUR TWO THREE TRDA 135 On-Demand SYSTEMS SOFT INC ...... C2BA 135 On-Demand SIERRA INDUSTRIES— UVFA 135 On-Demand CHARLIE INC. TYLER AVIATION INC ...... FEFA 135 On-Demand UVALDE FLIGHT CENTER. OMNI INC ...... OMNA 135 On-Demand WHITES AVIATION INC ...... FERA 135 On-Demand TEXAS AMERICAN AIRCRAFT T3XA 135 On-Demand PACIFIC FLIGHTS INC ...... GCZA 135 On-Demand SOUTH DAKOTA: SALES INC. PACIFIC GAMBLE ROBINSON GLWA 135 On-Demand JOHNSON FLYING SERVICES EKWA 135 On-Demand ZESCH AIR CHARTER INC .... Z7CA 135 On-Demand CO. TENNESSEE: ARLINGTON JET CHARTER IJLA 135 On-Demand PARAMOUNT AVIATION INC ... PMTA 135 On-Demand AVERITT AIR CHARTER INC .. N9VA 135 On-Demand COMPANY INC. PREMIER JETS INC ...... CMWA 135 On-Demand C AND G AIRCRAFT SALES FKDA 135 On-Demand DAVID NICKLAS ORGAN DO6M 125 Air Operator RAINBOW HELICOPTERS INC QRNA 135 On-Demand INC. DONOR AWARENESS REESE BROTHERS OF OR- PRBA 135 On-Demand CHOO CHOO AVIATION L L C Q75A 135 On-Demand FOUNDATION INC. EGON INC. COLEMILL ENTERPRISES INC DVIA 135 On-Demand EAGLE AIR ENTERPRISES INC ELEA 135 On-Demand RELIANT AVIATION INC ...... RELA 135 On-Demand CORPORATE AIR FLEET INC VUCA 135 On-Demand HELIJET HOLDINGS INC ...... H39A 135 On-Demand SNOWY BUTTE HELICOPTERS S83A 135 On-Demand DERRYBERRY, WILLIS CLAY FJGA 135 On-Demand MONTEX DRILLING CO ...... MDCM 125 Air Operator INC. DICKSON AIR CENTER L L C D8KA 135 On-Demand NORTH CENTRAL TEXAS NXTA 135 On-Demand SOUTH COAST AVIATION INC S5OA 135 On-Demand EDWARDS AND ASSOCIATES FKFA 135 On-Demand SERVICES INC. SUNSET SCENIC FLIGHTS INC ZUNA 135 On-Demand INC. REL AVIATION MARINE ...... R6LA 135 Commuters TERRA HELICOPTERS INC ..... GKSA 135 On-Demand EXECUTIVE AIRCRAFT SERV- XEOA 135 On-Demand TEXAS AERO INC ...... GRMA 135 On-Demand THE FLIGHT SHOP INC ...... THGA 135 On-Demand ICES INC. TEXAS AIR CHARTERS INC ... GO7A 135 On-Demand TROUTDALE AVIATION INC .... TR6A 135 On-Demand FORWARD AIR INTER- L17A 135 On-Demand UTAH: WILDERNESS AIR CHARTERS WL9A 135 On-Demand NATIONAL AIRLINES INC. AERO-COPTERS OF ARIZONA DQBA 135 On-Demand INC. FOSTER AIRCRAFT INC ...... F6RA 135 On-Demand INC. BAKER AIRCRAFT INC ...... GLQA 135 On-Demand GLOBAL AIR SERVICES INC .. G8SA 135 On-Demand AIRCRAFT SPECIALITIES DQQA 135 On-Demand CIRRUS AIR L L C ...... C58A 135 On-Demand GRAHAM, HAROLD ...... G3HA 135 On-Demand COMPANY. EAGLE CAP AVIATION INC .... YYEA 135 On-Demand HELICOPTER CORPORATION NZCA 135 On-Demand DESERT AIR TRANSPORT INC D7TA 135 On-Demand PENNSYLVANIA NCA: OF AMERICA. DINALAND AVIATION INC ...... DYSA 135 On-Demand AERO EXECUTIVE SERVICES XE8A 135 On-Demand MAYES, NORMAN C ...... DVQA 135 On-Demand GREAT WESTERN AVIATION DPOA 135 On-Demand INC. PROFESSIONAL AIR CHARTER OYPA 135 On-Demand INC. DAVISAIR INC ...... DV7A 135 On-Demand INC. HELOWOOD HELICOPTERS DYWA 135 On-Demand DELLARIA AVIATION INC ...... VJTA 135 On-Demand SILVER AVIATION INC ...... GJSA 135 On-Demand INC. EASTERN MEDI-VAC INC ...... VAJA 135 On-Demand SPRAY, CARL ...... FJXA 135 On-Demand KOLOB CANYONS AIR SERV- K51A 135 On-Demand LAUREL AVIATION INC ...... L6VA 135 On-Demand WINGS OF EAGLES AIR WE8A 135 On-Demand ICES L L C. PENN AIR INC ...... BCBA 135 On-Demand SERVICE INC. MIDWAY AVIATION INC ...... MZQA 135 On-Demand PRIMEAIR INC ...... P67A 135 On-Demand XPRESS AIR INC ...... XIGA 135 On-Demand RICHARDS, BEN JAMES ...... DQMA 135 On-Demand PRO FLIGHT CENTER INC ..... P6GA 135 On-Demand AIR NORTH LTD ...... A9NA 135 On-Demand RIVERS AVIATION INC ...... DD7A 135 On-Demand SCAIFE FLIGHT OPERATIONS RJBM 125 Air Operator AMERICAN HEALTH AVIATION A8HA 135 On-Demand SCENIC AVIATION INC ...... DYVA 135 On-Demand GRANITE SALES INC ...... KT7A 135 On-Demand INC. SLICKROCK AIR GUIDES INC S2GA 135 On-Demand S11928 CONGRESSIONAL RECORD — SENATE October 5, 1999 FAA FLIGHT STANDARDS SERVICE—YEAR 2000 READI- FAA FLIGHT STANDARDS SERVICE—YEAR 2000 READI- don’t comply, you don’t fly. The FAA NESS QUESTIONNAIRE NON-RESPONDENTS LIST—Con- NESS QUESTIONNAIRE NON-RESPONDENTS LIST—Con- will have the authority to keep you tinued tinued grounded. [As of October 4, 1999] [As of October 4, 1999] Air carriers do business not by right, but by privilege. Most fulfill their re- State and company name Designator Aggregate State and company name Designator Aggregate sponsibilities with distinction, offering TRANS WEST AIR SERVICES TV0A 135 On-Demand KENNEWICK AIRCRAFT SERV- K3WA 135 On-Demand services unmatched by any country on INC. ICES INC. W ENTERPRISE HELICOPTERS W9EA 135 On-Demand LAKE CHELAN AIR SERVICE LCCA 135 On-Demand the face of this Earth. VIRGINIA: INC. Since the Y2K noncompliance of air LINE POWER MANUFAC- FJDA 135 On-Demand MIDSTATE AVIATION INC ...... GGUA 135 On-Demand TURING CORP. NOLAND-DECOTO FLYING GGNA 135 On-Demand carriers may raise safety issues, Con- AEROMANAGEMENT FLIGHT X58A 135 On-Demand SERVICE INC. gress must ensure that the privilege of SERVICES INC. OKANOGAN AIR SERVICE INC GGDA 135 On-Demand BLUE RIDGE AERO SERVICE B8OM 125 Air Operator POPE, JAMES R ...... GGVA 135 On-Demand possessing a certificate can be with- AIR GERONIMO CHARTER C8PA 135 On-Demand RMA INC ...... VVRA 135 On-Demand drawn from carriers and manufacturers INC. SKYRUNNERS CORP ...... SKQA 135 On-Demand CHESAPEAKE AVIATION INC .. CRGA 135 On-Demand THOMAS, CHARLES R ...... GFXA 135 On-Demand that fail to give their regulator, the COMFORT AVIATION SERV- H54A 135 On-Demand PACIFIC NORTHWEST HELI- PNGA 135 On-Demand FAA, the information that is central to ICES INC. COPTERS INC. COMMONWEALTH AVIATION VXWA 135 On-Demand NOBLE AIR INC ...... NB9A 135 On-Demand the safety of the flying public. This SERVICE INC. WISCONSIN: amendment does just that. We hope it EXECUTIVE AIR INC ...... BHVA 135 On-Demand AIR CARGO CARRIERS INC ... DATA 135 On-Demand INTERNATIONAL JET CHAR- IJ9M 125 Air Operator AIR CHARTER LTD ...... A3CA 135 On-Demand spurs these carriers and manufacturers TER INC. AIR RESOURCE INC ...... UROA 135 On-Demand to respond to the survey before Novem- INTERNATIONAL JET CHAR- UIJA 135 On-Demand GAIL FORCE CORPORATION .. QGKA 135 On-Demand TER INC. GROSS, KURT R ...... W9SA 135 On-Demand ber 1, and we know it will reassure the SAKER, WILLIAM G ...... JPCA 135 On-Demand KENDALL, TERRY A ...... K3FA 135 On-Demand public about the safety of the aviation SOUTHERN VIRGINIA AVIA- S2VA 135 On-Demand MAGNUS AVIATION INC ...... AYQA 135 On-Demand TION INC. MAXAIR INC ...... MAXA 135 On-Demand system as we enter this new millen- UNITED AIR SERVICES CO .... UNAA 135 On-Demand MILWAUKEE GENERAL AVIA- OWWA 135 On-Demand nium, just 87 days away. VALLEY AIR INC ...... VA7A 135 On-Demand TION INC. AIR AMERICAN SUPPORT INC B38M 125 Air Operator ROESSEL AVIATION INC ...... QROA 135 On-Demand I urge the adoption of the amend- DORNIER AVIATION NORTH D9AM 125 Air Operator SELECT LEASING INC ...... J13M 125 Air Operator ment and yield the floor. AMERICA INC. SKYTRANS AVIATION INC ...... S02A 135 On-Demand MERCY MEDICAL AIRLIFT ..... MYHA 135 On-Demand STATE OF WISCONSIN DE- ZWSA 135 On-Demand The PRESIDING OFFICER. The Sen- OC INC ...... X20A 135 On-Demand PARTMENT OF ADMINIS- ator from West Virginia. SAAB AIRCRAFT OF AMERICA S4RM 125 Air Operator TRATION. INC. T AND J AVIATION CO INC .... DAZA 135 On-Demand Mr. ROCKEFELLER. Mr. President, VIRGIN ISLANDS: TRANS NORTH AVIATION LTD EBFA 135 On-Demand the chairman of the full committee is ACE FLIGHT CENTER ...... JLZA 135 On-Demand NAE INC ...... NE9A 135 On-Demand ATLANTIC AIRCRAFT INC ...... X25M 125 Air Operator WEST VIRGINIA: here. On the Democratic side, the CLAIR AERO ...... EO7A 135 On-Demand EXECUTIVE AIR TERMINAL E96A 135 On-Demand amendment is acceptable, and I believe CORPORATE CHARTER SERV- C6CA 135 On-Demand INC. ICE INC. FRED L HADDAD INC ...... HDZA 135 On-Demand that is the case on the Republican side, DOMTRAVE AIRWAYS INC ..... FINA 135 On-Demand GREENBRIER VALLEY AVIA- BYWA 135 On-Demand but I will let the chairman of the full FOUR STAR AVIATION INC .... FHCA 135 On-Demand TION INC. FRESH AIR INC ...... F6AB 125 Air Operator HELICOPTER FLITE SERVICES BXOA 135 On-Demand committee speak for himself. ISLAND AIR CHARTERS INC .. I5AA 135 On-Demand INC. The PRESIDING OFFICER. The Sen- PREMIER AIRWAYS INC ...... PI7A 135 On-Demand JEDA INC ...... EJDA 135 On-Demand ROI INC ...... R6IA 135 On-Demand RADER AVIATION INC ...... BXSA 135 On-Demand ator from Arizona. SHILLINGFORD, CLINTON K ... FHVA 135 On-Demand STONE RIVER LLC ...... B9ZA 135 On-Demand Mr. MCCAIN. Mr. President, I thank ST JOHN SEAPLANE INC ...... S2JA 135 On-Demand WYOMING: the Senator from Connecticut for his VIRGIN AIR INC ...... VAIA 135 Commuters AIR CAROLINA INC ...... TB7A 135 On-Demand WRA INC ...... FOWA 135 On-Demand BIGHORN AIRWAYS INC ...... BIGA 135 On-Demand usual perspective on an important VERMONT: CASPER AIR SERVICE INC .... CBCA 135 On-Demand issue that had escaped the attention of VALLEY AIR SERVICES INC ... IGXA 135 On-Demand FLIGHTLINE AVIATION SERV- F3NA 135 On-Demand WASHINGTON: ICES INC. this committee, and it is an important ALASKAS WILDERNESS AIWC 135 On-Demand FRANKLIN AVIATION INC ...... FK9A 135 On-Demand issue. His involvement in the Y2K issue LODGE INC. HAWKINS AND POWERS BZBA 135 On-Demand AEROCOPTERS INC ...... GKDA 135 On-Demand AVIATION INC. clearly indicates he is qualified to dis- AIR RAINIER INC ...... R5IA 135 On-Demand POWERS AND HAWKINS PHEB 125 Air Operator cuss this issue, and this amendment AIRPAC AIRLINES INC ...... APCA 135 On-Demand ENTERPRIZES. COOL AIR INC ...... CJOA 135 On-Demand SHANE, RONALD A AND BYYA 135 On-Demand will be extremely helpful. I thank the DAVIS AVIATION INC ...... XZDA 135 On-Demand SHARON L. Senator from Connecticut. ERICKSON AVIATION ...... E4SA 135 On-Demand SKULL CREEK AIR SERVICE UKLA 135 On-Demand GALVIN FLYING SERVICE INC HUNA 135 On-Demand SKY AVIATION CORP ...... BZHA 135 On-Demand I believe there is no further debate on HALEY, JOSEPH R ...... OF7A 135 On-Demand the amendment. HANSON, ROGER D ...... O9AA 135 On-Demand HELICOPTER CONSULTANTS H89A 135 On-Demand Mr. DODD. Mr. President, lastly, all The PRESIDING OFFICER. The INC. of us have a sense of responsibility to question is on agreeing to the amend- JEM INVESTMENTS INC ...... O4CM 125 Air Operator LUDLOW AVIATION INC ...... HUMA 135 On-Demand our constituents and the people of this ment. METHOW AVIATION INC ...... GGPA 135 On-Demand country to act when we have informa- The amendment (No. 2241), as modi- NATIONAL CHARTER NET- NCRA 135 On-Demand WORK INC. tion that raises concerns about the fied, was agreed to. NATURES DESIGNS INC ...... V5IA 135 On-Demand safety of an industry over this new mil- Mr. DODD. Mr. President, I move to NORTHERN TIER AIRLINES NOQA 135 On-Demand INC. lennium period. Since so many air car- reconsider the vote. NORTHWEST HELICOPTERS NTWA 135 On-Demand riers did not respond to the FAA sur- Mr. MCCAIN. I move to lay that mo- INC. PACKARD, THOMAS G ...... TCZA 135 On-Demand vey, I have unanswered questions about tion on the table. PAVCO INC ...... PVCA 135 On-Demand the safety of these companies to which The motion to lay on the table was PHX INC ...... GHCA 135 On-Demand PUGET SOUND AIR COURIER P84A 135 On-Demand we deserve the answers. The irrespon- agreed to. RITE BROS AVIATION INC ..... RTEA 135 On-Demand sibility of these carriers and companies Mr. MCCAIN. Mr. President, for the ROGERS, RICHARD O ...... IRTA 135 On-Demand SNOHOMISH FLYING SERVICE GIQA 135 On-Demand that fail to respond prompts me to benefit of my colleagues, we are work- INC. offer this amendment which I have al- ing through most of the amendments. SPORTCO INVESTMENTS II OB7M 125 Air Operator INC. ready sent to the desk on behalf of Sen- We are close except for a couple. We VULCAN NORTHWEST INC ..... VN8M 125 Air Operator ator BENNETT, myself, Senator MCCAIN, have a number that have been agreed WEST ISLE AIR INC ...... HUFA 135 Commuters WINGS ALOFT INC ...... GHAA 135 On-Demand Senator HOLLINGS, and Senator ROCKE- to. I would like to clear some that have AIRCRAFT SPECIALITIES LTD GLSA 135 On-Demand FELLER. been agreed to by both sides. EVANS, JOHN F AND GKPA 135 On-Demand GRATZER, DAREL. We realize the FAA already has the AMENDMENT NO. 2256 KELSO FLIGHT SERVICE INC K5FA 135 On-Demand authority to suspend a carrier’s flying KOLBE, BARRY J ...... LJOA 135 On-Demand (Purpose: to establish a commission to study MT ADAMS LUMBER COM- GEGA 135 On-Demand privileges under appropriate cir- the airline industry and to recommend PANY INC. cumstances. With this proposal, we policies to ensure consumer information ARCHER AVIATION INC ...... KWYA 135 On-Demand BERGSTROM AIRCRAFT INC GMOA 135 On-Demand want to make it explicit that Y2K non- and choice) COMMANDER NORTHWEST CMMA 135 On-Demand compliance is one of those cir- Mr. MCCAIN. Mr. President, I send to LTD. EAGLE HELICOPTERS INC ..... IOAA 135 On-Demand cumstances. Under the amendment, the desk an amendment on behalf of EVANS AVIATION INC ...... EAIB 125 Air Operator any air carrier that does not respond Senator BURNS and Senator ASHCROFT. FALCON WEST HELICOPTERS OFWA 135 On-Demand INC. by November 1 to the FAA’s request for The PRESIDING OFFICER. Without FELTS FIELD AVIATION INC ... GFVA 135 On-Demand information about their Y2K status objection, the clerk will report the INLAND NORTHWEST HELI- I7HA 135 On-Demand COPTERS L L C. may be required to surrender its oper- amendment. INTER-STATE AVIATION INC .. GGSA 135 On-Demand ating certificate. It is simple. If you The legislative clerk read as follows: October 5, 1999 CONGRESSIONAL RECORD — SENATE S11929

The Senator from Arizona [Mr. MCCAIN], (A) The rules, regulations, policies, and (j) OBTAINING OFFICIAL DATA.—The Com- for Mr. BURNS, for himself and Mr. practices of the industry governing such sys- mission may secure directly from any de- ASHCROFT, proposes an amendment num- tems. partment or agency of the United States in- bered 2256. (B) How trends in such systems will affect formation (other than information required The amendment is as follows: consumers, including— by any statute of the United States to be (i) the effect on consumer access to flight kept confidential by such department or At the appropriate place insert: reservation information; and agency) necessary for the Commission to TITLE — (ii) the effect on consumers of the use by carry out its duties under this section. Upon SECTION 1. SHORT TITLE. the airline industry of penalties and pro- request of the Commission, the head of that This title may be cited as the ‘‘Improved motions to convince distributors to use such department or agency shall furnish such Consumer Access to Travel Information systems, and the degree of consumer aware- nonconfidential information to the Commis- Act’’. ness of such penalties and promotions. sion. (4) LEGAL IMPEDIMENTS TO DISTRIBUTORS SEC. 2. NATIONAL COMMISSION TO ENSURE CON- (k) REPORT.—Not later than 6 months after SEEKING RELIEF FOR ANTICOMPETITIVE AC- SUMER INFORMATION AND CHOICE the date on which initial appointments of IN THE AIRLINE INDUSTRY. TIONS.—The policies of the United States members to the Commission are completed, (b) ESTABLISHMENT.—There is established a with respect to the legal impediments to dis- the Commission shall transmit to the Presi- commission to be known as the ‘‘National tributors seeking relief for anticompetitive dent and Congress a report on the activities Commission to Ensure Consumer Informa- actions, including— of the Commission, including recommenda- tion and Choice in the Airline Industry’’ (in (A) Federal preemption of civil actions tions made by the Commission under sub- this section referred to as the ‘‘Commis- against airlines; and section (c)(2). (B) the role of the Department of Transpor- sion’’). (l) TERMINATION.—The Commission shall tation in enforcing rules against anti- (c) DUTIES.— terminate on the 30th day following the date competitive practices. (1) STUDY.—The Commission shall under- of transmittal of the report under subsection (e) MEMBERSHIP.— take a study of— (k). All records and papers of the Commis- (1) APPOINTMENT.—The Commission shall sion shall thereupon be delivered by the Ad- (A) consumer access to information about be composed of 15 voting members and 11 ministrator of General Services for deposit the products and services of the airline in- nonvoting members as follows: dustry; (A) 5 voting members and 1 nonvoting in the National Archives. (m) APPLICABILITY OF THE FEDERAL ADVI- (B) the effect on the marketplace on the member appointed by the President. emergency of new means of distributing such (B) 3 voting members and 3 nonvoting SORY COMMITTEE ACT.—The Federal Advisory products and services; members appointed by the Speaker of the Committee Act (5 U.S.C. App.) shall not (C) the effect on consumers of the declin- House of Representatives. apply to the Commission. ing financial condition of travel agents in (C) 2 voting members and 2 nonvoting Mr. MCCAIN. Mr. President, that the United States; and members appointed by the minority leader of amendment has been accepted by both (D) the impediments imposed by the air- the House of Representatives. sides, and there is no further debate. line industry on distributors of the indus- (D) 3 voting members and 3 nonvoting try’s products and services, including travel The PRESIDING OFFICER. Without members appointed by the majority leader of objection, the amendment is agreed to. agents and Internet-based distributors. the Senate. (2) POLICY RECOMMENDATIONS.—Based on (E) 2 voting members and 2 nonvoting The amendment (No. 2256) was agreed the results of the study described in para- members appointed by the minority leader of to. graph (1), the Commission shall recommend the Senate. AMENDMENT NO. 1925 to the President and Congress policies nec- (2) QUALIFICATIONS.—Voting members ap- (Purpose: expressing the sense of the Senate essary to— pointed under paragraph (1) shall be ap- concerning air traffic over northern Dela- (A) ensure full consumer access to com- pointed from among individuals who are ex- ware) plete information concerning airline fares, perts in economics, service product distribu- Mr. MCCAIN. Mr. President, on be- routes, and other services; tion, or transportation, or any related dis- half of Senator ROTH, I send amend- (B) ensure that the means of distributing cipline, and who can represent consumers, the products and services of the airline in- passengers, shippers, travel agents, airlines, ment No. 1925 to the desk and ask for dustry, and of disseminating information or general aviation. its immediate consideration. about such products and services, is ade- (3) TERMS.—Members shall be appointed for The PRESIDING OFFICER. Without quate to ensure that competitive informa- the life of the Commission. objection, the clerk will report. tion is available in the marketplace; (4) VACANCIES.—A vacancy in the Commis- The legislative clerk read as follows: (C) ensure that distributors of the products sion shall be filled in the manner in which The Senator from Arizona [Mr. MCCAIN], and services of the airline industry have ade- the original appointment was made. for Mr. ROTH, proposes an amendment num- quate relief from illegal, anticompetitive (5) TRAVEL EXPENSES.—Members shall bered 1925. practices that occur in the marketplace; and serve without pay but shall receive travel ex- (D) foster healthy competition in the air- penses, including per diem in lieu of subsist- The amendment is as follows: line industry and the entry of new entrants. ence, in accordance with subchapter I of At the appropriate place, insert the fol- (d) SPECIFIC MATTERS TO BE ADDRESSED.— chapter 57 of title 5, United States Code. lowing new section: In carrying out the study authorized under (6) CHAIRPERSON.—The President, in con- SEC. ll. EXPRESSING THE SENSE OF THE SEN- subsection (c)(1), the Commission shall spe- sultation with the Speaker of the House of ATE CONCERNING AIR TRAFFIC cifically address the following: Representatives and the majority leader of OVER NORTHERN DELAWARE. (1) CONSUMER ACCESS TO INFORMATION.— the Senate, shall designate the Chairperson (a) DEFINITION.—The term ‘‘Brandywine With respect to consumer access to informa- of the Commission (referred to in this Act as Intercept’’ means the point over Brandywine tion regarding the services and products of- the ‘‘Chairperson’’) from among its voting Hundred in northern Delaware that pilots fered by the airline industry, the following: members. use for guidance and maintenance of safe op- (A) The state of such access. (f) COMMISSION PANELS.—The Chairperson eration from other aircraft and over which (B) The effect in the 5-year period fol- shall establish such panels consisting of vot- most aircraft pass on their East Operations lowing the date of the study of the making of ing members of the Commission as the approach to Philadelphia International Air- alliances in the airline industry. Chairperson determines appropriate to carry port. (C) Whether and to what degree the trends out the functions of the Commission. (b) FINDINGS.—Congress makes the fol- regarding such access will produce benefits (g) STAFF.—The Commission may appoint lowing findings: to consumers. and fix the pay of such personnel as it con- (1) The Brandywine Hundred area of New (2) MEANS OF DISTRIBUTION.—With respect siders appropriate. Castle County, Delaware serves as a major to the means of distributing the products (h) STAFF OF FEDERAL AGENCIES.—Upon re- approach causeway to Philadelphia Inter- and services of the airline industry, the fol- quest of the Commission, the head of any de- national Airport’s East Operations runways. lowing: partment or agency of the United States (2) The standard of altitude over the Bran- (A) The state of such means of distribu- may detail, on a reimbursable basis, any of dywine Intercept is 3,000 feet, with airport tion. the personnel of that department or agency scatter charts indicating that within a given (B) The roles played by travel agencies and to the Commission to assist it in carrying hour of consistent weather and visibility air- Internet-based providers of travel informa- out its duties under this section. craft fly over the Brandywine Hundred at tion and services in distributing such prod- (i) OTHER STAFF AND SUPPORT.—Upon the anywhere from 2,500 to 4,000 feet. ucts and services. request of the Commission, or a panel of the (3) Lower airplane altitudes result in in- (C) Whether the policies of the United Commission, the Secretary of Transpor- creased ground noise. States promote the access of consumers to tation shall provide the Commission or panel (c) SENSE OF THE SENATE.—It is the sense multiple means of distribution. with professional and administrative staff of the Senate that the Secretary of Trans- (3) AIRLINE RESERVATION SYSTEMS.—With and other support, on a reimbursable basis, portation should— respect to airline reservation systems, the to assist the Commission or panel in car- (1) include northern Delaware in any study following: rying out its responsibilities. of aircraft noise conducted under part 150 of S11930 CONGRESSIONAL RECORD — SENATE October 5, 1999 title 14 of the Code of Federal Regulations (B) by striking the period at the end of a grant or cooperative agreement for this required under the National Environmental clause (iv) and inserting in lieu thereof ‘‘; purpose. Nothing in this section shall require Policy Act of 1969 for the redesign of the air- and’’; and the Administrator to prioritize an airfield space surrounding Philadelphia Inter- (C) by adding at the end the following new payment research program above safety, se- national Airport; clause: curity, Flight 21, environment, or energy re- (2) study the feasibility, consistent with ‘‘(v) highlight the research and develop- search programs. safety, of placing the approach causeway for ment technology transfer activities that pro- SEC. 07. SENSE OF SENATE REGARDING PRO- Philadelphia International Airport’s East mote technology sharing among government, TECTING THE FREQUENCY SPEC- Operations over the Delaware River (instead industry, and academia through the Steven- TRUM USED FOR AVIATION COMMU- of Brandywine Hundred); and son-Wydler Technology Innovation Act of NICATION. (3) study the feasibility of increasing the 1980.’’; and It is the sense of the Senate that with the standard altitude over the Brandywine Inter- (2) in paragraph (3), by inserting ‘‘The re- World Radio Communication Conference cept from 3,000 feet to 4,000 feet. port shall be prepared in accordance with re- scheduled to begin in May, 2000, and the need quirements of section 1116 of title 31, United to ensure that the frequency spectrum avail- Mr. MCCAIN. Mr. President, this States Code.’’ after ‘‘effect for the prior fis- able for aviation communication and naviga- amendment has been agreed to by both cal year.’’. tion is adequate, the Federal Aviation Ad- sides. There is no further debate. (b) REQUIREMENT.—Not later than March 1, ministration should— The PRESIDING OFFICER. Without 2000, the Administrator of the National Aero- (1) give high priority to developing a na- objection, the amendment is agreed to. nautics and Space Administration and the tional policy to protect the frequency spec- The amendment (No. 1925) was agreed Administrator of the Federal Aviation Ad- trum used for the Global Positioning System to. ministration shall jointly prepare and trans- that is critical to aviation communications mit to the Congress an integrated civil avia- and the safe operation of aircraft; and AMENDMENT NO. 2251 tion research and development plan. (2) expedite the appointment of the United (Purpose: to restore the eligibility of reliever (c) CONTENTS.—The plan required by sub- States Ambassador to the World Radio Com- airports for Airport Improvement Program section (b) shall include— munication Conference. Letters of Intent) (1) an identification of the respective re- SEC. 08. STUDY. Mr. MCCAIN. Mr. President, I send to search and development requirements, roles, The Secretary shall conduct a study to the desk amendment No. 2251 on behalf and responsibilities of the National Aero- evaluate the applicability of the techniques of Senator ABRAHAM. nautics and Space Administration and the used to fund and administer research under The PRESIDING OFFICER. Without Federal Aviation Administration; the National Highway Cooperative Research objection, the clerk will report. (2) formal mechanisms for the timely shar- Program and the National Transmit Re- The legislative clerk read as follows: ing of information between the National Aer- search Program to the research needs of air- onautics and Space Administration and the ports. The Senator from Arizona [Mr. MCCAIN], Federal Aviation Administration; and for Mr. ABRAHAM, proposes an amendment (3) procedures for increased communica- Mr. MCCAIN. Mr. President, the numbered 2251. tion and coordination between the Federal amendment is agreed to by both sides. The amendment is as follows: Aviation Administration research advisory The PRESIDING OFFICER. Without objection, the amendment is agreed to. On page 14, strike lines 9 through 11. committee established under section 44508 of title 49, United States Code, and the NASA The amendment (No. 1909) was agreed Mr. MCCAIN. Mr. President, this Aeronautics and Space Transportation Tech- to. amendment has been agreed to by both nology Advisory Committee. AMENDMENTS NOS. 1911, 1897, 1914, 2238, EN BLOC sides, and there is no further debate. SEC. 03. INTERNET AVAILABILITY OF INFORMA- Mr. MCCAIN. Mr. President, I send The PRESIDING OFFICER. Without TION. objection, the amendment is agreed to. The Administrator of the Federal Aviation the final four amendments to the desk The amendment (No. 2251) was agreed Administration shall make available en bloc. They are amendment No. 1911 to. through the Internet home page of the Fed- on behalf of Senator FEINSTEIN, amend- eral Aviation Administration the abstracts ment No. 1897 on behalf of Senator AMENDMENT NO. 1909 relating to all research grants and awards ABRAHAM, amendment No. 1914 on be- (Purpose: to authorize the Federal Aviation made with funds authorized by the amend- half of Mr. TORRICELLI, and amendment Administration’s civil aviation research ments made by this Act. Nothing in this sec- and development programs for fiscal years No. 2238 on behalf of Senator CONRAD. I tion shall be construed to require or permit ask unanimous consent that these 2000 and 2001, and for other purposes) the release of any information prohibited by amendments be considered en bloc. Mr. MCCAIN. Mr. President, on be- law or regulation from being released to the half of myself, I send amendment No. public. The PRESIDING OFFICER. Without 1909 to the desk and ask for its imme- SEC. 04. RESEARCH ON NONSTRUCTURAL AIR- objection, it is so ordered. The clerk diate consideration. CRAFT SYSTEMS. will report the amendments en bloc. The PRESIDING OFFICER. Without Section 44504(b)(1) of title 49, United States The legislative clerk read as follows: Code, is amended by inserting ‘‘, including The Senator from Arizona [Mr. MCCAIN] objection, the clerk will report. nonstructural aircraft systems,’’ after ‘‘life The legislative clerk read as follows: proposes amendments numbered 1911, 1897, of aircraft’’. 1914, and 2238, en bloc. The Senator from Arizona [Mr. MCCAIN] SEC. 05. POST FREE FLIGHT PHASE I ACTIVI- proposes an amendment numbered 1909. TIES. The amendments are as follows: The amendment is as follows: No later than May 1, 2000, the Adminis- AMENDMENT NO. 1911 trator of the Federal Aviation Administra- At the appropriate place, insert the fol- (Purpose: To direct the Secretary of Trans- tion shall transmit to Congress a definitive portation, acting throiugh the Adminis- lowing: plan for the continued implementation of trator of the Federal Aviation Administra- TITLE —FEDERAL AVIATION RESEARCH, Free Flight Phase I operational capabilities tion, to issue regulations relating to the ENGINEERING, AND DEVELOPMENT for fiscal years 2003 through 2005. The plan outdoor air and ventilation requirements SEC. 01. AUTHORIZATION OF APPROPRIATIONS. shall include and address the recommenda- for ventilation for passenger cabins) Section 48102(a) of title 49, United States tions concerning operational capabilities for At the appropriate place, insert the fol- Code, is amended— fiscal years 2003 through 2005 due to be made lowing new section: by the RTCA Free Flight Steering Com- (1) by striking ‘‘and’’ at the end of para- SEC. ll. STUDY OF OUTDOOR AIR, VENTILA- graph (4)(J); mittee in December 1999 that was established TION, AND RECIRCULATION AIR RE- (2) by striking the period at the end of at the direction of the Federal Aviation Ad- QUIREMENTS FOR PASSENGER CAB- paragraph (5) and inserting in lieu thereof a ministration. The plan shall also include INS IN COMMERCIAL AIRCRAFT. semicolon; and budget estimates for the implementation of (a) DEFINITIONS.—In this section, the terms (3) by adding at the end the following: these operational capabilities. ‘‘air carrier’’ and ‘‘aircraft’’ have the mean- ‘‘(6) $240,000,000 for fiscal year 2000; SEC. 06. RESEARCH PROGRAM TO IMPROVE AIR- ings given those terms in section 40102 of ‘‘(7) $250,000,000 for fiscal year 2001; and FIELD PAVEMENTS. title 49, United States Code. ‘‘(8) $260,000,000 for fiscal year 2002;’’. The Administrator of the Federal Aviation (b) IN GENERAL.—As soon as practicable SEC. 02. INTEGRATED NATIONAL AVIATION RE- Administration shall consider awards to non- after the date of enactment of this section, SEARCH PLAN. profit concrete pavement research founda- the Secretary of Transportation (referred to (a) IN GENERAL.—Section 44501(c) of title tions to improve the design, construction, in this section as the ‘‘Secretary’’) shall con- 49, United States Code, is amended— rehabilitation, and repair of rigid concrete duct a study of sources of air supply con- (1) in paragraph (2)(B)— airfield pavements to aid in the development taminants of aircraft and air carriers to de- (A) by striking ‘‘and’’ at the end of clause of safer, more cost-effective, and durable air- velop alternatives to replace engine and aux- (iii); field pavements. The Administrator may use iliary power unit bleed air as a source of air October 5, 1999 CONGRESSIONAL RECORD — SENATE S11931 supply. To carry out this paragraph, the Sec- implemented to mitigate the impact of air- need for travel agents resulting in retary may enter into an agreement with the craft noise on communities surrounding air- travel agents handling nearly 90% of Director of the National Academy of ports. transactions. Sciences for the National Research Council Therefore, the travel agent system AMENDMENT NO. 2238 to conduct the study. has proven to be a key factor to the (c) AVAILABILITY OF INFORMATION.—Upon SECTION 1. SENSE OF THE SENATE. success of airline deregulation. I’m completion of the study under this section in It is the Sense of the Senate that— one year’s time, the Administrator of the (a) essential air service (EAS) to smaller afraid, however, that the demise of the Federal Aviation Administration shall make communities remains vital, and that the dif- independent travel agent would be a available the results of the study to air car- ficulties encountered by many of commu- factor of deregulation’s failure if the riers through the Aviation Consumer Protec- nities in retaining EAS warrant increased major airlines succeed in dominating tion Division of the Office of the General federal attention. the ticket distribution system. Counsel for the Department of Transpor- (b) the FAA should give full consideration Travel agents and other independent tation. to ending the local match required by Dick- distributors comprise a considerable inson, North Dakota. portion of the small business sector in AMENDMENT NO. 1897 SEC. 2. REPORT. the United States. There are 33,000 (Purpose: To provide for a General Aviation Not later than 60 days after enactment of travel agencies employing over 250,000 Metropolitan Access and Reliever Airport this legislation, the Secretary of Transpor- Grant Fund) tation shall report to the Congress with an people. Women or minorities own over At the appropriate place insert the fol- analysis of the difficulties faced by many 505 of travel agencies. lowing: smaller communities in retaining EAS and a The assault on travel agents has been SEC. . GENERAL AVIATION METROPOLITAN AC- plan to facilitate easier EAS retention. This fierce. Since 1995, commissions have CESS AND RELIEVER AIRPORT report shall give particular attention to been reduced by 30%, 14% for domestic GRANT FUND. communities in North Dakota. travel alone in 1998. Since 1995, travel (a) DEFINITION.—Title 49, United States Mr. MCCAIN. Mr. President, those agent commissions have been reduced Code, is amended by adding the following amendments are agreed to by both from an average of 10.8% to 6.9% in new section at the end of section 47144(d)(1): sides. 1998. Travel agencies are failing in ‘‘(C) GENERAL AVIATION METROPOLITAN AC- The PRESIDING OFFICER. Without record numbers. CESS AND RELIEVER AIRPORT.—‘General Avia- tion Metropolitan Access and Reliever Air- objection, the amendments are agreed Mr. President, I think it is important port’ means a Reliever Airport which has an- to en bloc. to study this issue as well as the re- nual operations in excess of 75,000 oper- The amendments (Nos. 1911, 1897, lated issues of the current state of ations, a runway with a minimum usable 1914, and 2238) were agreed to. ticket distribution channels, the im- landing distance of 5,000 feet, a precision in- Mr. BURNS. Mr. President, I rise portance of an independent system on strument landing procedure, a minimum of today to introduce an amendment to S. small, regional, start-up carriers, and 150 based aircraft, and where the adjacent 82, the Air Transport Improvement the role of the Internet. I would like to Air Carrier Airport exceeds 20,000 hours of Act. This amendment will establish a ask my colleagues to support this im- annual delays as determined by the Federal Aviation Administration.’’ commission to study the future of the portant amendment. (b) APPORTIONMENT.—Title 49, United travel agent industry and determine DEKALB-PEACHTREE AIRPORT States Code, section 47114(d), is amended by the consumer impact of airline inter- Mr. COVERDELL. Mr. President, will adding at the end: action with travel agents. the distinguished chairman of the Sen- ‘‘(4) The Secretary shall apportion an addi- Since the Airline Deregulation Act of ate Commerce Committee yield for a tional 5 percent of the amount subject to ap- 1978 was enacted, major airlines have question? portionment for each fiscal year to States controlled pricing and distribution Mr. MCCAIN. I will be happy to yield that include a General Aviation Metropoli- policies of our nation’s domestic air to the senior Senator from Georgia. tan Access and Reliever Airport equal to the Mr. COVERDELL. Mr. President, the percentage of the apportionment equal to transportation system. Over the past the percentage of the number of operations four years, the airlines have reduced DeKalb-Peachtree Airport is the second of the State’s eligible General Aviation Met- airline commissions to travel agents in busiest airport in Georgia, and this ropolitan Access and Reliever Airports com- an competitive effort to reduce costs. level of activity makes living and pared to the total operations of all General I am concerned the impact of today’s working in this area noisy and dan- Aviation Metropolitan Access and Reliever business interaction between airlines gerous. Businesses cannot expand, and Airports.’’ and travel agents may be a driving poorer residents cannot afford to move force that will force many travel until a government buy-out of these AMENDMENT NO. 1914 agents out of business. Combined with properties is completed. The Federal (Purpose: To require the Administrator of the competitive emergence of Internet Aviation Administration, commonly the Environmental Protection Agency to services, these practices may be harm- referred to as the FAA, has done stud- conduct a study on airport noise) ing an industry that employs over ies which show that increased oper- At the appropriate place in title IV, insert 250,000 Americans. ations at Dekalb-Peachtree Airport are the following: This amendment will explore these too noisy and unsafe for residents and ll SEC. 4 . STUDY. concerns through the establishment of businesses in the northern vicinity of (a) IN GENERAL.—Not later than 18 months after the date of enactment of this Act, the a commission to objectively review the the airport. While the FAA has pro- Administrator of the Environmental Protec- emerging trends in the airline ticket vided some relief and been helpful in tion Agency shall submit a study on airport distribution system. Among airline the purchasing of some homes, there noise to Congress, the Secretary of Transpor- consumers there is a growing concern needs to be a speedy conclusion to this tation, and the Administrator of the Federal that airlines may be using their mar- buy-out process in order to allow these Aviation Administration. ket power to limit how airline tickets homes and businesses to move to safer (b) AREAS OF STUDY.—The study shall are distributed. areas and give the airport the room it examine— Mr. President, if we lose our travel requires to meet an ever-increasing de- (1) the selection of noise measurement agents, we lose a competitive compo- methodologies used by the Administrator of mand. Additional FAA funding is need- the Federal Aviation Administration; nent to affordable air fare. Travel ed as soon as possible. to complete this (2) the threshold of noise at which health agents provide a much needed service task, would the Chairman be willing impacts are felt; and without, the consumer is the loser. provide additional federal funding in (3) the effectiveness of noise abatement The current use of independent travel the FAA reauthorization bill to address programs at airports around the United agencies as the predominate method to this situation? States; and distribute tickets ensures an efficient Mr. MCCAIN. I appreciate the efforts (4) the impacts of aircraft noise on stu- and unbiased source of information for of the senior Senator from Georgia on dents and educators in schools. air travel. Before deregulation, travel behalf of his constituents and for (c) RECOMMENDATIONS.—The study shall in- clude specific recommendations to the Sec- agents handled only about 40% of the bringing this matter to the attention retary of Transportation and the Adminis- airline ticket distribution system. of the Senate at the beginning of this trator of the Federal Aviation Administra- Since deregulation, the complexity of Congress. As the Senator may know, tion concerning new measures that should be the ticket pricing system created the there are a number of businesses and S11932 CONGRESSIONAL RECORD — SENATE October 5, 1999 residents located near other airports legislation and we are pleased to hear Prior to that, if it is agreeable with across the country in a similar situa- his views on this provision. Senator FITZGERALD, Senator tion to what is occurring at the Mr. BUNNING. In 1991, the Regional ASHCROFT wants to have 5 minutes to Dekalb-Peachtree Airport. The Com- Airport Authority of Louisville and make a statement. I ask unanimous merce Committee has authorized a sig- Jefferson County entered into a letter consent that prior to that, Senator nificant increase in noise mitigation of intent (LOI) with the Federal Avia- ASHCROFT have 5 minutes. funding for the FAA to address this tion Administration for funding from The PRESIDING OFFICER (Mr. GOR- problem and accelerate the buy-out the Airport Improvement Program for TON). Is there objection? Without objec- process. an ambitious expansion of the Louis- tion, it is so ordered. The Senator from Mr. COVERDELL. I thank the chair- ville Airport. The LOI was for $126 mil- Missouri is recognized. man for his assistance. My staff and I lion. When the new east runway was f look forward to working with him and completed in 1995 and ready for oper- NOMINATION OF RONNIE WHITE the junior Senator from Georgia on ation, Louisville was informed that no this important matter. funds were available in the FAA Facili- Mr. ASHCROFT. Mr. President, I Mr. CLELAND. Will the chairman ties and Equipment Account (F&E) to thank the Senator from Arizona for af- yield for another question? provide an Instrument Landing System fording me this opportunity to make Mr. MCCAIN. I will be happy to yield (ILS), thus rendering the new runway some remarks regarding the vote on to the junior Senator from Georgia. inoperative. FAA advised Louisville the nomination of Ronnie White. Mr. CLELAND. Mr. President, the Yesterday, in accordance with the noise mitigation funding which this that if they procured the ILS, the FAA would later reimburse them for the ex- unanimous consent agreement entered bill authorizes is very much needed— into last week, we set aside substan- and appreciated—by communities lo- penditure of $5.68 million for the sys- tem. tially over an hour to debate not only cated near our nation’s airports. Over the White nomination but a number of 10 years ago, Georgia’s second busiest Mr. MCCAIN. I can appreciate the de- mands on the F&E account for these other nominations which came before airport, Dekalb-Peachtree Airport, the Senate today. I was here for that began a runway expansion program to expenditures and can well understand how such a regrettable situation might debate, I engaged in that debate, and I accommodate its increased traffic. Six outlined my opposition to Judge White, years ago, the FAA began providing occur. not my opposition based on anything funding to relocate the residential Mr. BUNNING. We currently have a personal or based on my distaste in any homes located in the Airport’s Runway confusing situation where the FAA has way for the judge, but based on my real Protection Zone. Thanks to noise miti- informed Louisville that $4.2 million in reservations about his record as it re- gation money, 108 homes have had the funds drawn down against the LOI in lates to law enforcement. opportunity to relocate. Unfortu- 1998 were for reimbursement for the After the conclusion of the vote nately, after a decade, 58 homes and 61 ILS. today, there were a number of individ- businesses are still in limbo, and still Mr. MCCAIN. As the Senator knows, uals who secured integrals of time to impacted by the noise from 225,000 the FAA routinely provides safety and speak about that nomination and flights a year. This community near navigational equipment to airports. Mr BUNNING. Yes, indeed. That is about that vote and raised questions Atlanta—and I am sure there are com- that more properly should have been munities in similar straights in Ari- precisely the purpose of the language. raised in the debate, and, secondly, de- zona—has suffered for years, because The $4.2 million the FAA designated as serve a response. So I come to respond the buy-out has gone on far too long. reimbursement is money the Louisville Don’t you agree that in determining Airport would have received under the in that respect. I want to explain why I believe Judge the need for noise money, the FAA $126 million LOI anyway. The provision White should not have been confirmed, should take into consideration the in the legislation simply directs the harmful, drawn-out impact on commu- FAA to amend the existing LOI with and I believe the Senate acted favor- nities from long-standing projects the Regional Airport Authority to in- ably and appropriately in protecting which have awaited completion over a crease it by $5.68 million, thus reim- the strong concerns raised by law en- number of years? bursing Louisville the total cost of the forcement officials. Mr. MCCAIN. The Senator is correct. ILS. The National Sheriffs Association ex- As the Senator knows, in the report ac- Mr. MCCAIN. It is my understanding pressed their very serious opposition to companying the Federal Aviation Ad- that a similar provision was included the nomination of Judge White. The ministration reauthorization bill, the in the Statement of Managers accom- Missouri Federation of Chiefs of Police Commerce Committee, at the instiga- panying the Transportation appropria- expressed their opposition. The Mis- tion of the Junior Senator from Geor- tions legislation for fiscal year 2000. souri Sheriffs Association raised strong gia, urges the FAA to take into consid- Mr. BUNNING. That is correct. concerns and asked for a very serious eration the negative impact on com- Mr. MCCAIN. I thank the Senator for consideration. In my conferences with munities, like DeKalb County, of such his description of the situation, and I law enforcement officials, prosecutors unresolved long-standing projects when will be happy to continue to work to and judges, they raised serious con- allocating noise mitigation money. rectify this matter. cerns; so that when those who come to Mr. CLELAND. I thank the chairman Mr. BUNNING. I thank the Senators the floor today talk about this nomina- for his remarks, and I look forward to for their assistance. tion in a context that is personal rath- continuing to work with the Senator PRIVILEGE OF THE FLOOR er than professional and is political from Arizona and my colleague from Mr. MCCAIN. Mr. President, on be- rather than substantive, I think they Georgia to complete the Dekalb-Peach- half of Senator STEVENS, I ask unani- miss the point. tree Airport buy-out. mous consent that Dan Elwell, a con- There are very serious matters ad- LOUISVILLE AIRPORT gressional fellow in Senator STEVENS’ dressed in his record that deserve the Mr. BUNNING. Mr. President, I want office, be granted the privilege of the attention of the Senate and which, to express my hope that Senators floor for the pendency of the Senate once having been reviewed by Members MCCAIN and GORTON will work to in- consideration of S. 82. of the Senate, would lead Senators to clude language in the conference report The PRESIDING OFFICER. Without the conclusion that, indeed, the Senate accompanying S. 82, which is of great objection, it is so ordered. did the right thing. importance to the Regional Airport Mr. McCAIN. Mr. President, I ask Judge White’s sole dissent in the Mis- Authority of Louisville and Jefferson unanimous consent that notwith- souri v. Johnson, a brutal cop killer, an County, KY. I would like to provide a standing the agreement of yesterday individual who killed three law en- brief explanation of the need for this referencing the filing of amendments, forcement officials over several hours, provision and what it is intended to ac- Senator FITZGERALD be recognized and holding a small town in Missouri in a complish. that it be in order for him to offer an terrified condition, that opinion which Mr. MCCAIN. I thank the Senator amendment not previously filed, and sought to create new ground for allow- from Kentucky for his support of the that the amendment then be agreed to. ing convicted killers who had the death October 5, 1999 CONGRESSIONAL RECORD — SENATE S11933 penalty ordered in their respect, allow- port or John F. Kennedy International Air- Mr. FITZGERALD. Mr. President, ing them new ground for new trials, port.’’. this amendment would exempt O’Hare and the like, is something that ought On page 8, beginning with line 7, strike International Airport from any lifting through line 17 on page 12 and insert the fol- to trouble us. We do not need judges lowing: of the high density rule. I understand with a tremendous bent toward crimi- (1) IN GENERAL.—Subchapter I of chapter this amendment has been accepted on nal activity or with a bent toward ex- 417, as amended by subsection (d), is amend- both sides. I ask unanimous consent cusing or providing second chances or ed by inserting after section 41717 the fol- the amendment be agreed to. opportunities for those who have been lowing: I thank the Presiding Officer himself accused in those situations. ‘‘§ 41718. Special Rules for Chicago O’Hare for his efforts to work with me, and Missouri v. Kinder is another case International Airport also the distinguished Commerce Com- where he was the sole dissenter, a case ‘‘(a) IN GENERAL.—The Secretary of Trans- mittee Chairman, Senator MCCAIN of murder and assault, murder with a portation shall grant 30 slot exemptions over from Arizona, and the ranking Demo- lead pipe, the defendant was seen leav- a 3-year period beginning on the date of en- cratic member, Senator ROCKEFELLER. ing the scene of the crime with the lead actment of the Transportation Improvement Of course, I thank the good auspices of Act at Chicago O’Hare International Airport. pipe and DNA evidence confirming the our majority leader who helped work ‘‘(b) EQUIPMENT AND SERVICE REQUIRE- presence of the defendant with the per- MENTS.— out this agreement. I appreciate the son murdered. ‘‘(1) STATE 3 AIRCRAFT REQUIRED.—An ex- time and consideration of all on a very The judge in that case wrote a dis- emption may not be granted under this sec- difficult matter. sent saying that the case was contami- tion with respect to any aircraft that is not The PRESIDING OFFICER. Without nated by a racial bias of the trial judge a Stage 3 aircraft (as defined by the Sec- objection, it is so ordered. The amend- because the trial judge had indicated retary). ment (No. 2264) was agreed to. ‘‘(2) SERVICE PROVIDED.—Of the exemptions Mr. FITZGERALD. I thank the that he opposed affirmative action and granted under subsection (a)— had switched parties based on that. ‘‘(A) 18 shall be used only for service to un- Chair. Another case, Missouri v. Damask, a derserved markets, of which no fewer than 6 The PRESIDING OFFICER. Under drug checkpoint case. The sole dissent shall be designated as commuter slot exemp- the previous order, the Senator from in the case was from Judge White who tions; and West Virginia is recognized for not to would have expanded substantially the ‘‘(B) 12 shall be air carrier slot exemptions. exceed 15 minutes. rights of defendants to object to ‘‘(c) PROCEDURAL REQUIREMENTS.—Before Mr. BYRD. Mr. President, I thank granting exemptions under subsection (a), the Chair. searches and seizures. the Secretary shall— I believe that law enforcement offi- ‘‘(1) conduct an environmental review, tak- f cials had an appropriate, valid, reason- ing noise into account, and determine that IN DEFENSE OF CHURCHES able concern. That concern was appro- the granting of the exemptions will not priately recognized and reflected in the cause a significant increase in noise; Mr. BYRD. Mr. President, recent vote of the Senate. Not only Missouri ‘‘(2) determine whether capacity is avail- comments by a political figure have needs judges, but the entire country able and can be used safely and, if the Sec- unfairly and, I think, unjustly casti- retary so determines then so certify; gated American churches and millions needs judges whose law enforcement ‘‘(3) give 30 days notice to the public experience is such that it sends a sig- of American church-goers as ‘‘. . . a through publication in the Federal Register sham and a crutch for weak-minded nal that they are reliable and will sup- of the Secretary’s intent to grant the exemp- port appropriate law enforcement. tions; and people who need strength in numbers. I am grateful to have had this oppor- ‘‘(4) consult with appropriate officers of [meaning organized religion] tells peo- tunity. No time was expected for de- the State and local government on any re- ple to go out and stick their noses in bate on this issue today, and as an in- lated noise and environmental issues. other people’s business.’’ Now these ‘‘(d) UNDERSERVED MARKET DEFINED.—In comments are being defended as the dividual who was involved in this mat- this section, the term ‘service to underserved ter, I am pleased to have had this op- kind of outspoken honesty that people markets’ means passenger air transportation really seek in a politician. While I am portunity. I thank the Senate. I thank service to an airport that is a nonhub airport the Senator from Arizona for helping or a small hub airport (as defined in para- totally in favor of greater candor from make this time available to me. graphs (4) and (5), respectively, of section politicians, particularly in these days I yield the floor. 41731(a)).’’. of poll-driven and consultant-drafted f (2) 3-year report.—The Secretary shall mealy-mouthed pap masquerading as study and submit a report 3 years after the ‘‘vision,’’ I am emphatically not in AIR TRANSPORTATION first exemption granted under section favor of rudeness. There is far too IMPROVEMENT ACT—Continued 41718(a) of title 49, United States Code, is much rude and divisive talk in this Na- first used on the impact of the additional tion these days, and it only exacer- The PRESIDING OFFICER. Under slots on the safety, environment, noise, ac- the previous order, the Senator from Il- cess to underserved markets, and competi- bates the kind of climate that encour- linois is recognized. tion at Chicago O’Hare International Air- ages acts of violence against anyone AMENDMENT NO. 2264 TO AMENDMENT NO. 1892 port. who is different or any organization On page 19, strike lines 10 and 11. (Purpose: To replace the slot provisions re- that is not mainstream—or maybe even On page 19, line 12, strike ‘‘(B)’’ and insert lating to Chicago O’Hare International if it is mainstream, as churches are ‘‘(A)’’. Airport) still mainstream, at least in my part of On page 19, line 13, strike ‘‘(C)’’ and insert the world. We cannot and should not Mr. FITZGERALD. Mr. President, I ‘‘(B)’’. rise on behalf of myself and my col- On page 19, line 15, strike ‘‘(D)’’ and insert let this kind of meanness be excused in league from Illinois, Senator DURBIN, ‘‘(C)’’. the name of honesty and candor. to propose an amendment to the Mr. BYRD. Mr. President, will the I do not question anyone’s right to amendment proposed by the Presiding distinguished Senator yield without voice his opinion, whether I agree with Officer himself, Senator GORTON, and losing his right to the floor? it or not, but I also do not believe it is Senator ROCKEFELLER. I send the Mr. FITZGERALD. Yes, I will yield. necessary to demean or belittle or amendment to the desk. Mr. BYRD. I ask unanimous consent denigrate anyone in the process of The PRESIDING OFFICER. The that following the Senator’s state- voicing an opinion. I am pleased to see clerk will report. ment, I be recognized to speak for not that I am not alone in my outrage, but The legislative clerk read as follows: to exceed 15 minutes on another mat- that many people have expressed simi- lar feelings. I hope that we can all The Senator from Illinois [Mr. FITZ- ter. GERALD], for himself and Mr. DURBIN, pro- The PRESIDING OFFICER. Is there learn a lesson from this episode. poses an amendment numbered 2264 to objection? All of us ask for guidance from those amendment No. 1892. Without objection, it is so ordered. we trust whenever we are faced with The amendment is as follows: Mr. BYRD. I thank the Senator from difficult problems. We ask our parents, On page 5, beginning with ‘‘apply—’’ in line Illinois. or our wives, we ask our husbands, or 15, strike through line 19 and insert ‘‘apply The PRESIDING OFFICER. The Sen- our friends. So what is wrong with after December 31, 2006, at LaGuardia Air- ator from Illinois is recognized. seeking the advice of someone who has S11934 CONGRESSIONAL RECORD — SENATE October 5, 1999 seen more troubles and received more show charity, not afraid to practice words when they are offensive to mil- training in counseling than ourselves— kindness. Tolerance for the beliefs of lions of Americans, be they Christians, someone who has a calling, a passion, others is one of the cornerstones on Jews, Muslims, whether or not people for this role? Someone such as our pas- which this Nation is founded, and we in who practice their religion in a church, tor or priest or minister? Or what is public life would be well-advised to re- a synagogue, or a mosque. There is wrong with asking the One who knows member that. every reason to believe that organized and shares all of our troubles—in ask- Let me close these remarks, Mr. religion, if you will, has contributed ing the Creator for guidance and sup- President, with a passage from George significantly to the strength and well- port? What is wrong with asking our- Washington’s Farewell Address. Mr. being of the Nation. selves, ‘‘What would Jesus do?’’ There President, George Washington, com- This morning, in a column by E.J. is nothing wrong with using the spir- mander of the American forces at Val- Dionne called the Gospel of Jesse Ven- itual guidance provided to us from God ley Forge, was not a weak-minded man. tura, he quotes the statements made and His Son, and tested over nearly George Washington, the first President by the Governor of Minnesota in which 2,000 years of human experience. It is of the United States—and the greatest the Governor said: not weak-minded. It is not sheep-like President of all—was not a weak-mind- Organized religion is a sham and a crutch to grow up within a framework of faith ed man. Let’s share what he had to say for weak-minded people who need strength in and to celebrate the rituals of the about religion. We might even class numbers. It tells people to go out and stick church. It does not mean that one has George Washington as a politician. their noses in other people’s business. a weakness and needs organized reli- Here is what George Washington Now, Mr. President, the column: gion to ‘‘strengthen oneself.’’ said. I suggest that all take note. Well, Governor, I have to hand it to you. Churches across this Nation provide Of all the dispositions and habits which You’ve told us over and over that you say millions of strong people with spir- lead to political prosperity, religion and mo- what’s on your mind and, because of that, rality are indispensable supports. In vain you’re unlike the average politician. This itual, emotional, and physical support. statement definitely justifies all your self- People who are active in their church would that man claim the tribute of patriot- ism, who should labor to subvert these great congratulation. may literally count their blessings Because you’re so honest and tough-mind- pillars of human happiness, these firmest ed, I figured you wouldn’t mind answering a when disaster strikes them. Be it the props of the duties of men and citizens. sudden loss of a loved one, a fire, a few questions about your comments. I ask Let me digress briefly to suggest that flood, that person will find himself sur- them because none of your explanations all politicians, whether at the State or rounded with caring friends and help- after the interview helped me understand local or national level, take note of your meaning. Perhaps I’m thick-headed and ing hands. Insurance may provide a what George Washington said. you can bring me to your level of enlighten- sense of financial security, but no mat- The mere politician, equally with the pious ment. ter whose good hands your insurance Martin Luther King Jr. was a pastor who man, ought to respect and to cherish them. A led the Southern Christian Leadership Con- may be in, an insurance company can- volume could not trace all their connections ference. He organized church people to fight not hold your hand and offer a shoulder with private and public felicity. Let it sim- for justice. Many who opposed him thought to lean on while your home is reduced ply be asked, where is the security for prop- he was sticking his nose into other people’s to smoky ruins or washed downstream erty, for reputation, for life, if the sense of business. In his first major civil rights ser- religious obligation desert the oaths which in a flood. A pastor, a priest, a min- mon at the Holt Street Baptist Church in are the instruments of investigation in ister, or friend from your church can Montgomery, Ala., he declared: ‘‘If we are courts of justice? And let us with caution in- do so, and will do so. And people in wrong, Jesus of Nazareth was merely a uto- dulge the supposition that morality can be your church will offer you the clothes pian dreamer and never came down to earth! maintained without religion. Whatever may If we are wrong, justice is a lie!’’ off of their backs, or a place to stay, or be conceded to the influence of refined edu- Please tell me, Governor, I want to know: food to eat when you are hungry, or cation on minds of peculiar structure, reason Was Martin Luther King Jr. ‘‘weak-minded’’ help in many other small ways that are and experience both forbid us to expect, that for working through ‘‘organized religion’’? national morality can prevail in exclusion of a balm on a hurting soul. Instead of While you’re at it, were all those civil rights religious principle. facing your loss alone, help arrives in activists, so many motivated by religious battalions. Mr. President, I yield the floor. faith, ‘‘weak-minded’’ for risking their lives Churches have become, in many The PRESIDING OFFICER. The Sen- in the struggle? ways, the new centers of community in ator from Connecticut. Rabbi Abraham Heschel was a brilliant America. We live in ever-expanding Mr. DODD. Mr. President, I had no theologian and wrote about the Hebrew suburbs. We spend long hours each day intention to speak on this matter. It is prophets. He was moved by his sense of the commuting to jobs miles from our purely coincidence—one might even prophetic to become a leading ally of King’s battle for equality. Was he weak-minded? homes. Our children ride buses to dis- suggest the hand of the Almighty— Dietrich Bonhoffer was a German theolo- tant schools that may combine many that caused me just a few minutes ago gian moved by his faith to oppose Hitler. He neighborhoods or even many commu- to read a column that appeared in the went to prison and was eventually killed. ‘‘I nities. Boston Globe in this particular case, a have discovered,’’ he wrote a few weeks be- We may rarely see our neighbor, or column that picks up on the very fore his execution, ‘‘that only by living fully may know the neighbor only to nod at theme the distinguished senior Senator in the world can we learn to have faith.’’ Was as we back our cars out of our drive- from West Virginia has addressed this Dietrich Bonhoffer using his faith as a ways. Air conditioning, television, and ‘‘sham and a crutch?’’ afternoon. The Polish workers of the Solidarity trade other amenities have taken the place I will read the column into the CON- union movement, inspired by faith and of sitting on the front porch with a GRESSIONAL RECORD. I have rarely ever helped immensely by their ‘‘organized reli- glass of lemonade. Now, if we are out- done this, but I found this column so gion,’’ faced down the Communist dictator- side, we are likely on a deck in the compelling. It corresponds very much ship in Poland. They risked jail and beatings back yard, hidden by a fence or a hedge to the eloquent words of our colleague and helped change the world. Was that weak- from the prying eyes of our unseen from West Virginia and the compelling minded of them? neighbors. But in church on Sunday, words of our first American President, What about those theologians who thought through religious questions and the meaning one is encouraged to shake a neighbor’s George Washington. of life on behalf of all those churchy souls hand. One is asked to pray for neigh- First of all, we live in a wonderful you say need crutches? Were Augustine and bors who are sick or in distress. And country that allows people to express Aquinas weak-minded? Were Luther and Cal- one hears the word of God—a Name their views, whether they be public vin? What about 20th-century prophets such that is above all other names—and par- people or not. The Governor of Min- as Reinhold Niebuhr and Martin Buber? They ticipates in the observance of the lit- nesota has expressed his views in a na- were towering intellects, I’ve always urgy that binds all of us in a seamless tional publication that comes to the thought, but perhaps I’m blind and you can issue of organized religion. He cer- help me see. lineage to the heritage of man. I respect and admire the courage you dem- Churches are not for the weak-mind- tainly is entitled to his views, but I onstrated in serving our country as a Navy ed, Mr. President. They are for the think for those of us who disagree with SEAL. But just out of curiosity: Do you strong. They are for people who are not him and, in fact, as public persons, we think the military chaplains you met were afraid to seek guidance, not afraid to bear responsibility to challenge those weak-minded? October 5, 1999 CONGRESSIONAL RECORD — SENATE S11935 Father Andrew Greeley, the sociologist, Quite often, we have debates out here her telephone calls and visitors strictly has found that ‘‘relationships related to reli- on the floor of the Senate about the screened, strongly suggests that her gion’’ are clearly the major forces mobilizing negative impact of television violence, disappearance was orchestrated by the volunteers in America. We’re talking here or violence in movies, on children. The authorities. about mentors for children, volunteers in In May, Yuri Zakharenka, a former homeless programs, those who give comfort fact is that for too many children— at shelters for battered women. Are all these maybe as many as 5 million children in interior minister and an opposition ac- good volunteers just seeking strength in our country—they don’t need to turn tivist, disappeared as he was walking numbers? on the TV or go to a movie to see the home. He was last seen bundled into a While you were making money wrestling, violence; they see the violence in their car by a group of unidentified men. His Mother Teresa was devoting her life to the homes. wife said for two weeks prior to his ab- poor of Calcutta. Maybe you think she would We will have this really marvelous duction, he had complained of being have been better off in the ring with Disco display of art by these students from tailed by two cars. Inferno. At the height of protests in July, an- I don’t want to get too personal, but I Minnesota, and it will be in the Russell truly want to know what you’re trying to rotunda on display this week. Tonight, other opposition leader, speaker of the tell us. The nuns who taught me in grade for other Senators, at 6:30, there will be illegally disbanded parliament, fled to school and the Benedictine monks who a reception for these students. They Lithuania, saying that he feared for his taught me in high school devoted the whole should be honored for their fine work. life. of their lives to helping young people learn. Mr. President, I commend Mr. Then two weeks ago, Victor Gonchar, Was their dedication to others a sign of Dionne. His words speak eloquently to a leading political dissident, and his weakness? The parish I grew up in was full of the emotions and feelings of many of friend, a publisher, vanished on an parents—my own included—whose religious evening outing, even though Mr. faith motivated them to build a strong com- us. Again, I respect the Governor of Minnesota in expressing his views, but Gonchar was under constant surveil- munity that nurtured us kids. I guess you’re lance by the security police. Gonchar’s telling me those parents I respected were we certainly have an obligation to ex- only seeking strength in numbers. press ours. E.J. Dionne has expressed wife reportedly contacted city law en- forcement agencies, local hospitals and Somewhere around 100 million Americans them well with this Member of the morgues without result. The govern- attend religious services in any given week. Senate. Sociologists agree we are one of the most re- I yield the floor and note the absence ment maintains that it has no informa- ligiously observant countries in the world, tion on his whereabouts. Mr. Gonchar especially compared to other wealthy na- of a quorum. The PRESIDING OFFICER. The has been instrumental in selecting an tions. Are we a weak-minded country? opposition delegation to OSCE-medi- In explaining your comments afterward, clerk will call the roll. you said: ‘‘This is Playboy; they want you to The legislative clerk proceeded to ated talks with the government, and be provocative.’’ Does that mean you would call the roll. was scheduled to meet with the U.S. ambassador to Belarus on September have said something different to the editors f of, say, Christianity Today? 20. Earlier this year, police violently And, Governor, one last question: Are you DISSIDENTS DISAPPEARING IN assaulted and arrested him on charges tough-minded enough to understand the BELARUS of holding an illegal meeting in a pri- meaning of the words: ‘‘Your act is wearing vate cafe, for which he served ten days thin?’’ Mr. WELLSTONE. Mr. President, the government of Belarus has systemati- in jail. Mr. WELLSTONE. Mr. President, I cally intimidated and punished mem- Before President Lukashenko came ask unanimous consent that the order bers of opposition political groups for to office in 1994, one could see improve- for the quorum call be rescinded. several years now. Ordinary citizens— ments in the human rights situation in The PRESIDING OFFICER. Without Belarus. Independent newspapers objection, it is so ordered. some as young as fifteen—have been beaten, arrested, and charged with ab- emerged, and ordinary citizens started f openly expressing their views and surd criminal offenses all because they ideas, opened associations and began to ART FROM THE HEART dared to speak out against the Presi- organize. The parliament became a dent of Belarus, Alex Lukashenko, and Mr. WELLSTONE. Mr. President, I forum for debate among parties with his crushing of basic human rights and thought I would use this time, before differing political agendas. The judici- civil liberties there. we go forward in the Senate with some ary also began to operate more inde- Recently, however, events have additional votes, to speak on two mat- pendently. ters. I am actually waiting for a few grown worse. Four dissidents, closely After Mr. Lukashenko was elected visuals, or pictures, I want to show re- watched by the government’s omni- president, he extended his term and re- garding what I am going to say. present security police have vanished. placed the elected Parliament with his First of all, let me thank a pretty The government says it has no clues as own hand-picked legislators in a ref- amazing group of young people from to why. Up until now, the President erendum in 1996, universally con- my State of Minnesota for coming all only beat and jailed his opponents. The demned as rigged. Since then, he has the way here to Washington, DC. These President now appears to be behind a held fast to his goal of strengthening are high school students, and they have series of disappearances by key opposi- his dictatorship. He has ruthlessly brought, if you will, art that is from tion figures since April, as reported in sought to control and subordinate most the heart. It is an art display that will the New York Times. Last week, the aspects of public life, both in govern- be on exhibit in the rotunda of the Rus- State Department said that it was ment and in society, cracking down on sell Senate Office Building. greatly concerned about the pattern of the media, political parties and grass This month of October is an aware- disappearances and urged the govern- roots movements. Under the new con- ness of domestic violence month. Peo- ment of Belarus to find and protect stitution, he overwhelming dominates ple in the country should understand, those who had vanished. The disappear- other branches of government, includ- if they don’t already, that about every ances coincide with the strongest cam- ing the parliament and judiciary. 13 seconds, a woman is battered in her paign yet launched by Belarus’s pro-de- The first president of democratic home—about every 13 seconds. mocracy movement to press the gov- Belarus, Stanislav Shushkevich, and A home should be a safe place for ernment for reforms. now in the opposition, said recently women and children. What these stu- The first person to disappear was the that the government is resorting to dents have done is—and I first saw former chairwoman of the Central state terrorism by abducting and si- their display at the Harriet Tubman Bank (Tamara Vinnikova). She pub- lencing dissidents. He said, ‘‘the regime Center back home in Minnesota—they licly supported the former prime min- has gone along the path of eliminating have presented some art that, as I say, ister, an opposition candidate, and was the leaders against whom it can’t open is really from the heart. This artwork, being held on trumped up charges even an artificial case. This is done in the most powerful way, deals with under house arrest with an armed with the goal of strengthening the dic- the devastating impact of violence in guard at the time she vanished. That tatorship.’’ homes, not only on women and adults she was held under house arrest, guard- I am deeply concerned that com- but on children as well. ed at all times by live-in KGB agents, ments by senior government officials S11936 CONGRESSIONAL RECORD — SENATE October 5, 1999 this past week which betray official in- AIR TRANSPORTATION The PRESIDING OFFICER. The difference to those disappearances. IMPROVEMENT ACT—Continued clerk will report. I urge President Lukashenko to use Mr. MCCAIN. Mr. President, for the The legislative clerk read as follows: all available means at his disposal to benefit of my colleagues, we are near- The Senator from Arizona [Mr. McCAIN], locate the four missing—and to ensure ing the end as far as amendments are for Mr. HATCH, Mr. LEAHY, and Mr. THUR- MOND, proposes an amendment numbered the safety and security of all living in concerned. We will be ready within 1927. Belarus, regardless of their political about 20 minutes to a half hour to com- Mr. McCAIN. Mr. President, I ask views. What is happening in Belarus plete an amendment by Senator DOR- unanimous consent that reading of the now is an outrage. The world is watch- GAN. We are in the process of working amendment be dispensed with. ing what President Lukashenko does to on it. We have several amendments by The PRESIDING OFFICER. Without address it. Senator HATCH that we are trying to objection, it is so ordered. Mr. President, I want the Govern- get so we can work those out. We have (The text of the amendment is print- no report yet from Senator HUTCHISON ment of Belarus to know that their bla- ed in today’s RECORD under ‘‘Amend- tant violation of the human rights of on whether or not she wants an amend- ments Submitted.’’) citizens is unacceptable. The report ment. So if Senator HUTCHISON, or her Mr. HATCH. Mr. President, today I several days ago of four prominent men staff, is watching, we would like to get am proud to offer the Aircraft Safety and women who have had the courage that resolved. There is a modification Act of 1999 as an amendment to S. 82, to stand up against this very repressive of an amendment by Senator BAUCUS. the Air Transportation Improvement Other than that, we will be prepared Government of Belarus raises very seri- Act. I join with Senator LEAHY and to move to the previous unanimous ous questions. As a Senator, I want to Senator THURMOND in proposing this speak from the floor and condemn that consent agreement concerning debate amendment, which will provide law en- Government’s repressive actions. I on the Robb amendment and vote on forcement with a potent weapon in the want to make it clear to the Govern- that, followed by final passage. I be- fight to protect the safety of the trav- ment of Belarus that these actions, the lieve we are nearing that point. So as eling public. This is one piece of legis- repression and violation of citizens’ we work out the final agreements on lation which could truly help save hun- rights in Belarus, is unacceptable, I these amendments, I hope that within dreds of lives. think, to every single Senator. 10 or 15 minutes we will be able to com- Current federal law does not specifi- plete action on that and be prepared to I think many of us in the human cally address the growing problem of move to the Robb amendment debate rights community are very worried the use of unapproved, uncertified, and then final passage. fraudulent, defective or otherwise un- about whether or not they are still Mr. President, in the meantime, I alive. I would not want the Govern- safe aviation parts in civil, military suggest the absence of a quorum. and public aircraft. Those who traffic ment of Belarus to think they can en- The PRESIDING OFFICER. The gage in this kind of repressive activity in this potentially lethal trade have clerk will call the roll. thus far been prosecuted under a patch- with impunity. That is why I speak The legislative assistant proceeded about this on the floor of the Senate. work of Federal criminal statutes to call the roll. which are not adequate to deter the Mr. MCCAIN. Mr. President, I ask f conduct involved. Most subjects pros- unanimous consent that the order for ecuted to date have received little of the quorum call be rescinded. no jail time, and relatively minor fines ECONOMIC CONVULSION IN The PRESIDING OFFICER. Without have been assessed. Moreover, law en- AGRICULTURE objection, it is so ordered. forcement has not had the tools to pre- Mr. WELLSTONE. Mr. President, let AMENDMENT NO. 1898, AS MODIFIED vent these individuals from reentering me, one more time, return to a ques- Mr. MCCAIN. Mr. President, on be- the trade or to seize and destroy stock- tion I have put to the majority leader, half of Senator BAUCUS, I send a modi- piles of unsafe parts. and then I say to my colleague from fication to the desk and ask that it be While the U.S. airline industry can Arizona I will complete my remarks. accepted. take pride in the safety record they The PRESIDING OFFICER. Is there have achieved thus far, trade in fraudu- In the last 3 weeks now, I have asked objection? for the opportunity to introduce legis- lent and defective aviation parts is a Without objection, it is so ordered. growing problem which could jeop- lation—amendments—which would The modification will be accepted. speak directly to what can only be de- ardize that record. These suspect parts The amendment (No. 1898), as modi- are not only readily available through- scribed as an economic convulsion in fied, is as follows: agriculture, the unbelievable economic out the country, they are being in- At the appropriate place, insert the fol- pain in the countryside, and the num- stalled on aircraft as we speak. This lowing: problem will continue to grow as our ber of farmers who are literally being ( ) AIRLINE QUALITY SERVICE REPORTS.— obliterated and driven off the land. fleet of commercial and military air- The Secretary of Transportation shall mod- craft continues to age. Safe replace- Up to date, I have not been able to ify the Airline Service Quality Performance reports required under part 234 of title 14, ment parts are vital to the safety of get any kind of clear commitment this fleet. When you consider that one from the majority leader as to when we Code of Federal Regulations, to more fully disclose to the public the nature and source Boeing 747 has about 6 million parts, will have the opportunity for all of us of delays and cancellations experienced by you begin to understand the potential in the Senate to have a substantive de- air travelers. Such modifications shall in- for harm caused by the distribution of bate about this and take action. For clude a requirement that air carriers report fraudulent and defective parts. those of us in agricultural States, this delays and cancellations in categories which Where do these parts come from? is very important. I want to signal to reflect the reasons for such delays and can- Some are used or scrap parts which colleagues that I will look for an op- cellations. Such categories and reporting shall be determined by the Administrator in should be destroyed, or have not been portunity, and the first opportunity I properly repaired. Others are simply get, I will try to do everything I can to consultation with representatives of airline passengers, air carriers, and airport opera- counterfeit parts using substandard focus our attention on what can only tors, and shall include delays and cancella- materials unable to withstand the rig- be described as a depression in agri- tions caused by air traffic control. ors imposed through daily use on a culture. I will try to focus the atten- AMENDMENT NO. 1927 modern aircraft. Some are actually tion of people in the Senate, Democrats (Purpose: To amend title 18, United States scavenged from among the wreckage and Republicans alike, on the transi- Code, with respect to the prevention of and broken bodies strewn about after tion that is now taking place in agri- frauds involving aircraft or space vehicle an airplane crash. For example, when culture, which I think, if it runs its full parts in interstate or foreign commerce.) American Airlines Flight 965 crashed course, we will deeply regret as a Na- Mr. McCAIN. Mr. President, on be- into a mountain in Columbia in 1995, it tion. half of Senator HATCH and others, I wasn’t long before some of the parts Mr. President, I yield the floor. send an amendment to the desk. from that aircraft wound up back in October 5, 1999 CONGRESSIONAL RECORD — SENATE S11937 the United States and resold as new by I ask unanimous consent that rel- Secretary of Transpor- an unscrupulous Miami dealer who had evant material, including a copy of the tation. obtained them through the black mar- amendment be printed in the RECORD. WILLIAM S. COHEN, ket. There being no objection, the mate- Secretary of Defense. While the danger to passengers and rial was ordered to be printed in the DANIEL S. GOLDIN, Administrator, Na- civilians on the ground is substantial, RECORD, as follows: tional Aeronautics this danger also jeopardizes the coura- OFFICE OF THE ATTORNEY GENERAL, and Space Adminis- geous men and women of our armed Washington, DC. tration. forces. The Army is increasingly buy- Hon. ORRIN G. HATCH, Enclosures. ing commercial off-the-shelf aircraft Chairman, Committee on the Judiciary, and parts for their growing small jet U.S. Senate, Washington, DC. PROPOSED LEGISLATION DEAR MR. CHAIRMAN: Enclosed is proposed Be it enacted by the Senate and House of Rep- and piston-engine passenger and cargo legislation, ‘‘The Aircraft Safety Act of fleets. The Department of Defense will resentatives of the United States of America, in 1999.’’ This is part of the legislative program Congress assembled, buy 196 such aircraft by 2005 and vir- of the Department of Justice for the first SECTION 1. tually every major commercial pas- session of the 106th Congress. This legisla- This Act may be cited as the ‘‘Aircraft senger aircraft is in the Air Force fleet, tion would safeguard United States aircraft, Safety Act of 1999.’’ space vehicles, passengers, and crewmembers although the military designation is SEC. 2. PREVENTION OF FRAUDS INVOLVING AIR- different. In addition, there are dozens from the dangers posed by the installation of CRAFT OR SPACEVEHICLE PARTS IN of specially configured commercial air- nonconforming, defective, or counterfeit INTERSTATE OR FOREIGN COM- parts in civil, public, and military aircraft. MERCE. craft that have frame modifications to During the 105th Congress, similar legisla- (a) Chapter 2 of title 18, United States serve special missions, such as recon- tion earned strong bi-partisan support, as Code, is amended— naissance and special operations well as the endorsement of the aviation in- (1) by adding at the end of section 31 the forces. The safety of all of these vehi- dustry. following: cles is dependent on the quality of the The problems associated with fraudulent ‘‘ ‘Aviation quality’ means, with respect to parts used to repair them and keep aircraft and spacecraft parts have been ex- aircraft or spacevehicle parts, that the item them flying. plored and discussed for several years. Unfor- has been manufactured, constructed, pro- The amendment we have proposed tunately, the problems have increased while duced, repaired, overhauled, rebuilt, recondi- the discussions have continued. Since 1993, tioned, or restored in conformity with appli- will criminalize: (1.) The knowing fal- federal law enforcement agencies have se- cable standards specified by law, regulation, sification or concealment of a material cured approximately 500 criminal indict- or contract. fact relating to the aviation quality of ments for the manufacture, distribution, or ‘‘ ‘Aircraft’ means any civil, military, or a part; (2.) The knowing making of a installation of nonconforming parts. During public contrivance invented, used, or de- fraudulent misrepresentation con- that same period, the Federal Aviation Ad- signed to navigate, fly, or travel in the air. cerning the aviation quality of a part; ministration (FAA) received 1,778 reports of ‘‘ ‘Part’ means frame, assembly, compo- (3.) the export, import, sale, trade or suspected unapproved parts, initiated 298 en- nent, appliance, engine, propeller, material, part, spare part, piece, section, or related in- installation of any part where such forcement actions, and issued 143 safety no- tices regarding suspect parts. tegral or auxiliary equipment. transaction was accomplished by To help combat this problem, an inter- ‘‘ ‘Spacevehicle’ means a man-made device, means of a fraudulent certification or agency Law Enforcement/FAA working either manned or unmanned, designed for op- other representation concerning the group was established in 1997. Members in- eration beyond the earth’s atmosphere. aviation quality of a part; (4.) An at- clude the Federal Bureau of Investigation ‘‘ ‘State’ means a State of the United tempt or conspiracy to do the same. (FBI); the Office of the Inspector General, States, the District of Columbia, and any The penalty for a violation will be up Department of Transportation; the Defense commonwealth, territory, or possession of Criminal Investigative Service; the Office of the United States.’’. to 15 years in prison and a fine of up to (b) Chapter 2 of title 18, United States $250,000, however, if that part is actu- Special Investigations, Department of the Air Force; the Naval Criminal Investigative Code, is amended by adding at the end the ally installed, the violator will face up Service, Department of the Navy; the Cus- following— to 25 years and a fine of $500,000. And if toms Service, Department of the Treasury; ‘‘§ 38. Fraud involving aircraft or the part fails to operate as represented the National Aeronautics and Space Admin- spacevehicle parts in interstate or foreign and serious bodily injury or death re- istration; and the FAA. The working group commerce sults, the violator can face up to life in quickly identified the need for federal legis- ‘‘(a) OFFENSES.—Whoever, in or affecting prison and a $1,000,000 fine. Organiza- lation that targeted the problem of suspect interstate or foreign commerce, knowingly— tions committing a violation will be aircraft and spacecraft parts in a systemic, ‘‘(1) falsifies or conceals a material fact; subject to fines of up to $25,000,000. organized manner. The enclosed bill is the makes any materially fraudulent representa- product of the working group’s efforts. In addition to the enhanced criminal tion; or makes or uses any materially false Not only does the bill prescribe tough new writing, entry, certification, document, penalties created, the Department of penalties for trafficking in suspect parts; it record, data plate, label or electronic com- Justice may also seek reasonable re- also authorizes the Attorney General, in ap- munication, concerning any aircraft or straining orders pending the disposi- propriate cases, to seek civil remedies to spacevehicle part; tion of actions brought under the sec- stop offenders from re-entering the business ‘‘(2) exports from or imports or introduces tion, and may also seek to remove con- and to direct the destruction of stockpiles into the United States, sells, trades, installs victed persons from engaging in the and inventories of suspect parts so that they on or in any aircraft or spacevehicle any air- business in the future and force the de- do not find their way into legitimate com- craft or spacevehicle part using or by means merce. Other features of the bill are de- of fraudulent representations, documents, struction of suspect parts. Criminal scribed in the enclosed section-by-section records, certifications, depictions, data forfeiture of proceeds and facilitating analysis. plates, labels or electronic communications; property may also be sought. The At- If enacted, this bill would give law enforce- or torney General is also given the au- ment a potent weapon in the fight to protect ‘‘(3) attempts or conspires to commit any thority to issue subpoenas for the pur- the safety of the traveling public. Con- offense described in paragraph (1) or (2), shall pose of facilitating investigations into sequently, we urge that you give the bill fa- be punished as provided in subsection (b). the trafficking of suspect parts, and vorable consideration. ‘‘(b) PENALTIES.—The punishment for an We would be pleased to answer any ques- offense under subsection (a) is as follows: wiretaps may be obtained where appro- tions that you may have and greatly appre- ‘‘(1) If the offense relates to the aviation priate. ciate your continued support for strong law quality of the part and the part is installed This amendment is supported by At- enforcement. The Office of Management and in an aircraft or spacevehicle, a fine of not torney General Reno, Secretary Slater, Budget has advised us that, from the per- more than $500,000 or imprisonment for not Secretary Cohen and NASA Adminis- spective of the Administration’s program, more than 25 years, or both; trator Goldin, and OMB has indicated there is no objection to the submission of ‘‘(2) If, by reason of its failure to operate as that this amendment is in accord with this legislative proposal, and that its enact- represented, the part to which the offense is the President’s program. I ask my fel- ment would be in accord with the program of related is the probable cause of a malfunc- the President. tion or failure that results in serious bodily low Senators to join with Senators Sincerely, injury (as defined in section 1365) to or the LEAHY, THURMOND and me in sup- JANET RENO, death of any person, a fine of not more than porting this important piece of legisla- Attorney General. $1,000,000 or imprisonment for any term of tion. RODNEY E. SLATER, years or life, or both; S11938 CONGRESSIONAL RECORD — SENATE October 5, 1999 ‘‘(3) If the offense is committed by an orga- ments, electronic media, or other objects or SECTION 2. PREVENTION OF FRAUDS INVOLVING nization, a fine of not more than $25,000,000; tangible things), which may be relevant to AIRCRAFT OR SPACEVEHICLE PARTS and an authorized law enforcement inquiry, that IN INTERSTATE OR FOREIGN COM- ‘‘(4) In any other case, a fine under this a person or legal entity may possess or have MERCE. title or imprisonment for not more than 15 care, custody, or control; and This section, whose primary purpose is to years, or both. ‘‘(ii) requiring a custodian of records to safeguard U.S. aircraft and spacecraft, and ‘‘(c) CIVIL REMEDIES.—(1) The district give testimony concerning the production passengers and crewmembers from the dan- courts of the United States shall have juris- and authentication of such records. gers posed by installation of nonconforming, diction to prevent and restrain violations of ‘‘(B) A subpoena under this subsection defective, or counterfeit frames, assemblies, this section by issuing appropriate orders, shall describe the objects required to be pro- components, appliances, engines, propellers, including, but not limited to: ordering any duced and prescribe a return date within a materials, parts or spare parts into or onto person convicted of an offense under this sec- reasonable period of time within which the civil, public, and military aircraft. Thus, tion to divest himself of any interest, direct objects can be assembled and made available. even though the section is cast as an amend- or indirect, in any enterprise, or to destroy, ‘‘(C) The production of records shall not be ment to the criminal law, it is a public safe- or to mutilate and sell as scrap, aircraft ma- required under this section at any place ty measure. terial or part inventories or stocks; imposing more than 500 miles distant from the place The problems associated with noncon- reasonable restrictions on the future activi- where the subpoena for the production of forming, defective, and counterfeit aircraft ties or investments of any such person, in- such records is served. parts have been explored and discussed in a cluding, but not limited to, prohibiting en- ‘‘(D) Witnesses summoned under this sec- number of fora for several years. For exam- gagement in the same type of endeavor as tion shall be paid the same fees and mileage ple, in 1995, the Honorable Bill Cohen, then used to perpetrate the offense, or ordering that are paid witnesses in the courts of the Chairman of the Senate Subcommittee on dissolution or reorganization of any enter- United States. Oversight of Government Management and prise, making due provisions for the rights ‘‘(2) SERVICE.—A subpoena issued under the District of Columbia (now Secretary of and interests of innocent persons. this section may be served by any person Defense), said: ‘‘Airplane parts that are ‘‘(2) The Attorney General may institute who is at least 18 years of age and is des- counterfeit, falsely documented or manufac- proceedings under this subsection. Pending ignated in the subpoena to serve it. Service tured without quality controls are posing an final determination thereof, the court may upon a natural person may be made by per- increased risk to the flying public, and the at any time enter such restraining orders or sonal delivery of the subpoena to him. Serv- federal government is not doing enough to prohibitions, or take such other actions, in- ice may be made upon a domestic or foreign ensure safety.’’ Similarly, Senator Carl cluding the acceptance of satisfactory per- corporation or upon a partnership or other Levin, in a 1995 statement before the same formance bonds, as it shall deem proper. unincorporated association which is subject Subcommittee, said: ‘‘A domestic passenger ‘‘(3) A final judgment or decree rendered in to suit under a common name, by delivering airplane can contain as many as 6 million favor of the United States in any criminal the subpoena to an officer, to a managing or parts. Each year, about 26 million parts are proceeding brought by the United States general agent, or to any other agent author- used to maintain aircraft. Industry has esti- under this section shall estop the defendant ized by appointment or by law to receive mated that as much as $2 billion in unap- from denying the essential allegations of the service of process. The affidavit of the person proved parts are now sitting on the shelves criminal offense in any subsequent civil pro- serving the subpoena entered on a true copy of parts distributors, airlines, and repair sta- ceeding brought by the United States. thereof by the person serving it shall be tions.’’ ‘‘(d) CRIMINAL FORFEITURE.—(1) The court, proof of service. Notwithstanding increased enforcement ef- in imposing sentence on any person con- ‘‘(3) ENFORCEMENT.—In the case of contu- forts, the magnitude of the problem is in- victed of an offense under this section, shall macy by or refusal to obey a subpoena issued creasing: according to the June 10, 1996, edi- order, in addition to any other sentence and to any person, the Attorney General may in- tion of Business Week magazine, ‘‘Numerous irrespective of any provision of State law, voke the aid of any court of the United FAA inspectors . . . say the problem of sub- that the person shall forfeit to the United States within the jurisdiction of which the standard parts has grown dramatically in States— investigation is carried on or of which the the past five years. That’s partly because the ‘‘(A) any property constituting, or derived subpoenaed person is an inhabitant, or in nation’s aging airline fleet needs more re- from, any proceeds such person obtained, di- which he carries on business or may be pairs and more parts to keep flying—increas- rectly or indirectly, as a result of such of- found, to compel compliance with the sub- ing the opportunities for bad parts to sneak fense; and poena. The court may issue an order requir- in. And cash-strapped startups outsource ‘‘(B) any property used, or intended to be ing the subpoenaed person to appear before much of their maintenance, making it hard- used, in any manner or part, to commit or the Attorney General to produce records, if er for them to keep tabs on the work.’’ Ac- facilitate the commission of such offense. so ordered, or to give testimony concerning cording to Senator Levin’s 1995 statement, ‘‘(2) The forfeiture of property under this the production and authentication of such ‘‘over the past five years, the Department of section, including any seizure and disposi- records. Any failure to obey the order of the Transportation Inspector General and the tion thereof, and any proceedings relating court may be punished by the court as a con- Federal Bureau of Investigation have ob- thereto, shall be governed by the provisions tempt thereof. All process in any such case tained 136 indictments, 98 convictions, about of section 413 of the Comprehensive Drug may be served in any judicial district in $50 million in criminal fines, restitutions Abuse Prevention and Control Act of 1970 (21 which such person may be found. and recoveries in cases involving unapproved U.S.C. § 853), except for subsection (d) of that ‘‘(4) IMMUNITY FROM CIVIL LIABILITY.—Not- aircraft parts. . . . The bad news is that addi- section. withstanding any Federal, State, or local tional investigations are underway with no ‘‘(e) CONSTRUCTION WITH OTHER LAWS.— law, any person, including officers, agents, sign of a flagging market in unapproved This Act shall not be construed to preempt and employees, receiving a summons under parts.’’ or displace any other remedies, civil or this section, who complies in good faith with Yet, no single Federal law targets the criminal, provided by Federal or State law the summons and thus produces the mate- problem in a systemic, organized manner. for the fraudulent importation, sale, trade, rials sought, shall not be liable in any court Prosecutors currently use a variety of stat- installation, or introduction of aircraft or of any State or the United States to any cus- utes to bring offenders to justice. These stat- spacevehicle parts into commerce. tomer or other person for such production or utes include mail fraud, wire fraud, false ‘‘(f) TERRITORIAL SCOPE.—This section ap- for nondisclosure of that production to the statements and conspiracy, among others. plies to conduct occurring within the United customer.’’. While these prosecutorial tools work well States or conduct occurring outside the (c) CLERICAL AMENDMENT.—The table of enough in many situations, none of them United States if— sections for chapter 2 of title 18, United ‘‘(1) The offender is a United States person; focus directly on the dangers posed by non- States Code, is amended by adding at the end conforming, defective, and counterfeit air- or the following: ‘‘(2) The offense involves parts intended for craft parts. Offenders benefit from this lack ‘‘38. Fraud involving aircraft of space vehicle use in U.S. registry aircraft or spacevehicles; of focus, often in the form of light sentences. parts in interstate of foreign or One incident reveals the inherent short- ‘‘(3) The offense involves either parts, or commerce.’’. comings of such an approach. aircraft or spacevehicles in which such parts SEC. 3. CONFORMING AMENDMENT. ‘‘In 1991, a mechanic at United [Airlines] are intended to be used, which are of U.S. or- Section 2516(1)(c) of title 18, United States noticed something odd about what were sup- igin. Code, is amended by inserting ‘‘section 38 posed to be six Pratt & Whitney bearing-seal ‘‘(g) AUTHORIZED INVESTIGATIVE DEMAND (relating to aircraft parts fraud),’’ after ‘‘sec- spacers used in P&W’s jet engines—engines PROCEDURES.— tion 32 (relating to destruction of aircraft or installed on Boeing 727s and 737s and McDon- ‘‘(1) AUTHORIZATION.—(A) In any investiga- aircraft facilities),’’. nell-Douglas DC–9s world-wide. The spacers tion relating to any act or activity involving proved to be counterfeit, and P&W deter- an offense under this section, the Attorney SECTION-BY-SECTION ANALYSIS mined that they would have disintegrated General may issue in writing and cause to be SECTION 1. within 600 hours of use, compared with a served a subpoena— This section states the short title of the 20,000-hour service life of the real part. A ‘‘(i) requiring the production of any legislation, the ‘‘Aircraft Safety Act of spacer failure in flight could cause the total records (including any books, papers, docu- 1999.’’ failure of an engine. Investigators traced the October 5, 1999 CONGRESSIONAL RECORD — SENATE S11939 counterfeits to a broker who allegedly used the subject of a conviction concerns the written subpoenas requiring the production unsuspecting small toolmakers and printers aviation quality of the part at issue and the of records relevant to an authorized law en- to fake the parts, as well as phony Pratt & part is actually installed in an aircraft or forcement inquiry pertaining to offenses Whitney boxes and labels. The broker . . . spacevehicle, then the maximum punishment under the new section. Testimony con- pled guilty to trafficking in counterfeit increases to 25 years imprisonment and a cerning the production and authentication of goods and received a seven-month sentence $500,000 fine. If, however, the prosecution is such records may also be compelled. The sub- in 1994.’’ (June 10, 1996, Edition of Business able to show that the part at issue was the section also sets forth guidance concerning Week Magazine.) probable cause of a malfunction or failure the service and enforcement of such sub- Given the potential threat to public safety, leading to an emergency landing or mishap poenas and provides civil immunity to any a focused, comprehensive law is needed to at- that results in the death or injury of any person who, in good faith, complies with a tack this problem. person, then the maximum punishment is in- subpoena issued pursuant to the Section. Prevention of Frauds Involving Aircraft or creased to life imprisonment and a $1 million The subsection is modeled closely on an Spacecraft Parts in Interstate or Foreign fine. Finally, if a person other than an indi- analogous provision found in Section Commerce remedies the problems noted vidual is convicted, the maximum fine is in- 3486(a)(1) of Title 18, pertaining to health above by amending Chapter Two of Title 18, creased to $25 million. care fraud investigations. Like the health United States Code. Chapter Two deals with New subsection (c) authorizes the Attorney care industry, the aviation industry—includ- ‘‘Aircraft and Motor Vehicles,’’ and cur- General to seek appropriate civil remedies, ing the aviation-parts component of the in- rently contains provisions dealing with the such as injunctions, to prevent and restrain dustry—is highly regulated since the public destruction of aircraft or aircraft facilities, violations of the Act. Part of the difficulty has an abiding interest in the safe and effi- and violence at international airports but in stopping the flow of nonconforming, defec- cient operation of all components of the in- says nothing about fraudulent trafficking in tive, and counterfeit parts into interstate or dustry. The public also has concomitant in- nonconforming, defective, or counterfeit air- foreign commerce is the ease with which un- terest in access to the records and related in- craft parts. scrupulous individuals and firms enter and formation pertaining to the industry since, Subsection (a) builds on the existing re-enter the business; ‘‘Moreover, even when often, the only evidence of possible viola- framework of Chapter Two by adding some they are caught and punished, these crimi- tions of law may be the records of this regu- relevant definitions to Section 31. The sub- nals can conceivably go back to selling air- lated industry. Thus, companies and individ- section defines ‘‘aviation quality,’’ when craft parts when their sentences are up.’’ uals doing business in this industry are in used with respect to aircraft or aircraft (See, 1995 Statement of Senator Joe the public limelight by choice and have re- parts, to mean aircraft or parts that have Lieberman before the Senate Subcommittee duced or diminished expectations of privacy been manufactured, constructed, produced, on Oversight of Government Management in their affairs relating to how that business repaired, overhauled, rebuilt, reconditioned, and the District of Columbia.) In addition to is conducted. In such situations, strict prob- or restored in conformity with applicable providing a way to maintain the status quo able cause requirements regarding the pro- standards, specified by law, regulation, or and to keep suspected defective or counter- duction of records, documents, testimony, contract. The term is used in Section 38(b) of feit parts out of the mainstream of com- and related materials make enforcement im- the Act, which sets forth the maximum pen- merce during an investigation, this provision possible. This provision recognizes this but alties for violation of the offenses prescribed adds important post-conviction enforcement also imposes some procedural rigor and re- by Section 38(a). If the misrepresentation or tools to prosecutors. The ability to bring lated safeguards so that the administrative fraud that leads to a conviction under Sec- such actions may be especially telling in subpoena power is not abused in this con- tion 38(a) concerns the ‘‘aviation quality’’ of dealing with repeat offenders since a court text. The provisions rquires the information an aircraft part, then Section 38(b)(2) en- may, in addition to imposing traditional sought to be relevant to the investigation, hances the maximum punishment by 10 years criminal penalties, order individuals to di- reasonably specific, and not unreasonably imprisonment and doubles the potential fine. vest themselves of interests in businesses burdensome to meet. This subsection also defines ‘‘aircraft.’’ used to perpetuate related offenses or to re- SECTION 3. CONFORMING AMENDMENT. This definition essentially repeats the defini- frain from entering the same type of busi- This section would add the new offenses tion of aircraft already provided in Section ness endeavor in the future. Courts may also created by the Act to the list of predicate of- 40102 of Title 49. direct the disposal of stockpiles and inven- fenses for which oral, wire, and electronic ‘‘Part’’ is defined to mean virtually all air- tories of parties not shown to be genuine or communications may be authorized. craft components and equipment. conforming to specifications to prevent their Mr. MCCAIN. Mr. President, the ‘‘Spacevehicle’’ is defined to mean any subsequent resale or entry into commerce. It man-made device, manned or unmanned, de- is envisioned that the prosecution would amendment has been agreed to by both signed for operation beyond the earth’s at- seek such relief only when necessary to en- sides. There is no further debate. mosphere and would include rockets, mis- sure aviation safety. The PRESIDING OFFICER. Without siles, satellites, and the like. Proposed subsection (d) provides for crimi- objection, the amendment is agreed to. Subsection (b) adds a totally new Section nal forfeiture proceedings in cases arising The amendment (No. 1927) was agreed 38 to Chapter Two of Title 18. Subsection under new section 38 of Title 18. to. 38(a)(1)–(3) sets out three new offenses de- Proposed subsection (e) discusses how the AMENDMENT NO. 2240 signed to outlaw the fraudulent exportation, Act is to be construed with other laws relat- importation, sale, trade, installation, or in- ing to the subject of fraudulent importation, (Purpose: To preserve essential air services troduction of nonconforming, defective, or sale, trade, installation, or introduction of at dominated hub airports) counterfeit aircraft or aircraft parts into aircraft or aircraft parts. The section makes Mr. MCCAIN. Mr. President, on be- interstate or foreign commerce. This is ac- clear that other remedies, whether civil or half of Senator DORGAN, I send an complished by making it a crime to falsify criminal, are not preempted by the Act and amendment to the desk. or conceal any material fact, to make any may continue to be enforced. In particular, The PRESIDING OFFICER. The materially fraudulent representation, or to the Act is not intended to alter the jurisdic- clerk will report. use any materially false documentation or tion of the U.S. Customs Service, which is The legislative clerk read as follows: electronic communication concerning any generally responsible for enforcing the laws The Senator from Arizona [Mr. MCCAIN], aircraft or spacecraft part, or to attempt to governing importation of goods into the for Mr. DORGAN, proposes an amendment do so. United States. numbered 2240. The three provisions, overlap to some ex- Proposed subsection (f) deals with the ter- tent but each focuses upon a different aspect ritorial scope of the Act. To rebut the gen- Mr. MCCAIN. Mr. President, I ask of the problem to provide investigators and eral presumption against the extraterritorial unanimous consent that reading of the prosecutors with necessary flexibility. All effect of U.S. criminal laws, this section pro- amendment be dispensed with. are specific intent crimes; that is, all require vides that the Act will apply to conduct oc- The PRESIDING OFFICER. Without the accused to act with knowledge, or reason curring both in the United States and be- objection, it is so ordered. to know, of his fraudulent activity. yond U.S. borders. Clearly the U.S. will The amendment is as follows: Proposed subsection (b) prescribes the apply the law to conduct occurring outside At the appropriate place, insert the fol- maximum penalties that attach to the of- U.S. territory only when there is an impor- lowing: fenses created in Subsection (a). A three- tant U.S. interest at stake. If, however, an pronged approach is taken in order to both offender affects the safety of U.S. aircraft, SEC. PRESERVATION OF ESSENTIAL AIR SERVICE AT DOMINATED HUB AIRPORTS. demonstrate the gravity of the offenses and spacevehicles, or is a U.S. person, this sec- (a) IN GENERAL.—Subchapter II of chapter provide prosecutors and judges alike with tion would provide for subject matter juris- 417 is amended by adding at the end thereof flexibility in punishing the conduct at issue. diction even if the offense is committed the following: A basic 15-year imprisonment and $250,000 overseas. fine maximum punishment is set for all of- Subsection (g) of new section 38 authorizes ‘‘§ 41743. Preservation of basic essential air fenses created by the new section; however, administrative subpoenas to be issued in fur- service at dominated hub airports the maximum punishment may be escalated therance of the investigation of offenses ‘‘(a) IN GENERAL.—If the Secretary of if the prosecution can prove additional ag- under this section. Under this provision, the Transportation determines that extraor- gravating circumstances. If the fraud that is Attorney General or designee may issue dinary circumstances jeopardize the reliable S11940 CONGRESSIONAL RECORD — SENATE October 5, 1999 and competitive performance of essential air on this side of the Capitol. They, too, should reimburse the FAA for the di- service under this subchapter from a sub- would like an off-budget status or fire- rect costs of public-sector use of the air sidized essential air service community to wall for the Aviation Trust Fund. traffic control system. The FAA esti- and from an essential airport facility, then Let me reiterate my response to mated in 1997 that the public-sector the Secretary may require the air carrier that has more than 50 percent of the total these proposals—These proposals are costs incurred on the air traffic control annual enplanements at that essential air- dangerous and fiscally irresponsible. system is 7.5 percent. port facility to take action to enable an air They undermine the struggle to con- In 1999, a total of 15 percent of federal carrier to provide reliable and competitive trol spending, reduce taxes, and bal- aviation funding came from the Gen- essential air service to that community. Ac- ance the budget. eral Fund. Since the creation of the tion required by the Secretary under this Taking the Aviation Trust Fund off- Aviation Trust Fund, the General Fund subsection may include interline agree- budget would allow FAA spending to be subsidy for the FAA is 38 percent of all ments, ground services, subleasing of gates, exempt from all congressional budget spending. This far exceeds the 7.5 per- and the provision of any other service to fa- control mechanisms. It would provide cility necessary for the performance of satis- cent public-sector costs that FAA esti- factory essential air service to that commu- aviation with a level of protection now mated. Therefore, over the life of the nity. provided only to Social Security. Im- trust fund, the public sector has sub- ‘‘(b) ESSENTIAL AIRPORT FACILITY DE- portant spending control mechanisms sidized the cost of the private-sector FINED.—In this section, the term ‘essential such as budget caps, pay-as-you-go users of the FAA by $46 billion. airport facility’ means a large hub airport rules, and annual congressional over- Let this Congress not make the fis- (as defined in section 41731) in the contiguous sight and review would no longer cally irresponsible decision to insulate 48 states at which 1 air carrier has more than apply. aviation spending from any fiscal re- 50 percent of the total annual enplanements A firewall scenario has very similar at that airport.’’. straint imposed by future budget reso- problems. A firewall would prevent the lutions; to make aviation spending off- Mr. MCCAIN. Mr. President, I thank Appropriations Committee from reduc- limits to Congressional Appropriations Senator DORGAN for this amendment. ing trust fund spending, even if the Committees. Let us not grant aviation Senator DORGAN has been, for at least FAA was not ready to spend the money a special budgetary privilege, and 10 years I know, deeply concerned in a given year. If the Appropriations make it more difficult for future Con- about this whole issue of essential air Committee wanted to increase FAA gresses and Administrations to enact service. Although essential air service spending above the firewall, it would major reforms in airport and air traffic has increased funding, still we are not have to come from the discretionary control funding and operations. having medium-sized and small mar- spending cap, a very difficult choice Taking the Aviation Trust Funds off- kets being served as they deserve. given the tight discretionary caps budget or creating a firewall—these I thank Senator DORGAN for the through 2002. proposals are not fit to fly! amendment. These proposals would also create I yield the floor. I thank the chair- It has been agreed to by both sides. I problems in FAA management and man for yielding. don’t believe there is any further de- oversight. Both an off-budget or fire- Mr. MCCAIN. Mr. President, I thank bate. wall status would reduce management the Senator from New Mexico. The PRESIDING OFFICER. Without and oversight of the FAA by taking AMENDMENT NO. 2265 objection, the amendment is agreed to. trust fund spending out of the budget The amendment (No. 2240) was agreed (Purpose: To make available funds for Geor- process. Placing the FAA and the trust gia’s regional airport enhancement pro- to. fund on autopilot by locking-up fund- gram) The PRESIDING OFFICER. Without ing would result in fewer opportunities Mr. MCCAIN. Mr. President, I send an objection, the modified Baucus amend- to review and effect needed reforms. amendment to the desk on behalf of ment is agreed to. This is very dangerous. There would be Senator COVERDELL. The amendment (No. 1898), as modi- little leverage to induce the FAA to The PRESIDING OFFICER. The fied, was agreed to. strive for higher standards of perform- Mr. MCCAIN. Thank you, Mr. Presi- clerk will report. ance. Now is the time for more man- The legislative clerk read as follows: dent. All we have now remaining is the agement and oversight by both the Au- managers’ amendment, which will be thorizing and Appropriations com- The Senator from Arizona [Mr. MCCAIN], arriving shortly. Then I will have a re- for Mr. COVERDELL, proposes an amendment mittee, not less. numbered 2265. quest on behalf of the leader for FAA The Budget Enforcement Act and passage, and the parliamentary proce- other budget laws were created to keep Mr. MCCAIN. Mr. President, I ask dures for doing so. runaway spending in check. I oppose, unanimous consent that reading of the Mr. DOMENICI. Mr. President, I won- as we all should, budgetary changes amendment be dispensed with. der if I might use a few moments while that would make it more difficult to The PRESIDING OFFICER. Without the manager is waiting to give general control spending, weaken congressional objection, it is so ordered. observations. I am totally in favor of oversight, create a misleading federal The amendment is as follows: the bill. I just want to talk generally budget, and violate the spirit of the At the appropriate place in the Manager’s about the Airport and Airways Trust law. substitute amendment, insert the following: Fund. Some of my colleagues object to the SEC. . AVAILABILITY OF FUNDS FOR GEORGIA’S The PRESIDING OFFICER. The Sen- REGIONAL AIRPORT ENHANCEMENT building of money in the Aviation PROGRAM. ator from New Mexico is recognized. Trust Fund. They contend that all of Of the amounts made available to the Sec- Mr. DOMENICI. I thank the Chair. the revenues should be spent on airport retary of Transportation for the fiscal year Over the last several years, there has improvements. They say that all of the 2000 under section 48103 of title 49, United been a lot of talk and support on the aviation related user taxes should be States Code, funds may be available for House side for the idea of changing the dedicated to aviation, and should not Georgia’s regional airport enhancement pro- budgetary status of the Airport and be used for other spending programs, gram for the acquisition of land. Airways Trust Fund. In fact, the deficit reduction, or tax cuts. Mr. MCCAIN. Mr. President, there is House’s FAA Reauthorization bill, the On the contrary, total FAA expendi- no further debate on the amendment. so-called AIR–21, would take the Air- tures have far exceeded the resources The PRESIDING OFFICER. Without port and Airways Trust Fund off-budg- flowing into the trust fund. Since the objection, the amendment is agreed to. et. Some say the House’s real intent is trust fund was created in 1971 to 1998, The amendment (No. 2265) was agreed to create a new budgetary firewall for total expenditures have exceeded total to. aviation, similar to those created for tax revenues by more than $6 billion. Mr. MCCAIN. Mr. President, I know the highway and mass transit trust This is because the Aviation Trust of no further amendments to be offered funds under the Transportation Equity Fund resources have been supple- to S. 82 other than the managers’ pack- Act for the 21st Century (TEA–21). mented with General Revenues. The age. I’ve been hearing distant, low rum- purpose of the General Fund contribu- I ask unanimous consent that the bles from a minority of my colleagues tion is that the federal government Senate proceed to the debate and vote October 5, 1999 CONGRESSIONAL RECORD — SENATE S11941 in relation to the Robb amendment. I Very briefly, the perimeter rule is a want to simply make a philosophical further ask unanimous consent that rule enacted by statute by the Con- statement, which I made earlier but following the vote in relation to the gress of the United States which pro- will make it again. Robb amendment, the managers’ hibits flights originating from Wash- The fact that passengers, planes, par- amendment be in order, and following ington National to travel more than cels, international flight activities, its adoption, the bill be advanced to 1,250 miles and prohibits any flights planes in the air, and planes on the third reading. originating more than 1,250 miles from ground are either going to be doubling, The PRESIDING OFFICER. Is there Washington National from landing tripling, or quadrupling over the next objection? here. 10 years is obviously not now in effect Mr. WELLSTONE. Mr. President, I The General Accounting Office has but has everything to do with the fu- wonder whether I could ask my col- looked at this and has found that it is ture of what it is that our airports are league, how long will the debate be on anticompetitive. It tends to discrimi- willing to accept and what it is that the Robb amendment? nate against new entrants into the those who live around our airports are Mr. MCCAIN. According to the pre- marketplace, and it cannot be justified willing to accept. vious unanimous consent amendment, by any rational standard. To stop aviation growth, to stop there was 5 minutes for Senators As is so often the case, a page of his- aviation traffic, passengers, packages, BRYAN, WARNER, ROBB, and 5 minutes tory is more instructive than a volume new airlines, and new international for me. I don’t intend to use my 5 min- of logic. The history of this dates back flight activity is to try to stop the utes because I know that the Senator to 1986 when there was difficulty in Internet. It is something you might from Nevada can far more eloquently getting long-haul carriers to move to wish for, but it is not going to happen. state the case. Washington Dulles. At that point in In fact, it is not something we wish for Mr. WELLSTONE. I shall not object. time, the perimeter rule, which was because it is good economic activity. The PRESIDING OFFICER. Without then something like 750 miles, was put Ten million people work for the airline objection, the unanimous-consent re- into effect to force air service for long- aviation industry, and many of those quest is agreed to. haul carriers out of Dulles. As we all people work in and around the airports Mr. MCCAIN. Mr. President, I ask know, that is no longer the case. Dulles where those airplanes land and take unanimous consent that it be in order has gone to a multibillion-dollar ex- off. to ask for the yeas and nays on passage pansion and the original basis for the My only point is, we cannot expect to of the House bill. rule no longer exists. have progress in this country without The PRESIDING OFFICER. Without The effect, unfortunately, of the there being a certain inconvenience objection, it is so ordered. amendment offered by the distin- that goes along with it. We have be- Mr. MCCAIN. I now ask for the yeas guished Senator from Virginia is to come accustomed to having our cake and nays. leave that perimeter rule in place un- and eating it, too, and that is having The PRESIDING OFFICER. Is there a changed. The Senator from Arizona has our airports but then having a rel- second? recommended a compromise. He and I atively small number of flights landing There is a sufficient second. would prefer to abolish the rule in its or a slotted number, in the case of four The yeas and nays were ordered. entirety. Yielding to the reality of the of our major airports, landing, but then Mr. MCCAIN. Mr. President, there- circumstances, he has provided a com- fore, two back-to-back votes will occur the thought of others landing becomes promise to provide for 24 additional very difficult. within a short period of time, the last slots: 12 to be made available for car- in the series being final passage of the Atlanta, Newark, and many other riers that would serve outside of the large airports do not have any slots at FAA bill. perimeter; that is, beyond the 1,250 I thank all Senators for their co- all. The people who live around them miles, and 12 within the 1,250 miles. survive. They hear the noise. They do operation. This is a very important piece of leg- Before I move on to the debate on the not like it. The noise mitigation is get- islation, and I urge my colleagues to ting much better as technology im- part of Senator BRYAN, Senator ROBB, defeat it on the basis that it is anti- Senator WARNER, and myself, I will ask proves, and the safety technology, if competitive, unnecessary, and no the Congress will give the money, will that the Chair appoint Republican con- longer serves any useful purpose. ferees on this side of the aisle as fol- get even better than it is. It is vir- I reserve the remainder of my time. tually a perfect record. lows: Senators MCCAIN, STEVENS, The PRESIDING OFFICER. Who I simply make the observation that BURNS, GORTON, and LOTT; and from yields time? slots are a difficult subject. They are the Budget Committee, Senators The Senator from Arizona. very controversial because people pre- DOMENICI, GRASSLEY, and NICKLES. Mr. MCCAIN. Mr. President, in light fer quietness to noise. But in a world I hope the other side will be able to of the fact that Senator WARNER just that grows more complex in commerce, appoint conferees very shortly as well arrived and Senator ROBB has not ar- in which the standard of living is in- so that we can move forward to a con- rived, I ask unanimous consent that we creasing enormously, one cannot have ference on the bill. I understand the stand in a quorum call for approxi- the convenience of travel, the conven- Democratic leader has not decided on mately 5 minutes, and that will give ience of packages, the convenience of the conferees. But we have decided Senator WARNER time to collect his letters, the convenience of getting ours. thoughts. I suggest the absence of a around internationally, and the con- I see the Senator from Nevada. quorum. I yield the floor. The PRESIDING OFFICER. The venience of many new airplanes and ex- The PRESIDING OFFICER. Who clerk will call the roll. pect to have everything the way it was yields time? The legislative assistant proceeded 30 years ago hold until this day. The Senator from Nevada. to call the roll. I thank the Presiding Officer and the AMENDMENT NO. 2259 Mr. MCCAIN. Mr. President, I ask chairman of the committee and yield Mr. BRYAN. Mr. President, I would unanimous consent that the order for the floor. like to accommodate the distinguished the quorum call be rescinded. The PRESIDING OFFICER. Who Senator from Arizona, the chairman. The PRESIDING OFFICER. Without yields time? The Senator from Nevada would like to objection, it is so ordered. Mr. MCCAIN. Mr. President, I ask use 2 minutes of his time at this point Mr. McCAIN. I yield 3 minutes of my unanimous consent that the time be and reserve the remainder. time to the Senator from West Vir- counted against my time under a I rise in opposition to the amend- ginia, Mr. ROCKEFELLER. quorum call. ment offered by our distinguished col- The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. Without league from Virginia. I do so because ator from West Virginia. objection, it is so ordered. The clerk the effect of his amendment would Mr. ROCKEFELLER. Mr. President, will call the roll. leave us with the perimeter rule un- each Member of the Senate will vote on The legislative assistant proceeded changed. the Robb amendment as they see fit. I to call the roll. S11942 CONGRESSIONAL RECORD — SENATE October 5, 1999 Mr. WARNER. Mr. President, I ask able. At National, consumers were rou- Robb amendment is adopted, we will be unanimous consent that the order for tinely subject to traffic gridlock, insuf- breaking our commitments. the quorum call be rescinded. ficient parking, and routine flight can- These critical decisions in the 1986 The PRESIDING OFFICER. Without cellations and delays. Dulles was an Transfer Act were made to fix both the objection, it is so ordered. isolated, underutilized airport. aircraft activity level at Reagan Na- Mr. WARNER. Mr. President, I just For years, the debate raged within tional and to set its role as a short/me- attended a ceremony at the Depart- the FAA and the surrounding commu- dium haul airport. These compromises ment of Defense, at which time the nities about the future of Reagan Na- served to insulate the airport from its President signed the authorization bill tional. Should it be improved, ex- long history of competing efforts to in- for the Armed Forces of the United panded or closed? This ongoing uncer- crease and to decrease its use. States for the year 2000. I was nec- tainty produced a situation where no Since the transfer, the Authority has essarily delayed in returning to the investments were made in National and worked to maintain the balance in floor. My colleague, Senator ROBB, ac- Dulles and service continued to dete- service between Dulles and Reagan Na- companied me, and he will be here mo- riorate. tional. The limited growth principle mentarily. We worked together on this A national commission, now known for Reagan National has been executed amendment, as we worked together on as the Holton Commission, was created by the Authority in all of its planning this project from the inception, a in 1984. It was led by former Virginia assumptions and the Master Plan. project basically to try to get National Governor Linwood Holton and former While we have all witnessed the trans- Airport and Dulles Airport into full op- Secretary of Transportation Elizabeth formation of National into a quality eration. Dole and charged with resolving the airport today, these improvements in Our aim all along has been to let longstanding controversies which terminals, the control tower and park- modernization go forward and, to the plagued both airports. The result was a ing facilities were all determined to extent we can gain support in this recommendation to transfer federal meet the needs of this airport for the Chamber, limit any increase in the ownership of the airports to a regional foreseeable future based on the con- number of flights. We do this because authority so that sorely needed capital tinuation of the high density and pe- of our concerns regarding safety, con- investments to improve safety and rimeter rules. gestion, and other factors. I say ‘‘other service could be made. These improvements, however, have factors’’ because at the time the origi- I was pleased to have participated in purposely not included an increase in nal legislation was passed whereby we the development of the 1986 legislation the number of gates for aircraft or air- defederalized these airports and al- to transfer operations of these airports craft capacity. lowed a measure of control by other to a regional authority. It was a fair Prior to the 1986 Transfer Act, while than Federal authorities, giving the compromise of the many issues which National was mired in controversy and State of Virginia, the State of Mary- had stalled any improvements at both poor service, Dulles was identified as land, and the District of Columbia a airports over the years. the region’s growth airport. Under FAA voice in these matters, it was clear The regulatory high density rule was rules and the Department of Transpor- that Congress should not micromanage placed in the statute so that neither tation’s 1981 Metropolitan Washington these two airports. the FAA nor the Authority could uni- Airports Policy, it was recognized that We went through a succession of laterally changes it. The previous pas- Dulles had the capacity for growth and events to achieve this objective, and we senger cap at Reagan National was re- a suitable environment to accommo- are here today hopefully to finalize pealed, thereby ending growth con- date this growth. this legislation—and I have already put trols, in exchange for a freeze on slots. Following enactment of the Transfer in an amendment to allow the mod- Lastly, the perimeter rule at 1,250 Act, plans, capital investments and ernization to go forward—and to do miles was established. bonding decisions made by the Author- certain other things in connection with For those interested in securing cap- ity all factored in the High Density and the board, to let the board be ap- ital investments at both airports, the Perimeter rules. pointed. transfer of these airports under a long- Mr. President, I provide this history Now we come to the question of the term lease arrangement to the Metro- on the issues which stalled improve- increased flights, and I support the politan Washington Airports Authority ments at the region’s airports in the amendment by my distinguished col- gave MWAA the power to sell bonds to 1970s and 1980s because it is important league. finance the long-overdue work. The Au- to understanding how these airports I want to cover some history. thority has sold millions of dollars in have operated so effectively over the My remarks today will focus on the bonds which has financed the new ter- past 13 years. unwise provisions included in this bill minal, rehabilitation of the existing Every one of us should ask ourselves which tear apart the perimeter and terminal, a new control tower and if the 1986 Transfer Act has met our ex- high density rules at Reagan National parking facilities at Reagan National. pectations. For me, the answer is a re- Airport. These rules have been in ef- These improvements would not have sounding yes. Long-overdue capital in- fect—either in regulation or in stat- been possible without the 1986 Transfer vestments have been made in Reagan ute—for nearly 30 years. Since 1986, Act which included the high density National and Dulles. The surrounding these rules have been a critical ingre- rule, and the perimeter rule. Limita- communities have been given an im- dient in providing for significant cap- tions on operations at National had portant voice in the management of ital investments and a balance in serv- long been in effect through FAA regu- these airports. We have seen unprece- ice among this region’s three airports— lations, but now were part of the bal- dented stability in the growth of both Dulles International, Reagan National, anced compromise in the Transfer Act. airports. Most importantly, the con- and Baltimore-Washington Inter- For those who feared significant in- sumer has benefited by enhanced serv- national. creases in flight activity at National ice at Reagan National. First and foremost, I believe these and who for years had prevented any For these reasons, I have opposed an existing rules have greatly benefitted significant investments in National, increase in slots at Reagan National. the traveling public—the consumer. they were now willing to support major There is no justification for an increase Mr. President, to gain a full under- rehabilitation work at National to im- of this size. It is not recommended by standing of the severe impact these in- prove service. They were satisfied that the administration, by the airline in- creased slot changes will have on our these guarantees would ensure that dustry, by the Metropolitan Wash- regional airports, one must examine Reagan National would not become an- ington Airports Authority or by the the recent history of these three air- other ‘‘Dulles or BWI’’. consumer. ports. Citizens had received legislative as- The capital improvements made at Prior to 1986, Dulles and Reagan Na- surances that there would be no growth Reagan National since the 1986 Trans- tional were federally owned and man- at Reagan National in terms of per- fer Act have not expanded the 44 gates aged by the FAA. The level of service mitted scheduled flights beyond on the or expanded airfield capacity. All of provided at these airports was deplor- 37-per-hour-limit. Today, unless the the improvements that have been made October 5, 1999 CONGRESSIONAL RECORD — SENATE S11943 have been on the land side of the air- 1986 legislation that created the Metro- Washington metropolitan area, has port. No improvements have been made politan Washington Airports Author- analyzed data from a recent Metropoli- to accommodate increased aircraft ca- ity. Both rules were pivotal in reaching tan Washington Airport Authority re- pacity. Expanding flights at Reagan the political consensus among federal, port which shows that between 31% and National will simply ‘‘turn back the regional, state, and local interests that 53% of the 32 noise monitoring stations clock’’ at National to the days of traf- allowed for passage of the 1986 legisla- in the region have a day-night average fic gridlock, overcrowded terminal ac- tions. The rules, as codified, were de- sound level which is higher than the 65 tivity and flight delays—all to the det- signed to carefully balance the benefits decibel level that has been established riment of the traveling public. and impacts of aviation in the Wash- by the EPA and the American National This ill-advised scheme is sure to re- ington metropolitan area. The bill now Standards Institute as the threshold turn Reagan National to an airport before us would overturn more than above which any residential living is plagued by delays and inconvenience. thirty years of federal policies and incompatible. New slots will add to the This proposal threatens to overwhelm upset the balance struck in 1986. noise problem. the new facilities, just as the previous Second, the slot and perimeter rules Mr. President, I support this amend- facilities were overwhelmed. are among the most fundamental air ment because I believe Congress should Mr. President, it is completely inap- traffic management and planning tools defer to the FAA and local airport offi- propriate for Congress to act as ‘‘air- available to the Metropolitan Wash- cials on this issue. I also believe that port managers’’ to legislate new ington Airports Authority. The Wash- Congress should not be asking hun- flights. Those decisions should be made ington-Baltimore regional airport sys- dreds of thousands of local residents to by the local airport authority with di- tem plan and Reagan National Air- tolerate more aircraft noise merely to rect participation by the public in an port’s master plan both rely on the slot benefit a handful of frequent flyers and open process. Today, we will be pre- and perimeter rules. By eliminating fewer than a handful of airlines. I urge venting local decisionmaking. these tools, the bill before us would in- my colleagues to support the amend- I know that my colleagues readily appropriately override the authority ment as well. cite a recent GAO report that indicates and control vested in the Metropolitan Mr. ROBB addressed the Chair. The PRESIDING OFFICER. The jun- that new flights at Reagan National Washington Airport Authority and ior Senator from Virginia. can be accommodated. This report, would affect local land use plans. One Mr. ROBB. Mr. President, I thank my however, plainly includes an important of the main purposes of the 1986 Metro- senior colleague. He and I were away disclaimer. That disclaimer states: politan Washington Airports Authority from the Senate floor for the signing of This study did not evaluate the potential Act was to remove the federal govern- the defense authorization bill, which congestion and noise that could result from ment from the business of micro man- was the work of my colleague from Vir- an increase in operations at Reagan Na- aging the operation of National Air- ginia and the committee he chairs. I tional. Ultimately, . . . the Congress must port. The bill before us puts the federal thank him for his kind comments. balance the benefits that additional flights government right back in the business may bring to the traveling public against the Very simply, this amendment is local community’s concerns about the effect of making decisions about daily oper- about a 1986 agreement, on which the of those flights on noise, the environment, ations and local community impacts— senior Senator from Virginia and I and the area’s other major airports. issues that should be left to local deci- both worked, as well as many others. It Surely, we cannot make this impor- sion-makers. was an agreement between the Federal tant decision in a vacuum. Deter- Third, if the Washington region were Government and the local governments mining how many flights serve Reagan not served by two other airports, Dul- and the State governments involved to National simply by measuring how les and BWI, specifically designed to make sure that we addressed the seri- quickly we can clear runway space is handle the kind of long-haul commer- ous concerns that were then holding up not sound policy. cial jet operations never intended to any progress on improvements on Na- For these reasons I urge the adoption use National, then the argument that tional Airport. of the Robb amendment. the slot and perimeter rules are some- At that time, we recognized that the Mr. President, I yield the floor. how inherently ‘‘anti-competitive,’’ two airports, Dulles Airport and Ron- The PRESIDING OFFICER. The 5 might have some validity. However, be- ald Reagan Washington National Air- minutes allocated to the Senator have cause consumers have access to so port, work in tandem; they should be expired. many choices, the rules do not injure viewed as a single airport. Together, Mr. SARBANES. Mr. President, I rise competition in the Washington-Balti- they serve consumers and the Wash- in support of Senator ROBB’s amend- more region. Far from being an anemic ington region well. It was agreed that a ment to strike the exceptions to the market, the Washington-Baltimore local authority would best manage the high-density slot limit and the flight market today is one of the healthiest airports, just as all other airports perimeter rule at Reagan National Air- and most competitive markets in the across the nation. port. country. Consumers can choose be- In this particular case, if we were to I have serious concerns about in- tween three airports and a dizzying approve an increase in flights at Na- creasing the number of flights and number of flights and flight times. In- tional Airport, we would be breaking granting exemptions to the 1,250 mile deed, GAO recently reported that even that deal. We would also increase the delay and nonstop perimeter rule at Ronald if the perimeter rule were removed increase the disruption to local com- Reagan Washington National Airport. ‘‘only a limited number of passengers munities. Most importantly, we would In my judgment, the bill provisions will switch’’ from Dulles or BWI to Na- be going back on a deal—we would be creating new slots at DCA and allowing tional, underscoring my contention reneging on a deal that was made so for nonstop flights beyond the airport’s that the proposed new slots will yield the Federal Government would stay existing 1,250 mile perimeter are fun- no significant benefit to local con- out of the business of trying to micro- damentally flawed for four reasons: sumers or otherwise improve the local manage the only two airports in the first, they contravene longstanding market. area. federal policy; second, they undermine Finally, let me address the very im- I hope the Members will respect the regional airport plans and programs; portant issue of noise, which is of prin- agreement that this body, the Federal third these provisions will not have cipal concern to my constituents. Any- Government, and the State govern- any significant impact on service for one who lives in the flight path of Na- ments and the local governments en- most consumers or competition in the tional Airport knows what a serious tered into in 1986, and move to strike Washington metropolitan region; and problem aircraft noise poses to human the additional slots that are in an oth- finally the provisions will subject local health and even performing daily ac- erwise meritorious bill. residents to an unwarranted increase tivities. Citizens for the Abatement of I thank the Chair and yield the floor. in overflight noise. Aircraft Noise (CAAN), a coalition of The PRESIDING OFFICER. Does the First, the slot and perimeter rules citizens and civic associations which Senator from Virginia yield the re- have been in place for more than thirty has been working for more than 14 mainder of the time? You have 2 min- years. And they were codified in the years to reduce aircraft noise in the utes left. S11944 CONGRESSIONAL RECORD — SENATE October 5, 1999 Mr. ROBB. Unless my senior col- Landrieu Roberts Stevens from New Jersey be recognized for half Lott Rockefeller Thomas league has additional remarks or the Lugar Roth Thompson an hour, and following this half hour Senator from Arizona, I would yield McCain Santorum Thurmond we will vote on his second amendment, back. McConnell Sessions Voinovich and that be immediately followed by Mr. WARNER. I have no additional Murkowski Shelby Wyden final passage. Nickles Smith (OR) remarks. My colleague has handled it. Reid Specter Mr. LAUTENBERG. Mr. President, I Our statements are very clear. We have am not going to object. But I will try worked together now for these many NOT VOTING—2 to wrap that up in less than half an months. We did our very best on behalf Chafee Mack hour to move the process. of our State for this issue. The amendment (No. 2259) was re- Mr. MCCAIN. I thank the Senator Mr. MCCAIN. Mr. President, I yield jected. from New Jersey. the remainder of my time. Mr. MCCAIN. Mr. President, I move The PRESIDING OFFICER. Is there The PRESIDING OFFICER. The Sen- to reconsider the vote. objection? ator from Arizona has no more time. Mr. BENNETT. I move to lay that Without objection, it is so ordered. Mr. ROBB. The Senator from Vir- motion on the table. The amendments (Nos. 2266 and 1921) ginia yields back any time remaining. The motion to lay on the table was were agreed to. (The text of the amendments is print- The PRESIDING OFFICER. The Sen- agreed to. ed in today’s RECORD under ‘‘Amend- ator from Nevada has 2 minutes 55 sec- Mr. MCCAIN. Mr. President, I suggest ments Submitted.’’) onds. the absence of a quorum. The PRESIDING OFFICER. The Mr. MCCAIN. I yield the floor. Mr. BRYAN. Mr. President, it is The PRESIDING OFFICER. Without tempting to engage my colleagues in clerk will call the roll. The legislative clerk proceeded to objection, the underlying Gorton debate, both of whom are good friends, amendment No. 1892 is agreed to. but I shall refrain from doing so, know- call the roll. Mr. MCCAIN. Mr. President, I ask The amendment (No. 1892) was agreed ing the merits of this will result in the to. rejection of this amendment; therefore, unanimous consent that the order for the quorum call be rescinded. Mr. MCCAIN. Mr. President, I ask I yield the remainder of my time. unanimous consent that no further The PRESIDING OFFICER. All time The PRESIDING OFFICER. Without objection, it is so ordered. amendments be in order. is yielded back. The PRESIDING OFFICER. Without Mr. MCCAIN. Mr. President, the Sen- Under the previous order, the ques- objection, it is so ordered. ator from New Jersey, Mr. LAUTEN- tion is on agreeing to the Robb amend- Mr. MCCAIN. I yield the floor. I BERG, has inserted— ment. The yeas and nays have been or- thank the Senator from New Jersey. Mr. BYRD. Mr. President, the Senate dered. The clerk will call the roll. The PRESIDING OFFICER. The Sen- is not in order. May we have order. Excuse me. The yeas and nays have ator from New Jersey. The PRESIDING OFFICER. The Sen- not been ordered. As a courtesy to the Senator from ate will be in order. Mr. MCCAIN. I ask for the yeas and New Jersey, all those having conversa- Mr. BYRD. Mr. President, I hope the nays. tions will please take them off the Senator will forgive me. I am asking The PRESIDING OFFICER. Is there a floor. sufficient second? for order, and I am going to insist on The Senator from New Jersey. There is a sufficient second. it. I want to help the Chair to get Mr. LAUTENBERG. Mr. President, The yeas and nays were ordered. order. there is still a fair amount of commo- The PRESIDING OFFICER (Mr. The PRESIDING OFFICER. The Sen- tion in the Chamber, and if I might ask ator is entitled to be heard. SMITH of Oregon). The question is on that the Chamber be in order. agreeing to the Robb amendment No. Mr. BYRD. I hope the Chair will The PRESIDING OFFICER. The Sen- 2259. The yeas and nays have been or- break that gavel so that Senators will ator is entitled to be heard. dered. The clerk will call the roll. hear him. Mr. LAUTENBERG. Mr. President, I The PRESIDING OFFICER. Will the The legislative assistant called the hate to talk above the din, but I will Senators in the well holding conversa- roll. take the liberty of doing so if that tions please take them out. Mr. NICKLES. I announce that the competition continues to exist. I thank the Senator from West Vir- Senator from Rhode Island (Mr. Mr. BYRD. Mr. President, there is no ginia. CHAFEE) and the Senator from Florida reason the Senator from New Jersey Mr. BYRD. I thank the Chair. (Mr. MACK) are necessarily absent. has to insist on order. I ask that the The result was announced—yeas 37, AMENDMENTS NOS. 2266 AND 1921 Chair get order in the Senate. nays 61, as follows: (Purpose: To make technical changes and The PRESIDING OFFICER. If each other modifications to the substitute [Rollcall Vote No. 310 Leg.] Senator holding a conversation could amendment.) give the Senator from New Jersey their YEAS—37 (Purpose: To improve the safety of animals attention or take the conversation out Bayh Hollings Moynihan transported on aircraft, and for other pur- of the Chamber, it would be appre- Biden Hutchison Murray poses) Collins Inouye Reed ciated. Conrad Jeffords Robb Mr. MCCAIN. Mr. President, the Sen- The Senator from New Jersey. Daschle Johnson Sarbanes ator from New Jersey has insisted on Mr. LAUTENBERG. I thank the DeWine Kennedy Schumer his rights, which he has as a Senator, keeper of sanity in the Senate, the dis- Dodd Kerry Smith (NH) Dorgan Lautenberg Snowe to propose an amendment, for which he tinguished Senator from West Virginia, Durbin Leahy Torricelli seeks half an hour of discussion, fol- for his ever available courtesy. Edwards Levin Warner lowed by a vote on his amendment. He AMENDMENT NO. 1922 Fitzgerald Lieberman Wellstone has another amendment which he has Graham Lincoln (Purpose: To state requirements applicable Gregg Mikulski agreed to include in the managers’ to air carriers that bump passengers invol- package, which is agreeable to both untarily) NAYS—61 sides. Mr. LAUTENBERG. Mr. President, I Abraham Burns Gorton I ask unanimous consent that the Akaka Byrd Gramm send an amendment to the desk. Allard Campbell Grams Lautenberg amendment No. 1921 con- The PRESIDING OFFICER. The Ashcroft Cleland Grassley cerning pets be included in the man- clerk will report. Baucus Cochran Hagel agers’ package and that the package be The legislative clerk read as follows: Bennett Coverdell Harkin Bingaman Craig Hatch accepted at this time. The Senator from New Jersey (Mr. LAU- Bond Crapo Helms The PRESIDING OFFICER. Is there TENBERG) proposes an amendment numbered Boxer Domenici Hutchinson objection? 1922. Breaux Enzi Inhofe Mr. McCAIN. I add to that unani- Mr. LAUTENBERG. Mr. President, I Brownback Feingold Kerrey Bryan Feinstein Kohl mous consent request that imme- ask unanimous consent that reading of Bunning Frist Kyl diately following that, the Senator the amendment be dispensed with. October 5, 1999 CONGRESSIONAL RECORD — SENATE S11945 The PRESIDING OFFICER. Without Mr. LAUTENBERG. Mr. President, I The airlines ought not to be able to objection, it is so ordered. first want to thank the managers of act as an elitist business. They have to The amendment is as follows: the bill and acknowledge their hard treat their customers with respect, just At the end of title IV, insert the following work. The distinguished Senator from as any other seller of services or prod- new section: Arizona and the distinguished Senator ucts would have to do. They are the SEC. 454. REQUIREMENTS APPLICABLE TO AIR from West Virginia have performed an only business I know of that delib- CARRIERS THAT BUMP PASSENGERS extremely arduous task to get this bill erately oversells their products. INVOLUNTARILY. to the place that it is. I don’t enjoy Can you imagine, if you go to your (a) IN GENERAL.—If an air carrier denies a holding the work back. I don’t think I doctor and you have an appointment, it passenger, without the consent of the pas- is urgent that you see him, and you get senger, transportation on a scheduled flight am doing that. By some quirk in the for which the passenger has made a reserva- process, our amendment was not of- bumped because someone else took tion and paid— fered at an earlier time because of a your place; or you go to buy furniture, (1) the air carrier shall provide the pas- procedural mixup. I thank them. I com- you paid for it, for 3 months you want senger with a one-page summary of the pas- mend them for their understanding. I to go down and see the final product, senger’s rights to transportation, services, know they want to see this bill get into and they say, sorry, someone else took compensation, and other benefits resulting law. It is very important that we do. your place. from the denial of transportation; I offer an amendment on an issue The airlines have a unique position. (2) the passenger may select comparable that is, unfortunately, becoming more They also are users of a commodity transportation (as defined by the air carrier), that belongs to the American people; with accommodations if needed, or a cash re- and more of a problem for American fund; and travelers. That is the experience of re- that is, our airspace. They use our air- (3) the air carrier shall provide the pas- serve paid passengers being bumped ports that are paid for by others. They senger with cash or a voucher in the amount from overbooked airline flights. have lots of community services that that is equal to the value of the ticket. I have talked to Members, and I accompany this process of handling (b) DELAYS IN ARRIVALS.—If, by reason of a speak from direct personal experience passengers. When people hold a valid denial of transportation covered by sub- where airlines said: Sorry, seats are ticket to a sporting event or a concert, section (a), a passenger’s arrival at the pas- filled—even though you have arrived they know when they get there they senger’s destination is delayed— on time, paid for your reservation— are going to have a seat. They deserve (1) by more than 2 hours after the regularly schedule arrival time for the original flight, that is life, and we are sorry, and you the same assurances when they try to but less than 4 hours after that time, then can get there by going first to Boston, fly. the air carrier shall provide the passenger or Cincinnati, or what have you. Current practices don’t go far with cash or an airline voucher in the Our skies are more crowded than enough. There are regulations, but amount equal to twice the value of the tick- ever. People need to move quickly be- they don’t have the teeth to get the et; or tween different cities to do business airlines to respect passengers who hold (2) for more than 4 hours after the regu- and also to attend to a wide variety of paid for and reserved tickets. The regu- larly schedule arrival time for the original personal functions. As this need has lations are out of date. They don’t pro- flight, then the air carrier shall provide the grown, people who fly find themselves vide incentives for the airlines to pay passenger with cash or an airline voucher in increasingly at the mercy of the air- attention to this overbooking problem. the amount equal to 3 times the value of the ticket. lines. The airlines are not quite as user The amount of compensation has not (c) DELAYS IN DEPARTURES.—If the earliest friendly as they used to be when they been increased for those who are transportation offered by an air carrier to a were scraping to get the revenues and bumped since the early 1980s. The dol- passenger denied transportation as described the profits. They do not always treat lar amounts are not enough to have in subsection (a) is on a day after the day of their customers as they should. any impact on the airlines and their the scheduled flight on which the passenger They are pretty good. I give them decisions to overbook flights. has reserved and paid for seating, then the credit. But in 1998, almost 45,000 cus- I do not want to see them flying with air carrier shall pay the passenger the tomers—44,797, to be precise—were empty seats. I do not think that is a amount equal to the greater of— bumped from domestic flights on the 10 good idea. People ought not to take ad- (1) $1,000; or (2) 3 times the value of the ticket. largest carriers; 45,000 people to whom vantage and make two, three, and four (d) RELATIONSHIP OF BENEFITS.— word was given, well, you have lost reservations and then do not show up. (1) GENERAL AND DELAY BENEFITS.—Benefits your seat, and maybe you can get to But the airlines are smart enough to due a passenger under subsection (b) or (c) your business appointment tomorrow; figure out a different way to do it. Per- are in addition to benefits due a passenger maybe you can miss the flight you haps they will have to have some kind under subsection (a) with respect to the were going to take to India; or maybe of a deposit on a reservation that is same denial of transportation. the funeral that was going to be held honored as part of the cost of the tick- (2) DELAY BENEFITS.—A passenger may not that you were going to attend can be et. If not, then it becomes a reminder receive benefits under both subsection (b) held over for a couple of days until you to the passenger, as well as to the air- and subsection (c) with respect to the same denial of transportation. A passenger eligible get there. line, as well as a benefit to the airline, for benefits under both subsections shall re- Mr. President, it is not pleasant news that they lost their seat. ceive the greater benefit payable under those when it happens. This year, the num- While there are regulations now, we subsections. bers have increased. For the first 6 need to make this a matter of statu- (e) CIVIL PENALTY.—An air carrier that months, 29,213 customers have been in- tory law so the airlines step up to this fails to provide a summary of passenger’s voluntarily bumped. If the trend con- serious issue. The Senate needs to send rights to one or more passengers on a flight tinues, this year over 58,000 people a strong message to the airlines that it when required to do so under subsection could be involuntarily bumped—paid cannot treat our constituents as sec- (a)(1) shall pay the Federal Aviation Admin- for, reserved, and just not able to get ond-class citizens when they fly. We istration a civil penalty in the amount of $1,000. on the airplane. need to put strong measures into law (f) DEFINITIONS.—In this section: People with a paid reservation have a to protect consumers, and that is what (1) AIRLINE TICKET.—The term ‘‘airline right to expect a seat on the flight this amendment does. ticket’’ includes any electronic verification they booked. But too often they dis- Very simply, my amendment is not of a reservation that is issued by the airline cover that having a ticket doesn’t out to get the airlines. It is to make in place of a ticket. mean much when they get to the gate. sure that people are treated fairly, and (2) VALUE.—The term ‘‘value’’, with respect For the first half of the year, the we are going to have a chance to see to an airline ticket, means the value of the number of people bumped from airlines whether my colleagues agree with me. remaining unused portion of the airline tick- has increased. Nothing ruins a business My amendment will make the air- et on the scheduled flight. trip or a vacation more thoroughly lines act more responsibly by allowing (3) WITHOUT CONSENT OF THE PASSENGER.— The term ‘‘without consent of the pas- than being bumped from a flight. It is travelers who are bumped from a flight senger’’, with respect to a denial of transpor- sometimes impossible to make up for to first choose between alternative tation to a passenger means a passenger, is the lost hours and the frustration of re- travel plans or receiving a full refund. denied transportation under subsection (a) arranging longstanding business or per- Every traveler who is bumped will re- for reasons other than weather or safety. sonal plans. ceive cash or a travel voucher at least S11946 CONGRESSIONAL RECORD — SENATE October 5, 1999 equal to the amount they paid for the if it is 4 hours late, such and such pen- of H.R. 1000. Finally, I ask consent that flight. The amount of compensation alty. It goes on. Sometimes it is three following the vote, S. 82 be placed back would increase based on how long the times the value of the ticket—it just on the calendar. person is delayed from his or her des- depends for what it might be. The PRESIDING OFFICER. Is there tination. In other words, it is precisely the op- objection? Without objection, it is so If a passenger is delayed more than 2 posite of what we approached the air- ordered. hours, he or she would receive 200 per- lines to negotiate with in a very hard The question is on agreeing to the cent of the value of his or her ticket. If fashion. For example, they are going to Lautenberg amendment. a passenger cannot depart that day, have to reply to us on notification of Mr. LAUTENBERG. I ask for the then he or she would receive 300 per- known delays, cancellations, diver- yeas and nays. cent of the value of the ticket, or sions, and a lot of other subjects, and The PRESIDING OFFICER. Is there a $1,000, whichever is greater. This will they are going to have to do it within sufficient second? remind the airlines they have, after all, a prescribed amount of time, to which There appears to be a sufficient sec- already sold that seat. They have al- they have agreed. ond. ready gotten the income from that We are going to increase penalties for The yeas and nays were ordered. consumer violations under which this seat. The PRESIDING OFFICER. The My amendment would also require amendment falls. I say to the Senator, question is on agreeing to amendment the airlines to disclose these rights to I do not have any problem with him No. 1922. The yeas and nays have been passengers in a one-page, simple-lan- putting forward the purpose of his ordered. The clerk will call the roll. guage summary. The burden should not amendment. I do have a problem and Mr. NICKLES. I announce that the be on the customer to read up on the urge my colleagues to have a problem Senator from Florida (Mr. MACK) and latest Federal regulation or law to with prescribing exactly how much the Senator from Rhode Island (Mr. know their rights. would be paid according to which num- CHAFEE) are necessarily absent. My goal is not to sponsor a ticket ber of hours and how long the delay giveaway. The goal is to hold the air- was. That is what we have tried to The result was announced—yeas 30, lines accountable when they put profits avoid. nays 68, as follows: ahead of respect and service for their The Senator, from the beginning, has [Rollcall Vote No. 311 Leg.] customers. not been for that approach, but that YEAS—30 I will cut short my presentation. I approach is what we have agreed to Baucus Hollings Lincoln ask my colleagues to recognize on what with the airlines. I ask the Senator if Boxer Jeffords Mikulski we are voting. We are voting on wheth- he will be willing to take out on page Bryan Johnson Moynihan Byrd Kennedy Reed er or not a passenger who gets bumped 2, from line 9 through page 3, line 6—if Cleland Kerrey Sarbanes is entitled to compensation for being he will be willing to modify his amend- Conrad Kerry Snowe refused that flight or whether we are ment to that extent? Dodd Lautenberg Specter Feingold Leahy Torricelli C going to protect the airline’s ability to Mr. M CAIN. Mr. President, I believe Feinstein Levin Wellstone continue to sell more than one person under the unanimous consent agree- Harkin Lieberman Wyden the same seat and hope they will be ment, it is now time for the vote on the NAYS—68 able to get away with it. Lautenberg amendment. That, Mr. President, concludes my Mr. LAUTENBERG. Mr. President, I Abraham Durbin McCain Akaka Edwards McConnell comments. agree with the exception of one thing Allard Enzi Murkowski The PRESIDING OFFICER. The Sen- that happened I am sure was inad- Ashcroft Fitzgerald Murray ator from Nevada. vertent. As I understood it, the unani- Bayh Frist Nickles Bennett Gorton Reid Mr. REID. Mr. President, I see the mous consent agreement did not call Biden Graham Robb majority leader on the floor. It is the for rebuttal in any way. Since the dis- Bingaman Gramm Roberts intention of the two leaders to finish tinguished Senator from West Virginia Bond Grams Rockefeller debate on this, have a vote on this chose to rebut, I would like to make a Breaux Grassley Roth Brownback Gregg Santorum amendment, and then have final pas- couple of sentences to respond to that, Bunning Hagel Schumer sage by voice vote. and I assume there will be no objec- Burns Hatch Sessions Mr. MCCAIN. I ask unanimous con- tion. Campbell Helms Shelby sent to vitiate the yeas and nays. The PRESIDING OFFICER. The Sen- Cochran Hutchinson Smith (NH) Collins Hutchison Smith (OR) Mr. LAUTENBERG. I object. ator is correct. Is there objection? The Coverdell Inhofe Stevens Mr. MCCAIN. On final passage. Senator from New Jersey is recognized. Craig Inouye Thomas Mr. LAUTENBERG. No objection. Mr. LAUTENBERG. Mr. President, Crapo Kohl Thompson Daschle Kyl Thurmond The PRESIDING OFFICER. Without GAO has reviewed voluntary customer DeWine Landrieu Voinovich objection, it is so ordered. service plans and the GAO concluded Domenici Lott Warner The question is on agreeing to the many of the new measures that the air- Dorgan Lugar Lautenberg amendment. lines volunteered to do were already re- NOT VOTING—2 The Senator from West Virginia. quired in law or regulation. The prob- Chafee Mack Mr. ROCKEFELLER. Mr. President, I lem is the voluntary customer service want to speak a moment to my col- plan says nothing on the topic of invol- The amendment (No. 1922) was re- leagues. The Senator from New Jersey untary bumping. Whatever there is al- jected. has indicated he wants to send a strong ready on the books does not do it. Mr. ROCKEFELLER. Mr. President, I message to the airlines. I do, too. In I hope my colleagues will support move to reconsider the vote and move fact, over a period of a number of this reminder to the airlines that they to lay that motion on the table. months, a number of us have nego- have to take better care of the pas- The motion to lay on the table was tiated a strong message. What we did sengers. agreed to. not do, however, is prescribe exactly The PRESIDING OFFICER. The Sen- Mr. LOTT. Mr. President, I rise to what it was that would take place with ator from Arizona. recognize the importance of today’s each and every one of the problems. We Mr. MCCAIN. Mr. President, fol- passage of S. 82, the Federal Aviation forced them to report to us through the lowing the Lautenberg vote, I ask Administration Reauthorization bill. Department of Transportation with the unanimous consent that H.R. 1000 be Today is a great day for rural Amer- inspector general monitoring and discharged from the Commerce Com- ica’s air passengers. This legislation, watching. mittee, that the Senate proceed to its now known as the Air Transportation I have no objection to part of what is immediate consideration, all after the Improvement Act of 1999, will bring in this amendment, but what the Sen- enacting clause be stricken, the text of much needed air service to under ator from New Jersey gets into is the S. 82, as amended, be inserted in lieu served communities throughout the most careful kind of mandating: If it is thereof, the bill be read a third time, Nation. It will grant billions of dollars more than 2 hours late, such and such; and a voice vote then occur on passage in federal funds to our Nation’s small October 5, 1999 CONGRESSIONAL RECORD — SENATE S11947 airports for upgrades, through the Air- airports. This is essential to aviation recently leading the way on another port Improvements Program (AIP). safety and economic growth. aviation bill that allowed the FAA to Senator MCCAIN, Chairman of the S. 82, through the Gorton-Rockefeller release FY99 funds for airport con- Committee on Commerce, Science and amendment, begins the process of eval- struction projects. Finally, I would Transportation, is to be commended for uating current Air Traffic Control like to thank all of my colleagues for his superb leadership on this complex (ATC) management problems and im- their willingness to allow timely Sen- and contentious measure. Together plements initial change to begin to ad- ate consideration of this must-pass leg- with Senator HOLLINGS, their joint ef- dress these problems. I hope the Gor- islation. forts moved this bill through the com- ton/Rockefeller amendment will be a If it seems like the Senate has al- mittee, to the Senate floor, and to con- starting point for an intensive review ready considered legislation bill to au- ference. of the ATC system next year. The thorize programs at the Federal Avia- Also, Senator SLADE GORTON’s lead- delays experienced this past summer tion Administration (FAA) including ership role in this legislation was vital. will return until a long-term solution the Airport Improvement Program My friend and Colleague from the State to the Nation’s ATC problems is imple- (AIP), that is because it has. More than of Washington proved himself pivotal mented. a year ago, the Senate passed S. 2279, earlier during S. 82 floor consideration. Once my Colleagues initiate ATC re- the Wendell H. Ford National Air His counterpart, Senator JAY ROCKE- view, I encourage them to include all Transportation System Improvement FELLER, should also be commended for relevant stakeholders in this issue in- Act. Although there was overwhelming his efforts to move this bill forward. cluding officials from the general avia- support for this legislation in the Sen- Rural Americans are the biggest win- tion community, Department of De- ate last year, House and Senate nego- ners with the passage of S. 82. Citizens fense, commercial airlines industry, tiators could not agree on a multi-year of under served communities will no and airports. Likewise, I hope the Sen- FAA authorization bill. In October of longer have to travel hundreds of miles ate will review other models of air traf- last year, Congress passed a six-month and several hours to board a plane. fic management, such as Nav Canada authorization of the FAA instead. The This legislation gives incentives to do- and others to examine ways that other FAA has been operating under short- mestic air carriers and its affiliates to countries are addressing this matter. term extensions ever since. reach out to these people and serve No legislative initiation is ever pos- Mr. President, this is no way to fund them conveniently near their homes. sible without the dedicated efforts of the FAA. Short-term extension after Many Americans will be able to travel staff, and I want to take a moment to short-term extension disrupts long- a reasonable distance to gain access to identify those who worked hard to pre- term planning at the FAA and at air- our Nation’s skies and, from there, pare S. 82 for consideration by the full ports around the country that rely on anywhere they wish to go. Senate. federal funds to improve their facilities I also applaud the hard work of Sen- From the Senate Committee on Com- and enhance aviation safety. Perhaps ator FRIST of Tennessee. He added pro- merce, Science and Transportation: the only thing worse than passing a visions to S. 82 to expand small com- Marti Allbright; Lloyd Ator; Mark short-term extension is allowing the munity air service. His dedicated ef- Buse; Ann Choiniere; Julia Kraus; Mi- AIP program to lapse all together. Un- forts ensured that under served cities chael Reynolds; Ivan Schlager; Scott fortunately, that is exactly what Con- like Knoxville, Chattanooga and Bris- Verstandig; and Sam Whitehorn. gress did before the August recess when tol/Johnson are now in a position to re- The following staff also participated the House failed to pass a 60-day exten- ceive additional or expanded air serv- on behalf of their Senators: David sion previously approved by the Sen- ice. Likewise, his efforts will ensure Broome; Steve Browning; Jeanne ate. Almost two months later, Con- that several under served regions in my Bumpus; John Conrad; Brett Hale; gress passed a bill authorizing the FAA home state of Mississippi, such as Gulf- Amy Henderson; Ann Loomis; Randal to release $290 million for airport con- port-Biloxi, Tupelo, or Jackson, will Popelka; Jim Sartucci; and Lori struction projects just before the funds become eligible to compete for more Sharpe. were set to expire at end of the fiscal flights. These individuals worked very hard year. The major policy changes in S. 82 led on S. 82, and the Senate owes them a Airports around the country came to hard fought, but honest disagree- debt of gratitude for their dedicated within one day of losing federal funds ments. I have enormous respect for the service to this legislation. they need for construction projects. efforts of Senators JOHN WARNER and Mr. President, our Nation’s small The numerous short-term extensions CHARLES GRASSLEY as they diligently communities are a step closer to re- could have been avoided if Congress advocated for their constituents and ceiving long-sought air service. Also, would have simply passed a multi-year their respective states. This honest de- America’s smaller, yet important air- FAA preauthorization bill. We had our bate and willingness to work together strips and airports will be enhanced. chance last year, and we have had more to achieve common goals is what This is good for all Americans. than enough time to carry out that re- makes it exciting to serve in the Mr. DASCHLE. Mr. President, I sponsibility this year. The Senate United States Senate. would like to voice my support for S. Commerce Committee approved S. 82, Throughout the last twelve months, 82, the Air Transportation Improve- the Air Transportation Improvement my home state of Mississippi has re- ment Act. I would also like to take this Act of 1999 on February 11—almost ceived federal support from the AIP to opportunity to commend Senator eight months ago. As my colleagues make needed physical improvements. A MCCAIN, the Chairman of the Senate know, this legislation is almost iden- portion of these funds went to the Me- Commerce Committee, and Senator tical to S. 2279, the Wendell H. Ford ridian Airport Authority to rehabili- HOLLINGS, the Ranking Member of that National Air Transportation System tate the taxiway pavement. Other committee, for their leadership and Improvement Act. funds were allocated to the John C. their willingness to accommodate With the amendment offered by the Stennis International Airport in Han- many of our colleagues who raised con- managers of the bill, S. 82 would au- cock County to extend and light exist- cerns about various provisions in the thorize programs at the FAA including ing taxiways. These enhancements are bill. the AIP program through FY02. Spe- needed. And this bill will ensure that I would also like to thank Senator cifically, it would provide more than the AIP will continue uninterrupted GORTON, the Chairman of the Aviation $2.4 billion a year for airport construc- for the next three years. AIP’s reau- Subcommittee, and Senator ROCKE- tion projects and more than $2 billion a thorization within S. 82 will allow Mis- FELLER, the Ranking Member of that year for facilities and equipment up- sissippi to continue to receive funds for committee. They truly have been tire- grades. It would also provide between essential enhancements for the upcom- less advocates for improving aviation $5.8 billion and $6.3 billion for the ing year. I look forward to working safety, security and system capacity. I FAA’s operations in FY00 through with the airport authorities in my would also like to thank the Majority FY02. home state to make sure that the right Leader, Senator LOTT, for the coopera- S. 82 includes a number of provisions improvements are made at the right tion he has shown on this bill and for to encourage competition among the S11948 CONGRESSIONAL RECORD — SENATE October 5, 1999 airlines and quality air service for bility for funding and modernizing the the O’Hare elements of the Gorton communities. For instance, it would ATC system. It would also create pub- Amendment are solid and would be an authorize $80 million for a four-year lic-private joint ventures to purchase excellent position for the Senate to pilot program to improve commercial air traffic control equipment. Under push for, given that the House has pro- air service in small communities that their proposal, FAA seed money would posed to eliminate slots at O’Hare. have not benefitted from deregulation. be leveraged with money from the air- We need a two-step elimination of Specifically, the bill calls for the es- ports and airlines to purchase and field the slot rule to provide time for miti- tablishment of an Office of Small Com- ATC modernization equipment more gation against the adverse effects of munity Air Service Development at the quickly. Although more may need to be the rule. These include: the need to Department of Transportation (DoT) to done to improve the ATC system in the provide for improved turboprop service work with local communities, states, future, I think the plans announced by for our small cities, the need to provide airports and air carriers and develop Administrator Harvey and the amend- for regional jets for our mid-sized cit- public-private partnerships that bring ment offered by Senators ROCKEFELLER ies, the need to provide for balance be- commercial air service including re- and GORTON are steps in the right di- tween the major carriers and we need gional jet service to small commu- rection. an ability to provide for new entrant nities. Mr. President, I know some of our carriers to competitively compete. I I have often commented about how colleagues oppose provisions in that am pleased that Senator GRASSLEY is critical the Essential Air Service Pro- bill that would increase the number of expected to be a conferee on the entire gram has been to small communities in flights at the four slot-controlled air- measure. South Dakota and around the country ports. The proposal to increase the to retain air service. Although the number of flights at Ronald Reagan Mr. GRASSLEY. Mr. President, I Small Community Aviation Develop- Washington National Airport has been agree with the remarks of my fellow ment Program would not provide a particularly controversial, and I would Senator from Iowa. We need to elimi- similar per passenger subsidy, it would like to commend Senator ROBB for nate the slot rule which is detrimental give DoT the authority to provide up being a strong advocate for his con- to the air service for cities in Iowa and to $500,000 per year to as many as 40 stituents in Northern Virginia. Al- throughout the Midwest. But, the communities that participate in the though the amendment offered by the elimination of slots does need to be program and agree to pay 25 percent in managers of the bill would reduce the done in the proper way. Otherwise the matching funds. In addition, the legis- increase from 48 to 24 new flights into major carriers will absorb all of the ca- lation would establish an air traffic Ronald Reagan Washington National pacity of the airport, not [providing control service pilot program that Airport, I understand from Senator sufficient service for small and medium would allow up to 20 small commu- ROBB that many Virginians continue to sized cities. We need to provide for nities to share in the cost of building find that increase objectionable. I service by new entrant carriers that contract control towers. I am hopeful know my distinguished colleague from can provide for real competition on the that South Dakota will have the oppor- Virginia will continue to make persua- price of tickets, increased ability to tunity to participate in the Small sive arguments against the increase, provide for turboprops so our smaller Community Aviation Development and I look forward to that debate. cities can have proper service, and re- Program. Although there may be different pro- gional jets for improved service to mid Mr. President, some have suggested visions in this bill that each of us of sized cities. While I am pleased with that we should use S. 82 as a vehicle to may find objectionable, I hope my col- the action by the House, I do believe reform the air traffic control (ATC) leagues will join me in supporting S. that it is important that the conferees system. Due to a number of factors, in- 82, the Air Transportation Improve- support the content of the original cluding bad weather, flight delays ment Act. We simply cannot continue Gorton proposal. reached record levels this summer. to fund the FAA and the AIP program Mr. MCCAIN. Mr. President, I do Last month, Senator ROCKEFELLER with short-term extensions. It is unfair agree with the comments of both Sen- noted on the Senate floor that air traf- to the FAA, and it is unfair to airports ators from Iowa about the need to fic control delays increased by 19 per- in South Dakota and throughout the eliminate the slot rule in two phases at cent from January to July of this year country. I encourage my colleagues to O’Hare. As I stated this morning, I am and by 36 percent from May to June support S. 82, the Air Transportation a supporter of the Gorton slot amend- when compared to the same time peri- Improvement Act. ment before its modification by Sen- ods last year. The Air Transport Asso- Mr. GRASSLEY. I have filed an ator FITZGERALD. I intend to do what I ciation estimates that the cost of air amendment dealing with child exploi- can to have the conference report on traffic control delays is $4.1 billion an- tation which I will not press at this the bill contain the provisions of that nually. time. However, during the conference measure regarding O’Hare which I be- The Administrator of the FAA, Jane on the FAA bill, I intend to pursue the lieve is good policy. Harvey, recently announced a number matter further. It is my understanding Providing for a 40 month first phase of short-term plans to reduce air traffic that Senator MCCAIN will be willing to during which regional jets and turbo- control delays. Ensuring aviation safe- entertain soon an amendment during prop aircraft to airports with under ty must always be the FAA’s top pri- conference. Is that correct? two million enplanements, as well as ority. But I think Administrator Har- Mr. MCCAIN. That is correct. vey should be commended for working Mr. HARKIN. Mr. President, the Sen- exemption of new entrant carriers, all with the airlines to determine ways to ate struck the portion of the Gorton under the limitations set out in the reduce air traffic control delays while slots amendment concerning O’Hare original amendment would be exempt maintaining the FAA’s commitment to Airport and inserted a portion of the from the slot rule is crucial. These are safety. Although these short-term im- language that had appeared in last key elements of a first phase in the provements may help reduce flight years measure. I understand that was elimination of slots at O’Hare. I will delays, Administrator Harvey and Sec- not done because the Chairman and also support the increased service pro- retary of Transportation, Rodney Senator ROCKEFELLER supported the visions that allow for improved service Slater, insist that more must be done substance of the change. I understand in conference. to modernize the AT for the long-term. there was a concern with the filing of Mr. ROCKEFELLER. Mr. President, I Last week, Senators ROCKEFELLER over 300 amendments on the issue. It fully agree with Senators HARKIN and and GORTON introduced a bill with a was clear that we would have had dif- GRASSLEY and Chairman MCCAIN. It is package of ATC improvements, and I ficulty finishing the bill if the Senate very important that service to small am pleased that they plan to offer this was forced to consider those amend- and mid-sized cities be improved. I be- proposal as an amendment to Air ments. Now we can move this measure lieve that the Gorton slot provisions as Transportation Improvement Act. to conference. I am hopeful that we originally proposed was good policy Their proposal would create a Chief Op- will see the slot rule eliminated in two that I intend to support in conference. erating Officer position with responsi- phases in the conference. I believe that Both Senators HARKIN and GRASSLEY October 5, 1999 CONGRESSIONAL RECORD — SENATE S11949 have worked hard toward the develop- SUCCESSFUL INTERCEPT TEST OF Scud C. According to the summary of ment of the slot amendment con- THE NATIONAL MISSILE DE- the National Intelligence Estimate, cerning O’Hare and the New York Air- FENSE SYSTEM Iran is receiving technical assistance ports and their interest is well noted Mr. COCHRAN. Mr. President, I am from Russia, and North Korea from and I intend to do what I can in con- sure that by now Senators have heard China. ference to provide for a mechanism the news that this past weekend a key These disturbing trends suggest the ballistic missile threat—both to our along the lines that they proposed be element of our national missile defense forces deployed overseas and to our agreed to in the conference. system was successfully tested when a homeland—continue to increase, and it The PRESIDING OFFICER (Mr. self-guided vehicle intercepted and de- makes the recent successes all the BROWNBACK). The question is on the en- stroyed an intercontinental ballistic more important. I congratulate the grossment and third reading of the bill. missile in outer space some 140 miles Army, the Ballistic Missile Defense Or- The bill was ordered to be engrossed above the Pacific Ocean. ganization, and the contractor teams for a third reading and was read the This test was another in a string of third time. on their successes. successes of our new missile defense Saturday’s success does not mean all The PRESIDING OFFICER. Under technology. The test last Saturday the previous order, the clerk will re- the technical problems in our missile evening follows two consecutive suc- defense programs are solved, but the port H.R. 1000 by title. cessful intercepts each for the PAC–3 The legislative clerk read as follows: successful intercepts do confirm that and THAAD theater missile defense the test programs are proving the tech- A bill (H.R. 1000) to amend title 49, United systems. States Code, to reauthorize programs of the nology of missile defense is maturing The timing of this good news is fortu- and that, with the appropriate re- Federal Aviation Administration, and for nate, coming as it does a few weeks other purposes. sources, the talented men and women after our intelligence community re- The Senate proceeded to consider the in our military and defense industries leased an unclassified summary of a who are working on these programs are bill. new intelligence estimate which shows The PRESIDING OFFICER. Under making very impressive progress on both theater and long-range ballistic the development of workable theater the previous order, all after the enact- missile threats continue to grow. That ing clause of H.R. 1000 is stricken and and national missile defense systems. summary states: We should be very pleased with these the text of S. 82, as amended, is in- The proliferation of [Medium Range Bal- successes and continue to support a ro- serted in lieu thereof. The question is listic Missiles]—driven primarily by North bust missile defense program. on third reading of the bill. Korean No-Dong sales—has created an imme- I yield the floor. The amendment was ordered to be diate, serious, and growing threat to U.S. f engrossed and the bill to be read a forces, interests and allies in the Middle East third time. and Asia and has significantly altered the MILLENNIUM DIGITAL COMMERCE The bill (H.R. 1000), as amended, was strategic balances in those regions. ACT ordered to a third reading and was read Our new theater missile defense sys- Mr. ABRAHAM. Mr. President, I won- the third time. tems such as PAC–3, THAAD, and the der if the Chairman of the Banking The PRESIDING OFFICER. The bill airborne laser, and the Navy’s area and Committee, Senator GRAMM, would having been read the third time, the theaterwide systems will help redress agree to a short colloquy with respect question is, Shall the bill pass? those balances and ensure the security to the issues we are currently address- The bill (H.R. 1000), as amended, was of our forces and our allies. ing in S. 761, the Millennium Digital passed, as follows: The summary of the new intelligence Commerce Act. (The bill will be printed in a future estimate also discloses that new ICBM Mr. GRAMM. I am pleased to discuss edition of the RECORD.) threats to the territory of the United this legislation with my colleague from The PRESIDING OFFICER. S. 82 is States could appear in a few years and Michigan. returned to the calendar. that those threats may be more sophis- Mr. ABRAHAM. It is my under- Mr. ROCKEFELLER. Mr. President, I ticated than previously estimated. The standing that the Banking Committee thank the Presiding Officer. I want to summary states: is currently reviewing this legislation thank some folks because this is im- Russia and China each have developed nu- and the impact it might have on bank- portant to do. I thank Senators HOL- merous countermeasures and probably are ing regulations and law. LINGS, GORTON, MCCAIN, DASCHLE, Ma- willing to sell the requisite technologies. Mr. GRAMM. As I understand it, one jority Leader LOTT, and Senator DODD, It states that countries such as North proposed amendment to S. 761 contains obviously, on the slot question. I thank Korea, Iran, and Iraq could ‘‘develop language which would preclude the use very much Senators SCHUMER, DURBIN, countermeasures based on these tech- of electronic records by business in in- HARKIN and ROBB for their cooperation. nologies by the time they flight-test stances where there is a state law or On the Democratic Commerce staff, I their missiles. regulation affecting that record and thank Sam Whitehorn, Kevin Kayes, The Washington Times reported re- that notification and disclosure re- Julia Kraus and Kerry Ates, who works cently that China’s recent test of the quirements in particular would be pre- with me; and on the GOP Commerce DF–31 ICBM employed such counter- cluded from being sent electronically. staff, Ann Choiniere and Michael Rey- measures, and if the Chinese are will- Mr. ABRAHAM. That is correct. nolds; and on Senator GORTON’s staff, ing to share this technology with rogue Mr. GRAMM. That, Mr. President, is Brett Hale. They have all done wonder- states such as North Korea, as the in- what causes some concern. I would say ful work and I thank them. telligence summary estimates, the to the Senator from Michigan that I Mr. CRAPO addressed the Chair. threat we face may be more sophisti- understand what your legislation in- The PRESIDING OFFICER. The Sen- cated than previously anticipated. tends to do and I support the goals of ator from Idaho is recognized. The intelligence summary notes a re- this bill, but notification and disclo- lated trend that was also illustrated in sure requirements are the responsi- f a recent news report. It states: bility of the Banking Committee. At Foreign assistance continues to have de- this time, the Federal Reserve is for- mulating regulations for the use of MORNING BUSINESS monstrable effects on missile advances around the world. Moreover, some countries electronic records by banks and mort- Mr. CRAPO. Mr. President, I ask that have traditionally been recipients of gage providers, and notification and unanimous consent that the Senate foreign missile technology are now sharing disclosure requirements will be a part now proceed to a period for morning more amongst themselves and are pursuing of the proposed rules. business, with Senators permitted to cooperative missile ventures. For that reason, I believe the Bank- speak therein for up to 10 minutes Recently, the Jerusalem Post re- ing Committee should have the oppor- each. ported Syria is, with the help of Iran, tunity to consider this matter. The PRESIDING OFFICER. Without developing a new 500 kilometer-range Mr. ABRAHAM. I thank my col- objection, it is so ordered. missile based on the North Korean league for explaining his thoughts on S11950 CONGRESSIONAL RECORD — SENATE October 5, 1999 this bill. While I would note that the Medicare beneficiaries, but all of the additional time to switch plans if their opportunities presented by electronic citizens in that same community who plan terminates. For clinics, this bill records go beyond banks, it is certainly need access to health care. will create a new payment system that not my intention to have this bill Back in 1997, I did not support the is linked to 1999 costs along with subse- interfere in the jurisdiction of the Balanced Budget Act. In fact, when quent updates. For hospices, this bill Banking Committee. Therefore, I this came up for consideration back will increase hospice payments by the would ask the Chairman whether the then I said ‘‘Mr. President, this is a full market basket updates. portion of the language pertaining to huge mistake - a huge mistake.’’ Real- This bill will allow many medical fa- records would best be removed from izing the vital role of Medicare in our cilities in my state to continue oper- the bill and left for further work by the country, I thought that we should be ating. I’m sure the same holds true for Banking Committee. going in the opposite direction - pro- most states. We need to pass this bill Mr. GRAMM. Yes it would. I would viding the opportunity for all Ameri- now. Health care is too important an also say to the Senator from Michigan cans to access decent healthcare. Al- issue. Even though not everybody has that, with this modification, I would though BBA passed, I did hope that it access to it, we do have a great health have no further objection to the con- would not severely impact Medicare care system and it needs to be pre- sideration of this bill. Also, I want to beneficiaries or the healthcare estab- served. The BBA was a mistake, and once again express my support for what lishments that provide their care. Un- now is the time to limit some of the re- the Senator is seeking to accomplish fortunately, my worst fears have come sulting adverse consequences. I hope and pledge to assist him in this effort. true. that my colleagues will join me in sup- Mr. ABRAHAM. I thank the distin- I have had an almost continuous port of this bill. guished Chairman for his input. stream of people from Minnesota come f into my office and tell me about the Mr. GRAMM. I thank my colleague THE VERY BAD DEBT BOXSCORE from Michigan. dramatic, draconian effects that BBA Mr. HELMS. Mr. President, at the f has had on the ability of medical estab- lishments to provide needed medical close of business yesterday, Monday, CLEMENCY OFFER TO FALN services to people in my state. We have October 4, 1999, the Federal debt stood MEMBERS heard from large academic teaching at $5,654,411,268,306.82 (Five trillion, six Mr. COVERDELL. Mr. President, as hospitals, small rural clinics, home hundred fifty-four billion, four hundred you know I have been a strong critic of healthcare agencies, skilled nursing fa- eleven million, two hundred sixty-eight the President’s recent decision to offer cilities, hospices and physicians. It is thousand, three hundred six dollars and clemency to the 16 members of the hard to think of a medical establish- eighty-two cents). Puerto Rican terrorist organization ment that has not been impacted by Five years ago, October 4, 1994, the FALN. I have held hearings on this these cuts. According to the hospitals Federal debt stood at $4,692,027,000,000 matter and have seen the outrage this in my state, the total impact of BBA (Four trillion, six hundred ninety-two billion, twenty-seven million). action has prompted in many of my cuts for Minnesota over 5 years will be Ten years ago, October 4, 1989, the constituents and the public at large. I $908 million. The prognosis is really Federal debt stood at $2,878,049,000,000 have received numerous communica- disturbing. We hear many service pro- (Two trillion, eight hundred seventy- tions regarding this situation which viders tell us they can not continue eight billion, forty-nine million). criticize the President’s decision and their operations because of these cuts. Fifteen years ago, October 4, 1984, the question his motives. In particular, I They are going to close their doors and Federal debt stood at $1,572,268,000,000 would like to thank Larry Stewart of shut down. Some of these establish- (One trillion, five hundred seventy-two Lynchburg, Virginia, one of the first to ments are located in rural settings billion, two hundred sixty-eight mil- bring this matter to my attention. His where they are the only hospital or lion). interest in this action and its effect on clinic or nursing facility within dozens Twenty-five years ago, October 4, our overall terrorism policy have been and dozens of miles. What is going to 1974, the Federal debt stood at appreciated and helpful to me as our happen when these facilities close? The $476,919,000,000 (Four hundred seventy- work on this issue has progressed. answer is that peoples’ health will suf- six billion, nine hundred nineteen mil- f fer and the communities will suffer lion) which reflects a debt increase of economically. The communities will THE MEDICARE BENEFICIARIES more than $5 trillion— suffer because they don’t have a hos- ACCESS TO CARE ACT $5,177,492,268,306.82 (Five trillion, one pital. Businesses will be reluctant to hundred seventy-seven billion, four Mr. WELLSTONE. Mr. President, I locate in a community that does not hundred ninety-two million, two hun- speak today in support of Senator have access to healthcare. dred sixty-eight thousand, three hun- DASCHLE’s bill titled the Medicare Ben- It doesn’t have to be this way. In the dred six dollars and eighty-two cents) eficiary Access to Care Act, S.1678. I United States Senate, we have the op- during the past 25 years. am proud to cosponsor this important portunity to fix some of the problems f bill because it will provide relief for created by BBA. Senator DASCHLE’s bill health care providers suffering under will lessen the impact of the BBA cuts MESSAGE FROM THE HOUSE drastic cuts resulting from the Bal- on providers, thus benefitting patients. ENROLLED BILLS SIGNED anced Budget Act (BBA) of 1997. That I think this package will make a sub- At 9:32 a.m., a message from the legislation has had a very negative im- stantial difference. House of Representatives, delivered by pact on the Medicare program and the This bill will help our teaching hos- Ms. Niland, one of its reading clerks, financial viability of our medical es- pitals by limiting further decreases in announced that the Speaker has signed tablishments providing care under that the Indirect Medical Education pay- the following enrolled bills: program. The Senate Minority Leader’s ments. Teaching hospitals are impor- S. 1606. An act to reenact chapter 12 of title legislation will scale back some of the tant not only because they train future 11, United States Code, and for other pur- BBA reductions and therefore provide physicians, but also because they treat poses. the necessary reimbursement for pro- a large number of Medicare bene- S. 323. An act to redesignate the Black viders who give needed medical serv- ficiaries. For skilled nursing facilities, Canyon of the Gunnison National Monument ices to patients. Let me be clear, pa- this bill will repeal the $1500 therapy as a national park and establish the Gunni- son Gorge National Conservation Area, and tients will be the ultimate bene- caps for three years until a new system for other purposes. ficiaries when this bill is enacted. A can be implemented. For Home H.R. 2084. An act making appropriations basic fact is that any person seeking Healthcare Agencies, this bill for the Department of Transportation and medical attention will likely visit a postpones the 15% cut in payments for related agencies for the fiscal year ending medical establishment currently being 2 years. For physicians, this bill would September 30, 2000, and for other purposes. affected by BBA payment reductions. If smooth out the fluctuations in physi- The enrolled bills were signed subse- medical facilities close due to BBA cian payment rates. For Medicare Plus quently by the President pro tempore cuts, it will adversely impact not only Choice, this bill provides enrollees with (Mr. THURMOND). October 5, 1999 CONGRESSIONAL RECORD — SENATE S11951

At 11:05 a.m., a message from the North Carolina, Mr. CRAMER, and Mr. quests to appear and testify before any House of Representatives, delivered by OBEY as the managers of the con- duly constituted committee of the Sen- Ms. Niland, one of its reading clerks, ference on the part of the House. ate.) announced that the House has passed The message further announced that f the following bills, in which it requests pursuant to section 301 of Public Law INTRODUCTION OF BILLS AND the concurrence of the Senate: 104–1, the Speaker and the Minority JOINT RESOLUTIONS H.R. 356. An act to provide for the convey- Leader of the House of Representatives ance of certain property from the United and the Majority and Minority Leaders The following bills and joint resolu- States to Stainislaus County, California. of the United States Senate appoints tions were introduced, read the first H.R. 1451. An act to establish the Abraham jointly the following individuals to a 5- and second time by unanimous con- Lincoln Bicentennial Commission. sent, and referred as indicated: H.R. 1794. An act concerning the participa- year term to the Board of Directors of By Mr. MURKOWSKI: tion of Taiwan in the World Health Organiza- the Office of Compliance: Mr. Alan V. Friedman of California, Ms. Susan S. S. 1686. A bill to provide for the convey- tion (WHO). ances of land interests to Chugach Alaska H.R. 2401. An act to amend the U.S. Holo- Robfogel of New York, and Ms. Barbara Corporation to fulfill the intent, purpose, caust Assets Commission Act of 1998 to ex- Childs Wallace of Mississippi. and promise of the Alaska Native Claims tend the period by which the final report is f Settlement Act, and for other purposes; to due and to authorize additional funding. the Committee on Energy and Natural Re- H.R. 2607. An act to promote the develop- MEASURES REFERRED sources. ment of the commercial space transpor- By Mr. MCCAIN: tation industry, to authorize appropriations The following bills were read the first S. 1687. A bill to amend the Federal Trade for the Office of the Associate Administrator and second times by unanimous con- Commission Act to authorize appropriations for Commercial Space Transportation, to au- sent and referred as indicated: for the Federal Trade Commission; to the thorize appropriations for the Office of Space H.R. 1451. An act to establish the Abraham Committee on Commerce, Science, and Commercialization, and for other purposes. Lincoln Bicentennial Commission; to the Transportation. H.R. 2681. An act to establish a program, Committee on the Judiciary. By Mr. LEVIN (for himself and Mr. coordinated by the National Transportation H.R. 1794. An act concerning the participa- AKAKA): Safety Board, of assistance to families of tion of Taiwan in the World Health Organiza- S. 1688. A bill to amend chapter 89 of title passengers involved in rail passenger acci- tion (WHO); to the Committee on Foreign 5, United States Code, relating to the Fed- dents. Relations. eral Employees Health Benefits Program, to The message also announced that the H.R. 2401. An act to amend the U.S. Holo- enable the Federal Government to enroll an House has agreed to the following con- caust Assets Commission Act of 1998 to ex- employee and the family of the employee in current resolutions in which it re- tend the period by which the final report is the program when a State court orders the quests the concurrence of the Senate: due and to authorize additional funding; to employee to provide health insurance cov- erage for a child of the employee, but the H. Con. Res. 171. Concurrent resolution the Committee on Banking, Housing, and Urban Affairs. employee fails to provide the coverage, and congratulating the American Public Transit for other purposes; to the Committee on Association for 25 years of commendable H.R. 2681. An act to establish a program, coordinated by the National Transportation Governmental Affairs. service to the transit industry and the Na- By Mr. GRASSLEY (for himself, Mr. tion. Safety Board, of assistance to families of passengers involved in rail passenger acci- HELMS, and Mr. DEWINE): H. Con. Res. 191. Concurrent resolution ex- S. 1689. A bill to require a report on the dents; to the Committee on Commerce, pressing the sense of the Congress that the current United States policy and strategy re- Science, and Transportation. Brooklyn Museum of Art should not receive garding counter-narcotics assistance for Co- Federal funds unless it closes its exhibits The following concurrent resolutions lombia, and for other purposes; to the Com- featuring works of a sacrilegious nature. were read and referred as indicated: mittee on Foreign Relations. The message further announced that H. Con. Res. 171. Concurrent resolution By Mr. MACK (for himself, Mr. SAR- the House disagrees to the amendment congratulating the American Public Transit BANES, Mr. DEWINE, Mr. LIEBERMAN, of the Senate to the bill (H.R. 2466) Association for 25 years of commendable Mr. JEFFORDS, Mr. KERREY, Mr. LUGAR, Mr. KERRY, Mr. DODD, and making appropriations for the Depart- service to the transit industry and the Na- Ms. LANDRIEU): ments of the Interior and related agen- tion; to the Committee on the Judiciary. H. Con. Res. 191. Concurrent resolution ex- S. 1690. A bill to require the United States cies for the fiscal year ending Sep- pressing the sense of the Congress that the to take action to provide bilateral debt re- tember 30, 2000, and for other purposes, Brooklyn Museum of Art should not receive lief, and improve the provision of multilat- and agrees to the conference asked by Federal funds unless it closes its exhibits eral debt relief, in order to give a fresh start the Senate on the disagreeing votes of featuring works of a sacrilegious nature; to to poor countries; to the Committee on For- eign Relations. the two Houses thereon; and appoints the Committee on Health, Education, Labor, By Mr. INHOFE (for himself, Mr. Mr. REGULA, Mr. KOLBE, Mr. SKEEN, and Pensions. GRAHAM, and Mr. VOINOVICH): Mr. TAYLOR of North Carolina, Mr. f S. 1691. A bill to amend the Robert T. Staf- NETHERCUTT, Mr. WAMP, Mr. KINGSTON, ford Disaster Relief and Emergency Assist- Mr. PETERSON of Pennsylvania, Mr. ENROLLED BILL PRESENTED ance Act to authorize programs for YOUNG of Florida, Mr. DICKS, Mr. MUR- The Secretary of the Senate reported predisaster mitigation, to streamline the ad- ministration of disaster relief, to control the THA, Mr. MORAN of Virginia, Mr. that on October 5, 1999, he had pre- Federal costs of disaster assistance, and for CRAMER, Mr. HINCHEY, and Mr. OBEY as sented to the President of the United other purposes; to the Committee on Envi- managers of the conference on the part States, the following enrolled bill: ronment and Public Works. of the House. S. 1606. An act to extend for 9 additional By Mr. SANTORUM (for himself, Mr. The message also announced that the months the period for which chapter 12 of SMITH of New Hampshire, Mr. ABRA- House disagrees to the amendment of title 11, United States Code, is reenacted. HAM, Mr. ASHCROFT, Mr. BROWNBACK, the Senate to the bill (H.R. 2684) mak- f Mr. BURNS, Mr. CRAIG, Mr. DEWINE, ing appropriations for the Departments Mr. ENZI, Mr. FRIST, Mr. GRAMM, Mr. of Veterans Affairs and Housing Devel- EXECUTIVE REPORTS OF GRASSLEY, Mr. HATCH, Mr. HUTCH- opment, and for sundry independent COMMITTEE INSON, Mr. KYL, Mr. MACK, Mr. MCCONNELL, Mr. NICKLES, Mr. SES- agencies, boards, commissions, cor- The following executive reports of a SIONS, Mr. SMITH of Oregon, Mr. porations, and for offices for the fiscal committee were submitted: THURMOND, Mr. WARNER, Mr. BEN- year ending September 30, 2000, and for By Mr. LUGAR, for the Committee on Ag- NETT, Mr. LOTT, Mr. ALLARD, Mr. other purposes, and agrees to the con- riculture, Nutrition, and Forestry: BOND, Mr. BUNNING, Mr. COCHRAN, Mr. ference asked by the Senate on the dis- Paul W. Fiddick, of Texas, to be an Assist- CRAPO, Mr. DOMENICI, Mr. FITZ- agreeing votes of the two Houses there- ant Secretary of Agriculture. GERALD, Mr. GORTON, Mr. GRAMS, Mr. on; and appoints Mr. WALSH, Mr. Andrew C. Fish, of Vermont, to be an As- HAGEL, Mr. HELMS, Mr. INHOFE, Mr. LUGAR, Mr. MCCAIN, Mr. MURKOWSKI, DELAY, Mr. HOBSON, Mr. KNOLLENBERG, sistant Secretary of Agriculture. Mr. ROBERTS, Mr. SHELBY, Mr. THOM- RELINGHUYSEN ICKER Mr. F , Mr. W , Mrs. (The above nominations were re- AS, Mr. VOINOVICH, and Mr. COVER- NORTHUP, Mr. SUNUNU, Mr. YOUNG of ported with the recommendation that DELL): S. 1692. A bill to amend title Florida, Mr. MOLLOHAN, Ms. KAPTUR, they be confirmed, subject to the nomi- 18, United States Code, to ban partial Mrs. MEEK of Florida, Mr. PRICE of nees’ commitment to respond to re- birth abortions; read the first time. S11952 CONGRESSIONAL RECORD — SENATE October 5, 1999

By Mr. GRAMS: CAC, were directed to study land own- By Mr. MCCAIN: S. 1693. A bill to protect the Social Secu- ership in and around the Chugach Re- S. 1687. A bill to amend the Federal rity surplus by requiring a sequester to gion in Alaska. The purpose of this Trade Commission Act to authorize ap- eliminate any deficit; to the Committee on study was twofold. The first purpose propriations for the Federal Trade the Budget, pursuant to the order of August 4, 1977, with instructions that if one Com- was to provide for a fair and just set- Commission; to the Committee on mittee reports, the other Committee have tlement of the Chugach people and re- Commerce, Science, and Transpor- thirty days to report or be discharged. alizing the intent, purpose, and prom- tation. f ise of the Alaska Native Claims Settle- FEDERAL TRADE COMMISSION REAUTHORIZATION ment Act by CAC. The second purpose ACT OF 1999 SUBMISSION OF CONCURRENT AND was to identify lands that, to the max- Mr. MCCAIN. Mr. President, today, I SENATE RESOLUTIONS imum extent possible, are of like kind am introducing the Federal Trade The following concurrent resolutions and character to those that were tradi- Commission Reauthorization Act. The and Senate resolutions were read, and tionally used and occupied by the Chu- bill will authorize funding for the Com- referred (or acted upon), as indicated: gach people and, to the maximum ex- mission for fiscal years 2001 and 2002. By Mr. WARNER (for himself and Mr. tent possible, those that provide access The measure sets spending levels at DODD): to the coast and are economically via- $149 million in FY 2001 and increases S. Res. 196. A resolution commending the ble. that amount for inflation and manda- submarine force of the United States Navy On September 17, 1982, the parties en- tory pay benefits to $156 for FY 2002. on the 100th anniversary of the force; to the tered into an agreement now known as The Federal Trade Commission (FTC) Committee on Armed Services. the 1982 Chugach Natives, Inc. Settle- has two primary missions: (1) the pre- f ment Agreement that set forth a fair vention of anticompetitive conduct in and just settlement for the Chugach STATEMENTS ON INTRODUCED the marketplace; and (2) the protection people pursuant to the study directed BULLS AND JOINT RESOLUTIONS of consumers from unfair or deceptive by Congress. Among the many provi- acts or practices. The Commission ac- By Mr. MURKOWSKI: sions of this agreement the United complishes its anticompetitive mission S. 1686. A bill to provide for the con- States was required to convey to CAC primarily through premerger reviews veyances of land interests to Chugach not more than 73,308 acres of land in under that Hart-Scott-Rodino Act. Alaska Corporation to fulfill the in- the vicinity of Carbon Mountain. The Under that Act, merger and acquisi- tent, purpose, and promise of the Alas- land eventually conveyed contained tions of a specified size are reviewed ka Native Claims Settlement Act, and significant amounts of natural re- for anticompetitive impact. During the for other purposes; to the Committee sources that were inaccessible by road. 1990’s, the number of mergers that met on Energy and Natural Resources. A second major provision of the Settle- these size requirements tripled. This ment Agreement granted CAC rights- CHUGACH ALASKA NATIVES SETTLEMENT has placed an increased burden on the IMPLEMENTATION ACT OF 1999 of-way across Chugach National Forest Commission. to their land and required the United ∑ Mr. MURKOWSKI. Mr. President. Additionally, the Commission pur- States to also grant an easement for This morning I rise to introduce legis- sues claims of unfair or deceptive prac- the purpose of constructing and using lation to implement a settlement tices or acts—essentially fraud. As roads and other facilities necessary for agreement between the Chugach Alas- electronic commerce on the Internet development of that tract of land on ka Corporation (CAC) and the United increases, fraud will certainly increase terms and conditions to be determined States Forest Service. This legislation with it and the FTC should and will in accordance with the Settlement will fulfill a long overdue commitment play a role in protecting consumers on Agreement. It is obvious that without of the Federal government made to the Internet, as they do in the tradi- certain Alaska Natives. such an easement the land conveyed to CAC could not be utilized or developed tional market place. The Commission’s I am terribly troubled and dis- performance of these dual missions is appointed that Congress must once in a manner consistent with the intent of Congress as expressed in ANILCA vital to the protection of consumers. again step in to secure promises to The Commission was last reauthor- and ANCSA. Alaska Natives that at best have been ized in 1996. That legislation provided unnecessarily delayed by this Adminis- More than seventeen years after the Settlement Agreement was signed the for funding levels of $107 million in FY tration and at worst have been tram- 1997 and $111 million in FY 1998. The pled by them. much needed easement still has not been granted and CAC remains unable bill I introduce today increases the pre- This legislation will accomplish vious authorization by $37 million. In three goals: to make economic use of their lands. It seems absurd to me that Congress general, the increase is necessary to It will direct the Secretary of Agri- meet the rising number of merger re- culture to, not later than 90 days after passed a Settlement Act for the Benefit of Alaska Natives; then the federal views under the Hart-Scott-Rodino Act enactment, grant CAC the access and to protect consumers in the ex- rights they were granted under the government entered into a Settlement Agreement to implement that Act panding world of e-commerce. Accord- Alaska National Interest Lands Con- ing to the Commission’s justification, servation Act. where the CAC was concerned; and today, we find ourselves once again in the new authorization would fund 25 It will return to CAC cemetery and additional employees to work on merg- historical sites they are entitled to a position of having to force the gov- ernment to comply with these agree- er and Internet issues. It will also help under section 14(h)(1) of the Alaska Na- ments. the Commission upgrade its computing tive Claims Settlement Act. I have spoken directly to the Chu- facilities and fund increased consumer It will require the Secretary of Agri- gach Forest Supervisor, the Regional education activities. culture to coordinate the development, Forester, and to the Chief of the Forest The authorization, however, does not maintenance, and revision of land and Service about this issue. Just last provide for the full amount requested resource management plans for units of month I facilitated a meeting between by the Commission. In a recent re- the National Forest System in Alaska the Forest Service and CAC to work quest, the Commission asked for $176 with the plans of Alaska Native Cor- out final details. While the parties million in FY2002. While I agree the porations for the utilization of their thought they had an agreement in Commission plays an important role in lands which are intermingled with, ad- principle it fell apart once it reached protecting consumers, their request jacent to, or dependent for access upon Washington, D.C. Therefore, I find it represents more than a 50% increase in National Forest System lands. necessary to once again have Congress their authorization over a four-year pe- BACKGROUND rectify inaction on behalf of the Forest riod. At this point, I am not convinced Pursuant to section 1430 of the Alas- Service. that such a dramatic increase is war- ka National Interest Lands Conserva- It is my intent to hold a hearing on ranted. tion Act (ANILCA), the Secretary of this issue in the Energy and Natural As we move through the authoriza- the Interior, the Secretary of Agri- Resources Committee as soon as pos- tion process, I look forward to hearing culture, the State of Alaska, and the sible.∑ further from the FTC as to why such October 5, 1999 CONGRESSIONAL RECORD — SENATE S11953 an increase is needed to meet its statu- Mr. President, I ask unanimous con- may not discontinue the self and family en- tory functions. I also hope to explore sent that a copy of the bill be printed rollment in a plan that provides full benefits other ways we can improve the Com- in the RECORD. and services in the location in which the mission’s ability to protect customers There being no objection, the bill was child resides for the period that the court or administrative order remains in effect if the without increasing spending. ordered to be printed in the RECORD, as child meets the requirements of section For example, I was very interested in follows: 8901(5) during such period. the comments of the FTC nominee S. 1688 ‘‘(B) Enrollment described under subpara- Thomas Leary during his confirmation Be it enacted by the Senate and House of Rep- graph (A) may be discontinued if the em- hearing regarding the Commission’s resentatives of the United States of America in ployee provides documentation dem- merger review process. I know over the Congress assembled, onstrating that the required coverage has past few years, the Commission has SECTION 1. SHORT TITLE. been provided through other health insur- taken steps to simplify this process re- This Act may be cited as the ‘‘Federal Em- ance.’’. ducing its own costs and the costs to ployees Health Benefits Children’s Equity SEC. 3. FEDERAL EMPLOYEES’ RETIREMENT SYS- Act of 1999’’. TEM ANNUITY SUPPLEMENT COM- the business community. Mr. Leary in- PUTATION. dicated, however, that more work SEC. 2. ENROLLMENT OF CERTAIN EMPLOYEES Section 8421a(b) of title 5, United States could be done to change the internal AND FAMILY. Code, is amended by adding at the end the procedures of the FTC to further re- Section 8905 of title 5, United States Code, following new paragraph: is amended— ‘‘(5) Notwithstanding paragraphs (1) duce the number of reviews without (1) by redesignating subsections (f) and (g) harming competition. I look forward to through (4), the reduction required by sub- as subsections (g) and (h), respectively; and section (a) shall be effective during the 12- exploring this topic with Mr. Leary and (2) by inserting after subsection (e) the fol- the other commissioners. month period beginning on the first day of lowing: the seventh month after the end of the cal- I look forward to working with the ‘‘(f)(1)(A) An unenrolled employee who is endar year in which the excess earnings were required by a court or administrative order members of the Commerce Committee, earned.’’. the full Senate, and the Commission as to provide health insurance coverage for a we move through the authorization child who meets the requirements of section By Mr. GRASSLEY (for himself, process. 8901(5) may enroll for self and family cov- erage in a health benefits plan under this Mr. HELMS, and Mr. DEWINE): S. 1689. A bill to require a report on By Mr. LEVIN (for himself and chapter. ‘‘(B) The employing agency of an employee the current United States policy and Mr. AKAKA): strategy regarding counter-narcotics S. 1688. A bill to amend chapter 89 of described under subparagraph (A) shall en- roll the employee in a self and family enroll- assistance for Colombia, and for other title 5, United States Code, relating to ment in the option which provides the lower purposes; to the Committee on Foreign the Federal Employees Health Benefits level of coverage under the service benefit Relations. Program, to enable the Federal Gov- plan if the employee— COLOMBIAN COUNTER-NARCOTICS ASSISTANCE ernment to enroll an employee and the ‘‘(i) fails to enroll for self and family cov- LEGISLATION family of the employee in the program erage in a health benefits plan that provides Mr. GRASSLEY. Mr. President, I when a State court orders the em- full benefits and services in the location in ∑ ployee to provide health insurance cov- which the child resides; and share many of my colleagues concerns erage for a child of the employee, but ‘‘(ii) does not provide documentation dem- about the need to do more to aid Co- the employee fails to provide the cov- onstrating that the required coverage has lombia. But I also believe that our aid been provided through other health insur- must be based on a clear and consistent erage, and for other purposes; to the ance. Committee on Governmental Affairs. plan, not on good intentions. We do Co- ‘‘(2)(A) An employee who is enrolled as an lombia no favors by throwing money at FEDERAL EMPLOYEES HEALTH BENEFITS individual in a health benefits plan under the problem. We do not help ourselves. CHILDREN’S EQUITY ACT OF 1999 this chapter and who is required by a court Mr. LEVIN. Mr. President, I rise to or administrative order to provide health in- Too often, throwing money at a prob- introduce, along with my distinguished surance coverage for a child who meets the lem is the same thing as throwing colleague Senator AKAKA, the Federal requirements of section 8901(5) may change money away. For that reason, I, along Employees Health Benefits Children’s to a self and family enrollment in— with Senator HELMS and Senator ‘‘(i) the health benefits plan in which the DEWINE, am introducing legislation Equity Act of 1999. employee is enrolled; or This legislation concerns Federal em- today calling on the U.S. Administra- ‘‘(ii) another health benefits plan under tion to present a plan. ployees who are under a court order to this chapter. provide health insurance to their de- ‘‘(B) The employing agency of an employee Colombia is the third largest recipi- pendent children. If a Federal em- described under subparagraph (A) shall ent of U.S. security aid behind Israel ployee is under such a court order and change the enrollment of the employee to a and Egypt. It is also the largest sup- his dependent children have no health self and family enrollment in the plan in plier of cocaine to the United States. insurance coverage, the Federal gov- which the employee is enrolled if— But, we seem to find ourselves in the ernment would be authorized to enroll ‘‘(i) such plan provides full benefits and midst of a muddle. Our policy appears the employee in a ‘‘family coverage’’ services in the location where the child re- to be adrift, and our focus blurred. sides; and health plan. If the employee is not en- This past Tuesday, the Caucus on ‘‘(ii) the employee— International Narcotics Control held a rolled in any health care plan, the Fed- ‘‘(I) fails to change to a self and family en- eral government would be authorized rollment; and hearing to ask the Administration for to enroll the employee and his or her ‘‘(II) does not provide documentation dem- a specific plan and a detailed strategy family in the standard option of the onstrating that the required coverage has outlining U.S. interests and priorities service benefit plan. The bill would been provided through other health insur- dealing with counter-narcotics efforts also prevent the employee from can- ance. in Colombia. Before we in Congress get celing health coverage for his depend- ‘‘(C) The employing agency of an employee involved in a discussion about what described under subparagraph (A) shall ent children for the term of the court and how much equipment we should be change the coverage of the employee to a sending to Colombia, we need to dis- order. self and family enrollment in the option This bill would close a loophole cre- which provides the lower level of coverage cuss whether or not we should send any ated by the 1993 Omnibus Budget Rec- under the service benefit plan if— and why. Recent press reports indicate onciliation Act. The 1993 bill required ‘‘(i) the plan in which the employee is en- that the Administration is preparing a each State to enact legislation requir- rolled does not provide full benefits and serv- security assistance package to Colom- ing an employer to enroll a dependent ices in the location in which the child re- bia with funding from $500 million dol- child in an employee’s group health sides; or lars to somewhere around $1.5 billion plan when an employee is under a court ‘‘(ii) the employee fails to change to a self dollars. order to provide health insurance for and family enrollment in a plan that pro- And yet, Congress hasn’t been able to vides full benefits and services in the loca- his or her child but neglects to do so. tion where the child resides. evaluate any strategy. That’s because This legislation simply provides Fed- ‘‘(3)(A) Subject to subparagraph (B), an em- there is none. From the hearing, it eral agencies with the same authority ployee who is subject to a court or adminis- seems the Administration is incapable granted to the states. trative order described under this section of thinking about the situation with S11954 CONGRESSIONAL RECORD — SENATE October 5, 1999 any clarity or articulating a strategy Mr. President, the problems that menting sound economic reforms and with any transparency. It seems con- yield such grim statistics will never be helping their people live longer, fused as to what is actually happening solved without a monumental commit- healthier and more prosperous lives. In in Colombia. ment of will from their leaders, their order to receive debt relief under our At Tuesday’s hearing, representa- citizens, and the outside world. That is bill, countries must commit the sav- tives from the Department of State and not what we propose to do here today. ings to policies that promote growth the Department of Defense assured me Our bill is only a small step in the and expand citizens’ access to basic they were currently working on a de- right direction, but it is one we can do services like clean water and edu- tailed strategy to be unveiled at some quickly and for relatively little cost. cation. future point. So far there have been The effort to forgive the debts of the We have included a strict prohibition difficulties in creating a detailed and world’s poorest countries has been on- in our bill on providing relief to coun- coherent strategy and presenting it to going for more than a decade. During tries that sponsor terrorism, spend ex- Congress. Today we are introducing a this time the international community cessively on their militaries, do not co- bill that requires the Secretary of and the G7 came to the realization that operate on narcotics matters, or en- State to submit to Congress within 60 the world’s poorest countries are sim- gage in systematic violations of their days a detailed report on current U.S. ply unable to repay the debt they owe citizens’ human rights. We are not pro- policy and strategy for counter-nar- to foreign creditors. The external debt posing to help any country that is not cotics assistance for Colombia. for many of the developing nations is first willing to help itself. This is an issue that will not just more than twice their GDP, leaving Mr. President, the debt accumulated simply disappear. Before we begin ap- many unable to even pay the interest in the developing world throughout the propriating additional funding for Co- on their debts. We must accept the fact Cold War and into the 1990s has become lombia, we need strategies and goals, that this debt is unpayable. the ques- a significant impediment to the imple- not just piecemeal assistance and oper- tion is not whether we’ll ever get paid mentation of free-market economic re- ations. I strongly urge my colleagues back, but rather what we can encour- forms and the reduction of poverty. We to support this bill. age these heavily indebted countries to in the developed world have an interest By Mr. MACK (for himself, Mr. do for themselves in exchange for our in removing this impediment and pro- SARBANES, Mr. DEWINE, Mr. forgiveness. viding the world’s poorest countries LIEBERMAN, Mr. JEFFORDS, Mr. Our bill requires the President to for- with the opportunity to address their KERREY, Mr. LUGAR, Mr. KERRY, give at least 90 percent of the entire bi- underlying economic problems and set Mr. DODD, and Ms. LANDRIEU): lateral debt owed by the world’s heav- a course for sustainability. S. 1690. A bill to require the United ily indebted poor countries in exchange I believe our bill is an important first States to take action to provide bilat- for verifiable commitments to pursue step in this process and I look forward eral debt relief, and improve the provi- economic reforms and implement pov- to the support of my colleagues in the sion of multilateral debt relief, in erty alleviation measures. While Senate.∑ order to give a fresh start to poor coun- roughly $6 billion is owed to the United ∑ Mr. SARBANES. Mr. President, I am ties; to the Committee on Foreign Re- States by these poor countries, it is es- pleased to join today with my col- lations. timated the cost of forgiving this debt league from Florida, Mr. MACK, in in- DEBT RELIEF FOR POOR COUNTRIES ACT OF 1999 would be less than ten percent of that troducing the ‘‘Debt Relief for Poor ∑ Mr. MACK. Mr. President, I rise amount. The U.S. share of the bilateral Countries Act of 1999.’’ This bill is the today with my colleague from Mary- debt is less than four percent of the companion legislation to H.R. 1095, of- land, Mr. SARBANES, to introduce the total, but our action would provide fered in the House by Representatives Debt Relief for Counties Act of 1999. leadership to the rest of the world’s LEACH and LAFALCE and cosponsored This bill simply forgives much of the creditor nations and provide some sav- by 116 other Members. debt owed to us by the world’s poorest ings benefits to these countries as well. The purpose of the bill is to provide countries in exchange for commit- Our bill also requires a restructuring the world’s poorest countries with re- ments from these countries to reform of the IMF and World Bank’s Heavily lief from the crippling burden of debt their economies and work toward a Indebted Poor Countries Initiative and to encourage investment of the better quality of life for their people. (HIPC). This program was begun in proceeds in health, education, nutri- Our effort today is premised on the fact 1996, but to date only three countries tion, sanitation, and basic social serv- that we must help these poverty- have received any relief. While the ices for their people. stricken nations break the vicious premise of HIPC is sound, its short- All too often, payments on the for- cycle of debt and give them the eco- comings have become evident during eign debt—which account for as much nomic opportunity to liberate their fu- the implementation. It promises much, as 70 percent of government expendi- tures. I ask my colleagues to join me in but in reality it benefits too few coun- tures in some countries—mean there is this worthwhile effort. tries, offers too little relief, and re- little left to meet the basic human Today, the world’s poorest countries quires too long a wait before debt is needs of the population. In effect, debt owe an average of $400 for every man, forgiven. A process of reforming the service payments are making it even woman, and child within their borders. HIPC was begun this year during the harder for the recipient governments This is much more than most people in G7’s meeting in Cologne, and our bill to enact the kinds of economic and po- these countries make in a year. Debt meets or exceeds the standards set out litical reforms that the loans were de- service payments in many cases con- in the Cologne communique. signed to encourage, and that are nec- sume a majority of a poor country’s Specifically, we shorten the waiting essary to ensure broad-based growth annual budget, leaving scarce domestic period for eligibility from six to three and future prosperity. resources for economic restructuring years. We extend the prospect of relief To address this problem the World or such vital human services as edu- to more countries. And we ensure that Bank and the IMF began a program in cation, clean water and sanitary living savings realized from the relief will be 1996 to reduce $27 billion in debt from conditions. In Tanzania, for example, used to enhance ongoing economic re- the most Heavily Indebted Poor Coun- debt payments would require nearly forms in addition to initiatives de- tries, known as the ‘‘HIPC Initiative.’’ four-fifths of the government’s budget. signed to alleviate poverty. This is a But the program created a number of In a country where one child in six dies sound and balanced approach to help stringent criteria and provided only before the age of five, little money re- these poor countries correct their un- partial relief, which meant that only a mains to finance public health pro- derlying economic problems and im- small number of countries actually grams. Among Sub-Saharan African prove the standard of living of their qualified for participation and the ones countries, one in five adults can’t read people. who did received only marginal bene- or write, and it is estimated that in Mr. President, this legislation is not fits after an extended period of time. several countries almost half the popu- a handout to the developing world. Following calls by non-government lation does not have access to safe Rather, it is an investment in these organizations, religious groups and drinking water. countries’ commitment to imple- member governments for faster and October 5, 1999 CONGRESSIONAL RECORD — SENATE S11955 more flexible relief, the G–7 Finance grams for predisaster mitigation, to disaster assistance in just five years. Ministers, meeting this past June in streamline the administration of dis- To finance these expenditures, we have Cologne, Germany, proposed alter- aster relief, to control the Federal been forced to find over $12 billion in native criteria that would make ex- costs of disaster assistance, and for rescissions. panded benefits available quicker and other purposes; to the Committee on The Bill I am introducing today will to more countries. Last week, at the Environment and Public Works. address this problem from two different annual World Bank-IMF meetings here DISASTER MITIGATION ACT OF 1999 directions. First, it authorizes a in Washington, President Clinton ∑ Mr. INHOFE. Mr. President, I rise Predisaster Hazard Mitigation Pro- pledged to cancel all $5.7 billion of debt today to introduce the Disaster Mitiga- gram, which assists people in preparing owed to the U.S. government by 36 of tion Act of 1999. As the chairman of the for disasters before they happen. Sec- the poorest countries, and he sent a Senate Subcommittee with jurisdiction ond, it provides a number of cost-sav- supplemental request for $1 billion over over FEMA, I have been working on ing measures to help control the costs 4 years to pay the U.S. portion of the this legislation for the last couple of of disaster assistance. multilateral initiative. Canceling the years. I am joined in the introduction In our bill, we are authorizing debt will not cost the full $5.7 billion today with my ranking member Sen- PROJECT IMPACT, FEMA’s natural because many of the loans would never ator BOB GRAHAM. I appreciate his disaster mitigation program. have been repaid and are no longer commitment to this legislation and I PROJECT IMPACT authorizes the use worth their full face-value. I commend look forward to working with him to of small grants to local communities to the President for exercising inter- shepherd this Bill through the process. give them funds and technical assist- national leadership on this important We have been witness to several ance to mitigate against disasters be- issue and for making it a foreign policy major natural disasters already this fore they occur. Too often, we think of priority. year. And, we have three more months disaster assistance only after a disaster The legislation we are offering today to go. We have seen devastating torna- has occurred. For the very first time, goes even further by requiring the does ravage Oklahoma City and Salt we are authorizing a program to think President to forgive at least 90 percent Lake City. We have also seen the de- about preventing disaster-related dam- of the U.S. non-concessional loans and struction brought on the East Coast by age prior to the disaster. We believe 100 percent of concessional loans to hurricanes Dennis and Floyd. Our that by spending these small amounts countries that meet the eligibility hearts go out to the victims of these in advance of a disaster, we will save guidelines. To qualify, the countries natural disasters. I was in Oklahoma the federal government money in the must have an annual per capita income City the morning of May 4, the day long-term. However, it is important to of less than $925, have public debts to- after the tornadoes moved through the note that we are not authorizing this taling at least 150 percent of average Oklahoma City metro area. I have program in perpetuity. The program, annual exports, and agree to use the never seen destruction like that any as drafted, is set to expire in 2003. If savings generated by debt relief to fa- place in the world. I was moved by the PROJECT IMPACT is successful, we cilitate the implementation of eco- stories I heard and saw as we traveled will have the appropriate opportunity nomic reforms in a way that is trans- through the remains of entire neigh- to review its work and make a deter- parent and participatory, to reduce the borhoods. mination on whether to continue pro- number of persons living in poverty, to Now a few months later, I see and gram. promote sustainable growth and to pre- hear stories of the destruction brought We are also proposing to allow states vent damage to the environment. by the flooding in North Carolina and I to keep a larger percentage of their Countries that have an excessive know the problems that lie ahead as federal disaster funds to be used on level of military expenditures, support they begin to recover. As the recovery state mitigation projects. In Okla- terrorism, fail to cooperate in inter- effort begin, our hearts and our prayers homa, the state is using its share of national narcotics control matters, or go out to the people of North Carolina. disaster funds to provide a tax rebate engage in a consistent pattern of gross The Federal government, through to the victims of the May 3 tornadoes violations of internationally recog- FEMA, has been there to help people who, when rebuilding their homes, nized human rights are not eligible for and their communities deal with the build a ‘‘safe room’’ into their home. debt relief under this legislation. aftermath of disasters for over a gen- Because of limited funding, this assist- In addition, the bill urges the Presi- eration. As chairman of the oversight ance is only available to those who dent to undertake diplomatic efforts in Subcommittee I want to ensure that were unfortunate enough to lose every- the Paris Club to reduce or cancel FEMA will continue to respond and thing they owned. We seek to give debts owed bilaterally to other coun- help people in need for generations to states more flexibility in determining tries, and to work with international come. Unfortunately, the costs of dis- their own mitigation priorities and giv- financial institutions to maximize the aster recovery have spiraled out of con- ing them the financial assistance to impact of the HIPC Initiative. The trol. For every major disaster Congress follow through with their plans. United States accounts for less than 5 is forced to appropriate additional While we are attempting to re-define percent of the total debt burden, so it funds through Supplemental Emer- the way in which we respond to natural is essential that relief is provided in a gency Spending Bills. This not only disasters, we must also look to curb coordinated and comprehensive fash- plays havoc with the budget and forces the rising cost of post-disaster related ion. us to spend funds which would have assistance. The intent of the original Mr. President, countries should not gone to other pressing needs, but sets Stafford Act was to provide federal as- be forced to make a tradeoff between up unrealistic expectations of what the sistance after States and local commu- servicing their debt and feeding their federal government can and should do nities had exhausted all their existing people. And once debt is relieved, we after a disaster. resources. As I said earlier, we have should ensure that the savings are For instance, following the Okla- lost sight of this intent. being used to reduce poverty and im- homa City tornadoes, there was an es- To meet our cost saving goal, we are prove living standards, so that the ben- timated $900 million in damage, with a making significant changes to FEMA’s efits are widely shared among the pop- large portion of that in federal disaster Public Assistance program. One of the ulation. This bill achieves both objec- assistance. Now, in the aftermath of most significant changes in the PA tives, and I look forward to working hurricane Floyd in North Carolina, es- program focuses on the use of insur- with my colleagues to ensure its timates of $1 billion or more in dam- ance. FEMA is currently developing an prompt consideration.∑ ages are being discussed. This problem insurance role to require States and is not just isolated to Oklahoma City local government to maintain private By Mr. INHOFE (for himself, Mr. or North Carolina. In the period be- or self-insurance in order to qualify for GRAHAM, and Mr. VOINOVICH): tween fiscal years 1994 and 1998, FEMA the PA program. We applaud their ef- S. 1691. A bill to amend the Robert T. disaster assistance and relief costs forts and are providing them with some Stafford Disaster Relief and Emer- grew from $8.7 billion to $19 billion. parameters we expect them to follow in gency Assistance Act to authorize pro- That marks a $10.3 billion increase in developing any insurance rule. S11956 CONGRESSIONAL RECORD — SENATE October 5, 1999 Second, we are providing FEMA with Cities, the American Red Cross, and handle triggered more than $500 mil- the ability to estimate the cost of re- numerous other groups to construct a lion in federal disaster assistance. pairing or rebuilding projects. Under comprehensive proposal that will make State and local officials concluded that current law, FEMA is required to stay mitigation—not response and recov- the direct solution to the problem of in the field and monitor the rebuilding ery—the primary focus of emergency repetitive flooding was to remove or of public structures. By requiring management. demolish the structures at risk. A FEMA to stay afield for years after the Our legislation amends the Robert T. Community Block Grant of $27.5 mil- disaster, we run up the administrative Stafford Disaster Relief and Emer- lion was used to assist local govern- cost of projects. Allowing them to esti- gency Assistance Act. It will: Author- ments in acquiring 388 extremely vul- mate the cost of repairs and close out ize programs for pre-disaster emer- nerable properties. the project will bring immediate as- gency preparedness; streamline the ad- The success of this effort was evident sistance to the State or local commu- ministration of disaster relief; restrain when the same area experienced flood- nity and save the Federal government the Federal costs of disaster assist- ing again in the spring of 1998. While money. ance; and provide incentives for the de- both floods were of comparable sever- We have spent months working close- velopment of community-sponsored ity, the damages from the second dis- ly with FEMA, the States, local com- mitigation projects. aster were significantly lower in the munities, and other stakeholders to Mr. President, history has dem- communities that acquired the flood produce a bill that gives FEMA the in- onstrated that no community in the prone properties. This mitigation creased ability to respond to disasters, United States is safe from disasters. project reduced their vulnerability. while assuring States and local com- From tropical weather along the At- We have an opportunity today to munities that the federal government lantic Coast to devastating floods in continue the working partnership be- will continue to meet its commit- the Upper Midwest to earthquakes in tween the federal government, the ments. the Pacific Rim, we have suffered as a states, local communities and the pri- In closing, I want to thank Senator result of Mother Nature’s fury. She vate sector. In mitigating the dev- GRAHAM for his help and the leadership will strike again. But we can avoid astating effects of natural disasters, it he has taken on this important issue. some of the excessive human and finan- is also imperative that we control the Without his help, input, and insight, cial costs of the past by applying what cost of disaster relief. Our legislation this legislation would be little more we have learned about preparedness will help in this effort. I encourage my than an idea. As we continue to move technology. colleagues to support this initiative.∑ this bill forward in the process, I look Florida has been a leader in incor- forward to continuing to work with porating the principles and practice of By Mr. GRAMS: hazard mitigation into the mainstream him to make this legislation a reality.∑ S. 1693. A bill to protect the Social ∑ Mr. GRAHAM. Mr. President, I rise of community preparedness. We have Security surplus by requiring a seques- to join my distinguished colleague developed and implemented mitigation ter to eliminate any deficit; to the from Oklahoma in introducing legisla- projects using funding from the Hazard Committee on the Budget, pursuant to tion that creates public and private in- Mitigation Grant Program, the Flood the order of August 4, 1977, with in- centives to reduce the cost of future Mitigation Assistance Program and structions that if one Committee re- disasters. other public-private partnerships. ports, the other Committee has thirty On June 1st, the start of the 1999 Hur- Everyone has a role in reducing the days to report or be discharged. risks associated with natural and tech- ricane Season, the National Weather SOCIAL SECURITY SURPLUS PROTECTION ACT OF nological related hazards. Engineers, Service predicted that the United 1999 hospital administrators, business lead- States would face three or four intense Mr. GRAMS. Mr. President, I ask ers, regional planners and emergency hurricanes during the next six months. unanimous consent that the text of the We did not have a long wait to expe- managers and volunteers are all sig- bill be printed in the RECORD. rience the accuracy of that forecast. nificant contributors to mitigation ef- There being no objection, the bill was From September 12–15, 1999, Hurricane forts. ordered to be printed in the RECORD, as An effective mitigation project may Floyd dragged 140 mph winds and eight follows: be as basic as the Miami Wind Shutter foot tidal surges along the eastern sea- S. 1693 program. The installation of shutters board. Floyd caused flooding, torna- Be it enacted by the Senate and House of Rep- is a cost-effective mitigation measure resentatives of the United States of America in does, and massive damage from Florida that has proven effective in protecting to New Jersey. Evacuations were con- Congress assembled, buildings from hurricane force winds, SECTION 1. SHORT TITLE. ducted as far north as Delaware. This and in the process minimizing direct disaster claimed the lives of 68 people. This Act may be cited as the ‘‘Social Secu- and indirect losses to vulnerable facili- rity Surplus Protection Act of 1999’’. Initial damage estimates suggest that ties. These shutters significantly in- SEC. 2. SEQUESTER TO PROTECT THE SOCIAL SE- Floyd could cost the federal govern- crease strength and provide increased CURITY SURPLUS. ment more than $6 billion. Just days protection of life and property. Section 251 of the Balanced Budget and later, Tropical Storm Harvey struck In 1992, Hurricane Andrew did $17 Emergency Deficit Control Act of 1985 (2 Florida’s west coast. We are still as- million worth of damage to Baptist, U.S.C. 901) is amended by adding at the end sessing the combine effects of these the following: Miami South, and Mercy Hospitals in ‘‘(d) SOCIAL SECURITY SURPLUS PROTECTION storms. Miami. As a result, these hospitals Coming just seven years after Hurri- SEQUESTER.— were later retrofitted with wind shut- ‘‘(1) IN GENERAL.—Within 15 calendar days cane Andrew damaged 128,000 homes, ters through the Hazard Mitigation after Congress adjourns to end a session and left approximately 160,000 people home- Grant Program. on the same day as a sequestration (if any) less, and caused nearly $30 billion in Six years after Hurricane Andrew, under subsection (a), section 252, and section damage, this year’s developments re- Hurricane Georges brushed against 253, there shall be a sequestration to elimi- mind us of the inevitability and de- South Florida. The shutter project paid nate any on-budget deficit (excluding any structive power of Mother Nature. We dividends. Georges’ track motivated surplus in the Social Security Trust Funds). ‘‘(2) ELIMINATING DEFICIT.—The sequester must prepare for natural disasters if we evacuees to leave more vulnerable are going to minimize their dev- required by this subsection shall be applied areas of South Florida to seek shelter. in accordance with the procedures set forth astating effects. The protective shutters allowed these in subsection (a). The on-budget deficit shall It is impossible to stop violent three Miami hospitals to serve as a safe not be subject to adjustment for any pur- weather. But Congress can reduce the haven for 200 pregnant mothers, pre- pose.’’. losses from severe weather by legis- vented the need to evacuate critical f lating a comprehensive, nationwide patients, and helped the staff’s families ADDITIONAL COSPONSORS mitigation strategy. Senator INHOFE to secure shelter during the response and I have worked closely with FEMA, effort. S. 37 the National Emergency Management In July of 1994, Tropical Storm At the request of Mr. GRASSLEY, the Association, the National League of Alberto’s landfall in the Florida Pan- name of the Senator from Wyoming October 5, 1999 CONGRESSIONAL RECORD — SENATE S11957

(Mr. THOMAS) was added as a cosponsor S. 1020, a bill to amend chapter 1 of care and adoption services for Indian of S. 37, a bill to amend title XVIII of title 9, United States Code, to provide children in tribal areas. the Social Security Act to repeal the for greater fairness in the arbitration S. 1488 restriction on payment for certain hos- process relating to motor vehicle fran- At the request of Mr. GORTON, the pital discharges to post-acute care im- chise contracts. names of the Senator from Ohio (Mr. posed by section 4407 of the Balanced S. 1091 DEWINE), the Senator from New Mexico Budget Act of 1997. At the request of Mr. DEWINE, the (Mr. BINGAMAN), and the Senator from S. 391 name of the Senator from Wyoming Delaware (Mr. BIDEN) were added as co- At the request of Mr. KERREY, the (Mr. ENZI) was added as a cosponsor of sponsors of S. 1488, a bill to amend the name of the Senator from Maryland S. 1091, a bill to amend the Public Public Health Service Act to provide (Ms. MIKULSKI) was added as a cospon- Health Service Act to provide for the for recommendations of the Secretary sor of S. 391, a bill to provide for pay- establishment of a pediatric research of Health and Human Services regard- ments to children’s hospitals that oper- initiative. ing the placement of automatic exter- ate graduate medical education pro- S. 1144 nal defibrillators in Federal buildings grams. At the request of Mr. VOINOVICH, the in order to improve survival rates of S. 414 name of the Senator from New York individuals who experience cardiac ar- At the request of Mr. GRASSLEY, the (Mr. SCHUMER) was added as a cospon- rest in such buildings, and to establish name of the Senator from Montana sor of S. 1144, a bill to provide in- protections from civil liability arising (Mr. BAUCUS) was added as a cosponsor creased flexibility in use of highway from the emergency use of the devices. of S. 414, a bill to amend the Internal funding, and for other purposes. S. 1500 Revenue Code of 1986 to provide a 5- S. 1187 At the request of Mr. HATCH, the year extension of the credit for pro- At the request of Mr. DORGAN, the names of the Senator from North Caro- ducing electricity from wind, and for name of the Senator from Illinois (Mr. lina (Mr. HELMS), the Senator from other purposes. DURBIN) was added as a cosponsor of S. Wyoming (Mr. THOMAS), the Senator S. 472 1187, a bill to require the Secretary of from Connecticut (Mr. LIEBERMAN), and At the request of Mr. GRASSLEY, the the Treasury to mint coins in com- the Senator from Minnesota (Mr. name of the Senator from Wyoming memoration of the bicentennial of the GRAMS) were added as cosponsors of S. (Mr. THOMAS) was added as a cosponsor Lewis and Clark Expedition, and for 1500, a bill to amend title XVIII of the of S. 472, a bill to amend title XVIII of other purposes. Social Security Act to provide for an the Social Security Act to provide cer- S. 1227 additional payment for services pro- tain medicare beneficiaries with an ex- At the request of Mr. CHAFEE, the vided to certain high-cost individuals emption to the financial limitations name of the Senator from Connecticut under the prospective payment system imposed on physical, speech-language (Mr. LIEBERMAN) was added as a co- for skilled nursing facility services, pathology, and occupational therapy sponsor of S. 1227, a bill to amend title and for other purposes. services under part B of the medicare IV of the Personal Responsibility and S. 1547 program, and for other purposes. Work Opportunity Reconciliation Act At the request of Mr. BURNS, the S. 661 of 1996 to provide States with the op- name of the Senator from Maine (Ms. At the request of Mr. ABRAHAM, the tion to allow legal immigrant pregnant SNOWE) was added as a cosponsor of S. name of the Senator from Illinois (Mr. women and children to be eligible for 1547, a bill to amend the Communica- FITZGERALD) was added as a cosponsor medical assistance under the medical tions Act of 1934 to require the Federal of S. 661, a bill to amend title 18, program, and for other purposes. Communications Commission to pre- United States Code, to prohibit taking S. 1277 serve low-power television stations minors across State lines in cir- At the request of Mr. GRASSLEY, the that provide community broadcasting, cumvention of laws requiring the in- names of the Senator from North Caro- and for other purposes. volvement of parents in abortion deci- lina (Mr. HELMS), the Senator from S. 1580 sions. Connecticut (Mr. LIEBERMAN), and the At the request of Mr. ROBERTS, the S. 774 Senator from Arkansas (Mr. HUTCH- name of the Senator from Georgia (Mr. At the request of Mr. BREAUX, the INSON) were added as cosponsors of S. CLELAND) was added as a cosponsor of name of the Senator from California 1277, a bill to amend title XIX of the S. 1580, a bill to amend the Federal (Mrs. FEINSTEIN) was added as a co- Social Security Act to establish a new Crop Insurance Act to assist agricul- sponsor of S. 774, a bill to amend the prospective payment system for Feder- tural producers in managing risk, and Internal Revenue Code of 1986 to in- ally-qualified health centers and rural for other purposes. crease the deduction for meal and en- health clinics. S. 1623 tertainment expenses of small busi- S. 1384 nesses. At the request of Mr. ABRAHAM, the At the request of Mr. SPECTER, the S. 874 name of the Senator from Oregon (Mr. names of the Senator from Tennessee At the request of Mr. INOUYE, the SMITH) was added as a cosponsor of S. (Mr. FRIST) and the Senator from Or- name of the Senator from California 1384, a bill to amend the Public Health egon (Mr. SMITH) were added as cospon- (Mrs. FEINSTEIN) was added as a co- Service Act to provide for a national sors of S. 1623, a bill to select a Na- sponsor of S. 874, a bill to repeal the re- folic acid education program to pre- tional Health Museum site. duction in the deductible portion of ex- vent birth defects, and for other pur- S. 1653 penses for business meals and enter- poses. At the request of Mr. CHAFEE, the tainment. S. 1453 name of the Senator from Maine (Ms. S. 1003 At the request of Mr. FRIST, the SNOWE) was added as a cosponsor of S. At the request of Mr. ROCKEFELLER, name of the Senator from Georgia (Mr. 1653, a bill to reauthorize and amend the name of the Senator from Colorado CLELAND) was added as a cosponsor of the National Fish and Wildlife founda- (Mr. ALLARD) was added as a cosponsor S. 1453, a bill to facilitate relief efforts tion Establishment Act. of S. 1003, a bill to amend the Internal and a comprehensive solution to the SENATE RESOLUTION 92 Revenue Code of 1986 to provide in- war in Sudan. At the request of Mrs. BOXER, the creased tax incentives for the purchase S. 1478 name of the Senator from Connecticut of alternative fuel and electric vehicle, At the request of Mr. DASCHLE, the (Mr. LIEBERMAN) was added as a co- and for other purposes. name of the Senator from Massachu- sponsor of Senate Resolution 92, a reso- S. 1020 setts (Mr. KERRY) was added as a co- lution expressing the sense of the Sen- At the request of Mr. GRASSLEY, the sponsor of S. 1478, a bill to amend part ate that funding for prostate cancer re- name of the Senator from Rhode Island E of title IV of the Social Security Act search should be increased substan- (Mr. REED) was added as a cosponsor of to provide equitable access for foster tially. S11958 CONGRESSIONAL RECORD — SENATE October 5, 1999 SENATE RESOLUTION 118 Resolved, This force provided invaluable support At the request of Mr. REID, the (a) That the Senate— to our national security and strategic names of the Senator from North Caro- (1) commends the past and present per- nuclear deterrence. The end of the cold sonnel of the submarine force of the United lina (Mr. EDWARDS), the Senator from States Navy for their technical excellence, war has been credited in part to the de- Virginia (Mr. WARNER), the Senator accomplishments, professionalism, and sac- terrent role that the strategic ballistic from New Jersey (Mr. LAUTENBERG), rifices; and submarine played in our nuclear triad. and the Senator from Montana (Mr. (B) congratulates those personnel for the Through the 1980’s and 1990’s the sub- BAUCUS) were added as cosponsors of 100 years of exemplary service that they marine force has continued to con- Senate Resolution 118, a resolution des- have provided the United States. tribute to all aspects of our country’s ignating December 12, 1999, as ‘‘Na- (b) It is the sense of the Senate that, in the national security strategy from Desert tional Children’s Memorial Day.’’ next millennium, the submarine force of the Storm to Yugoslavia. The sailors who SENATE RESOLUTION 179 United States Navy should continue to com- prise an integral part of the Navy, and to have taken our submarines to sea over At the request of Mr. BIDEN, the carry out missions that are key to maintain- the years should be commended for name of the Senator from Delaware ing our great Nation’s freedom and security their outstanding service and perform- (Mr. ROTH) was added as a cosponsor of as the most superior submarine force in the ance. Always on the cutting edge, the Senate Resolution 179, a resolution des- world. submarine force will help the Navy sus- ignating October 15, 1999, as ‘‘National ∑ Mr. WARNER. Mr. President, my col- tain the adaptability necessary to Mammography Day.’’ league from the great state of Con- maintain our national security in and f necticut Senator DODD and I rise today around the oceans of our world. SENATE RESOLUTION 196—COM- to pay tribute to the Naval Submarine Mr. WARNER. Mr. President, Sen- MENDING THE SUBMARINE Force and to submit a resolution to ator DODD and I would like to con- FORCE OF THE UNITED STATES commemorate the 100th anniversary of gratulate the Naval Submarine Force NAVY ON THE 100TH ANNIVER- this outstanding institution. on its 100th anniversary and on all the SARY OF THE FORCE In the year 2000 the United States accomplishments it has achieved dur- Navy Submarine Force celebrates its By Mr. WARNER (for himself and Mr. ing that time. one hundredth anniversary. On a personal note, I wish to ac- DODD) submitted the following resolu- The Submarine Force began with the tion; which was considered and agreed knowledge the contributions of the purchase of U.S.S. Holland on April 11, Submarine Force Senior Leadership to: 1900. The past 100 years have witnessed S. RES. 196 since its inception, many of whom I am the evolution of a force that mastered proud to have known and worked close- Whereas the submarine force of the United submersible warfare, introduced nu- ly with over the years. And for the next States was founded with the purchase of the clear propulsion to create the true sub- U.S.S. HOLLAND on April 11, 1900; 100 years, may our Submarine Force Whereas in overcoming destruction result- marine, and for decades patrolled the run silent, run deep. deep ocean front line: the hottest part ing from the attack of United States forces f at Pearl Harbor, Hawaii, on December 7, 1941, of an otherwise cold war. and difficulties with defective torpedoes, the Beginning in World War I the Sub- AMENDMENTS SUBMITTED ON submarine force destroyed 1,314 enemy ships marine Force began to support na- OCTOBER 4, 1999 in World War II (weighing a cumulative tional interests through offensive and 5,300,000 tons), which accounts for 55 percent defensive operations in the Atlantic. of all enemy ships lost in World War II; Using lessons learned from German U- AIR TRANSPORTATION Whereas 16,000 United States submariners boat design, the US Submarine Force served with courage during World War II, IMPROVEMENT ACT and 7 United States submariners were award- developed advanced diesel submarine ed Congressional Medals of Honor for their designs during the inter-war years. In distinguished gallantry in combat above and spite of a hesitant beginning due to MCCAIN (AND OTHERS) beyond the call of duty; Pearl Harbor and difficulties with de- AMENDMENT NO. 1891 Whereas in achieving an impressive World fective torpedoes, the World War II Mr. GORTON (for Mr. MCCAIN (for War II record, the submarine force suffered submarine force destroyed 1,314 enemy the highest casualty rate of any combatant himself, Mr. GORTON, and Mr. ROCKE- ships (5.3 million tons), which trans- FELLER)) proposed an amendment to submarine service of the warring alliances, lated into 55 percent of all enemy ships losing 375 officers and 3,131 enlisted men in 52 the bill (S. 82) to authorize appropria- submarines; lost. Out of 16,000 submariners, the tions for the Federal Aviation Admin- Whereas from 1948 to 1955, the submarine force lost 375 officers and 3,131 enlisted istration, and for other purposes; as force, with leadership provided by Admiral men in fifty-two submarines, the high- follows: Hyman Rickover and others, developed an est casualty rate of any combatant Strike out all after the enacting clause and industrial base in a new technology, pio- submarine service on any side in the insert the following: neered new materials, designed and built a conflict. Seven Congressional Medals of prototype reactor, established a training SECTION 1. SHORT TITLE; TABLE OF SECTIONS. Honor were awarded to submariners (a) SHORT TITLE.—This Act may be cited as program, and took to sea the world’s first during World War II for distinguished nuclear-powered submarine, the U.S.S. NAU- the ‘‘Air Transportation Improvement Act’’. TILUS, thus providing America undersea su- gallantry in combat. (b) TABLE OF SECTIONS.—The table of sec- periority; Mr. DODD. After World War II the tions for this Act is as follows: Whereas subsequent to the design of the Submarine Force began experimenting Sec. 1. Short title; table of sections. U.S.S. NAUTILUS, the submarine force con- with high speed, sophisticated silenc- Sec. 2. Amendments to title 49, United tinued to develop and put to sea the world’s ing techniques, sensitive sonic detec- States Code. most advanced and capable submarines, tion, and deeper diving designs. Admi- TITLE I—AUTHORIZATIONS which were vital to maintaining our national ral Hyman G. Rickover lead the effort Sec. 101. Federal Aviation Administration security during the Cold War; which resulted in the world’s first nu- operations. Whereas the United States Navy, with Sec. 102. Air navigation facilities and equip- leadership provided by Admiral Red Raborn, clear powered submarine, USS Nautilus, ment. developed the world’s first operational bal- commissioned in 1955. The advent of Sec. 103. Airport planning and development listic missile submarine, which provided an nuclear propulsion resulted in the first and noise compatibility plan- invaluable asset to our Nation’s strategic true submarine, a vessel that was truly ning and programs. nuclear deterrent capability, and contrib- free to operate unrestricted below the Sec. 104. Reprogramming notification re- uted directly to the eventual conclusion of surface of the ocean. quirement. the Cold War; and Continued development of advanced Sec. 105. Airport security program. Whereas in 1999, the submarine force pro- submarine designs lead to the most ca- Sec. 106. Automated surface observation sys- vides the United States Navy with the abil- pable submarine fleet in the world. The tem stations. ity to operate around the world, independent of outside support, from the open ocean to United States Navy, led by Admiral TITLE II—AIRPORT IMPROVEMENT the littorals, carrying out multimission Red Raborn, also fielded the world’s PROGRAM AMENDMENTS taskings on tactical, operational, and stra- first operational submarine launched Sec. 201. Removal of the cap on discre- tegic levels: Now, therefore, be it ballistic missile platform in the world. tionary fund. October 5, 1999 CONGRESSIONAL RECORD — SENATE S11959 Sec. 202. Innovative use of airport grant Sec. 425. Authority to sell aircraft and air- TITLE VII—TITLE 49 TECHNICAL funds. craft parts for use in responding CORRECTIONS Sec. 203. Matching share. to oil spills. Sec. 701. Restatement of 49 U.S.C. 106(g). Sec. 204. Increase in apportionment for noise Sec. 426. Aircraft and aviation component Sec. 702. Restatement of 49 U.S.C. 44909. compatibility planning and pro- repair and maintenance advi- TITLE VIII—TRANSFER OF grams. sory panel. AERONAUTICAL CHARTING ACTIVITY Sec. 205. Technical amendments. Sec. 427. Aircraft situational display data. Sec. 801. Transfer of functions, powers, and Sec. 206. Report on efforts to implement ca- Sec. 428. Allocation of Trust Fund funding. duties. pacity enhancements. Sec. 429. Taos Pueblo and Blue Lakes Wil- Sec. 802. Transfer of office, personnel, and Sec. 207. Prioritization of discretionary derness Area demonstration funds. projects. project. Sec. 803. Amendment of title 49, United Sec. 208. Public notice before grant assur- Sec. 430. Airline marketing disclosure. Sec. 431. Compensation under the Death on States Code. ance requirement waived. Sec. 804. Savings provision. the High Seas Act. Sec. 209. Definition of public aircraft. Sec. 805. National ocean survey. Sec. 432. FAA study of breathing hoods. Sec. 210. Terminal development costs. Sec. 806. Sale and distribution of nautical Sec. 433. FAA study of alternative power Sec. 211. Airfield pavement conditions. and aeronautical products by sources for flight data recorders Sec. 212. Discretionary grants. NOAA. Sec. 213. Contract tower cost-sharing. and cockpit voice recorders. Sec. 434. Passenger facility fee letters of in- SEC. 2. AMENDMENTS TO TITLE 49, UNITED TITLE III—AMENDMENTS TO AVIATION STATES CODE. tent. LAW Except as otherwise expressly provided, Sec. 435. Elimination of HAZMAT enforce- whenever in this Act an amendment or re- Sec. 301. Severable services contracts for pe- ment backlog. riods crossing fiscal years. Sec. 436. FAA evaluation of long-term cap- peal is expressed in terms of an amendment Sec. 302. Stage 3 noise level compliance for ital leasing. to, or a repeal of, a section or other provi- certain aircraft. Sec. 437. Discriminatory practices by com- sion, the reference shall be considered to be Sec. 303. Government and industry con- puter reservations system out- made to a section or other provision of title sortia. side the United States. 49, United States Code. Sec. 304. Implementation of Article 83 Bis of Sec. 438. Prohibitions against smoking on TITLE I—AUTHORIZATIONS the Chicago Convention. scheduled flights. SEC. 101. FEDERAL AVIATION ADMINISTRATION Sec. 305. Foreign aviation services author- Sec. 439. Designating current and former OPERATIONS. ity. military airports. (a) IN GENERAL.—Section 106(k) is amended Sec. 306. Flexibility to perform criminal his- Sec. 440. Rolling stock equipment. to read as follows: tory record checks; technical Sec. 441. Monroe Regional Airport land con- ‘‘(k) AUTHORIZATION OF APPROPRIATIONS amendments to Pilot Records veyance. FOR OPERATIONS.— Improvement Act. Sec. 442. Cinncinati-Municipal Blue Ash Air- ‘‘(1) IN GENERAL.—There are authorized to Sec. 307. Extension of Aviation Insurance port. be appropriated to the Secretary of Trans- Program. Sec. 443. Report on Specialty Metals Consor- portation for operations of the Administra- Sec. 308. Technical corrections to civil pen- tium. tion $5,632,000,000 for fiscal year 1999, alty provisions. Sec. 444. Pavement condition. $5,784,000,000 for fiscal year 2000, $6,073,000,000 Sec. 309. Criminal penalty for pilots oper- Sec. 445. Inherently low-emission airport ve- for fiscal year 2001, and $6,377,000,000 for fis- ating in air transportation hicle pilot program. cal year 2002. Of the amounts authorized to without an airman’s certificate. Sec. 446. Conveyance of airport property to be appropriated for fiscal year 2000, not more Sec. 310. Nondiscriminatory interline inter- an institution of higher edu- than $9,100,000 shall be used to support air connection requirements. cation in Oklahoma. safety efforts through payment of United Sec. 311. Review process for emergency or- Sec. 447. Automated Surface Observation States membership obligations, to be paid as ders under section 44709. System/Automated Weather soon as practicable. TITLE IV—MISCELLANEOUS Observing System Upgrade. ‘‘(2) AUTHORIZED EXPENDITURES.—Of the Sec. 448. Terminal Automated Radar Dis- Sec. 401. Oversight of FAA response to year amounts appropriated under paragraph (1) play and Information System. 2000 problem. $450,000 may be used for wildlife hazard miti- Sec. 449. Cost/benefit analysis for retrofit of Sec. 402. Cargo collision avoidance systems gation measures and management of the 16G seats. deadline. wildlife strike database of the Federal Avia- Sec. 450. Raleigh County, West Virginia, Me- Sec. 403. Runway safety areas; precision ap- tion Administration. morial Airport. proach path indicators. ‘‘(3) UNIVERSITY CONSORTIUM.—There are Sec. 451. Airport safety needs. authorized to be appropriated not more than Sec. 404. Airplane emergency locators. Sec. 452. Flight training of international Sec. 405. Counterfeit aircraft parts. $9,100,000 for the 3 fiscal year period begin- students. ning with fiscal year 2000 to support a uni- Sec. 406. FAA may fine unruly passengers. Sec. 453. Grant Parish, Louisiana. Sec. 407. Higher standards for handicapped versity consortium established to provide an access. TITLE V—AVIATION COMPETITION air safety and security management certifi- Sec. 408. Conveyances of United States Gov- PROMOTION cate program, working cooperatively with ernment land. Sec. 501. Purpose. the Federal Aviation Administration and Sec. 409. Flight operations quality assurance Sec. 502. Establishment of small community United States air carriers. Funds authorized rules. aviation development program. under this paragraph— Sec. 410. Wide area augmentation system. Sec. 503. Community-carrier air service pro- ‘‘(A) may not be used for the construction Sec. 411. Regulation of Alaska guide pilots. gram. of a building or other facility; and Sec. 412. Alaska rural aviation improve- Sec. 504. Authorization of appropriations. ‘‘(B) shall be awarded on the basis of open ment. Sec. 505. Marketing practices. competition.’’. Sec. 413. Human factors program. Sec. 506. Slot exemptions for nonstop re- (b) COORDINATION.—The authority granted Sec. 414. Independent validation of FAA gional jet service. the Secretary under section 41720 of title 49, costs and allocations. Sec. 507. Exemptions to perimeter rule at United States Code, does not affect the Sec- Sec. 415. Application of Federal Procure- Ronald Reagan Washington Na- retary’s authority under any other provision ment Policy Act. tional Airport. of law. Sec. 416. Report on modernization of oceanic Sec. 508. Additional slot exemptions at Chi- SEC. 102. AIR NAVIGATION FACILITIES AND ATC system. cago O’Hare International Air- EQUIPMENT. Sec. 417. Report on air transportation over- port. (a) IN GENERAL.—Section 48101(a) is amend- sight system. Sec. 509. Consumer notification of e-ticket ed by striking paragraphs (1) and (2) and in- Sec. 418. Recycling of EIS. expiration dates. serting the following: Sec. 419. Protection of employees providing Sec. 510. Regional air service incentive op- ‘‘(1) $2,131,000,000 for fiscal year 1999. air safety information. tions. ‘‘(2) $2,689,000,000 for fiscal year 2000. Sec. 420. Improvements to air navigation fa- TITLE VI—NATIONAL PARKS ‘‘(3) $2,799,000,000 for fiscal year 2001. cilities. OVERFLIGHTS ‘‘(4) $2,914,000,000 for fiscal year 2002.’’. Sec. 421. Denial of airport access to certain Sec. 601. Findings. (b) CONTINUATION OF ILS INVENTORY PRO- air carriers. Sec. 602. Air tour management plans for na- GRAM.—Section 44502(a)(4)(B) is amended— Sec. 422. Tourism. tional parks. (1) by striking ‘‘fiscal years 1995 and 1996’’ Sec. 423. Sense of the Senate on property Sec. 603. Advisory group. and inserting ‘‘fiscal years 1999 through taxes on public-use airports. Sec. 604. Overflight fee report. 2002’’; and Sec. 424. Federal Aviation Administration Sec. 605. Prohibition of commercial air (2) by striking ‘‘acquisition,’’ and inserting Personnel Management Sys- tours over the Rocky Mountain ‘‘acquisition under new or existing con- tem. National Park. tracts,’’. S11960 CONGRESSIONAL RECORD — SENATE October 5, 1999

(c) LIFE-CYCLE COST ESTIMATES.—The Ad- than $5,000,000 for the purpose of carrying available by the Secretary for any public air- ministrator of the Federal Aviation Admin- out this section.’’. port in those respective jurisdictions.’’. istration shall establish life-cycle cost esti- (b) CONFORMING AMENDMENT.—The chapter (b) SUPPLEMENTAL APPORTIONMENT FOR mates for any air traffic control moderniza- analysis for such chapter (as amended by ALASKA.—Section 47114(e) is amended— tion project the total life-cycle costs of section 202(b) of this Act) is amended by in- (1) by striking ‘‘ALTERNATIVE’’ in the sub- which equal or exceed $50,000,000. serting after the item relating to section section caption and inserting ‘‘SUPPLE- SEC. 103. AIRPORT PLANNING AND DEVELOP- 47135 the following: MENTAL’’; MENT AND NOISE COMPATIBILITY ‘‘47136. Airport security program.’’. (2) in paragraph (1) by— PLANNING AND PROGRAMS. (A) striking ‘‘Instead of apportioning SEC. 106. AUTOMATED SURFACE OBSERVATION XTENSION AND UTHORIZATION (a) E A .—Sec- SYSTEM STATIONS. amounts for airports in Alaska under’’ and tion 48103 is amended by striking inserting ‘‘Notwithstanding’’; and The Administrator of the Federal Aviation ‘‘$2,050,000,000 for the period beginning Octo- (B) striking ‘‘those airports’’ and inserting Administration shall not terminate human ber 1, 1998, and ending August 6, 1999.’’ and ‘‘airports in Alaska’’; and weather observers for Automated Surface inserting ‘‘$2,410,000,000 for fiscal years end- (3) striking paragraph (3) and inserting the Observation System stations until— ing before October 1, 1999, $4,885,000,000 for following: (1) the Secretary of Transportation deter- fiscal years ending before October 1, 2000, ‘‘(3) An amount apportioned under this mines that the System provides consistent $7,295,000,000 for fiscal years ending before subsection may be used for any public air- reporting of changing meteorological condi- October 1, 2001, and $9,705,000,000 for fiscal port in Alaska.’’. tions and notifies the Congress in writing of years ending before October 1, 2002.’’. (c) REPEAL OF APPORTIONMENT LIMITATION that determination; and (b) PROJECT GRANT AUTHORITY.—Section ON COMMERCIAL SERVICE AIRPORTS IN ALAS- (2) 60 days have passed since the report was 47104(c) is amended by striking ‘‘August 6, KA.—Section 47117 is amended by striking submitted to the Congress. 1999,’’ and inserting ‘‘September 30, 2002,’’. subsection (f) and redesignating subsections SEC. 104. REPROGRAMMING NOTIFICATION RE- TITLE II—AIRPORT IMPROVEMENT (g) and (h) as subsections (f) and (g), respec- QUIREMENT. PROGRAM AMENDMENTS tively. Before reprogramming any amounts appro- SEC. 201. REMOVAL OF THE CAP ON DISCRE- (d) CONTINUATION OF PROJECT FUNDING.— priated under section 106(k), 48101(a), or 48103 TIONARY FUND. Section 47108 is amended by adding at the of title 49, United States Code, for which no- Section 47115(g) is amended by striking end thereof the following: tification of the Committees on Appropria- paragraph (4). ‘‘(e) CHANGE IN AIRPORT STATUS.—If the status of a primary airport changes to a non- tions of the Senate and the House of Rep- SEC. 202. INNOVATIVE USE OF AIRPORT GRANT resentatives is required, the Secretary of FUNDS. primary airport at a time when a develop- ment project under a multiyear agreement Transportation shall submit a written expla- (a) CODIFICATION AND IMPROVEMENT OF 1996 under subsection (a) is not yet completed, nation of the proposed reprogramming to the PROGRAM.—Subchapter I of chapter 471 is Committee on Commerce, Science, and amended by adding at the end thereof the the project shall remain eligible for funding Transportation of the Senate and the Com- following: from discretionary funds under section 47115 of this title at the funding level and under mittee on Transportation and Infrastructure ‘‘§ 47135. Innovative financing techniques of the House of Representatives. the terms provided by the agreement, sub- ‘‘(a) IN GENERAL.—The Secretary of Trans- SEC. 105. AIRPORT SECURITY PROGRAM. ject to the availability of funds.’’. portation is authorized to carry out a dem- (e) GRANT ELIGIBILITY FOR PRIVATE RE- (a) IN GENERAL.—Chapter 471 (as amended onstration program under which the Sec- LIEVER AIRPORTS.—Section 47102(17)(B) is by section 202(a) of this Act) is amended by retary may approve applications under this amended— adding at the end thereof the following new subchapter for not more than 20 projects for (1) by striking ‘‘or’’ at the end of clause (i) section: which grants received under the subchapter and redesignating clause (ii) as clause (iii); ‘‘§ 47136. Airport security program may be used to implement innovative financ- and ‘‘(a) GENERAL AUTHORITY.—To improve se- ing techniques. (2) by inserting after clause (i) the fol- curity at public airports in the United ‘‘(b) PURPOSE.—The purpose of the dem- lowing: States, the Secretary of Transportation shall onstration program shall be to provide infor- ‘‘(ii) a privately-owned airport that, as a carry out not less than 1 project to test and mation on the use of innovative financing reliever airport, received Federal aid for air- evaluate innovative aviation security sys- techniques for airport development projects. port development prior to October 9, 1996, tems and related technology. ‘‘(c) LIMITATION.—In no case shall the im- but only if the Administrator issues revised ‘‘(b) PRIORITY.—In carrying out this sec- plementation of an innovative financing administrative guidance after July 1, 1998, tion, the Secretary shall give the highest technique under this section be used in a for the designation of reliever airports; or’’. priority to a request from an eligible sponsor manner giving rise to a direct or indirect (f) RELIEVER AIRPORTS NOT ELIGIBLE FOR for a grant to undertake a project that— guarantee of any airport debt instrument by LETTERS OF INTENT.—Section 47110(e)(1) is ‘‘(1) evaluates and tests the benefits of in- the United States Government. amended by striking ‘‘or reliever’’. novative aviation security systems or re- ‘‘(d) INNOVATIVE FINANCING TECHNIQUE DE- (g) PASSENGER FACILITY FEE WAIVER FOR lated technology, including explosives detec- FINED.—In this section, the term ‘innovative CERTAIN CLASS OF CARRIERS.—Section tion systems, for the purpose of improving financing technique’ includes methods of fi- 40117(e)(2) is amended— aviation and aircraft physical security, ac- nancing projects that the Secretary deter- (1) by striking ‘‘and’’ after the semicolon cess control, and passenger and baggage mines may be beneficial to airport develop- in subparagraph (B); screening; and ment, including— (2) by striking ‘‘payment.’’ in subpara- ‘‘(2) provides testing and evaluation of air- ‘‘(1) payment of interest; graph (C) and inserting ‘‘payment;’’ and port security systems and technology in an ‘‘(2) commercial bond insurance and other (3) by adding at the end thereof the fol- operational, testbed environment. credit enhancement associated with airport lowing: ‘‘(c) MATCHING SHARE.—Notwithstanding bonds for eligible airport development; and ‘‘(D) on flights, including flight segments, section 47109, the United States Govern- ‘‘(3) flexible non-Federal matching require- between 2 or more points in Hawaii.’’. ment’s share of allowable project costs for a ments.’’. (h) PASSENGER FACILITY FEE WAIVER FOR project under this section is 100 percent. (b) CONFORMING AMENDMENT.—The chapter CERTAIN CLASS OF CARRIERS OR FOR SERVICE ‘‘(d) TERMS AND CONDITIONS.—The Sec- analysis for chapter 471 is amended by in- TO AIRPORTS IN ISOLATED COMMUNITIES.—Sec- retary may establish such terms and condi- serting after the item relating to section tion 40117(i) is amended— tions as the Secretary determines appro- 47134 the following: (1) by striking ‘‘and’’ at the end of para- graph (1); priate for carrying out a project under this ‘‘47135. Innovative financing techniques.’’. section, including terms and conditions re- (2) by striking ‘‘transportation.’’ in para- lating to the form and content of a proposal SEC. 203. MATCHING SHARE. graph (2)(D) and inserting ‘‘transportation; for a project, project assurances, and sched- Section 47109(a)(2) is amended by inserting and’’; and ule of payments. ‘‘not more than’’ before ‘‘90 percent’’. (3) by adding at the end thereof the fol- ‘‘(e) ELIGIBLE SPONSOR DEFINED.—In this SEC. 204. INCREASE IN APPORTIONMENT FOR lowing: section, the term ‘eligible sponsor’ means a NOISE COMPATIBILITY PLANNING ‘‘(3) may permit a public agency to request nonprofit corporation composed of a consor- AND PROGRAMS. that collection of a passenger facility fee be tium of public and private persons, including Section 47117(e)(1)(A) is amended by strik- waived for— a sponsor of a primary airport, with the nec- ing ‘‘31’’ each time it appears and inserting ‘‘(A) passengers enplaned by any class of essary engineering and technical expertise to ‘‘35’’. air carrier or foreign air carrier if the num- successfully conduct the testing and evalua- SEC. 205. TECHNICAL AMENDMENTS. ber of passengers enplaned by the carriers in tion of airport and aircraft related security (a) USE OF APPORTIONMENTS FOR ALASKA, the class constitutes not more than one per- systems. PUERTO RICO, AND HAWAII.—Section cent of the total number of passengers en- ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— 47114(d)(3) is amended to read as follows: planed annually at the airport at which the Of the amounts made available to the Sec- ‘‘(3) An amount apportioned under para- fee is imposed; or retary under section 47115 in a fiscal year, graph (2) of this subsection for airports in ‘‘(B) passengers enplaned on a flight to an the Secretary shall make available not less Alaska, Hawaii, or Puerto Rico may be made airport— October 5, 1999 CONGRESSIONAL RECORD — SENATE S11961 ‘‘(i) that has fewer than 2,500 passenger ‘‘(4) The Secretary may permit the use of ministrator of the Federal Aviation Admin- boardings each year and receives scheduled State highway specifications for airfield istration shall discourage airport sponsors passenger service; or pavement construction using funds made and airports from using entitlement funds ‘‘(ii) in a community which has a popu- available under this subsection at nonpri- for lower priority projects by giving lower lation of less than 10,000 and is not connected mary airports with runways of 5,000 feet or priority to discretionary projects submitted by a land highway or vehicular way to the shorter serving aircraft that do not exceed by airport sponsors and airports that have land-connected National Highway System 60,000 pounds gross weight, if the Secretary used entitlement funds for projects that have within a State.’’. determines that— a lower priority than the projects for which (i) USE OF THE WORD ‘‘GIFT’’ AND PRIORITY ‘‘(A) safety will not be negatively affected; discretionary funds are being requested.’’. FOR AIRPORTS IN SURPLUS PROPERTY DIS- and SEC. 208. PUBLIC NOTICE BEFORE GRANT ASSUR- POSAL.— ‘‘(B) the life of the pavement will not be ANCE REQUIREMENT WAIVED. (1) Section 47151 is amended— shorter than it would be if constructed using (a) IN GENERAL.—Notwithstanding any (A) by striking ‘‘give’’ in subsection (a) and Administration standards. other provision of law to the contrary, the inserting ‘‘convey to’’; An airport may not seek funds under this Secretary of Transportation may not waive (B) by striking ‘‘gift’’ in subsection (a)(2) subchapter for runway rehabilitation or re- any assurance required under section 47107 of and inserting ‘‘conveyance’’; construction of any such airfield pavement title 49, United States Code, that requires (C) by striking ‘‘giving’’ in subsection (b) constructed using State highway specifica- property to be used for aeronautical purposes and inserting ‘‘conveying’’; tions for a period of 10 years after construc- unless the Secretary provides notice to the (D) by striking ‘‘gift’’ in subsection (b) and tion is completed.’’. public not less than 30 days before issuing inserting ‘‘conveyance’’; and (n) ELIGIBILITY OF RUNWAY INCURSION PRE- any such waiver. Nothing in this section (E) by adding at the end thereof the fol- VENTION DEVICES.— shall be construed to authorize the Secretary lowing: (1) POLICY.—Section 47101(a)(11) is amended to issue a waiver of any assurance required ‘‘(d) PRIORITY FOR PUBLIC AIRPORTS.—Ex- by inserting ‘‘(including integrated in-pave- under that section. cept for requests from another Federal agen- ment lighting systems for runways and (b) EFFECTIVE DATE.—This section applies cy, a department, agency, or instrumentality taxiways and other runway and taxiway in- to any request filed on or after the date of of the Executive Branch of the United States cursion prevention devices)’’ after ‘‘activi- enactment of this Act. Government shall give priority to a request ties’’. SEC. 209. DEFINITION OF PUBLIC AIRCRAFT. by a public agency (as defined in section (2) MAXIMUM USE OF SAFETY FACILITIES.— Section 40102(a)(37)(B)(ii) is amended— 47102 of this title) for surplus property de- Section 47101(f) is amended— (1) by striking ‘‘or’’ at the end of subclause scribed in subsection (a) of this section for (A) by striking ‘‘and’’ at the end of para- (I); use at a public airport.’’. graph (9); and (2) by striking the ‘‘States.’’ in subclause (2) Section 47152 is amended— (B) by striking ‘‘area.’’ in paragraph (10) (II) and inserting ‘‘States; or’’; and (A) by striking ‘‘gifts’’ in the section cap- and inserting ‘‘area; and’’; and (3) by adding at the end thereof the fol- tion and inserting ‘‘conveyances’’; and (C) by adding at the end the following: lowing: (B) by striking ‘‘gift’’ in the first sentence ‘‘(11) runway and taxiway incursion pre- ‘‘(III) transporting persons aboard the air- and inserting ‘‘conveyance’’. vention devices, including integrated in- craft if the aircraft is operated for the pur- (3) The chapter analysis for chapter 471 is pavement lighting systems for runways and pose of prisoner transport.’’. amended by striking the item relating to taxiways.’’. section 47152 and inserting the following: SEC. 210. TERMINAL DEVELOPMENT COSTS. (3) AIRPORT DEVELOPMENT DEFINED.—Sec- Section 40117 is amended by adding at the ‘‘47152. Terms of conveyances.’’. tion 47102(3)(B)(ii) is amended by inserting end thereof the following: (4) Section 47153(a) is amended— ‘‘and including integrated in-pavement light- ‘‘(j) SHELL OF TERMINAL BUILDING.—In (A) by striking ‘‘gift’’ in paragraph (1) and ing systems for runways and taxiways and order to enable additional air service by an inserting ‘‘conveyance’’; other runway and taxiway incursion preven- air carrier with less than 50 percent of the (B) by striking ‘‘given’’ in paragraph (1)(A) tion devices’’ before the semicolon at the scheduled passenger traffic at an airport, the and inserting ‘‘conveyed’’; and end. Secretary may consider the shell of a ter- (C) by striking ‘‘gift’’ in paragraph (1)(B) (o) TECHNICAL AMENDMENTS.—Section minal building (including heating, ventila- and inserting ‘‘conveyance’’. 47116(d) is amended— tion, and air conditioning) and aircraft fuel- (j) MINIMUM APPORTIONMENT.—Section (1) by striking ‘‘In making’’ and inserting ing facilities adjacent to an airport terminal 47114(c)(1)(B) is amended by adding at the the following: building to be an eligible airport-related end thereof the following: ‘‘For fiscal years ‘‘(1) CONSTRUCTION OF NEW RUNWAYS.—In project under subsection (a)(3)(E).’’. beginning after fiscal year 1999, the pre- making’’; SEC. 211. AIRFIELD PAVEMENT CONDITIONS. ceding sentence shall be applied by sub- (2) by adding at the end the following: (a) EVALUATION OF OPTIONS.—The Adminis- stituting ‘$650,000’ for ‘$500,000’.’’. ‘‘(2) AIRPORT DEVELOPMENT FOR TURBINE trator of the Federal Aviation Administra- (k) APPORTIONMENT FOR CARGO ONLY AIR- POWERED AIRCRAFT.—In making grants to PORTS.— tion shall evaluate options for improving the sponsors described in subsection (b)(1), the quality of information available to the Ad- (1) Section 47114(c)(2)(A) is amended by Secretary shall give priority consideration striking ‘‘2.5 percent’’ and inserting ‘‘3 per- ministration on airfield pavement conditions to airport development projects to support for airports that are part of the national air cent’’. operations by turbine powered aircraft, if the (2) Section 47114(c)(2) is further amended transportation system, including— non-Federal share of the project is at least 40 (1) improving the existing runway condi- by striking subparagraph (C) and redesig- percent.’’; and nating subparagraph (D) as subparagraph (C). tion information contained in the Airport (3) by aligning the remainder of paragraph Safety Data Program by reviewing and revis- (l) TEMPORARY AIR SERVICE INTERRUP- (1) (as designated by subparagraph (A) of this TIONS.—Section 47114(c)(1) is amended by ing rating criteria and providing increased paragraph) with paragraph (2) (as added by training for inspectors; adding at the end thereof the following: subparagraph (B) of this paragraph). ‘‘(C) The Secretary may, notwithstanding (2) requiring such airports to submit pave- SEC. 206. REPORT ON EFFORTS TO IMPLEMENT subparagraph (A), apportion to an airport ment condition index information as part of CAPACITY ENHANCEMENTS. their airport master plan or as support in ap- sponsor in a fiscal year an amount equal to Within 9 months after the date of enact- plications for airport improvement grants; the amount apportioned to that sponsor in ment of this Act, the Secretary of Transpor- and the previous fiscal year if the Secretary finds tation shall report to the Committee on (3) requiring all such airports to submit that— Commerce, Science, and Transportation of pavement condition index information on a ‘‘(i) passenger boardings at the airport fell the Senate and the Committee on Transpor- below 10,000 in the calendar year used to cal- tation and Infrastructure of the House of regular basis and using this information to culate the apportionment; Representatives on efforts by the Federal create a pavement condition database that ‘‘(ii) the airport had at least 10,000 pas- Aviation Administration to implement ca- could be used in evaluating the cost-effec- senger boardings in the calendar year prior pacity enhancements and improvements, tiveness of project applications and fore- to the calendar year used to calculate appor- both technical and procedural, such as preci- casting anticipated pavement needs. tionments to airport sponsors in a fiscal sion runway monitoring systems, and the (b) REPORT TO CONGRESS.—The Adminis- year; and time frame for implementation of such en- trator shall transmit a report, containing an ‘‘(iii) the cause of the shortfall in pas- hancements and improvements. evaluation of such options, to the Senate senger boardings was a temporary but sig- SEC. 207. PRIORITIZATION OF DISCRETIONARY Committee on Commerce, Science, and nificant interruption in service by an air car- PROJECTS. Transportation and the House of Representa- rier to that airport due to an employment Section 47120 is amended— tives Committee on Transportation and In- action, natural disaster, or other event unre- (1) by inserting ‘‘(a) IN GENERAL.—’’ before frastructure not later than 12 months after lated to the demand for air transportation at ‘‘In’’; and the date of enactment of this Act. the affected airport.’’. (2) by adding at the end thereof the fol- SEC. 212. DISCRETIONARY GRANTS. (m) FLEXIBILITY IN PAVEMENT DESIGN lowing: Notwithstanding any limitation on the STANDARDS.—Section 47114(d) is amended by ‘‘(b) DISCRETIONARY FUNDING TO BE USED amount of funds that may be expended for adding at the end thereof the following: FOR HIGHER PRIORITY PROJECTS.—The Ad- grants for noise abatement, if any funds S11962 CONGRESSIONAL RECORD — SENATE October 5, 1999

made available under section 48103 of title 49, TITLE III—AMENDMENTS TO AVIATION (b) NOISE STANDARDS FOR EXPERIMENTAL United States Code, remain available at the LAW AIRCRAFT.— end of the fiscal year for which those funds SEC. 301. SEVERABLE SERVICES CONTRACTS FOR (1) IN GENERAL.—Section 47528(a) is amend- were made available, and are not allocated PERIODS CROSSING FISCAL YEARS. ed by inserting ‘‘(for which an airworthiness under section 47115 of that title, or under any (a) Chapter 401 is amended by adding at the certificate other than an experimental cer- tificate has been issued by the Adminis- other provision relating to the awarding of end thereof the following: trator)’’ after ‘‘civil subsonic turbojet’’. discretionary grants from unobligated funds ‘‘§ 40125. Severable services contracts for pe- riods crossing fiscal years (2) FAR MODIFIED.—The Federal Aviation made available under section 48103 of that Regulations, contained in Part 14 of the Code title, the Secretary of Transportation may ‘‘(a) IN GENERAL.—The Administrator of the Federal Aviation Administration may of Federal Regulations, that implement sec- use those funds to make discretionary grants enter into a contract for procurement of sev- tion 47528 and related provisions shall be for noise abatement activities. erable services for a period that begins in deemed to incorporate this change on the ef- fective date of this Act. SEC. 213. CONTRACT TOWER COST-SHARING. one fiscal year and ends in the next fiscal year if (without regard to any option to ex- SEC. 303. GOVERNMENT AND INDUSTRY CON- Section 47124(b) is amended by adding at tend the period of the contract) the contract SORTIA. the end the following: period does not exceed one year. Section 44903 is amended by adding at the ‘‘(3) CONTRACT AIR TRAFFIC CONTROL TOWER ‘‘(b) OBLIGATION OF FUNDS.—Funds made end thereof the following: PILOT PROGRAM.— available for a fiscal year may be obligated ‘‘(A) IN GENERAL.—The Secretary shall es- for the total amount of a contract entered ‘‘(f) GOVERNMENT AND INDUSTRY CON- tablish a pilot program to contract for air into under the authority of subsection (a) of SORTIA.—The Administrator may establish at traffic control services at Level I air traffic this section.’’. airports such consortia of government and control towers, as defined by the Adminis- (b) CONFORMING AMENDMENT.—The chapter aviation industry representatives as the Ad- trator of the Federal Aviation Administra- analysis for chapter 401 is amended by add- ministrator may designate to provide advice tion, that do not qualify for the Contract ing at the end thereof the following: on matters related to aviation security and Tower Program established under subsection ‘‘40125. Severable services contracts for peri- safety. Such consortia shall not be consid- (a) and continued under paragraph (1) (here- ods crossing fiscal years.’’. ered federal advisory committees for pur- after in this paragraph referred to as the SEC. 302. STAGE 3 NOISE LEVEL COMPLIANCE poses of the Federal Advisory Committee ‘Contract Tower Program’). FOR CERTAIN AIRCRAFT. Act (5 U.S.C. App.).’’. ‘‘(B) PROGRAM COMPONENTS.—In carrying (a) EXEMPTION FOR AIRCRAFT MODIFICATION SEC. 304. IMPLEMENTATION OF ARTICLE 83 BIS out the pilot program established under sub- OR DISPOSAL, SCHEDULED HEAVY MAINTE- OF THE CHICAGO CONVENTION. NANCE, OR LEASING-RELATED FLIGHTS.—Sec- paragraph (A), the Administrator shall— Section 44701 is amended— ‘‘(i) utilize for purposes of cost-benefit tion 47528 is amended— (1) by striking ‘‘subsection (b)’’ in sub- (1) by redesignating subsection (e) as sub- analyses, current, actual, site-specific data, section (f); and forecast estimates, or airport master plan section (a) and inserting ‘‘subsection (b) or (f)’’; (2) by inserting after subsection (d) the fol- data provided by a facility owner or operator lowing: and verified by the Administrator; (2) by adding at the end of subsection (e) ‘‘(ii) approve for participation only facili- the following: ‘‘(e) BILATERAL EXCHANGES OF SAFETY ties willing to fund a pro rata share of the ‘‘(4) An air carrier operating Stage 2 air- OVERSIGHT RESPONSIBILITIES.— operating costs of the air traffic control craft under this subsection may transport ‘‘(1) Notwithstanding the provisions of this tower to achieve a one-to-one benefit-to-cost Stage 2 aircraft to or from the 48 contiguous chapter, and pursuant to Article 83 Bis of the ratio, as required for eligibility under the States on a non-revenue basis in order— Convention on International Civil Aviation, the Administrator may, by a bilateral agree- Contract Tower Program; and ‘‘(A) to perform maintenance (including ment with the aeronautical authorities of ‘‘(iii) approve for participation no more major alterations) or preventative mainte- another country, exchange with that country than 2 facilities willing to fund up to 50 per- nance on aircraft operated, or to be operated, all or part of their respective functions and cent, but not less than 25 percent, of con- within the limitations of paragraph (2)(B); or duties with respect to aircraft described in struction costs for an air traffic control ‘‘(B) conduct operations within the limita- subparagraphs (A) and (B), under the fol- tower built by the airport operator and for tions of paragraph (2)(B).’’; and lowing articles of the Convention: each of such facilities the Federal share of (3) adding at the end thereof the following: ‘‘(f) AIRCRAFT MODIFICATION, DISPOSAL, ‘‘(A) Article 12 (Rules of the Air). construction cost does not exceed $1,100,000. SCHEDULED HEAVY MAINTENANCE, OR LEAS- ‘‘(B) Article 31 (Certificates of Airworthi- ‘‘(C) PRIORITY.—In selecting facilities to ING.— ness). participate in the program under this para- ‘‘(1) IN GENERAL.—The Secretary shall per- ‘‘(C) Article 32a (Licenses of Personnel). graph, the Administrator shall give priority mit a person to operate after December 31, ‘‘(2) The agreement under paragraph (1) to the following: 1999, a Stage 2 aircraft in nonrevenue service may apply to— ‘‘(i) Air traffic control towers that are par- through the airspace of the United States or ‘‘(A) aircraft registered in the United ticipating in the Contract Tower Program to or from an airport in the contiguous 48 States operated pursuant to an agreement but have been notified that they will be ter- States in order to— for the lease, charter, or interchange of the minated from such program because the Ad- ‘‘(A) sell, lease, or use the aircraft outside aircraft or any similar arrangement by an ministrator has determined that the benefit- the contiguous 48 States; operator that has its principal place of busi- to-cost ratio for their continuation in such ‘‘(B) scrap the aircraft; ness, or, if it has no such place of business, program is less than 1.0. ‘‘(C) obtain modifications to the aircraft to its permanent residence, in another country; ‘‘(ii) Air traffic control towers that the Ad- meet Stage 3 noise levels; or ministrator determines have a benefit-to- ‘‘(D) perform scheduled heavy maintenance ‘‘(B) aircraft registered in a foreign coun- cost ratio of at least .50. or significant modifications on the aircraft try operated under an agreement for the ‘‘(iii) Air traffic control towers of the Fed- at a maintenance facility located in the con- lease, charter, or interchange of the aircraft eral Aviation Administration that are closed tiguous 48 States; or any similar arrangement by an operator as a result of the air traffic controllers ‘‘(E) deliver the aircraft to an operator that has its principal place of business, or, if strike in 1981. leasing the aircraft from the owner or return it has no such place of business, its perma- ‘‘(iv) Air traffic control towers located at the aircraft to the lessor; nent residence, in the United States. airports that are prepared to assume partial ‘‘(F) prepare or park or store the aircraft ‘‘(3) The Administrator relinquishes re- responsibility for maintenance costs. in anticipation of any of the activities de- sponsibility with respect to the functions ‘‘(v) Air traffic control towers that are lo- scribed in subparagraphs (A) through (E); or and duties transferred by the Administrator cated at airports with safety or operational ‘‘(G) divert the aircraft to an alternative as specified in the bilateral agreement, problems related to topography, weather, airport in the contiguous 48 States on ac- under the Articles listed in paragraph (1) of runway configuration, or mix of aircraft. count of weather, mechanical, fuel, air traf- this subsection for United States-registered ‘‘(D) COSTS EXCEEDING BENEFITS.—If the fic control, or other safety reasons while aircraft transferred abroad as described in costs of operating an air traffic control conducting a flight in order to perform any subparagraph (A) of that paragraph, and ac- tower under the pilot program established of the activities described in subparagraphs cepts responsibility with respect to the func- under this paragraph exceed the benefits, the (A) through (F). tions and duties under those Articles for air- airport sponsor or State or local government ‘‘(2) PROCEDURE TO BE PUBLISHED.—The craft registered abroad that are transferred having jurisdiction over the airport shall pay Secretary shall establish and publish, not to the United States as described in subpara- the portion of the costs that exceed such later than 30 days after the date of enact- graph (B) of that paragraph. benefits. ment of the Air Transportation Improve- ‘‘(4) The Administrator may, in the agree- ‘‘(E) AUTHORIZATION OF APPROPRIATIONS.— ment Act a procedure to implement para- ment under paragraph (1), predicate the There are authorized to be appropriation graph (1) of this subsection through the use transfer of these functions and duties on any $6,000,000 per fiscal year to carry out this of categorical waivers, ferry permits, or conditions the Administrator deems nec- paragraph.’’. other means.’’. essary and prudent.’’. October 5, 1999 CONGRESSIONAL RECORD — SENATE S11963 SEC. 305. FOREIGN AVIATION SERVICES AUTHOR- ‘‘(B) is related to an act punishable by after the order becomes effective. If the Ad- ITY. death or imprisonment for more than 1 year ministrator is unable to demonstrate to the Section 45301(a)(2) is amended to read as under a Federal or State law related to a Board that an emergency exists that re- follows: controlled substance (except a law related to quires the immediate application of the ‘‘(2) Services provided to a foreign govern- simple possession (as that term is used in order in the interest of safety in air com- ment or to any entity obtaining services out- section 46306(c)) of a controlled substance). merce and air transportation, the order side the United States other than— ‘‘(3) A term of imprisonment imposed shall, notwithstanding paragraph (2), be ‘‘(A) air traffic control services; and under paragraph (2) shall be served in addi- stayed. The Board shall dispose of a review ‘‘(B) fees for production-certification-re- tion to, and not concurrently with, any other request under this paragraph within 5 days lated service pertaining to aeronautical term of imprisonment imposed on the indi- after it is filed. products manufactured outside the United vidual subject to the imprisonment.’’. ‘‘(4) FINAL DISPOSITION.—The Board shall States.’’. (b) CLERICAL AMENDMENT.—The chapter make a final disposition of an appeal under SEC. 306. FLEXIBILITY TO PERFORM CRIMINAL analysis for chapter 463 is amended by add- subsection (d) within 60 days after the appeal HISTORY RECORD CHECKS; TECH- ing at the end thereof the following: is filed.’’. NICAL AMENDMENTS TO PILOT ‘‘46317. Criminal penalty for pilots operating TITLE IV—MISCELLANEOUS RECORDS IMPROVEMENT ACT. in air transportation without SEC. 401. OVERSIGHT OF FAA RESPONSE TO YEAR Section 44936 is amended— an airman’s certificate.’’. (1) by striking ‘‘subparagraph (C))’’ in sub- 2000 PROBLEM. SEC. 310. NONDISCRIMINATORY INTERLINE The Administrator of the Federal Aviation section (a)(1)(B) and inserting ‘‘subparagraph INTERCONNECTION REQUIRE- (C), or in the case of passenger, baggage, or Administration shall report to the Senate MENTS. Committee on Commerce, Science, and property screening at airports, the Adminis- (a) IN GENERAL.—Subchapter I of chapter trator decides it is necessary to ensure air Transportation and the House Committee on 417 is amended by adding at the end thereof Transportation and Infrastructure every 3 transportation security)’’; the following: (2) by striking ‘‘individual’’ in subsection months through December 31, 2000, in oral or ‘‘§ 41717. Interline agreements for domestic (f)(1)(B)(ii) and inserting ‘‘individual’s per- written form, on electronic data processing transportation formance as a pilot’’; and problems associated with the year 2000 with- (3) by inserting ‘‘or from a foreign govern- ‘‘(a) NONDISCRIMINATORY REQUIREMENTS.— in the Administration. ment or entity that employed the indi- If a major air carrier that provides air serv- SEC. 402. CARGO COLLISION AVOIDANCE SYS- vidual,’’ in subsection (f)(14)(B) after ‘‘ex- ice to an essential airport facility has any TEMS DEADLINE. ists,’’. agreement involving ticketing, baggage and (a) IN GENERAL.—The Administrator of the ground handling, and terminal and gate ac- Federal Aviation Administration shall re- SEC. 307. EXTENSION OF AVIATION INSURANCE cess with another carrier, it shall provide quire by regulation that, not later than De- PROGRAM. the same services to any requesting air car- cember 31, 2002, collision avoidance equip- Section 44310 is amended by striking ‘‘Au- rier that offers service to a community se- ment be installed on each cargo airplane gust 6, 1999.’’ and inserting ‘‘December 31, lected for participation in the program under with a maximum certificated takeoff weight 2003.’’. section 41743 under similar terms and condi- in excess of 15,000 kilograms. SEC. 308. TECHNICAL CORRECTIONS TO CIVIL tions and on a nondiscriminatory basis with- (b) EXTENSION.—The Administrator may PENALTY PROVISIONS. in 30 days after receiving the request, as long extend the deadline imposed by subsection Section 46301 is amended— as the requesting air carrier meets such safe- (a) for not more than 2 years if the Adminis- (1) by striking ‘‘46302, 46303, or’’ in sub- ty, service, financial, and maintenance re- trator finds that the extension is needed to section (a)(1)(A); quirements, if any, as the Secretary may by promote— (2) by striking ‘‘an individual’’ the first regulation establish consistent with public (1) a safe and orderly transition to the op- time it appears in subsection (d)(7)(A) and convenience and necessity. The Secretary eration of a fleet of cargo aircraft equipped inserting ‘‘a person’’; and must review any proposed agreement to de- with collision avoidance equipment; or (3) by inserting ‘‘or the Administrator’’ in termine if the requesting carrier meets oper- (2) other safety or public interest objec- subsection (g) after ‘‘Secretary’’. ational requirements consistent with the tives. SEC. 309. CRIMINAL PENALTY FOR PILOTS OPER- rules, procedures, and policies of the major (c) COLLISION AVOIDANCE EQUIPMENT.—For ATING IN AIR TRANSPORTATION carrier. This agreement may be terminated purposes of this section, the term ‘‘collision WITHOUT AN AIRMAN’S CERTIFI- avoidance equipment’’ means TCAS II equip- CATE. by either party in the event of failure to meet the standards and conditions outlined ment (as defined by the Administrator), or (a) IN GENERAL.—Chapter 463 is amended in the agreement. any other similar system approved by the by adding at the end the following: ‘‘(b) DEFINITIONS.—In this section the term Administrator for collision avoidance pur- ‘‘§ 46317. Criminal penalty for pilots oper- ‘essential airport facility’ means a large hub poses. ating in air transportation without an air- airport (as defined in section 41731(a)(3)) in SEC. 403. RUNWAY SAFETY AREAS; PRECISION AP- man’s certificate the contiguous 48 States in which one carrier PROACH PATH INDICATORS. ‘‘(a) APPLICATION.—This section applies has more than 50 percent of such airport’s Within 6 months after the date of enact- only to aircraft used to provide air transpor- total annual enplanements.’’. ment of this Act, the Administrator of the tation. (b) CLERICAL AMENDMENT.—The chapter Federal Aviation Administration shall so- ‘‘(b) GENERAL CRIMINAL PENALTY.—An indi- analysis for subchapter I of chapter 417 is licit comments on the need for— vidual shall be fined under title 18, impris- amended by adding at the end thereof the (1) the improvement of runway safety oned for not more than 3 years, or both, if following: areas; and that individual— ‘‘41717. Interline agreements for domestic (2) the installation of precision approach ‘‘(1) knowingly and willfully serves or at- transportation.’’. path indicators. tempts to serve in any capacity as an airman SEC. 311. REVIEW PROCESS FOR EMERGENCY OR- SEC. 404. AIRPLANE EMERGENCY LOCATORS. without an airman’s certificate authorizing DERS UNDER SECTION 44709. (a) REQUIREMENT.—Section 44712(b) is the individual to serve in that capacity; or Section 44709(e) is amended to read as fol- amended to read as follows: ‘‘(2) knowingly and willfully employs for lows: ‘‘(b) NONAPPLICATION.—Subsection (a) does service or uses in any capacity as an airman ‘‘(e) EFFECTIVENESS OF ORDERS PENDING not apply to aircraft when used in— an individual who does not have an airman’s APPEAL.— ‘‘(1) scheduled flights by scheduled air car- certificate authorizing the individual to ‘‘(1) IN GENERAL.—When a person files an riers holding certificates issued by the Sec- serve in that capacity. appeal with the Board under subsection (d) of retary of Transportation under subpart II of ‘‘(c) CONTROLLED SUBSTANCE CRIMINAL PEN- this section, the order of the Administrator this part; ALTY.— is stayed. ‘‘(2) training operations conducted entirely ‘‘(1) In this subsection, the term ‘con- ‘‘(2) EXCEPTION.—Notwithstanding para- within a 50-mile radius of the airport from trolled substance’ has the same meaning graph (1), the order of the Administrator is which the training operations begin; given that term in section 102 of the Com- effective immediately if the Administrator ‘‘(3) flight operations related to the design prehensive Drug Abuse Prevention and Con- advises the Board that an emergency exists and testing, manufacture, preparation, and trol Act of 1970 (21 U.S.C. 802). and safety in air commerce or air transpor- delivery of aircraft; ‘‘(2) An individual violating subsection (b) tation requires the order to be effective im- ‘‘(4) showing compliance with regulations, shall be fined under title 18, imprisoned for mediately. exhibition, or air racing; or not more than 5 years, or both, if the viola- ‘‘(3) REVIEW OF EMERGENCY ORDER.—A per- ‘‘(5) the aerial application of a substance tion is related to transporting a controlled son affected by the immediate effectiveness for an agricultural purpose.’’. substance by aircraft or aiding or facili- of the Administrator’s order under para- (b) COMPLIANCE.—Section 44712 is amended tating a controlled substance violation and graph (2) may request a review by the Board, by redesignating subsection (c) as subsection that transporting, aiding, or facilitating— under procedures promulgated by the Board, (d), and by inserting after subsection (b) the ‘‘(A) is punishable by death or imprison- on the issues of the appeal that are related following: ment of more than 1 year under a Federal or to the existence of an emergency. Any such ‘‘(c) COMPLIANCE.—An aircraft is deemed to State law; or review shall be requested within 48 hours meet the requirement of subsection (a) if it S11964 CONGRESSIONAL RECORD — SENATE October 5, 1999 is equipped with an emergency locator trans- ‘‘(A) the former holder otherwise satisfies ‘‘46318. Interference with cabin or flight mitter that transmits on the 121.5/243 mega- the requirements of this chapter for the cer- crew.’’. hertz frequency or the 406 megahertz fre- tificate; SEC. 407. HIGHER STANDARDS FOR HANDI- quency, or with other equipment approved ‘‘(B) the former holder, or individual, is ac- CAPPED ACCESS. by the Secretary for meeting the require- quitted of all charges related to the violation (a) ESTABLISHMENT OF HIGHER INTER- ment of subsection (a).’’. on which the revocation was based; or NATIONAL STANDARDS.—The Secretary of (c) EFFECTIVE DATE; REGULATIONS.— ‘‘(C) the conviction of the former holder, or Transportation shall work with appropriate (1) REGULATIONS.—The Secretary of Trans- individual, of the violation on which the rev- international organizations and the aviation portation shall promulgate regulations ocation was based is reversed. authorities of other nations to bring about under section 44712(b) of title 49, United ‘‘(f) WAIVER.—The Administrator may their establishment of higher standards for States Code, as amended by this section not waive revocation of a certificate under sub- accommodating handicapped passengers in later than January 1, 2002. section (b) of this section if— air transportation, particularly with respect (2) EFFECTIVE DATE.—The amendments ‘‘(1) a law enforcement official of the to foreign air carriers that code-share with made by this section shall take effect on United States Government, or of a State domestic air carriers. (b) INVESTIGATION OF ALL COMPLAINTS RE- January 1, 2002. (with respect to violations of State law), re- quests a waiver; and QUIRED.—Section 41705 is amended— SEC. 405. COUNTERFEIT AIRCRAFT PARTS. ‘‘(2) the waiver will facilitate law enforce- (1) by inserting ‘‘(a) IN GENERAL.—’’ before (a) DENIAL; REVOCATION; AMENDMENT OF ment efforts. ‘‘In providing’’; CERTIFICATE.— ‘‘(g) AMENDMENT OF CERTIFICATE.—If the (2) by striking ‘‘carrier’’ and inserting (1) IN GENERAL.—Chapter 447 is amended by holder of a certificate issued under this chap- ‘‘carrier, including any foreign air carrier adding at the end thereof the following: ter is other than an individual and the Ad- doing business in the United States,’’; and ‘‘§ 44725. Denial and revocation of certificate ministrator finds that— (3) by adding at the end thereof the fol- for counterfeit parts violations ‘‘(1) an individual who had a controlling or lowing: ownership interest in the holder committed ‘‘(b) EACH ACT CONSTITUTES SEPARATE OF- ‘‘(a) DENIAL OF CERTIFICATE.— a violation of a law for the violation of FENSE.—Each separate act of discrimination ‘‘(1) IN GENERAL.—Except as provided in which a certificate may be revoked under prohibited by subsection (a) constitutes a paragraph (2) of this subsection and sub- this section, or knowingly carried out or fa- separate violation of that subsection. section (e)(2) of this section, the Adminis- cilitated an activity punishable under such a ‘‘(c) INVESTIGATION OF COMPLAINTS.— trator may not issue a certificate under this law; and ‘‘(1) IN GENERAL.—The Secretary or a per- chapter to any person— ‘‘(2) the holder satisfies the requirements son designated by the Secretary shall inves- ‘‘(A) convicted of a violation of a law of the for the certificate without regard to that in- tigate each complaint of a violation of sub- United States or of a State relating to the dividual, section (a). installation, production, repair, or sale of a then the Administrator may amend the cer- ‘‘(2) PUBLICATION OF DATA.—The Secretary counterfeit or falsely-represented aviation or a person designated by the Secretary shall part or material; or tificate to impose a limitation that the cer- tificate will not be valid if that individual publish disability-related complaint data in ‘‘(B) subject to a controlling or ownership a manner comparable to other consumer interest of an individual convicted of such a has a controlling or ownership interest in the holder. A decision by the Administrator complaint data. violation. under this subsection is not reviewable by ‘‘(3) EMPLOYMENT.—The Secretary is au- ‘‘(2) EXCEPTION.—Notwithstanding para- the Board.’’. thorized to employ personnel necessary to graph (1), the Administrator may issue a cer- (2) CONFORMING AMENDMENT.—The chapter enforce this section. tificate under this chapter to a person de- analysis for chapter 447 is amended by add- ‘‘(4) REVIEW AND REPORT.—The Secretary or scribed in paragraph (1) if issuance of the ing at the end thereof the following: a person designated by the Secretary shall certificate will facilitate law enforcement ef- regularly review all complaints received by forts. ‘‘44725. Denial and revocation of certificate for counterfeit parts viola- air carriers alleging discrimination on the ‘‘(b) REVOCATION OF CERTIFICATE.— tions’’. basis of disability, and report annually to ‘‘(1) IN GENERAL.—Except as provided in Congress on the results of such review. (b) PROHIBITION ON EMPLOYMENT.—Section subsections (f) and (g) of this section, the Ad- ‘‘(5) TECHNICAL ASSISTANCE.—Not later 44711 is amended by adding at the end thereof ministrator shall issue an order revoking a than 180 days after enactment of the Air certificate issued under this chapter if the the following: ‘‘(c) PROHIBITION ON EMPLOYMENT OF CON- Transportation and Improvement Act, the Administrator finds that the holder of the Secretary shall— certificate, or an individual who has a con- VICTED COUNTERFEIT PART DEALERS.—No per- son subject to this chapter may employ any- ‘‘(A) implement a plan, in consultation trolling or ownership interest in the holder— one to perform a function related to the pro- with the Department of Justice, United ‘‘(A) was convicted of a violation of a law curement, sale, production, or repair of a States Architectural and Transportation of the United States or of a State relating to part or material, or the installation of a part Barriers Compliance Board, and the National the installation, production, repair, or sale into a civil aircraft, who has been convicted Council on Disability, to provide technical of a counterfeit or falsely-represented avia- of a violation of any Federal or State law re- assistance to air carriers and individuals tion part or material; or lating to the installation, production, repair, with disabilities in understanding the rights ‘‘(B) knowingly carried out or facilitated or sale of a counterfeit or falsely-represented and responsibilities of this section; and an activity punishable under such a law. aviation part or material.’’. ‘‘(B) ensure the availability and provision ‘‘(2) NO AUTHORITY TO REVIEW VIOLATION.— SEC. 406. FAA MAY FINE UNRULY PASSENGERS. of appropriate technical assistance manuals In carrying out paragraph (1) of this sub- (a) IN GENERAL.—Chapter 463 (as amended to individuals and entities with rights or du- section, the Administrator may not review by section 309) is amended by adding at the ties under this section.’’. whether a person violated such a law. end thereof the following: (c) INCREASED CIVIL PENALTIES.—Section ‘‘(c) NOTICE REQUIREMENT.—Before the Ad- ‘‘§ 46318. Interference with cabin or flight 46301(a) is amended— ministrator revokes a certificate under sub- crew (1) by inserting ‘‘41705,’’ after ‘‘41704,’’ in section (b), the Administrator shall— paragraph (1)(A); and ‘‘(a) IN GENERAL.—An individual who inter- ‘‘(1) advise the holder of the certificate of (2) by adding at the end thereof the fol- feres with the duties or responsibilities of the reason for the revocation; and lowing: the flight crew or cabin crew of a civil air- ‘‘(2) provide the holder of the certificate an craft, or who poses an imminent threat to ‘‘(7) VIOLATION OF SECTION 41705.— opportunity to be heard on why the certifi- the safety of the aircraft or other individuals ‘‘(A) CREDIT; VOUCHER; CIVIL PENALTY.— cate should not be revoked. on the aircraft, is liable to the United States Unless an individual accepts a credit or ‘‘(d) APPEAL.—The provisions of section Government for a civil penalty of not more voucher for the purchase of a ticket on an 44710(d) apply to the appeal of a revocation than $10,000, which shall be paid to the Fed- air carrier or any affiliated air carrier for a order under subsection (b). For the purpose eral Aviation Administration and deposited violation of subsection (a) in an amount (de- of applying that section to such an appeal, in the account established by section termined by the Secretary) of— ‘person’ shall be substituted for ‘individual’ 45303(c). ‘‘(i) not less than $500 and not more than each place it appears. ‘‘(b) COMPROMISE AND SETOFF.— $2,500 for the first violation; or ‘‘(e) AQUITTAL OR REVERSAL.— ‘‘(1) The Secretary of Transportation or ‘‘(ii) not less than $2,500 and not more than ‘‘(1) IN GENERAL.—The Administrator may the Administrator may compromise the $5,000 for any subsequent violation, not revoke, and the Board may not affirm a amount of a civil penalty imposed under sub- then that air carrier is liable to the United revocation of, a certificate under subsection section (a). States Government for a civil penalty, deter- (b)(1)(B) of this section if the holder of the ‘‘(2) The Government may deduct the mined by the Secretary, of not more than 100 certificate, or the individual, is acquitted of amount of a civil penalty imposed or com- percent of the amount of the credit or vouch- all charges related to the violation. promised under this section from amounts it er so determined. ‘‘(2) REISSUANCE.—The Administrator may owes the individual liable for the penalty.’’. ‘‘(B) REMEDY NOT EXCLUSIVE.—Nothing in reissue a certificate revoked under sub- (b) CONFORMING CHANGE.—The chapter subparagraph (A) precludes or affects the section (b) of this section to the former hold- analysis for chapter 463 is amended by add- right of persons with disabilities to file pri- er if— ing at the end thereof the following: vate rights of action under section 41705 or October 5, 1999 CONGRESSIONAL RECORD — SENATE S11965 to limit claims for compensatory or punitive ‘‘(2) determines that the property will be flight rules contained in part 91 of title 14, damages asserted in such cases. used solely to generate revenue for the pub- Code of Federal Regulations. ‘‘(C) ATTORNEY’S FEES.—In addition to the lic airport; (b) RULEMAKING PROCEEDING.— penalty provided by subparagraph (A), an in- ‘‘(3) provides preliminary notice to the (1) IN GENERAL.—The Administrator shall dividual who— head of the department, agency, or instru- conduct a rulemaking proceeding and issue a ‘‘(i) brings a civil action against an air car- mentality that conveyed the property inter- final rule to modify the general operating rier to enforce this section; and est at least 30 days before executing the re- and flight rules referred to in subsection (a) ‘‘(ii) who is awarded damages by the court lease; by establishing special rules applicable to in which the action is brought, ‘‘(4) provides notice to the public of the re- the flight operations conducted by Alaska guide pilots. may be awarded reasonable attorneys’ fees quested release; (2) CONTENTS OF RULES.—A final rule issued and costs of litigation reasonably incurred in ‘‘(5) includes in the release a written jus- by the Administrator under paragraph (1) bringing the action if the court deems it ap- tification for the release of the property; and shall require Alaska guide pilots— propriate.’’. ‘‘(6) determines that release of the prop- erty will advance civil aviation in the United (A) to operate aircraft inspected no less SEC. 408. CONVEYANCES OF UNITED STATES GOV- States.’’. often than after 125 hours of flight time; ERNMENT LAND. (c) EFFECTIVE DATE.—Section 47125(b) of (B) to participate in an annual flight re- (a) IN GENERAL.—Section 47125(a) is amend- title 49, United States Code, as added by sub- view, as described in section 61.56 of title 14, ed to read as follows: section (b) of this section, applies to prop- Code of Federal Regulations; ‘‘(a) CONVEYANCES TO PUBLIC AGENCIES.— erty interests conveyed before, on, or after (C) to have at least 500 hours of flight time ‘‘(1) REQUEST FOR CONVEYANCE.—Except as the date of enactment of this Act. as a pilot; provided in subsection (b) of this section, the (d) IDITAROD AREA SCHOOL DISTRICT.—Not- (D) to have a commercial rating, as de- Secretary of Transportation— withstanding any other provision of law (in- scribed in subpart F of part 61 of such title; ‘‘(A) shall request the head of the depart- cluding section 47125 of title 49, United (E) to hold at least a second-class medical ment, agency, or instrumentality of the States Code, as amended by this section), the certificate, as described in subpart C of part United States Government owning or con- Administrator of the Federal Aviation Ad- 67 of such title; trolling land or airspace to convey a prop- ministration, or the Administrator of the (F) to hold a current letter of authoriza- erty interest in the land or airspace to the General Services Administration, may con- tion issued by the Administrator; and public agency sponsoring the project or own- vey to the Iditarod Area School District (G) to take such other actions as the Ad- ing or controlling the airport when nec- without reimbursement all right, title, and ministrator determines necessary for safety. (c) DEFINITIONS.—In this section, the fol- essary to carry out a project under this sub- interest in 12 acres of property at Lake lowing definitions apply: chapter at a public airport, to operate a pub- Minchumina, Alaska, identified by the Ad- (1) LETTER OF AUTHORIZATION.—The term lic airport, or for the future development of ministrator of the Federal Aviation Admin- ‘‘letter of authorization’’ means a letter an airport under the national plan of inte- istration, including the structures known as issued by the Administrator once every 5 grated airport systems; and housing units 100 through 105 and as utility years to an Alaska guide pilot certifying ‘‘(B) may request the head of such a de- building 301. that the pilot is in compliance with general partment, agency, or instrumentality to con- SEC. 409. FLIGHT OPERATIONS QUALITY ASSUR- operating and flight rules applicable to the vey a property interest in the land or air- ANCE RULES. pilot. In the case of a multi-pilot operation, space to such a public agency for a use that Not later than 90 days after the date of en- at the election of the operating entity, a let- will complement, facilitate, or augment air- actment of this Act, the Administrator shall ter of authorization may be issued by the port development, including the develop- issue a notice of proposed rulemaking to de- Administrator to the entity or to each Alas- ment of additional revenue from both avia- velop procedures to protect air carriers and ka guide pilot employed by the entity. tion and nonaviation sources. their employees from enforcement actions (2) ALASKA GUIDE PILOT.—The term ‘‘Alas- ‘‘(2) RESPONSE TO REQUEST FOR CERTAIN for violations of the Federal Aviation Regu- ka guide pilot’’ means a pilot who— CONVEYANCES.—Within 4 months after receiv- lations other than criminal or deliberate (A) conducts aircraft operations over or ing a request from the Secretary under para- acts that are reported or discovered as a re- within the State of Alaska; graph (1), the head of the department, agen- sult of voluntary reporting programs, such (B) operates single engine, fixed wing air- cy, or instrumentality shall— as the Flight Operations Quality Assurance craft on floats, wheels, or skis, providing ‘‘(A) decide whether the requested convey- Program and the Aviation Safety Action commercial hunting, fishing, or other guide ance is consistent with the needs of the de- Program. services and related accommodations in the partment, agency, or instrumentality; SEC. 410. WIDE AREA AUGMENTATION SYSTEM. form of camps or lodges; and ‘‘(B) notify the Secretary of the decision; (a) PLAN.—The Administrator of the Fed- (C) transports clients by such aircraft inci- and eral Aviation Administration shall identify dental to hunting, fishing, or other guide ‘‘(C) make the requested conveyance if— or develop a plan to implement WAAS to services, or uses air transport to enable guid- ‘‘(i) the requested conveyance is consistent provide navigation and landing approach ca- ed clients to reach hunting or fishing loca- with the needs of the department, agency, or pabilities for civilian use and make a deter- tions. instrumentality; mination as to whether a backup system is SEC. 412. ALASKA RURAL AVIATION IMPROVE- ‘‘(ii) the Attorney General approves the necessary. Until the Administrator deter- MENT. conveyance; and mines that WAAS is the sole means of navi- (a) APPLICATION OF FAA REGULATIONS.— ‘‘(iii) the conveyance can be made without gation, the Administrator shall continue to Section 40113 is amended by adding at the cost to the United States Government. develop and maintain a backup system. end thereof the following: ‘‘(3) REVERSION.—Except as provided in (b) REPORT.—Within 6 months after the ‘‘(f) APPLICATION OF CERTAIN REGULATIONS subsection (b), a conveyance under this sub- date of enactment of this Act, the Adminis- TO ALASKA.—In amending title 14, Code of section may only be made on the condition trator shall— Federal Regulations, in a manner affecting that the property interest conveyed reverts (1) report to the Senate Committee on intrastate aviation in Alaska, the Adminis- to the Government, at the option of the Sec- Commerce, Science, and Transportation and trator of the Federal Aviation Administra- retary, to the extent it is not developed for the House of Representatives Committee on tion shall consider the extent to which Alas- an airport purpose or used consistently with Transportation and Infrastructure, on the ka is not served by transportation modes the conveyance.’’. plan developed under subsection (a); other than aviation, and shall establish such (b) RELEASE OF CERTAIN CONDITIONS.—Sec- (2) submit a timetable for implementing regulatory distinctions as the Administrator tion 47125 is amended— WAAS; and considers appropriate.’’. (b) AVIATION CLOSED CIRCUIT TELEVISION.— (1) by redesignating subsection (b) as sub- (3) make a determination as to whether The Administrator of the Federal Aviation section (c); and WAAS will ultimately become a primary or Administration, in consultation with com- (2) by inserting the following after sub- sole means of navigation and landing ap- mercial and general aviation pilots, shall in- section (a): proach capabilities. stall closed circuit weather surveillance (c) WAAS DEFINED.—For purposes of this ‘‘(b) RELEASE OF CERTAIN CONDITIONS.—The equipment at not fewer that 15 rural airports Secretary may grant a release from any section, the term ‘‘WAAS’’ means wide area in Alaska and provide for the dissemination term, condition, reservation, or restriction augmentation system. of information derived from such equipment contained in any conveyance executed under (d) FUNDING AUTHORIZATION.—There are au- to pilots for pre-flight planning purposes and this section, section 16 of the Federal Air- thorized to be appropriated to the Secretary en route purposes, including through the dis- port Act, section 23 of the Airport and Air- of Transportation such sums as may be nec- semination of such information to pilots by way Development Act of 1970, or section 516 essary to carry out this section. flight service stations. There are authorized of the Airport and Airway Improvement Act SEC. 411. REGULATION OF ALASKA GUIDE PI- to be appropriated $2,000,000 for the purposes of 1982, to facilitate the development of addi- LOTS. of this subsection. tional revenue from aeronautical and non- (a) IN GENERAL.—Beginning on the date of (c) MIKE-IN-HAND WEATHER OBSERVATION.— aeronautical sources if the Secretary— the enactment of this Act, flight operations The Administrator of the Federal Aviation ‘‘(1) determines that the property is no conducted by Alaska guide pilots shall be Administration and the Assistant Adminis- longer needed for aeronautical purposes; regulated under the general operating and trator of the National Weather Service, in S11966 CONGRESSIONAL RECORD — SENATE October 5, 1999 consultation with the National Transpor- tion Administration shall complete the Ad- not later than 300 days after the award of tation Safety Board and the Governor of the ministration’s updating of training practices contracts. State of Alaska, shall develop and imple- for flight deck automation and associated (c) FUNDING.—There are authorized to be ment a ‘‘mike-in-hand’’ weather observation training requirements within 12 months appropriated such sums as may be necessary program in Alaska under which Federal after the date of enactment of this Act. for the cost of the contracted audit services Aviation Administration employees, Na- (c) CONFORMING AMENDMENT.—The chapter authorized by this section. tional Weather Service employees, other analysis for chapter 445 is amended by add- SEC. 415. APPLICATION OF FEDERAL PROCURE- Federal or State employees sited at an air- ing at the end thereof the following: MENT POLICY ACT. port, or persons contracted specifically for ‘‘44516. Human factors program.’’. Section 348 of the Department of Transpor- such purpose (including part-time contract SEC. 414. INDEPENDENT VALIDATION OF FAA tation and Related Agencies Appropriations employees who are not sited at such airport), COSTS AND ALLOCATIONS. Act, 1996 (49 U.S.C. 40110 nt) is amended— will provide near-real time aviation weather (a) INDEPENDENT ASSESSMENT.— (1) by redesignating subsection (c) as sub- information via radio and otherwise to pilots (1) INITIATION.—Not later than 90 days after section (d); and who request such information. the date of enactment of this Act, the In- (2) by inserting after subsection (b) the fol- (d) RURAL IFR COMPLIANCE.—There are au- spector General of the Department of Trans- lowing: thorized to be appropriated $4,000,000 to the portation shall initiate the analyses de- ‘‘(c) CERTAIN PROVISIONS OF THE OFFICE OF Administrator for runway lighting and scribed in paragraph (2). In conducting the weather reporting systems at remote air- FEDERAL PROCUREMENT POLICY ACT.—Not- analyses, the Inspector General shall ensure withstanding subsection (b)(2), section 27 of ports in Alaska to implement the CAP- that the analyses are carried out by 1 or STONE project. the Office of Federal Procurement Policy more entities that are independent of the Act (41 U.S.C. 423) shall apply to the new ac- SEC. 413. HUMAN FACTORS PROGRAM. Federal Aviation Administration. The In- quisition management system developed and (a) IN GENERAL.—Chapter 445 is amended spector General may use the staff and re- implemented under subsection (a) with the by adding at the end thereof the following: sources of the Inspector General or may con- following modifications: ‘‘§ 44516. Human factors program tract with independent entities to conduct ‘‘(1) Subsections (f) and (g) shall not apply. ‘‘(a) REPORT.—The Administrator of the the analyses. ‘‘(2) Within 90 days after the date of enact- Federal Aviation Administration shall re- (2) ASSESSMENT OF ADEQUACY AND ACCURACY ment of the Air Transportation Improve- port within 1 year after the date of enact- OF FAA COST DATA AND ATTRIBUTIONS.—To en- ment Act, the Administrator of the Federal ment of the Air Transportation Improve- sure that the method for capturing and dis- Aviation Administration shall adopt defini- ment Act to the Senate Committee on Com- tributing the overall costs of the Federal tions for the acquisition management sys- merce, Science, and Transportation and the Aviation Administration is appropriate and tem that are consistent with the purpose and House of Representatives Committee on reasonable, the Inspector General shall con- intent of the Office of Federal Procurement Transportation and Infrastructure on the duct an assessment that includes the fol- Policy Act. status of the Administration’s efforts to en- lowing: ‘‘(3) After the adoption of those definitions, courage the adoption and implementation of (A)(i) Validation of Federal Aviation Ad- the criminal, civil, and administrative rem- Advanced Qualification Programs for air car- ministration cost input data, including an edies provided under the Office of Federal riers under this section. audit of the reliability of Federal Aviation Procurement Policy Act apply to the acqui- ‘‘(b) HUMAN FACTORS TRAINING.— Administration source documents and the sition management system. ‘‘(1) AIR TRAFFIC CONTROLLERS.—The Ad- integrity and reliability of the Federal Avia- ‘‘(4) In the administration of the acquisi- ministrator shall— tion Administration’s data collection proc- tion management system, the Administrator ‘‘(A) address the problems and concerns ess. may take adverse personnel action under raised by the National Research Council in (ii) An assessment of the reliability of the section 27(e)(3)(A)(iv) of the Office of Federal its report ‘The Future of Air Traffic Control’ Federal Aviation Administration’s system Procurement Policy Act in accordance with on air traffic control automation; and for tracking assets. the procedures contained in the Administra- ‘‘(B) respond to the recommendations made (iii) An assessment of the reasonableness of tion’s personnel management system.’’. by the National Research Council. the Federal Aviation Administration’s bases for establishing asset values and deprecia- SEC. 416. REPORT ON MODERNIZATION OF OCE- ‘‘(2) PILOTS AND FLIGHT CREWS.—The Ad- ANIC ATC SYSTEM. ministrator shall work with the aviation in- tion rates. The Administrator of the Federal Aviation dustry to develop specific training curricula (iv) An assessment of the Federal Aviation Administration shall report to the Congress to address critical safety problems, including Administration’s system of internal controls on plans to modernize the oceanic air traffic problems of pilots— for ensuring the consistency and reliability control system, including a budget for the ‘‘(A) in recovering from loss of control of of reported data to begin immediately after program, a determination of the require- the aircraft, including handling unusual atti- full operational capability of the cost ac- ments for modernization, and, if necessary, a tudes and mechanical malfunctions; counting system. proposal to fund the program. ‘‘(B) in deviating from standard operating (B) A review and validation of the Federal procedures, including inappropriate re- Aviation Administration’s definition of the SEC. 417. REPORT ON AIR TRANSPORTATION sponses to emergencies and hazardous weath- services to which the Federal Aviation Ad- OVERSIGHT SYSTEM. er; ministration ultimately attributes its costs, Beginning in calendar year 2000, the Ad- ‘‘(C) in awareness of altitude and location and the methods used to identify direct costs ministrator of the Federal Aviation Admin- relative to terrain to prevent controlled associated with the services. istration shall report biannually to the Con- flight into terrain; and (C) An assessment and validation of the gress on the air transportation oversight sys- ‘‘(D) in landing and approaches, including general cost pools used by the Federal Avia- tem program announced by the Administra- nonprecision approaches and go-around pro- tion Administration, including the rationale tion on May 13, 1998, in detail on the training cedures. for and reliability of the bases on which the of inspectors, the number of inspectors using ‘‘(c) ACCIDENT INVESTIGATIONS.—The Ad- Federal Aviation Administration proposes to the system, air carriers subject to the sys- ministrator, working with the National allocate costs of services to users and the in- tem, and the budget for the system. Transportation Safety Board and representa- tegrity of the cost pools as well as any other SEC. 418. RECYCLING OF EIS. tives of the aviation industry, shall establish factors considered important by the Inspec- Notwithstanding any other provision of a process to assess human factors training as tor General. Appropriate statistical tests law to the contrary, the Secretary of Trans- part of accident and incident investigations. shall be performed to assess relationships be- portation may authorize the use, in whole or ‘‘(d) TEST PROGRAM.—The Administrator tween costs in the various cost pools and ac- in part, of a completed environmental as- shall establish a test program in cooperation tivities and services to which the costs are sessment or environmental impact study for with United States air carriers to use model attributed by the Federal Aviation Adminis- a new airport construction project on the air Jeppesen approach plates or other similar tration. operations area, that is substantially similar tools to improve nonprecision landing ap- (b) DEADLINE.—The independent analyses in nature to one previously constructed pur- proaches for aircraft. described in this section shall be completed suant to the completed environmental as- ‘‘(e) ADVANCED QUALIFICATION PROGRAM no later than 270 days after the contracts are sessment or environmental impact study in DEFINED.—For purposes of this section, the awarded to the outside independent contrac- term ‘advanced qualification program’ tors. The Inspector General shall submit a order to avoid unnecessary duplication of ex- means an alternative method for qualifying, final report combining the analyses done by pense and effort, and any such authorized training, certifying, and ensuring the com- its staff with those of the outside inde- use shall meet all requirements of Federal petency of flight crews and other commer- pendent contractors to the Secretary of law for the completion of such an assessment cial aviation operations personnel subject to Transportation, the Administrator, the Com- or study. the training and evaluation requirements of mittee on Commerce, Science, and Transpor- SEC. 419. PROTECTION OF EMPLOYEES PRO- Parts 121 and 135 of title 14, Code of Federal tation of the Senate, and the Committee on VIDING AIR SAFETY INFORMATION. Regulations.’’. Transportation and Infrastructure of the (a) GENERAL RULE.—Chapter 421 is amend- (b) AUTOMATION AND ASSOCIATED TRAIN- House of Representatives. The final report ed by adding at the end the following new ING.—The Administrator of the Federal Avia- shall be submitted by the Inspector General subchapter: October 5, 1999 CONGRESSIONAL RECORD — SENATE S11967 ‘‘SUBCHAPTER III—WHISTLEBLOWER occurred, the Secretary shall accompany the back pay) and the restoration of terms, con- PROTECTION PROGRAM findings referred to in clause (i) with a pre- ditions, and privileges associated with the ‘‘§ 42121. Protection of employees providing liminary order providing the relief pre- employment; and air safety information scribed under paragraph (3)(B). ‘‘(iii) provide compensatory damages to ‘‘(iii) OBJECTIONS.—Not later than 30 days ‘‘(a) DISCRIMINATION AGAINST AIRLINE EM- the complainant. after the date of notification of findings PLOYEES.—No air carrier or contractor or ‘‘(C) COSTS OF COMPLAINT.—If the Secretary subcontractor of an air carrier may dis- under this paragraph, the person alleged to of Labor issues a final order that provides for charge an employee of the air carrier or the have committed the violation or the com- relief in accordance with this paragraph, the contractor or subcontractor of an air carrier plainant may file objections to the findings Secretary of Labor, at the request of the or preliminary order and request a hearing or otherwise discriminate against any such complainant, shall assess against the air car- on the record. employee with respect to compensation, rier, contractor, or subcontractor named in ‘‘(iv) EFFECT OF FILING.—The filing of ob- terms, conditions, or privileges of employ- the order an amount equal to the aggregate jections under clause (iii) shall not operate ment because the employee (or any person amount of all costs and expenses (including to stay any reinstatement remedy contained acting pursuant to a request of the em- attorney and expert witness fees) reasonably in the preliminary order. ployee)— incurred by the complainant (as determined ‘‘(v) HEARINGS.—Hearings conducted pursu- ‘‘(1) provided, caused to be provided, or is by the Secretary of Labor) for, or in connec- ant to a request made under clause (iii) shall about to provide or cause to be provided to tion with, the bringing of the complaint that be conducted expeditiously and governed by the Federal Government information relat- resulted in the issuance of the order. the Federal Rules of Civil Procedure. If a ing to any violation or alleged violation of ‘‘(4) FRIVOLOUS COMPLAINTS.—Rule 11 of the hearing is not requested during the 30-day Federal Rules of Civil Procedure applies to any order, regulation, or standard of the period prescribed in clause (iii), the prelimi- Federal Aviation Administration or any any complaint brought under this section nary order shall be deemed a final order that that the Secretary finds to be frivolous or to other provision of Federal law relating to air is not subject to judicial review. carrier safety under this subtitle or any have been brought in bad faith. ‘‘(B) REQUIREMENTS.— other law of the United States; ‘‘(5) REVIEW.— ‘‘(i) REQUIRED SHOWING BY COMPLAINANT.— ‘‘(A) APPEAL TO COURT OF APPEALS.— ‘‘(2) has filed, caused to be filed, or is about The Secretary of Labor shall dismiss a com- to file or cause to be filed a proceeding relat- ‘‘(i) IN GENERAL.—Not later than 60 days plaint filed under this subsection and shall after a final order is issued under paragraph ing to any violation or alleged violation of not conduct an investigation otherwise re- any order, regulation, or standard of the (3), a person adversely affected or aggrieved quired under subparagraph (A) unless the by that order may obtain review of the order Federal Aviation Administration or any complainant makes a prima facie showing other provision of Federal law relating to air in the United States court of appeals for the that any behavior described in paragraphs (1) circuit in which the violation allegedly oc- carrier safety under this subtitle or any through (4) of subsection (a) was a contrib- other law of the United States; curred or the circuit in which the complain- uting factor in the unfavorable personnel ac- ant resided on the date of that violation. ‘‘(3) testified or will testify in such a pro- tion alleged in the complaint. ceeding; or ‘‘(ii) REQUIREMENTS FOR JUDICIAL REVIEW.— ‘‘(ii) SHOWING BY EMPLOYER.—Notwith- A review conducted under this paragraph ‘‘(4) assisted or participated or is about to standing a finding by the Secretary that the shall be conducted in accordance with chap- assist or participate in such a proceeding. complainant has made the showing required ter 7 of title 5. The commencement of pro- ‘‘(b) DEPARTMENT OF LABOR COMPLAINT under clause (i), no investigation otherwise ceedings under this subparagraph shall not, PROCEDURE.— required under subparagraph (A) shall be unless ordered by the court, operate as a ‘‘(1) FILING AND NOTIFICATION.— conducted if the employer demonstrates, by stay of the order that is the subject of the re- ‘‘(A) IN GENERAL.—In accordance with this clear and convincing evidence, that the em- view. paragraph, a person may file (or have a per- ployer would have taken the same unfavor- ‘‘(B) LIMITATION ON COLLATERAL ATTACK.— son file on behalf of that person) a complaint able personnel action in the absence of that An order referred to in subparagraph (A) with the Secretary of Labor if that person behavior. shall not be subject to judicial review in any believes that an air carrier or contractor or ‘‘(iii) CRITERIA FOR DETERMINATION BY SEC- criminal or other civil proceeding. subcontractor of an air carrier discharged or RETARY.—The Secretary may determine that otherwise discriminated against that person a violation of subsection (a) has occurred ‘‘(6) ENFORCEMENT OF ORDER BY SECRETARY in violation of subsection (a). only if the complainant demonstrates that OF LABOR.— ‘‘(B) REQUIREMENTS FOR FILING COM- any behavior described in paragraphs (1) ‘‘(A) IN GENERAL.—If an air carrier, con- PLAINTS.—A complaint referred to in sub- through (4) of subsection (a) was a contrib- tractor, or subcontractor named in an order paragraph (A) may be filed not later than 90 uting factor in the unfavorable personnel ac- issued under paragraph (3) fails to comply days after an alleged violation occurs. The tion alleged in the complaint. with the order, the Secretary of Labor may complaint shall state the alleged violation. ‘‘(iv) PROHIBITION.—Relief may not be or- file a civil action in the United States dis- ‘‘(C) NOTIFICATION.—Upon receipt of a com- dered under subparagraph (A) if the em- trict court for the district in which the vio- plaint submitted under subparagraph (A), ployer demonstrates by clear and convincing lation occurred to enforce that order. the Secretary of Labor shall notify the air evidence that the employer would have ‘‘(B) RELIEF.—In any action brought under carrier, contractor, or subcontractor named taken the same unfavorable personnel action this paragraph, the district court shall have in the complaint and the Administrator of in the absence of that behavior. jurisdiction to grant any appropriate form of the Federal Aviation Administration of the— ‘‘(3) FINAL ORDER.— relief, including injunctive relief and com- ‘‘(i) filing of the complaint; ‘‘(A) DEADLINE FOR ISSUANCE; SETTLEMENT pensatory damages. ‘‘(ii) allegations contained in the com- AGREEMENTS.— ‘‘(7) ENFORCEMENT OF ORDER BY PARTIES.— plaint; ‘‘(i) IN GENERAL.—Not later than 120 days ‘‘(A) COMMENCEMENT OF ACTION.—A person ‘‘(iii) substance of evidence supporting the after conclusion of a hearing under para- on whose behalf an order is issued under complaint; and graph (2), the Secretary of Labor shall issue paragraph (3) may commence a civil action ‘‘(iv) opportunities that are afforded to the a final order that— against the air carrier, contractor, or sub- air carrier, contractor, or subcontractor ‘‘(I) provides relief in accordance with this contractor named in the order to require under paragraph (2). paragraph; or compliance with the order. The appropriate ‘‘(2) INVESTIGATION; PRELIMINARY ORDER.— ‘‘(II) denies the complaint. United States district court shall have juris- ‘‘(A) IN GENERAL.— ‘‘(ii) SETTLEMENT AGREEMENT.—At any diction, without regard to the amount in ‘‘(i) INVESTIGATION.—Not later than 60 days time before issuance of a final order under controversy or the citizenship of the parties, after receipt of a complaint filed under para- this paragraph, a proceeding under this sub- to enforce the order. graph (1) and after affording the person section may be terminated on the basis of a ‘‘(B) ATTORNEY FEES.—In issuing any final named in the complaint an opportunity to settlement agreement entered into by the order under this paragraph, the court may submit to the Secretary of Labor a written Secretary of Labor, the complainant, and the award costs of litigation (including reason- response to the complaint and an oppor- air carrier, contractor, or subcontractor al- able attorney and expert witness fees) to any tunity to meet with a representative of the leged to have committed the violation. party if the court determines that the Secretary to present statements from wit- ‘‘(B) REMEDY.—If, in response to a com- awarding of those costs is appropriate. nesses, the Secretary of Labor shall conduct plaint filed under paragraph (1), the Sec- ‘‘(c) MANDAMUS.—Any nondiscretionary an investigation and determine whether retary of Labor determines that a violation duty imposed by this section shall be en- there is reasonable cause to believe that the of subsection (a) has occurred, the Secretary forceable in a mandamus proceeding brought complaint has merit and notify in writing of Labor shall order the air carrier, con- under section 1361 of title 28. the complainant and the person alleged to tractor, or subcontractor that the Secretary ‘‘(d) NONAPPLICABILITY TO DELIBERATE VIO- have committed a violation of subsection (a) of Labor determines to have committed the LATIONS.—Subsection (a) shall not apply with of the Secretary’s findings. violation to— respect to an employee of an air carrier, or ‘‘(ii) ORDER.—Except as provided in sub- ‘‘(i) take action to abate the violation; contractor or subcontractor of an air carrier paragraph (B), if the Secretary of Labor con- ‘‘(ii) reinstate the complainant to the who, acting without direction from the air cludes that there is reasonable cause to be- former position of the complainant and en- carrier (or an agent, contractor, or subcon- lieve that a violation of subsection (a) has sure the payment of compensation (including tractor of the air carrier), deliberately S11968 CONGRESSIONAL RECORD — SENATE October 5, 1999 causes a violation of any requirement relat- (1) through an effective public-private should support a long-term marketing effort ing to air carrier safety under this subtitle partnership, Federal, State, and local gov- and other important regulatory reform ini- or any other law of the United States. ernments and the travel and tourism indus- tiatives to promote increased travel to the ‘‘(e) CONTRACTOR DEFINED.—In this section, try can successfully market the United United States for the benefit of every sector the term ‘contractor’ means a company that States as the premiere international tourist of the economy. performs safety-sensitive functions by con- destination in the world; (b) PURPOSES.—The purposes of this section tract for an air carrier.’’. (2) in 1997, the travel and tourism industry are to provide international visitor initia- (b) INVESTIGATIONS AND ENFORCEMENT.— made a substantial contribution to the tives and an international marketing pro- Section 347(b)(1) of Public Law 104–50 (49 health of the Nation’s economy, as follows: gram to enable the United States travel and U.S.C. 106, note) is amended by striking (A) The industry is one of the Nation’s tourism industry and every level of govern- ‘‘protection;’’ and inserting ‘‘protection, in- largest employers, directly employing ment to benefit from a successful effort to cluding the provisions for investigations and 7,000,000 Americans, throughout every region make the United States the premiere travel enforcement as provided in chapter 12 of title of the country, heavily concentrated among destination in the world. 5, United States Code;’’. small businesses, and indirectly employing (c) INTERNATIONAL VISITOR ASSISTANCE (c) CONFORMING AMENDMENT.—The chapter an additional 9,200,000 Americans, for a total TASK FORCE.— analysis for chapter 421 is amended by add- of 16,200,000 jobs. (1) ESTABLISHMENT.—Not later than 9 ing at the end the following: (B) The industry ranks as the first, second, months after the date of enactment of this or third largest employer in 32 States and Act, the Secretary of Commerce shall estab- ‘‘SUBCHAPTER III—WHISTLEBLOWER lish an Intergovernmental Task Force for PROTECTION PROGRAM the District of Columbia, generating a total tourism-related annual payroll of International Visitor Assistance (hereafter ‘‘42121. Protection of employees providing air $127,900,000,000. in this subsection referred to as the ‘‘Task safety information.’’. (C) The industry has become the Nation’s Force’’). (d) CIVIL PENALTY.—Section 46301(a)(1)(A) third-largest retail sales industry, gener- (2) DUTIES.—The Task Force shall is amended by striking ‘‘subchapter II of ating a total of $489,000,000,000 in total ex- examine— chapter 421,’’ and inserting ‘‘subchapter II or penditures. (A) signage at facilities in the United III of chapter 421,’’. (D) The industry generated $71,700,000,000 States, including airports, seaports, land SEC. 420. IMPROVEMENTS TO AIR NAVIGATION in tax revenues for Federal, State, and local border crossings, highways, and bus, train, FACILITIES. governments; and other public transit stations, and shall Section 44502(a) is amended by adding at (3) the more than $98,000,000,000 spent by identify existing inadequacies and suggest the end thereof the following: foreign visitors in the United States in 1997 solutions for such inadequacies, such as the ‘‘(5) The Administrator may improve real generated a trade services surplus of more adoption of uniform standards on inter- property leased for air navigation facilities than $26,000,000,000; national signage for use throughout the without regard to the costs of the improve- (4) the private sector, States, and cities United States in order to facilitate inter- ments in relation to the cost of the lease if— currently spend more than $1,000,000,000 an- national visitors’ travel in the United ‘‘(A) the improvements primarily benefit nually to promote particular destinations States; the government; within the United States to international (B) the availability of multilingual travel ‘‘(B) are essential for mission accomplish- visitors; and tourism information and means of dis- ment; and (5) because other nations are spending hun- seminating, at no or minimal cost to the ‘‘(C) the government’s interest in the im- dreds of millions of dollars annually to pro- Government, of such information; and provements is protected.’’. mote the visits of international tourists to (C) facilitating the establishment of a toll- SEC. 421. DENIAL OF AIRPORT ACCESS TO CER- their countries, the United States will miss free, private-sector operated, telephone num- TAIN AIR CARRIERS. a major marketing opportunity if it fails to ber, staffed by multilingual operators, to Section 47107 is amended by adding at the aggressively compete for an increased share provide assistance to international tourists end thereof the following: of international tourism expenditures as coping with an emergency. ‘‘(q) DENIAL OF ACCESS.— they continue to increase over the next dec- (3) MEMBERSHIP.—The Task Force shall be ‘‘(1) EFFECT OF DENIAL.—If an owner or op- ade; composed of the following members: erator of an airport described in paragraph (6) a well-funded, well-coordinated inter- (A) The Secretary of Commerce. (2) denies access to an air carrier described national marketing effort—combined with (B) The Secretary of State. in paragraph (3), that denial shall not be con- additional public and private sector efforts— (C) The Secretary of Transportation. sidered to be unreasonable or unjust dis- would help small and large businesses, as (D) The Chair of the Board of Directors of crimination or a violation of this section. well as State and local governments, share the United States National Tourism Organi- ‘‘(2) AIRPORTS TO WHICH SUBSECTION AP- in the anticipated phenomenal growth of the zation. PLIES.—An airport is described in this para- international travel and tourism market in (E) Such other representatives of other graph if it— the 21st century; Federal agencies and private-sector entities ‘‘(A) is designated as a reliever airport by (7) by making permanent the successful as may be determined to be appropriate to the Administrator of the Federal Aviation visa waiver pilot program, Congress can fa- the mission of the Task Force by the Chair- Administration; cilitate the increased flow of international man. ‘‘(B) does not have an operating certificate visitors to the United States; (4) CHAIRMAN.—The Secretary of Commerce issued under part 139 of title 14, Code of Fed- (8) Congress can increase the opportunities shall be Chairman of the Task Force. The eral Regulations (or any subsequent similar for attracting international visitors and en- Task Force shall meet at least twice each regulations); and hancing their stay in the United States by— year. Each member of the Task Force shall ‘‘(C) is located within a 35-mile radius of an (A) improving international signage at air- furnish necessary assistance to the Task airport that has— ports, seaports, land border crossings, high- Force. ‘‘(i) at least 0.05 percent of the total annual ways, and bus, train, and other public transit (5) REPORT.—Not later than 18 months boardings in the United States; and stations in the United States; after the date of the enactment of this Act, ‘‘(ii) current gate capacity to handle the (B) increasing the availability of multi- the Chairman of the Task Force shall submit demands of a public charter operation. lingual tourist information; and to the President and to Congress a report on ‘‘(3) AIR CARRIERS DESCRIBED.—An air car- (C) creating a toll-free, private-sector oper- the results of the review, including proposed rier is described in this paragraph if it con- ated, telephone number, staffed by multi- amendments to existing laws or regulations ducts operations as a public charter under lingual operators, to provide assistance to as may be appropriate to implement such part 380 of title 14, Code of Federal Regula- international tourists coping with an emer- recommendations. tions (or any subsequent similar regulations) gency; (d) TRAVEL AND TOURISM INDUSTRY SAT- with aircraft that is designed to carry more (9) by establishing a satellite system of ac- ELLITE SYSTEM OF ACCOUNTING.— than 9 passengers per flight. counting for travel and tourism, the Sec- (1) IN GENERAL.—The Secretary of Com- ‘‘(4) DEFINITIONS.—In this subsection: retary of Commerce could provide Congress merce shall complete, as soon as may be ‘‘(A) AIR CARRIER; AIR TRANSPORTATION; and the President with objective, thorough practicable, a satellite system of accounting AIRCRAFT; AIRPORT.—The terms ‘air carrier’, data that would help policymakers more ac- for the travel and tourism industry. ‘air transportation’, ‘aircraft’, and ‘airport’ curately gauge the size and scope of the do- (2) FUNDING.—To the extent any costs or have the meanings given those terms in sec- mestic travel and tourism industry and its expenditures are incurred under this sub- tion 40102 of this title. significant impact on the health of the Na- section, they shall be covered to the extent ‘‘(B) PUBLIC CHARTER.—The term ‘public tion’s economy; and funds are available to the Department of charter’ means charter air transportation for (10) having established the United States Commerce for such purpose. which the general public is provided in ad- National Tourism Organization under the (e) AUTHORIZATION OF APPROPRIATIONS.— vance a schedule containing the departure United States National Tourism Organiza- (1) AUTHORIZATION.—Subject to paragraph location, departure time, and arrival loca- tion Act of 1996 (22 U.S.C. 2141 et seq.) to in- (2), there are authorized to be appropriated tion of the flights.’’. crease the United States share of the inter- such sums as may be necessary for the pur- SEC. 422. TOURISM. national tourism market by developing a na- pose of funding international promotional (a) FINDINGS.—Congress finds that— tional travel and tourism strategy, Congress activities by the United States National October 5, 1999 CONGRESSIONAL RECORD — SENATE S11969 Tourism Organization to help brand, posi- Board from any action that was appealable consults with the Administrator of General tion, and promote the United States as the to the Board under any law, rule, or regula- Services and with the heads of appropriate premiere travel and tourism destination in tion as of March 31, 1996.’’. departments and agencies of the Federal the world. SEC. 425. AUTHORITY TO SELL AIRCRAFT AND Government regarding alternative require- (2) RESTRICTIONS ON USE OF FUNDS.—None AIRCRAFT PARTS FOR USE IN RE- ments for such aircraft and aircraft parts be- of the funds appropriated under paragraph (1) SPONDING TO OIL SPILLS. fore the sale of such aircraft and aircraft may be used for purposes other than mar- (a) AUTHORITY.— parts under this section. keting, research, outreach, or any other ac- (1) Notwithstanding section 202 of the Fed- eral Property and Administrative Services (e) ADDITIONAL TERMS AND CONDITIONS.— tivity designed to promote the United States The Secretary of Defense may require such as the premiere travel and tourism destina- Act of 1949 (40 U.S.C. 483) and subject to sub- sections (b) and (c), the Secretary of Defense other terms and conditions in connection tion in the world, except that the general with each sale of aircraft and aircraft parts and administrative expenses of operating the may, during the period beginning March 1, 1999, and ending on September 30, 2002, sell under this section as the Secretary considers United States National Tourism Organiza- appropriate for such sale. Such terms and tion shall be borne by the private sector aircraft and aircraft parts referred to in paragraph (2) to a person or entity that pro- conditions shall meet the requirements of through such means as the Board of Direc- regulations prescribed under subsection (d). tors of the Organization shall determine. vides oil spill response services (including the application of oil dispersants by air) pur- (f) REPORT.—Not later than March 31, 2002, (3) REPORT TO CONGRESS.—Not later than March 30 of each year in which funds are suant to an oil spill response plan that has the Secretary of Defense shall submit to the made available under subsection (a), the Sec- been approved by the Secretary of the De- Committee on Armed Services of the Senate retary shall submit to the Committee on partment in which the Coast Guard is oper- and the Committee on National Security of ating. Commerce of the House of Representatives the House of Representatives a report on the (2) The aircraft and aircraft parts that may and the Committee on Commerce, Science, Secretary’s exercise of authority under this be sold under paragraph (1) are aircraft and and Transportation of the Senate a detailed section. The report shall set forth— aircraft parts of the Department of Defense report setting forth— (1) the number and types of aircraft sold that are determined by the Secretary to be— (A) the manner in which appropriated under the authority, and the terms and con- (A) excess to the needs of the Department; funds were expended; ditions under which the aircraft were sold; and (B) changes in the United States market (2) the persons or entities to which the air- (B) acceptable for commercial sale. craft were sold; and share of international tourism in general and (b) CONDITIONS OF SALE.—Aircraft and air- as measured against specific countries and (3) an accounting of the current use of the craft parts sold under subsection (a)— aircraft sold. regions; (1) shall have as their primary purpose (g) CONSTRUCTION.—Nothing in this section (C) an analysis of the impact of inter- usage for oil spill spotting, observation, and national tourism on the United States econ- dispersant delivery and may not have any may be construed as affecting the authority omy, including, as specifically as prac- secondary purpose that would interfere with of the Administrator of the Federal Aviation ticable, an analysis of the impact of expendi- oil spill response efforts under an oil spill re- Administration under any other provision of tures made pursuant to this section; sponse plan; law. (D) an analysis of the impact of inter- (2) may not be flown outside of or removed (h) PROCEEDS FROM SALE.—The net pro- national tourism on the United States trade from the United States except for the pur- ceeds of any amounts received by the Sec- balance and, as specifically as practicable, pose of fulfilling an international agreement retary of Defense from the sale of aircraft an analysis of the impact on the trade bal- to assist in oil spill dispersing efforts, for im- and aircraft parts under this section shall be ance of expenditures made pursuant to this mediate response efforts for an oil spill out- covered into the general fund of the Treas- section; and side United States waters that has the poten- ury as miscellaneous receipts. (E) an analysis of other relevant economic tial to threaten United States waters, or for impacts as a result of expenditures made SEC 426. AIRCRAFT AND AVIATION COMPONENT other purposes that are jointly approved by REPAIR AND MAINTENANCE ADVI- pursuant to this section. the Secretary of Defense and the Secretary SORY PANEL. SEC. 423. SENSE OF THE SENATE ON PROPERTY of Transportation. TAXES ON PUBLIC-USE AIRPORTS. (c) CERTIFICATION OF PERSONS AND ENTI- (a) ESTABLISHMENT OF PANEL.—The Admin- istrator of the Federal Aviation It is the sense of the Senate that— TIES.—The Secretary of Defense may sell air- (1) property taxes on public-use airports craft and aircraft parts to a person or entity Administration— should be assessed fairly and equitably, re- under subsection (a) only if the Secretary of (1) shall establish an Aircraft Repair and gardless of the location of the owner of the Transportation certifies to the Secretary of Maintenance Advisory Panel to review issues airport; and Defense, in writing, before the sale, that the related to the use and oversight of aircraft (2) the property tax recently assessed on person or entity is capable of meeting the and aviation component repair and mainte- the City of The Dalles, Oregon, as the owner terms and conditions of a contract to deliver nance facilities located within, or outside of, and operator of the Columbia Gorge Re- oil spill dispersants by air, and that the the United States; and gional/The Dalles Municipal Airport, located overall system to be employed by that per- (2) may seek the advice of the panel on any in the State of Washington, should be re- son or entity for the delivery and application issue related to methods to improve the safe- pealed. of oil spill dispersants has been sufficiently ty of domestic or foreign contract aircraft tested to ensure that the person or entity is and aviation component repair facilities. SEC. 424. FEDERAL AVIATION ADMINISTRATION capable of being included in an oil spill re- PERSONNEL MANAGEMENT SYSTEM. (b) MEMBERSHIP.—The panel shall consist sponse plan that has been approved by the of— (a) APPLICABILITY OF MERIT SYSTEMS PRO- Secretary of the Department in which the TECTION BOARD PROVISIONS.—Section 347(b) (1) 8 members, appointed by the Adminis- Coast Guard is operating. trator as follows: of the Department of Transportation and Re- (d) REGULATIONS.— (A) 3 representatives of labor organizations lated Agencies Appropriations Act, 1996 (109 (1) As soon as practicable after the date of representing aviation mechanics; Stat. 460) is amended— enactment of this Act, the Secretary of De- (B) 1 representative of cargo air carriers; (1) by striking ‘‘and’’ at the end of para- fense shall, in consultation with the Sec- (C) 1 representative of passenger air car- graph (6); retary of Transportation and the Adminis- riers; (2) by striking the period at the end of trator of General Services, prescribe regula- (D) 1 representative of aircraft and avia- paragraph (7) and inserting a semicolon and tions relating to the sale of aircraft and air- tion component repair stations; ‘‘and’’; and craft parts under this section. (E) 1 representative of aircraft manufac- (3) by adding at the end thereof the fol- (2) The regulations shall— turers; and lowing: (A) ensure that the sale of the aircraft and ‘‘(8) sections 1204, 1211–1218, 1221, and 7701– aircraft parts is made at a fair market value (F) 1 representative of the aviation indus- 7703, relating to the Merit Systems Protec- as determined by the Secretary of Defense, try not described in the preceding subpara- tion Board.’’. and, to the extent practicable, on a competi- graphs; (b) APPEALS TO MERIT SYSTEMS PROTECTION tive basis; (2) 1 representative from the Department BOARD.—Section 347(c) of the Department of (B) require a certification by the purchaser of Transportation, designated by the Sec- Transportation and Related Agencies Appro- that the aircraft and aircraft parts will be retary of Transportation; priations Act, 1996 is amended to read as fol- used only in accordance with the conditions (3) 1 representative from the Department lows: set forth in subsection (b); of State, designated by the Secretary of ‘‘(c) APPEALS TO MERIT SYSTEMS PROTEC- (C) establish appropriate means of State; and TION BOARD.—Under the new personnel man- verifying and enforcing the use of the air- (4) 1 representative from the Federal Avia- agement system developed and implemented craft and aircraft parts by the purchaser and tion Administration, designated by the Ad- under subsection (a), an employee of the Fed- other end-users in accordance with the con- ministrator. eral Aviation Administration may submit an ditions set forth in subsection (b) or pursu- (c) RESPONSIBILITIES.—The panel shall— appeal to the Merit Systems Protection ant to subsection (e); and (1) determine how much aircraft and avia- Board and may seek judicial review of any (D) ensure, to the maximum extent prac- tion component repair work and what type resulting final orders or decisions of the ticable, that the Secretary of Defense of aircraft and aviation component repair S11970 CONGRESSIONAL RECORD — SENATE October 5, 1999 work is being performed by aircraft and avia- craft owner or operator upon the Adminis- that consumer. In issuing the regulations tion component repair stations located with- tration’s request. issued under this subsection, the Secretary in, and outside of, the United States to bet- (b) EXISTING MEMORANDA TO BE CON- shall take into account the proposed regula- ter understand and analyze methods to im- FORMED.—The Administrator shall conform tions issued by the Secretary on January 17, prove the safety and oversight of such facili- any memoranda of agreement, in effect on 1995, published at page 3359, volume 60, Fed- ties; and the date of enactment of this Act, between eral Register. (2) provide advice and counsel to the Ad- the Administration and a person under SEC. 431. COMPENSATION UNDER THE DEATH ON ministrator with respect to aircraft and which that person obtains such data to in- THE HIGH SEAS ACT. aviation component repair work performed corporate the requirements of subsection (a) (a) IN GENERAL.—Section 2 of the Death on by those stations, staffing needs, and any within 30 days after that date. the High Seas Act (46 U.S.C. App. 762) is safety issues associated with that work. SEC. 428. ALLOCATION OF TRUST FUND FUNDING. amended— (d) FAA TO REQUEST INFORMATION FROM (a) DEFINITIONS.—In this section: (1) by inserting ‘‘(a) IN GENERAL.—’’ before FOREIGN AIRCRAFT REPAIR STATIONS.— (1) AIRPORT AND AIRWAY TRUST FUND.—The ‘‘The recovery’’; and (1) COLLECTION OF INFORMATION.—The Ad- term ‘‘Airport and Airway Trust Fund’’ (2) by adding at the end thereof the fol- ministrator shall by regulation request air- means the trust fund established under sec- lowing: craft and aviation component repair stations tion 9502 of the Internal Revenue Code of ‘‘(b) COMMERCIAL AVIATION.— located outside the United States to submit 1986. ‘‘(1) IN GENERAL.—If the death was caused during commercial aviation, additional com- such information as the Administrator may (2) SECRETARY.—The term ‘‘Secretary’’ require in order to assess safety issues and means the Secretary of Transportation. pensation for nonpecuniary damages for wrongful death of a decedent is recoverable enforcement actions with respect to the (3) STATE.—The term ‘‘State’’ means each work performed at those stations on aircraft of the States, the District of Columbia, and in a total amount, for all beneficiaries of used by United States air carriers. the Commonwealth of Puerto Rico. that decedent, that shall not exceed the greater of the pecuniary loss sustained or a (2) DRUG AND ALCOHOL TESTING INFORMA- (4) STATE DOLLAR CONTRIBUTION TO THE AIR- sum total of $750,000 from all defendants for TION.—Included in the information the Ad- PORT AND AIRWAY TRUST FUND.—The term ministrator requests under paragraph (1) ‘‘State dollar contribution to the Airport all claims. Punitive damages are not recov- shall be information on the existence and ad- and Airway Trust Fund’’, with respect to a erable. ministration of employee drug and alcohol State and fiscal year, means the amount of ‘‘(2) INFLATION ADJUSTMENT.—The $750,000 testing programs in place at such stations, if funds equal to the amounts transferred to amount shall be adjusted, beginning in cal- applicable. the Airport and Airway Trust Fund under endar year 2000 by the increase, if any, in the (3) DESCRIPTION OF WORK DONE.—Included in section 9502 of the Internal Revenue Code of Consumer Price Index for all urban con- the information the Administrator requests 1986 that are equivalent to the taxes de- sumers for the prior year over the Consumer under paragraph (1) shall be information on scribed in section 9502(b) of the Internal Rev- Price Index for all urban consumers for the the amount and type of aircraft and aviation enue Code of 1986 that are collected in that calendar year 1998. component repair work performed at those State. ‘‘(3) NONPECUNIARY DAMAGES.—For pur- stations on aircraft registered in the United (b) REPORTING.— poses of this subsection, the term ‘nonpecu- States. (1) IN GENERAL.—As soon as practicable niary damages’ means damages for loss of (e) FAA TO REQUEST INFORMATION ABOUT after the date of enactment of this Act, and care, comfort, and companionship.’’. (b) EFFECTIVE DATE.—The amendment DOMESTIC AIRCRAFT REPAIR STATIONS.—If the annually thereafter, the Secretary of the made by subsection (a) applies to any death Administrator determines that information Treasury shall report to the Secretary the caused during commercial aviation occur- on the volume of the use of domestic aircraft amount equal to the amount of taxes col- ring after July 16, 1996. and aviation component repair stations is lected in each State during the preceding fis- needed in order to better utilize Federal cal year that were transferred to the Airport SEC. 432. FAA STUDY OF BREATHING HOODS. Aviation Administration resources, the Ad- and Airway Trust Fund. The Administrator shall study whether breathing hoods currently available for use ministrator may— (2) REPORT BY SECRETARY.—Not later than (1) require United States air carriers to 90 days after the date of enactment of this by flight crews when smoke is detected are submit the information described in sub- Act, and annually thereafter, the Secretary adequate and report the results of that study section (d) with respect to their use of con- shall prepare and submit to Congress a re- to the Congress within 120 days after the tract and noncontract aircraft and aviation port that provides, for each State, for the date of enactment of this Act. component repair facilities located in the preceding fiscal year— SEC. 433. FAA STUDY OF ALTERNATIVE POWER United States; and (A) the State dollar contribution to the SOURCES FOR FLIGHT DATA RE- (2) obtain information from such stations CORDERS AND COCKPIT VOICE RE- Airport and Airway Trust Fund; and CORDERS. about work performed for foreign air car- (B) the amount of funds (from funds made The Administrator of the Federal Aviation riers. available under section 48103 of title 49, Administration shall study the need for an (f) FAA TO MAKE INFORMATION AVAILABLE United States Code) that were made avail- alternative power source for on-board flight TO PUBLIC.—The Administrator shall make able to the State (including any political data recorders and cockpit voice recorders any information received under subsection subdivision thereof) under chapter 471 of and shall report the results of that study to (d) or (e) available to the public. title 49, United States Code. the Congress within 120 days after the date of (g) TERMINATION.—The panel established SEC. 429. TAOS PUEBLO AND BLUE LAKES WIL- enactment of this Act. If, within that time, under subsection (a) shall terminate on the DERNESS AREA DEMONSTRATION the Administrator determines, after con- earlier of— PROJECT. sultation with the National Transportation (1) the date that is 2 years after the date of Within 18 months after the date of enact- Safety Board that the Board is preparing enactment of this Act; or ment of this Act, the Administrator of the recommendations with respect to this sub- (2) December 31, 2000. Federal Aviation Administration shall work ject matter and will issue those rec- (h) ANNUAL REPORT TO CONGRESS.—The Ad- with the Taos Pueblo to study the feasibility ommendations within a reasonable period of ministrator shall report annually to the Con- of conducting a demonstration project to re- time, the Administrator shall report to the gress on the number and location of air agen- quire all aircraft that fly over Taos Pueblo Congress the Administrator’s comments on cy certificates that were revoked, suspended, and the Blue Lake Wilderness Area of Taos the Board’s recommendations rather than or not renewed during the preceding year. Pueblo, New Mexico, to maintain a manda- conducting a separate study. (i) DEFINITIONS.—Any term used in this tory minimum altitude of at least 5,000 feet SEC. 434. PASSENGER FACILITY FEE LETTERS OF section that is defined in subtitle VII of title above ground level. INTENT. 49, United States Code, has the meaning SEC. 430. AIRLINE MARKETING DISCLOSURE. The Secretary of Transportation may not given that term in that subtitle. (a) DEFINITIONS.—In this section: require an eligible agency (as defined in sec- SEC. 427. AIRCRAFT SITUATIONAL DISPLAY DATA. (1) AIR CARRIER.—The term ‘‘air carrier’’ tion 40117(a)(2) of title 49, United States (a) IN GENERAL.—A memorandum of agree- has the meaning given that term in section Code), to impose a passenger facility fee (as ment between the Administrator of the Fed- 40102 of title 49, United States Code. defined in section 40117(a)(4) of that title) in eral Aviation Administration and any person (2) AIR TRANSPORTATION.—The term ‘‘air order to obtain a letter of intent under sec- that directly obtains aircraft situational dis- transportation’’ has the meaning given that tion 47110 of that title. play data from the Administration shall re- term in section 40102 of title 49, United SEC. 435. ELIMINATION OF HAZMAT ENFORCE- quire that— States Code. MENT BACKLOG. (1) the person demonstrate to the satisfac- (b) FINAL REGULATIONS.—Not later than 90 (a) FINDINGS.—The Congress makes the fol- tion of the Administrator that such person is days after the date of enactment of this Act, lowing findings: capable of selectively blocking the display of the Secretary of Transportation shall pro- (1) The transportation of hazardous mate- any aircraft-situation-display-to-industry mulgate final regulations to provide for im- rials continues to present a serious aviation derived data related to any identified air- proved oral and written disclosure to each safety problem which poses a potential craft registration number; and consumer of air transportation concerning threat to health and safety, and can result in (2) the person agree to block selectively the corporate name of the air carrier that evacuations, emergency landings, fires, inju- the aircraft registration numbers of any air- provides the air transportation purchased by ries, and deaths. October 5, 1999 CONGRESSIONAL RECORD — SENATE S11971 (2) Although the Federal Aviation Admin- (3) by inserting ‘‘or computer reservations this chapter, the trustee, subject to the istration budget for hazardous materials in- system firm’’ after ‘‘carrier’’ in subsection court’s approval, agrees to perform all obli- spection increased $10,500,000 in fiscal year (d)(1)(B); and gations of the debtor under such security 1998, the General Accounting Office has re- (4) by striking ‘‘transportation.’’ in sub- agreement, lease, or conditional sale con- ported that the backlog of hazardous mate- section (e)(1) and insert ‘‘transportation or tract; and rials enforcement cases has increased from 6 to which a computer reservations system ‘‘(B) any default, other than a default of a to 18 months. firm is subject when providing services with kind described in section 365(b)(2), under (b) ELIMINATION OF HAZARDOUS MATERIALS respect to airline service.’’. such security agreement, lease, or condi- ENFORCEMENT BACKLOG.—The Administrator SEC. 438. PROHIBITIONS AGAINST SMOKING ON tional sale contract— of the Federal Aviation Administration SCHEDULED FLIGHTS. ‘‘(i) that occurs before the date of com- shall— (a) IN GENERAL.—Section 41706 is amended mencement of the case and is an event of de- (1) make the elimination of the backlog in to read as follows: fault therewith is cured before the expiration of such 60-day period; hazardous materials enforcement cases a pri- ‘‘§ 41706. Prohibitions against smoking on ‘‘(ii) that occurs or becomes an event of de- ority; scheduled flights (2) seek to eliminate the backlog within 6 fault after the date of commencement of the ‘‘(a) SMOKING PROHIBITION IN INTRASTATE months after the date of enactment of this case and before the expiration of such 60-day AND INTERSTATE AIR TRANSPORTATION.—An Act; and period is cured before the later of— individual may not smoke in an aircraft on (3) make every effort to ensure that inspec- ‘‘(I) the date that is 30 days after the date a scheduled airline flight segment in inter- tion and enforcement of hazardous materials of the default or event of the default; or state air transportation or intrastate air laws are carried out in a consistent manner ‘‘(II) the expiration of such 60-day period; transportation. among all geographic regions, and that ap- and ‘‘(b) SMOKING PROHIBITION IN FOREIGN AIR propriate fines and penalties are imposed in ‘‘(iii) that occurs on or after the expiration TRANSPORTATION.—The Secretary of Trans- a timely manner for violations. of such 60-day period is cured in accordance portation (referred to in this subsection as (c) INFORMATION REGARDING PROGRESS.— with the terms of such security agreement, the ‘Secretary’) shall require all air carriers The Administrator shall provide information lease, or conditional sale contract, if cure is and foreign air carriers to prohibit on and in oral or written form to the Committee on permitted under that agreement, lease, or after October 1, 1999, smoking in any aircraft Commerce, Science, and Transportation, on conditional sale contract. on a scheduled airline flight segment within a quarterly basis beginning 3 months after ‘‘(2) The equipment described in this the United States or between a place in the the date of enactment of this Act for a year, paragraph— United States and a place outside the United on plans to eliminate the backlog and en- ‘‘(A) is rolling stock equipment or acces- States. forcement activities undertaken to carry out sories used on rolling stock equipment, in- ‘‘(c) LIMITATION ON APPLICABILITY.— subsection (b). cluding superstructures or racks, that is sub- ‘‘(1) IN GENERAL.—If a foreign government ject to a security interest granted by, leased SEC. 436. FAA EVALUATION OF LONG-TERM CAP- objects to the application of subsection (b) to, or conditionally sold to a debtor; and ITAL LEASING. on the basis that subsection provides for an ‘‘(B) includes all records and documents re- Nothwithstanding any other provision of extraterritorial application of the laws of lating to such equipment that are required, law to the contrary, the Administrator of the United States, the Secretary may waive under the terms of the security agreement, the Federal Aviation Administration may es- the application of subsection (b) to a foreign lease, or conditional sale contract, that is to tablish a pilot program for fiscal years 2001 air carrier licensed by that foreign govern- be surrendered or returned by the debtor in through 2004 to test and evaluate the bene- ment at such time as an alternative prohibi- connection with the surrender or return of fits of long-term contracts for the leasing of tion negotiated under paragraph (2) becomes such equipment. aviation equipment and facilities. The Ad- effective and is enforced by the Secretary. ‘‘(3) Paragraph (1) applies to a secured ministrator shall establish criteria for the ‘‘(2) ALTERNATIVE PROHIBITION.—If, pursu- party, lessor, or conditional vendor acting in program. The Administrator may enter into ant to paragraph (1), a foreign government its own behalf or acting as trustee or other- no more than 10 leasing contracts under this objects to the prohibition under subsection wise in behalf of another party. section, each of which shall be for a period (b), the Secretary shall enter into bilateral ‘‘(b) The trustee and the secured party, les- greater than 5 years, under which the equip- negotiations with the objecting foreign gov- sor, or conditional vendor whose right to ment or facility operates. The contracts to ernment to provide for an alternative smok- take possession is protected under sub- be evaluated may include requirements re- ing prohibition. section (a) may agree, subject to the court’s lated to oceanic and air traffic control, air- ‘‘(d) REGULATIONS.—The Secretary shall approval, to extend the 60-day period speci- to-ground radio communications, and air prescribe such regulations as are necessary fied in subsection (a)(1). traffic control tower construction. to carry out this section.’’. ‘‘(c)(1) In any case under this chapter, the SEC. 437. DISCRIMINATORY PRACTICES BY COM- (b) EFFECTIVE DATE.—The amendment trustee shall immediately surrender and re- PUTER RESERVATIONS SYSTEM OUT- made by subsection (a) shall take effect on turn to a secured party, lessor, or condi- SIDE THE UNITED STATES. the date that is 60 days after the date of en- tional vendor, described in subsection (a)(1), (a) IN GENERAL.—Section 41310 is amended actment of this Act. equipment described in subsection (a)(2), if by adding at the end thereof the following: at any time after the date of commencement SEC. 439. DESIGNATING CURRENT AND FORMER of the case under this chapter such secured ‘‘(g) ACTIONS AGAINST DISCRIMINATORY AC- MILITARY AIRPORTS. TIVITY BY FOREIGN COMPUTER RESERVATION party, lessor, or conditional vendor is enti- Section 47118 is amended— tled pursuant to subsection (a)(1) to take SYSTEM.—The Secretary of Transportation (1) by striking ‘‘12.’’ in subsection (a) and may take any action the Secretary considers possession of such equipment and makes a inserting ‘‘15.’’; and written demand for such possession of the to be in the public interest to eliminate an (2) by striking ‘‘5-fiscal-year periods’’ in activity of a foreign air carrier that owns or trustee. subsection (d) and inserting ‘‘periods, each ‘‘(2) At such time as the trustee is required markets a computer reservations system, or not to exceed 5 fiscal years,’’. under paragraph (1) to surrender and return of a computer reservations system the prin- SEC. 440. ROLLING STOCK EQUIPMENT. equipment described in subsection (a)(2), any cipal offices of which are located outside the (a) IN GENERAL.—Section 1168 of title 11, lease of such equipment, and any security United States, when the Secretary, on the United States Code, is amended to read as agreement or conditional sale contract relat- Secretary’s own initiative or in response to a follows: ing to such equipment, if such security complaint, decides that the activity with re- ‘‘§ 1168. Rolling stock equipment agreement or conditional sale contract is an spect to airline service— executory contract, shall be deemed re- ‘‘(1) is an unjustifiable or unreasonable dis- ‘‘(a)(1) The right of a secured party with a jected. criminatory, predatory, or anticompetitive security interest in or of a lessor or condi- ‘‘(d) With respect to equipment first placed practice against a computer reservations tional vendor of equipment described in in service on or prior to October 22, 1994, for system the principal offices of which are lo- paragraph (2) to take possession of such purposes of this section— cated in the United States; or equipment in compliance with an equipment ‘‘(1) the term ‘lease’ includes any written ‘‘(2) imposes an unjustifiable or unreason- security agreement, lease, or conditional agreement with respect to which the lessor able restriction on access of a computer res- sale contract, and to enforce any of its other and the debtor, as lessee, have expressed in ervations system the principal offices of rights or remedies under such security agree- the agreement or in a substantially contem- which are located in the United States to a ment, lease, or conditional sale contract, to poraneous writing that the agreement is to foreign market.’’. sell, lease, or otherwise retain or dispose of be treated as a lease for Federal income tax (b) CONFORMING AMENDMENTS.—Section such equipment, is not limited or otherwise purposes; and 41310 is amended— affected by any other provision of this title ‘‘(2) the term ‘security interest’ means a (1) by striking ‘‘carrier’’ in the first sen- or by any power of the court, except that purchase-money equipment security inter- tence of subsection (d)(1) and inserting ‘‘car- right to take possession and enforce those est. rier, computer reservations system firm,’’; other rights and remedies shall be subject to ‘‘(e) With respect to equipment first placed (2) by striking ‘‘subsection (c)’’ in sub- section 362, if— in service after October 22, 1994, for purposes section (d)(1) and inserting ‘‘subsection (c) or ‘‘(A) before the date that is 60 days after of this section, the term ‘rolling stock equip- (g)’’; the date of commencement of a case under ment’ includes rolling stock equipment that S11972 CONGRESSIONAL RECORD — SENATE October 5, 1999 is substantially rebuilt and accessories used section (a) may agree, subject to the ap- SEC. 443. REPORT ON SPECIALTY METALS CON- on such equipment.’’. proval of the court, to extend the 60-day pe- SORTIUM. (b) AIRCRAFT EQUIPMENT AND VESSELS.— riod specified in subsection (a)(1). The Administrator of the Federal Aviation Section 1110 of title 11, United States Code, ‘‘(c)(1) In any case under this chapter, the Administration may work with a consortium is amended to read as follows: trustee shall immediately surrender and re- of domestic metal producers and aircraft en- gine manufacturers to improve the quality of ‘‘§ 1110. Aircraft equipment and vessels turn to a secured party, lessor, or condi- tional vendor, described in subsection (a)(1), turbine engine materials and to address ‘‘(a)(1) Except as provided in paragraph (2) equipment described in subsection (a)(3), if melting technology enhancements. The Ad- and subject to subsection (b), the right of a at any time after the date of the order for re- ministrator shall report to the Congress secured party with a security interest in lief under this chapter such secured party, within 6 months after entering into an agree- equipment described in paragraph (3), or of a lessor, or conditional vendor is entitled pur- ment with any such consortium of such pro- lessor or conditional vendor of such equip- suant to subsection (a)(1) to take possession ducers and manufacturers on the goals and ment, to take possession of such equipment of such equipment and makes a written de- efforts of the consortium. in compliance with a security agreement, mand for such possession to the trustee. SEC. 444. PAVEMENT CONDITION. lease, or conditional sale contract, and to en- ‘‘(2) At such time as the trustee is required The Administrator of the Federal Aviation force any of its other rights or remedies, under paragraph (1) to surrender and return Administration may conduct a study on the under such security agreement, lease, or con- equipment described in subsection (a)(3), any extent of alkali silica reactivity-induced ditional sale contract, to sell, lease, or oth- lease of such equipment, and any security pavement distress in concrete runways, erwise retain or dispose of such equipment, agreement or conditional sale contract relat- taxiways, and aprons for airports comprising is not limited or otherwise affected by any ing to such equipment, if such security the national air transportation system. If other provision of this title or by any power agreement or conditional sale contract is an the Administrator conducts such a study, it of the court. executory contract, shall be deemed re- shall include a determination based on in- ‘‘(2) The right to take possession and to en- jected. the-field inspections followed by force the other rights and remedies described ‘‘(d) With respect to equipment first placed petrographic analysis or other similar tech- in paragraph (1) shall be subject to section in service on or before October 22, 1994, for niques. 362 if— purposes of this section— SEC. 445. INHERENTLY LOW-EMISSION AIRPORT ‘‘(A) before the date that is 60 days after ‘‘(1) the term ‘lease’ includes any written VEHICLE PILOT PROGRAM. the date of the order for relief under this agreement with respect to which the lessor (a) IN GENERAL.—Subchapter I of chapter chapter, the trustee, subject to the approval and the debtor, as lessee, have expressed in 471 is further amended by adding at the end of the court, agrees to perform all obliga- the agreement or in a substantially contem- the following: tions of the debtor under such security poraneous writing that the agreement is to ‘‘§ 47137. Inherently low-emission airport ve- agreement, lease, or conditional sale con- be treated as a lease for Federal income tax hicle pilot program tract; and purposes; and ‘‘(a) IN GENERAL.—The Secretary of Trans- ‘‘(B) any default, other than a default of a ‘‘(2) the term ‘security interest’ means a portation shall carry out a pilot program at kind specified in section 365(b)(2), under such purchase-money equipment security inter- not more than 10 public-use airports under security agreement, lease, or conditional est.’’. which the sponsors of such airports may use sale contract— SEC. 441. MONROE REGIONAL AIRPORT LAND funds made available under section 48103 for ‘‘(i) that occurs before the date of the order CONVEYANCE. use at such airports to carry out inherently is cured before the expiration of such 60-day The Secretary of Transportation may low-emission vehicle activities. Notwith- period; waive all terms contained in the 1949 deed of standing any other provision of this sub- ‘‘(ii) that occurs after the date of the order conveyance under which the United States chapter, inherently low-emission vehicle ac- and before the expiration of such 60-day pe- conveyed certain property then constituting tivities shall for purposes of the pilot pro- riod is cured before the later of— Selman Field, Louisiana, to the City of Mon- gram be treated as eligible for assistance ‘‘(I) the date that is 30 days after the date roe, Louisiana, subject to the following con- under this subchapter. of the default; or ditions: ‘‘(b) LOCATION IN AIR QUALITY NONATTAIN- ‘‘(II) the expiration of such 60-day period; (1) The city agrees that in conveying any MENT AREAS.— and interest in such property the city will re- ‘‘(1) IN GENERAL.—A public-use airport ‘‘(iii) that occurs on or after the expiration ceive an amount for such interest that is shall be eligible for participation in the pilot of such 60-day period is cured in compliance equal to the fair market value for such inter- program only if the airport is located in an with the terms of such security agreement, est. air quality nonattainment area (as defined in lease, or conditional sale contract, if a cure (2) The amount received by the city for section 171(2) of the Clean Air Act (42 U.S.C. is permitted under that agreement, lease, or such conveyance shall be used by the city— 7501(d)). contract. (A) for the development, improvement, op- ‘‘(2) SHORTAGE OF CANDIDATES.—If the Sec- ‘‘(3) The equipment described in this eration, or maintenance of a public airport; retary receives an insufficient number of ap- paragraph— or plications from public-use airports located in ‘‘(A) is— (B) for the development or improvement of such areas, then the Secretary may consider ‘‘(i) an aircraft, aircraft engine, propeller, the city’s airport industrial park co-located applications from public-use airports that appliance, or spare part (as defined in section with the Monroe Regional Airport to the ex- are not located in such areas. 40102 of title 49) that is subject to a security tent that such development or improvement ‘‘(c) SELECTION CRITERIA.—In selecting interest granted by, leased to, or condi- will result in an increase, over time, in the from among applicants for participation in tionally sold to a debtor that, at the time amount the industrial park will pay to the the pilot program, the Secretary shall give such transaction is entered into, holds an air airport to an amount that is greater than priority consideration to applicants that will carrier operating certificate issued pursuant the amount the city received for such con- achieve the greatest air quality benefits measured by the amount of emissions re- to chapter 447 of title 49 for aircraft capable veyance. duced per dollar of funds expended under the of carrying 10 or more individuals or 6,000 SEC. 442. CINCINNATI-MUNICIPAL BLUE ASH AIR- pilot program. pounds or more of cargo; or PORT. ‘‘(d) UNITED STATES GOVERNMENT’S ‘‘(ii) a documented vessel (as defined in To maintain the efficient utilization of air- SHARE.—Notwithstanding any other provi- section 30101(1) of title 46) that is subject to ports in the high-growth Cincinnati local sion of this subchapter, the United States a security interest granted by, leased to, or airport system, and to ensure that the Cin- Government’s share of the costs of a project conditionally sold to a debtor that is a water cinnati-Municipal Blue Ash Airport con- carried out under the pilot program shall be carrier that, at the time such transaction is tinues to operate to relieve congestion at 50 percent. entered into, holds a certificate of public Cincinnati-Northern Kentucky International ‘‘(e) MAXIMUM AMOUNT.—Not more than convenience and necessity or permit issued Airport and to provide greater access to the $2,000,000 may be expended under the pilot by the Department of Transportation; and general aviation community beyond the ex- program at any single public-use airport. ‘‘(B) includes all records and documents re- piration of the City of Cincinnati’s grant ob- ‘‘(f) REPORT TO CONGRESS.—Not later than lating to such equipment that are required, ligations, the Secretary of Transportation 18 months after the date of the enactment of under the terms of the security agreement, may approve the sale of Cincinnati-Munic- the Air Transportation Improvement Act, lease, or conditional sale contract, to be sur- ipal Blue Ash Airport from the City of Cin- the Secretary shall transmit to the Com- rendered or returned by the debtor in con- cinnati to the City of Blue Ash upon a find- mittee on Transportation and Infrastructure nection with the surrender or return of such ing that the City of Blue Ash meets all appli- of the House of Representatives and the equipment. cable requirements for sponsorship and if the Committee on Commerce, Science, and ‘‘(4) Paragraph (1) applies to a secured City of Blue Ash agrees to continue to main- Transportation of the Senate a report party, lessor, or conditional vendor acting in tain and operate Blue Ash Airport, as gen- containing— its own behalf or acting as trustee or other- erally contemplated and described within ‘‘(1) an evaluation of the effectiveness of wise in behalf of another party. the Blue Ash Master Plan Update dated No- the pilot program; ‘‘(b) The trustee and the secured party, les- vember 30, 1998, for a period of 20 years from ‘‘(2) an identification of other public-use sor, or conditional vendor whose right to the date existing grant assurance obligations airports that expressed an interest in par- take possession is protected under sub- of the City of Cincinnati expire. ticipating in the pilot program; and October 5, 1999 CONGRESSIONAL RECORD — SENATE S11973 ‘‘(3) a description of the mechanisms used restriction that would otherwise apply to that are related to the size of the airport and by the Secretary to ensure that the informa- that land as a result of the conveyance of the size of the community immediately sur- tion and know-how gained by participants to that land by the United States to the insti- rounding the airport. the pilot program is transferred among the tution of higher education. (b) REPORT TRANSMITTED TO CONGRESS; participants and to other interested parties, (2) USE OF LANDS.—An institution of higher DEADLINE.—The Administrator shall trans- including other public-use airports. education that is issued a waiver under sub- mit a report containing the Administrator’s ‘‘(g) INHERENTLY LOW-EMISSION VEHICLE AC- section (a) may use revenues derived from findings and recommendations to the Avia- TIVITY DEFINED.—In this section, the term the use, operation, or disposal of that land tion Subcommittee of the Senate Committee ‘inherently low-emission vehicle activity’ only for weather-related and educational on Commerce, Science, and Transportation means— purposes that include benefits for aviation. and the Aviation Subcommittee of the House ‘‘(1) the construction of infrastructure or (d) GRANTS.— of Representatives Committee on Transpor- modifications at public-use airports to en- (1) IN GENERAL.—Notwithstanding any tation and Infrastructure within 6 months able the delivery of fuel and services nec- other provision of law, if an institution of after the date of enactment of this Act. essary for the use of vehicles that are cer- higher education that is subject to a waiver (c) COST/BENEFIT ANALYSIS OF PROPOSED tified as inherently low-emission vehicles under subsection (a) received financial as- CHANGES.—If the Administrator rec- under title 40 of the Code of Federal Regula- sistance in the form of a grant from the Fed- ommends, on the basis of a study conducted tions, that— eral Aviation Administration or a prede- under subsection (a), that part 139 of title 14, ‘‘(A) operate exclusively on compressed cessor agency before the date of enactment Code of Federal Regulations, should be re- natural gas, liquefied natural gas, liquefied of this Act, then the Secretary of Transpor- vised to meet current and future airport petroleum gas, electricity, hydrogen, or a tation may waive the repayment of the out- safety needs, the Administrator shall include blend at least 85 percent of which is meth- standing amount of any grant that the insti- a cost-benefit analysis of any recommended anol; tution of higher education would otherwise changes in the report. ‘‘(B) are labeled in accordance with section be required to pay. SEC. 452. FLIGHT TRAINING OF INTERNATIONAL 88.312–93(c) of such title; and (2) ELIGIBILITY TO RECEIVE SUBSEQUENT STUDENTS. ‘‘(C) are located or primarily used at pub- GRANTS.—Nothing in paragraph (1) shall af- The Federal Aviation Administration shall lic-use airports; fect the eligibility of an institution of higher implement a bilateral aviation safety agree- ‘‘(2) the construction of infrastructure or education that is subject to that paragraph ment for conversion of flight crew licenses modifications at public-use airports to en- from receiving grants from the Secretary of between the government of the United able the delivery of fuel and services nec- Transportation under chapter 471 of title 49, States and the Joint Aviation Authority essary for the use of non-road vehicles that— United States Code, or under any other pro- member governments. ‘‘(A) operate exclusively on compressed vision of law relating to financial assistance SEC. 453. GRANT PARISH, LOUISIANA. natural gas, liquefied natural gas, liquefied provided through the Federal Aviation Ad- IN GENERAL.—The United States may re- petroleum gas, electricity, hydrogen, or a ministration. lease, without monetary consideration, all blend at least 85 percent of which is meth- SEC. 447. AUTOMATED SURFACE OBSERVATION restrictions, conditions, and limitations on anol; SYSTEM/AUTOMATED WEATHER OB- the use, encumbrance, or conveyance of cer- ‘‘(B) meet or exceed the standards set forth SERVING SYSTEM UPGRADE. tain land located in Grant Parish, Louisiana, in section 86.1708–99 of title 40 of the Code of Section 48101 is further amended by adding identified as Tracts B, C, and D on the map Federal Regulations, or the standards set at the end the following: entitled ‘‘Plat of Restricted Properties/ forth in section 89.112(a) of such title, and ‘‘(f) AUTOMATED SURFACE OBSERVATION Former Pollock Army Airfield, Pollock, are in compliance with the requirements of SYSTEM/AUTOMATED WEATHER OBSERVING Louisiana’’, dated August 1, 1996, to the ex- SYSTEM UPGRADE.—Of the amounts appro- section 89.112(b) of such title; and tent such restrictions, conditions, and limi- priated under subsection (a) for fiscal years ‘‘(C) are located or primarily used at pub- tations are enforceable by the United States, beginning after September 30, 2000, such lic-use airports; but the United States shall retain the right sums as may be necessary for the implemen- ‘‘(3) the payment of that portion of the of access to, and use of, that land for na- tation and use of upgrades to the current cost of acquiring such vehicles that exceeds tional defense purposes in time of war or na- automated surface observation system/auto- the cost of acquiring other vehicles or en- tional emergency. mated weather observing system, if the up- gines that would be used for the same pur- (b) MINERAL RIGHTS.—Nothing in sub- grade is successfully demonstrated.’’. pose; or section (a) affects the ownership or disposi- ‘‘(4) the acquisition of technological cap- SEC. 448. TERMINAL AUTOMATED RADAR DIS- tion of oil, gas, or other mineral resources PLAY AND INFORMATION SYSTEM. associated with land described in subsection ital equipment to enable the delivery of fuel The Administrator of the Federal Aviation (a). and services necessary for the use of vehicles Administration is authorized to develop a described in paragraph (1).’’. national policy and related procedures con- TITLE V—AVIATION COMPETITION (b) CONFORMING AMENDMENT.—The analysis cerning the Terminal Automated Radar Dis- PROMOTION for subchapter I of chapter 471 is further play and Information System and sequencing SEC. 501. PURPOSE. amended by adding at the end the following: for Visual Flight Rule air traffic control The purpose of this title is to facilitate, ‘‘47137. Inherently low-emission airport vehi- towers. through a 4-year pilot program, incentives cle pilot program.’’. SEC. 449. COST/BENEFIT ANALYSIS FOR RET- and projects that will help up to 40 commu- SEC. 446. CONVEYANCE OF AIRPORT PROPERTY ROFIT OF 16G SEATS. nities or consortia of communities to im- TO AN INSTITUTION OF HIGHER Before the Administrator of the Federal prove their access to the essential airport fa- EDUCATION IN OKLAHOMA. Aviation Administration issues a final rule cilities of the national air transportation (a) IN GENERAL.—Notwithstanding any requiring the air carriers to retrofit existing system through public-private partnerships other provision of law, including the Surplus aircraft with 16G seats, the Administrator and to identify and establish ways to over- Property Act of 1944 (58 Stat. 765, chapter shall conduct, in consultation with the In- come the unique policy, economic, geo- 479; 50 U.S.C. App. 1622 et seq.), the Secretary spector General of the Department of Trans- graphic, and marketplace factors that may of Transportation (or the appropriate Fed- portation, a comprehensive analysis of the inhibit the availability of quality, affordable eral officer) may waive, without charge, any costs and benefits that would be associated air service to small communities. of the terms contained in any deed of con- with the issuance of such a final rule. SEC. 502. ESTABLISHMENT OF SMALL COMMU- veyance described in subsection (b) that re- SEC. 450. RALEIGH COUNTY, WEST VIRGINIA, ME- NITY AVIATION DEVELOPMENT PRO- strict the use of any land described in such MORIAL AIRPORT. GRAM. a deed that, as of the date of enactment of The Secretary of Transportation may Section 102 is amended by adding at the this Act, is not being used for the operation grant a release from any term or condition end thereof the following: of an airport or for air traffic. A waiver made in a grant agreement for the development or ‘‘(g) SMALL COMMUNITY AIR SERVICE DEVEL- under the preceding sentence shall be improvement of the Raleigh County Memo- OPMENT PROGRAM.— deemed to be consistent with the require- rial Airport, West Virginia, if the Secretary ‘‘(1) ESTABLISHMENT.—The Secretary shall ments of section 47153 of title 49, United determines that the property to be establish a 4-year pilot aviation development States Code. released— program to be administered by a program di- (b) DEED OF CONVEYANCE.—A deed of con- (1) does not exceed 400 acres; and rector designated by the Secretary. veyance referred to in subsection (a) is a (2) is not needed for airport purposes. ‘‘(2) FUNCTIONS.—The program director deed of conveyance issued by the United SEC. 451. AIRPORT SAFETY NEEDS. shall— States before the date of enactment of this (a) IN GENERAL.—The Administrator shall ‘‘(A) function as a facilitator between Act for the conveyance of lands to a public conduct a study reviewing current and fu- small communities and air carriers; institution of higher education in Oklahoma. ture airport safety needs that— ‘‘(B) carry out section 41743 of this title; (c) USE OF LANDS SUBJECT TO WAIVER.— (1) focuses specifically on the mission of ‘‘(C) carry out the airline service restora- (1) IN GENERAL.—Notwithstanding any rescue personnel, rescue operations response tion program under sections 41744, 41745, and other provision of law, the lands subject to a time, and extinguishing equipment; and 41746 of this title; waiver under subsection (a) shall not be sub- (2) gives particular consideration to the ‘‘(D) ensure that the Bureau of Transpor- ject to any term, condition, reservation, or need for different requirements for airports tation Statistics collects data on passenger S11974 CONGRESSIONAL RECORD — SENATE October 5, 1999 information to assess the service needs of munities and air carriers, taking into ac- the program director may facilitate service small communities; count their proposals and needs, to facilitate by— ‘‘(E) work with and coordinate efforts with the initiation of service. The program ‘‘(1) working with airports and air carriers other Federal, State, and local agencies to director— to ensure that appropriate facilities are increase the viability of service to small ‘‘(1) may work with communities to de- made available at essential airports; communities and the creation of aviation de- velop innovative means and incentives for ‘‘(2) collecting data on air carrier service velopment zones; and the initiation of service; to small communities; and ‘‘(F) provide policy recommendations to ‘‘(2) may obligate funds authorized under ‘‘(3) providing policy recommendations to the Secretary and the Congress that will en- section 504 of the Air Transportation Im- the Secretary to stimulate air service and sure that small communities have access to provement Act to carry out this section; competition to small communities. quality, affordable air transportation serv- ‘‘(3) shall continue to work with both the ‘‘(d) ADDITIONAL ACTION.—Under the pilot ices. carriers and the communities to develop a program established pursuant to subsection ‘‘(3) REPORTS.—The program director shall combination of community incentives and (a), the Secretary shall work with air car- provide an annual report to the Secretary carrier service levels that— riers providing service to participating com- and the Congress beginning in 2000 that— ‘‘(A) are acceptable to communities and munities and major air carriers serving large ‘‘(A) analyzes the availability of air trans- carriers; and hub airports (as defined in section 41731(a)(3)) portation services in small communities, in- ‘‘(B) do not conflict with other Federal or to facilitate joint fare arrangements con- cluding, but not limited to, an assessment of State programs to facilitate air transpor- sistent with normal industry practice. the air fares charged for air transportation tation to the communities; services in small communities compared to ‘‘(4) designate an airport in the program as ‘‘§ 41745. Assistance to communities for serv- air fares charged for air transportation serv- an Air Service Development Zone and work ice ices in larger metropolitan areas and an as- with the community on means to attract ‘‘(a) IN GENERAL.—Financial assistance sessment of the levels of service, measured business to the area surrounding the airport, provided under section 41743 during any fis- by types of aircraft used, the availability of to develop land use options for the area, and cal year as part of the pilot program estab- seats, and scheduling of flights, provided to provide data, working with the Department lished under section 41744(a) shall be imple- small communities; of Commerce and other agencies; mented for not more than— ‘‘(B) identifies the policy, economic, geo- ‘‘(5) take such other action under this ‘‘(1) 4 communities within any State at graphic and marketplace factors that inhibit chapter as may be appropriate. any given time; and the availability of quality, affordable air ‘‘(e) LIMITATIONS.— ‘‘(2) 40 communities in the entire program transportation services to small commu- ‘‘(1) COMMUNITY SUPPORT.—The program di- at any time. nities; and rector may not provide financial assistance For purposes of this subsection, a consor- ‘‘(C) provides policy recommendations to under subsection (c)(2) to any community tium of communities shall be treated as a address the policy, economic, geographic, unless the program director determines single community. and marketplace factors inhibiting the avail- that— ability of quality, affordable air transpor- ‘‘(A) a public-private partnership exists at ‘‘(b) ELIGIBILITY.—In order to participate tation services to small communities.’’. the community level to carry out the com- in a pilot project under this subchapter, a SEC. 503. COMMUNITY-CARRIER AIR SERVICE munity’s proposal; State, community, or group of communities PROGRAM. ‘‘(B) the community will make a substan- shall apply to the Secretary in such form (a) IN GENERAL.—Subchapter II of chapter tial financial contribution that is appro- and at such time, and shall supply such in- 417 is amended by adding at the end thereof priate for that community’s resources, but of formation, as the Secretary may require, and the following: not less than 25 percent of the cost of the shall demonstrate to the satisfaction of the Secretary that— ‘‘§ 41743. Air service program for small com- project in any event; ‘‘(1) the applicant has an identifiable need munities ‘‘(C) the community has established an open process for soliciting air service pro- for access, or improved access, to the na- ‘‘(a) COMMUNITIES PROGRAM.—Under advi- posals; and tional air transportation system that would sory guidelines prescribed by the Secretary ‘‘(D) the community will accord similar benefit the public; of Transportation, a small community or a benefits to air carriers that are similarly sit- ‘‘(2) the pilot project will provide material consortia of small communities or a State uated. benefits to a broad section of the travelling may develop an assessment of its air service ‘‘(2) AMOUNT.—The program director may public, businesses, educational institutions, requirements, in such form as the program not obligate more than $80,000,000 of the and other enterprises whose access to the na- director designated by the Secretary under amounts authorized under 504 of the Air tional air transportation system is limited; section 102(g) may require, and submit the Transportation Improvement Act over the 4 ‘‘(3) the pilot project will not impede com- assessment and service proposal to the pro- years of the program. petition; and gram director. ‘‘(3) NUMBER OF PARTICIPANTS.—The pro- ‘‘(4) the applicant has established, or will ‘‘(b) SELECTION OF PARTICIPANTS.—In se- establish, public-private partnerships in con- lecting community programs for participa- gram established under subsection (a) shall not involve more than 40 communities or nection with the pilot project to facilitate tion in the communities program under sub- service to the public. section (a), the program director shall apply consortia of communities. ‘‘(f) REPORT.—The program director shall criteria, including geographical diversity ‘‘(c) COORDINATION WITH OTHER PROVISIONS report through the Secretary to the Congress and the presentation of unique cir- OF SUBCHAPTER.—The Secretary shall carry annually on the progress made under this cumstances, that will demonstrate the feasi- out the 4-year pilot program authorized by section during the preceding year in expand- bility of the program. For purposes of this this subchapter in such a manner as to com- ing commercial aviation service to smaller subsection, the application of geographical plement action taken under the other provi- communities. diversity criteria means criteria that— sions of this subchapter. To the extent the ‘‘(1) will promote the development of a na- ‘‘§ 41744. Pilot program project authority Secretary determines to be appropriate, the tional air transportation system; and ‘‘(a) IN GENERAL.—The program director Secretary may adopt criteria for implemen- ‘‘(2) will involve the participation of com- designated by the Secretary of Transpor- tation of the 4-year pilot program that are munities in all regions of the country. tation under section 102(g)(1) shall establish the same as, or similar to, the criteria devel- ‘‘(c) CARRIERS PROGRAM.—The program di- a 4-year pilot program— oped under the preceding sections of this rector shall invite part 121 air carriers and ‘‘(1) to assist communities and States with subchapter for determining which airports regional/commuter carriers (as such terms inadequate access to the national transpor- are eligible under those sections. The Sec- are defined in section 41715(d) of this title) to tation system to improve their access to retary shall also, to the extent possible, pro- offer service proposals in response to, or in that system; and vide incentives where no direct, viable, and conjunction with, community aircraft serv- ‘‘(2) to facilitate better air service link-ups feasible alternative service exists, taking ice assessments submitted to the office to support the improved access. into account geographical diversity and ap- under subsection (a). A service proposal ‘‘(b) PROJECT AUTHORITY.—Under the pilot propriate market definitions. under this paragraph shall include— program established pursuant to subsection ‘‘(d) MAXIMIZATION OF PARTICIPATION.—The ‘‘(1) an assessment of potential daily pas- (a), the program director may— Secretary shall structure the program estab- senger traffic, revenues, and costs necessary ‘‘(1) out of amounts authorized under sec- lished pursuant to section 41744(a) in a way for the carrier to offer the service; tion 504 of the Air Transportation Improve- designed to— ‘‘(2) a forecast of the minimum percentage ment Act, provide financial assistance by ‘‘(1) permit the participation of the max- of that traffic the carrier would require the way of grants to small communities or con- imum feasible number of communities and community to garner in order for the carrier sortia of small communities under section States over a 4-year period by limiting the to start up and maintain the service; and 41743 of up to $500,000 per year; and number of years of participation or other- ‘‘(3) the costs and benefits of providing jet ‘‘(2) take such other action as may be ap- wise; and service by regional or other jet aircraft. propriate. ‘‘(2) obtain the greatest possible leverage ‘‘(d) PROGRAM SUPPORT FUNCTION.—The ‘‘(c) OTHER ACTION.—Under the pilot pro- from the financial resources available to the program director shall work with small com- gram established pursuant to subsection (a), Secretary and the applicant by— October 5, 1999 CONGRESSIONAL RECORD — SENATE S11975

‘‘(A) progressively decreasing, on a project- riers that may inhibit the availability of ‘‘(1) IN GENERAL.—In granting slot exemp- by-project basis, any Federal financial incen- quality, affordable air transportation serv- tions under this section the Secretary shall tives provided under this chapter over the 4- ices to small- and medium-sized commu- give priority consideration to an application year period; and nities, including— from an air carrier that, as of July 1, 1998, ‘‘(B) terminating as early as feasible Fed- ‘‘(1) marketing arrangements between air- operated or held fewer than 20 slots or slot eral financial incentives for any project de- lines and travel agents; exemptions at the high density airport for termined by the Secretary after its imple- ‘‘(2) code-sharing partnerships; which it filed an exemption application. mentation to be— ‘‘(3) computer reservation system displays; ‘‘(2) LIMITATION.—No priority may be given ‘‘(i) viable without further support under ‘‘(4) gate arrangements at airports; under paragraph (1) to an air carrier that, at this subchapter; or ‘‘(5) exclusive dealing arrangements; and the time of application, operates or holds 20 ‘‘(ii) failing to meet the purposes of this ‘‘(6) any other marketing practice that or more slots and slot exemptions at the air- chapter or criteria established by the Sec- may have the same effect. port for which the exemption application is retary under the pilot program. ‘‘(c) REGULATIONS.—If the Secretary finds, filed. ‘‘(e) SUCCESS BONUS.—If Federal financial after conducting the review required by sub- ‘‘(3) AFFILIATED CARRIERS.—The Secretary incentives to a community are terminated section (b), that marketing practices inhibit shall treat all commuter air carriers that under subsection (d)(2)(B) because of the suc- the availability of such service to such com- have cooperative agreements, including cess of the program in that community, then munities, then, after public notice and an op- code-share agreements, with other air car- that community may receive a one-time in- portunity for comment, the Secretary may riers equally for determining eligibility for centive grant to ensure the continued suc- promulgate regulations that address the exemptions under this section regardless of cess of that program. problem, or take other appropriate action. the form of the corporate relationship be- ‘‘(f) PROGRAM TO TERMINATE IN 4 YEARS.— Nothing in this section expands the author- tween the commuter air carrier and the No new financial assistance may be provided ity or jurisdiction of the Secretary to pro- other air carrier. under this subchapter for any fiscal year be- mulgate regulations under the Federal Avia- ‘‘(g) STAGE 3 AIRCRAFT REQUIRED.—An ex- ginning more than 4 years after the date of tion Act or under any other Act.’’. emption may not be granted under this sec- enactment of the Air Transportation Im- SEC. 506. SLOT EXEMPTIONS FOR NONSTOP RE- tion with respect to any aircraft that is not provement Act. GIONAL JET SERVICE. a Stage 3 aircraft (as defined by the Sec- ‘‘§ 41746. Additional authority (a) IN GENERAL.—Subchapter I of chapter retary). ‘‘(h) REGIONAL JET DEFINED.—In this sec- ‘‘In carrying out this chapter, the 417, as amended by section 310, is amended by tion, the term ‘regional jet’ means a pas- Secretary— adding at the end thereof the following: senger, turbofan-powered aircraft carrying ‘‘(1) may provide assistance to States and ‘‘§ 41718. Slot exemptions for nonstop re- not fewer than 30 and not more than 50 pas- communities in the design and application gional jet service sengers.’’. phase of any project under this chapter, and ‘‘(a) IN GENERAL.—Within 90 days after re- (b) CONFORMING AMENDMENTS.— oversee the implementation of any such ceiving an application for an exemption to (1) Section 40102 is amended by inserting project; provide nonstop regional jet air service after paragraph (28) the following: ‘‘(2) may assist States and communities in between— ‘‘(28A) LIMITED INCUMBENT AIR CARRIER.— putting together projects under this chapter ‘‘(1) an airport with fewer than 2,000,000 an- The term ‘limited incumbent air carrier’ has to utilize private sector resources, other nual enplanements; and the meaning given that term in subpart S of Federal resources, or a combination of public ‘‘(2) a high density airport subject to the part 93 of title 14, Code of Federal Regula- and private resources; exemption authority under section 41714(a), tions, except that ‘20’ shall be substituted for ‘‘(3) may accord priority to service by jet the Secretary of Transportation shall grant ‘12’ in sections 93.213(a)(5), 93.223(c)(3), and aircraft; or deny the exemption in accordance with es- 93.225(h) as such sections were in effect on ‘‘(4) take such action as may be necessary tablished principles of safety and the pro- August 1, 1998.’’. to ensure that financial resources, facilities, motion of competition. (2) The chapter analysis for subchapter I of ‘‘(b) EXISTING SLOTS TAKEN INTO AC- and administrative arrangements made chapter 417 is amended by adding at the end COUNT.—In deciding to grant or deny an ex- under this chapter are used to carry out the thereof the following: purposes of title V of the Air Transportation emption under subsection (a), the Secretary Improvement Act; and may take into consideration the slots and ‘‘41718. Slot exemptions for nonstop regional ‘‘(5) shall work with the Federal Aviation slot exemptions already used by the appli- jet service.’’. Administration on airport and air traffic cant. SEC. 507. EXEMPTIONS TO PERIMETER RULE AT control needs of communities in the pro- ‘‘(c) CONDITIONS.—The Secretary may grant RONALD REAGAN WASHINGTON NA- TIONAL AIRPORT. gram.’’. an exemption to an air carrier under sub- (a) IN GENERAL.—Subchapter I of chapter (b) CONFORMING AMENDMENT.—The chapter section (a)— 417, as amended by section 506, is amended by analysis for subchapter II of chapter 417 is ‘‘(1) for a period of not less than 12 months; adding at the end thereof the following: amended by inserting after the item relating ‘‘(2) for a minimum of 2 daily roundtrip to section 41742 the following: flights; and ‘‘§ 41719. Special Rules for Ronald Reagan Washington National Airport ‘‘41743. Air service program for small com- ‘‘(3) for a maximum of 3 daily roundtrip munities. flights. ‘‘(a) BEYOND-PERIMETER EXEMPTIONS.—The ‘‘41744. Pilot program project authority. ‘‘(d) CHANGE OF NONHUB, SMALL HUB, OR Secretary shall by order grant exemptions ‘‘41745. Assistance to communities for serv- MEDIUM HUB AIRPORT; JET AIRCRAFT.—The from the application of sections 49104(a)(5), ice. Secretary may, upon application made by an 49109, 49111(e), and 41714 of this title to air ‘‘41746. Additional authority.’’. air carrier operating under an exemption carriers to operate limited frequencies and (c) WAIVER OF LOCAL CONTRIBUTION.—Sec- granted under subsection (a)— aircraft on select routes between Ronald tion 41736(b) is amended by inserting after ‘‘(1) authorize the air carrier or an affili- Reagan Washington National Airport and do- paragraph (4) the following: ated air carrier to upgrade service under the mestic hub airports of such carriers and ex- exemption to a larger jet aircraft; or emptions from the requirements of subparts ‘‘Paragraph (4) does not apply to any com- ‘‘(2) authorize an air carrier operating K and S of part 93, Code of Federal Regula- munity approved for service under this sec- under such an exemption to change the tions, if the Secretary finds that the exemp- tion during the period beginning October 1, nonhub airport or small hub airport for tions will— 1991, and ending December 31, 1997.’’. which the exemption was granted to provide ‘‘(1) provide air transportation service with SEC. 504. AUTHORIZATION OF APPROPRIATIONS. the same service to a different airport that is domestic network benefits in areas beyond There are authorized to be appropriated to smaller than a large hub airport (as defined the perimeter described in that section; the Secretary of Transportation $80,000,000 to in section 47134(d)(2)) if— ‘‘(2) increase competition by new entrant carry out sections 41743 through 41746 of title ‘‘(A) the air carrier has been operating air carriers or in multiple markets; 49, United States Code, for the 4 fiscal-year under the exemption for a period of not less ‘‘(3) not reduce travel options for commu- period beginning with fiscal year 2000. than 12 months; and nities served by small hub airports and me- SEC. 505. MARKETING PRACTICES. ‘‘(B) the air carrier can demonstrate dium hub airports within the perimeter de- Section 41712 is amended— unmitigatable losses. scribed in section 49109 of title 49, United (1) by inserting ‘‘(a) IN GENERAL.—’’ before ‘‘(e) FOREFEITURE FOR MISUSE.—Any ex- States Code; and ‘‘On’’; and emption granted under subsection (a) shall ‘‘(4) not result in meaningfully increased (2) by adding at the end thereof the fol- be terminated immediately by the Secretary travel delays. lowing: if the air carrier to which it was granted ‘‘(b) WITHIN-PERIMETER EXEMPTIONS.—The ‘‘(b) MARKETING PRACTICES THAT AD- uses the slot for any purpose other than the Secretary shall by order grant exemptions VERSELY AFFECT SERVICE TO SMALL OR ME- purpose for which it was granted or in viola- from the requirements of sections 49104(a)(5), DIUM COMMUNITIES.—Within 180 days after tion of the conditions under which it was 49111(e), and 41714 of this title and subparts K the date of enactment of the Air Transpor- granted. and S of part 93 of title 14, Code of Federal tation Improvement Act, the Secretary shall ‘‘(f) PRIORITY TO NEW ENTRANTS AND LIM- Regulations, to commuter air carriers for review the marketing practices of air car- ITED INCUMBENT CARRIERS.— service to airports with fewer than 2,000,000 S11976 CONGRESSIONAL RECORD — SENATE October 5, 1999 annual enplanements within the perimeter (A) the Authority will make available for tion with respect to any aircraft that is not established for civil aircraft operations at that fiscal year funds for noise compatibility a Stage 3 aircraft (as defined by the Sec- Ronald Reagan Washington National Airport planning and programs that are eligible to retary). under section 49109. The Secretary shall de- receive funding under chapter 471 of title 49, ‘‘(2) SERVICE PROVIDED.—Of the exemptions velop criteria for distributing slot exemp- United States Code, in an amount not less granted under subsection (a)— tions for flights within the perimeter to such than 10 percent of the aggregate annual ‘‘(A) 18 shall be used only for service to un- airports under this paragraph in a manner amount of financial assistance provided to derserved markets, of which no fewer than 6 consistent with the promotion of air trans- the Authority by the Secretary as grants shall be designated as commuter slot exemp- portation. under chapter 471 of title 49, United States tions; and ‘‘(c) LIMITATIONS.— Code; and ‘‘(B) 12 shall be air carrier slot exemptions. ‘‘(1) STAGE 3 AIRCRAFT REQUIRED.—An ex- (B) the Authority will not divert funds ‘‘(c) PROCEDURAL REQUIREMENTS.—Before emption may not be granted under this sec- from a high priority safety project in order granting exemptions under subsection (a), tion with respect to any aircraft that is not to make funds available for noise compat- the Secretary shall— a Stage 3 aircraft (as defined by the Sec- ibility planning and programs. ‘‘(1) conduct an environmental review, tak- retary). (2) WAIVER.—The Secretary of Transpor- ing noise into account, and determine that ‘‘(2) GENERAL EXEMPTIONS.—The exemp- tation may waive the requirements of para- the granting of the exemptions will not tions granted under subsections (a) and (b) graph (1) for any fiscal year for which the cause a significant increase in noise; may not increase the number of operations Secretary determines that the Metropolitan ‘‘(2) determine whether capacity is avail- at Ronald Reagan Washington National Air- Washington Airports Authority is in full able and can be used safely and, if the Sec- port in any 1-hour period during the hours compliance with applicable airport noise retary so determines then so certify; between 7:00 a.m. and 9:59 p.m. by more than compatibility planning and program require- ‘‘(3) give 30 days notice to the public 3 operations.’’. ments under part 150 of title 14, Code of Fed- through publication in the Federal Register ‘‘(3) ADDITIONAL EXEMPTIONS.—The Sec- eral Regulations. of the Secretary’s intent to grant the exemp- retary shall grant exemptions under sub- (3) SUNSET.—This subsection shall cease to tions; and sections (a) and (b) that— be in effect 5 years after the date of enact- ‘‘(4) consult with appropriate officers of ‘‘(A) will result in 24 additional daily air ment of this Act, if on that date the Sec- the State and local government on any re- carrier slot exemptions at such airport for retary of Transportation certifies that the lated noise and environmental issues. long-haul service beyond the perimeter; Metropolitan Washington Airports Author- ‘‘(d) UNDERSERVED MARKET DEFINED.—In ‘‘(B) will result in 12 additional daily com- ity has achieved full compliance with appli- this section, the term ‘service to underserved muter slot exemptions at such airport; and cable noise compatibility planning and pro- markets’ means passenger air transportation ‘‘(C) will not result in additional daily gram requirements under part 150 of title 14, service to an airport that is a nonhub airport commuter slot exemptions for service to any Code of Federal Regulations. or a small hub airport (as defined in para- within-the-perimeter airport that has (d) NOISE COMPATIBILITY PLANNING AND graphs (4) and (5), respectively, of section 2,000,000 or fewer annual enplanements. PROGRAMS.—Section 47117(e) is amended by 41731(a)).’’. ‘‘(4) ASSESSMENT OF SAFETY, NOISE AND EN- adding at the end the following: (b) STUDIES.— VIRONMENTAL IMPACTS.—The Secretary shall ‘‘(3) The Secretary shall give priority in (1) 3-YEAR REPORT.—The Secretary shall assess the impact of granting exemptions, in- making grants under paragraph (1)(A) to ap- study and submit a report 3 years after the cluding the impacts of the additional slots plications for airport noise compatibility first exemption granted under section and flights at Ronald Reagan Washington planning and programs at and around air- 41720(a) of title 49, United States Code, is National Airport provided under subsections ports where operations increase under title V first used on the impact of the additional (a) and (b) on safety, noise levels and the en- of the Air Transportation Improvement Act slots on the safety, environment, noise, ac- vironment within 90 days of the date of the and the amendments made by that title.’’. cess to underserved markets, and competi- enactment of this Act. The environmental (e) CONFORMING AMENDMENTS.— tion at Chicago O’Hare International Air- assessment shall be carried out in accord- (1) Section 49111 is amended by striking port. ance with parts 1500–1508 of title 40, Code of subsection (e). (2) DOT STUDY IN 2000.—The Secretary of Federal Regulations. Such environmental as- (2) The chapter analysis for subchapter I of Transportation shall study community noise sessment shall include a public meeting. chapter 417, as amended by section 506(b) of levels in the areas surrounding the 4 high- ‘‘(5) APPLICABILITY WITH EXEMPTION 5133.— this Act, is amended by adding at the end density airports after the 100 percent Stage 3 Nothing in this section affects Exemption thereof the following: fleet requirements are in place, and compare No. 5133, as from time-to-time amended and ‘‘41719. Special Rules for Ronald Reagan those levels with the levels in such areas be- extended. Washington National Airport.’’. fore 1991. ‘‘(d) ADDITIONAL WITHIN-PERIMETER SLOT (f) REPORT.—Within 1 year after the date of (c) CONFORMING AMENDMENT.—The chapter EXEMPTIONS AT RONALD REAGAN WASHINGTON enactment of this Act, and biannually there- analysis for subchapter I of chapter 417, as NATIONAL AIRPORT.—The Secretary shall by after, the Secretary shall certify to the amended by section 507(b) of this Act, is order grant 12 slot exemptions from the re- United States Senate Committee on Com- amended by adding at the end thereof the quirements of sections 49104(a)(5), 49111(e), merce, Science, and Transportation, the following: and 41714 of this title and subparts K and S United States House of Representatives ‘‘41720. Special Rules for Chicago O’Hare of part 93 of title 14, Code of Federal Regula- International Airport.’’. tions, to air carriers for flights to airports Committee on Transportation and Infra- within the perimeter established for civil structure, the Governments of Maryland, SEC. 509. CONSUMER NOTIFICATION OF E-TICKET aircraft operations at Ronald Reagan Wash- Virginia, and West Virginia and the metro- EXPIRATION DATES. ington National Airport under section 49109. politan planning organization for Wash- Section 41712, as amended by section 505 of The Secretary shall develop criteria for dis- ington, D.C., that noise standards, air traffic this Act, is amended by adding at the end tributing slot exemptions for flights within congestion, airport-related vehicular conges- thereof the following: the perimeter to such airports under this tion, safety standards, and adequate air serv- ‘‘(d) E-TICKET EXPIRATION NOTICE.—It shall subsection in a manner consistent with the ice to communities served by small hub air- be an unfair or deceptive practice under sub- promotion of air transportation.’’. ports and medium hub airports within the section (a) for any air carrier utilizing elec- (b) OVERRIDE OF MWAA RESTRICTION.—Sec- perimeter described in section 49109 of title tronically transmitted tickets to fail to no- tion 49104(a)(5) is amended by adding at the 49, United States Code, have been main- tify the purchaser of such a ticket of its ex- end thereof the following: tained at appropriate levels. piration date, if any.’’. ‘‘(D) Subparagraph (C) does not apply to SEC. 508. ADDITIONAL SLOT EXEMPTIONS AT CHI- SEC. 510. REGIONAL AIR SERVICE INCENTIVE OP- any increase in the number of instrument CAGO O’HARE INTERNATIONAL AIR- TIONS. flight rule takeoffs and landings necessary to PORT. (a) PURPOSE.—The purpose of this section implement exemptions granted by the Sec- (a) IN GENERAL.—Subchapter I of chapter is to provide the Congress with an analysis retary under section 41719.’’. 417, as amended by section 507, is amended by of means to improve service by jet aircraft (c) MWAA NOISE-RELATED GRANT ASSUR- adding at the end thereof the following: to underserved markets by authorizing a re- ANCES.— ‘‘§ 41720. Special Rules for Chicago O’Hare view of different programs of Federal finan- (1) IN GENERAL.—In addition to any condi- International Airport cial assistance, including loan guarantees tion for approval of an airport development ‘‘(a) IN GENERAL.—The Secretary of Trans- like those that would have been provided for project that is the subject of a grant applica- portation shall grant 30 slot exemptions over by section 2 of S. 1353, 105th Congress, as in- tion submitted to the Secretary of Transpor- a 3-year period beginning on the date of en- troduced, to commuter air carriers that tation under chapter 471 of title 49, United actment of the Air Transportation Improve- would purchase regional jet aircraft for use States Code, by the Metropolitan Wash- ment Act at Chicago O’Hare International in serving those markets. ington Airports Authority, the Authority Airport. (b) STUDY.—The Secretary of Transpor- shall be required to submit a written assur- ‘‘(b) EQUIPMENT AND SERVICE REQUIRE- tation shall study the efficacy of a program ance that, for each such grant made to the MENTS.— of Federal loan guarantees for the purchase Authority for fiscal year 2000 or any subse- ‘‘(1) STAGE 3 AIRCRAFT REQUIRED.—An ex- of regional jets by commuter air carriers. quent fiscal year— emption may not be granted under this sec- The Secretary shall include in the study a October 5, 1999 CONGRESSIONAL RECORD — SENATE S11977 review of options for funding, including al- park area during a specified time frame, the plan is not already in effect whenever a per- ternatives to Federal funding. In the study, Administrator, in cooperation with the Di- son applies for authority to operate a com- the Secretary shall analyze— rector, shall authorize commercial air tour mercial air tour over the park. The develop- (1) the need for such a program; operators to provide such service. The au- ment of the air tour management plan is to (2) its potential benefit to small commu- thorization shall specify such terms and con- be a cooperative undertaking between the nities; ditions as the Administrator and the Direc- Federal Aviation Administration and the Na- (3) the trade implications of such a pro- tor find necessary for management of com- tional Park Service. The air tour manage- gram; mercial air tour operations over the national ment plan shall be developed by means of a (4) market implications of such a program park. The Administrator, in cooperation public process, and the agencies shall de- for the sale of regional jets; with the Director, shall develop an open velop information and analysis that explains (5) the types of markets that would benefit competitive process for evaluating proposals the conclusions that the agencies make in the most from such a program; from persons interested in providing com- the application of the respective criteria. (6) the competitive implications of such a mercial air tour services over the national Such explanations shall be included in the program; and park. In making a selection from among var- Record of Decision and may be subject to ju- (7) the cost of such a program. ious proposals submitted, the Administrator, dicial review. in cooperation with the Director, shall con- (c) REPORT.—The Secretary shall submit a ‘‘(B) OBJECTIVE.—The objective of any air report of the results of the study to the Sen- sider relevant factors, including— tour management plan shall be to develop ate Committee on Commerce, Science, and ‘‘(i) the safety record of the company or pi- acceptable and effective measures to miti- lots; Transportation and the House of Representa- gate or prevent the significant adverse im- ‘‘(ii) any quiet aircraft technology pro- tives Committee on Transportation and In- pacts, if any, of commercial air tours upon posed for use; frastructure not later than 24 months after the natural and cultural resources and vis- ‘‘(iii) the experience in commercial air the date of enactment of this Act. itor experiences and tribal lands. tour operations over other national parks or ‘‘(2) ENVIRONMENTAL DETERMINATION.—In TITLE VI—NATIONAL PARKS scenic areas; establishing an air tour management plan OVERFLIGHTS ‘‘(iv) the financial capability of the com- under this subsection, the Administrator and SEC. 601. FINDINGS. pany; The Congress finds that— ‘‘(v) any training programs for pilots; and the Director shall each sign the environ- (1) the Federal Aviation Administration ‘‘(vi) responsiveness to any criteria devel- mental decision document required by sec- has sole authority to control airspace over oped by the National Park Service or the af- tion 102 of the National Environmental Pol- the United States; fected national park. icy Act of 1969 (42 U.S.C. 4332) which may in- clude a finding of no significant impact, an (2) the Federal Aviation Administration ‘‘(C) NUMBER OF OPERATIONS AUTHORIZED.— has the authority to preserve, protect, and In determining the number of authorizations environmental assessment, or an environ- enhance the environment by minimizing, to issue to provide commercial air tour serv- mental impact statement, and the Record of mitigating, or preventing the adverse effects ice over a national park, the Administrator, Decision for the air tour management plan. of aircraft overflights on the public and trib- in cooperation with the Director, shall take ‘‘(3) CONTENTS.—An air tour management al lands; into consideration the provisions of the air plan for a national park— (3) the National Park Service has the re- tour management plan, the number of exist- ‘‘(A) may prohibit commercial air tour op- sponsibility of conserving the scenery and ing commercial air tour operators and cur- erations in whole or in part; natural and historic objects and wildlife in rent level of service and equipment provided ‘‘(B) may establish conditions for the con- national parks and of providing for the en- by any such companies, and the financial vi- duct of commercial air tour operations, in- joyment of the national parks in ways that ability of each commercial air tour oper- cluding commercial air tour routes, max- leave the national parks unimpaired for fu- ation. imum or minimum altitudes, time-of-day re- ture generations; ‘‘(D) COOPERATION WITH NPS.—Before grant- strictions, restrictions for particular events, (4) the protection of tribal lands from air- ing an application under this paragraph, the maximum number of flights per unit of time, craft overflights is consistent with pro- Administrator shall, in cooperation with the intrusions on privacy on tribal lands, and tecting the public health and welfare and is Director, develop an air tour management mitigation of noise, visual, or other impacts; essential to the maintenance of the natural plan in accordance with subsection (b) and ‘‘(C) shall apply to all commercial air tours 1 and cultural resources of Indian tribes; implement such plan. within ⁄2 mile outside the boundary of a na- (5) the National Parks Overflights Working ‘‘(E) TIME LIMIT ON RESPONSE TO ATMP AP- tional park; Group, composed of general aviation, air PLICATIONS.—The Administrator shall act on ‘‘(D) shall include incentives (such as pre- tour, environmental, and Native American any such application and issue a decision on ferred commercial air tour routes and alti- representatives, recommended that the Con- the application not later than 24 months tudes, relief from caps and curfews) for the gress enact legislation based on its con- after it is received or amended. adoption of quiet aircraft technology by sensus work product; and ‘‘(3) EXCEPTION.—Notwithstanding para- commercial air tour operators conducting (6) this title reflects the recommendations graph (1), commercial air tour operators may commercial air tour operations at the park; made by that Group. conduct commercial air tour operations over ‘‘(E) shall provide for the initial allocation a national park under part 91 of the Federal of opportunities to conduct commercial air SEC. 602. AIR TOUR MANAGEMENT PLANS FOR tours if the plan includes a limitation on the NATIONAL PARKS. Aviation Regulations (14 CFR 91.1 et seq.) if— number of commercial air tour flights for (a) IN GENERAL.—Chapter 401, as amended any time period; and by section 301 of this Act, is amended by add- ‘‘(A) such activity is permitted under part ‘‘(F) shall justify and document the need ing at the end the following: 119 (14 CFR 119.1(e)(2)); ‘‘(B) the operator secures a letter of agree- for measures taken pursuant to subpara- ‘‘§ 40126. Overflights of national parks ment from the Administrator and the na- graphs (A) through (E). ‘‘(a) IN GENERAL.— tional park superintendent for that national ‘‘(4) PROCEDURE.—In establishing a com- ‘‘(1) GENERAL REQUIREMENTS.—A commer- park describing the conditions under which mercial air tour management plan for a na- cial air tour operator may not conduct com- the flight operations will be conducted; and tional park, the Administrator and the Di- mercial air tour operations over a national ‘‘(C) the total number of operations under rector shall— park or tribal lands except— this exception is limited to not more than 5 ‘‘(A) initiate at least one public meeting ‘‘(A) in accordance with this section; flights in any 30-day period over a particular with interested parties to develop a commer- ‘‘(B) in accordance with conditions and park. cial air tour management plan for the park; limitations prescribed for that operator by ‘‘(4) SPECIAL RULE FOR SAFETY REQUIRE- ‘‘(B) publish the proposed plan in the Fed- the Administrator; and MENTS.—Notwithstanding subsection (c), an eral Register for notice and comment and ‘‘(C) in accordance with any effective air existing commercial air tour operator shall, make copies of the proposed plan available tour management plan for that park or those not later than 90 days after the date of en- to the public; tribal lands. actment of the Air Transportation Improve- ‘‘(C) comply with the regulations set forth ‘‘(2) APPLICATION FOR OPERATING AUTHOR- ment Act, apply for operating authority in sections 1501.3 and 1501.5 through 1501.8 of ITY.— under part 119, 121, or 135 of the Federal title 40, Code of Federal Regulations (for pur- ‘‘(A) APPLICATION REQUIRED.—Before com- Aviation Regulations (14 CFR Pt. 119, 121, or poses of complying with those regulations, mencing commercial air tour operations 135). A new entrant commercial air tour op- the Federal Aviation Administration is the over a national park or tribal lands, a com- erator shall apply for such authority before lead agency and the National Park Service is mercial air tour operator shall apply to the conducting commercial air tour operations a cooperating agency); and Administrator for authority to conduct the over a national park or tribal lands. ‘‘(D) solicit the participation of any Indian operations over that park or those tribal ‘‘(b) AIR TOUR MANAGEMENT PLANS.— tribe whose tribal lands are, or may be, lands. ‘‘(1) ESTABLISHMENT OF ATMPS.— overflown by aircraft involved in commercial ‘‘(B) COMPETITIVE BIDDING FOR LIMITED CA- ‘‘(A) IN GENERAL.—The Administrator air tour operations over a national park or PACITY PARKS.—Whenever a commercial air shall, in cooperation with the Director, es- tribal lands, as a cooperating agency under tour management plan limits the number of tablish an air tour management plan for any the regulations referred to in paragraph commercial air tour flights over a national national park or tribal land for which such a (4)(C). S11978 CONGRESSIONAL RECORD — SENATE October 5, 1999

‘‘(5) AMENDMENTS.—Any amendment of an ‘‘(1) COMMERCIAL AIR TOUR.—The term the Lake Mead National Recreation Area en air tour management plan shall be published ‘commercial air tour’ means any flight con- route to, or returning from, the Grand Can- in the Federal Register for notice and com- ducted for compensation or hire in a powered yon, without offering a deviation in flight ment. A request for amendment of an air aircraft where a purpose of the flight is path between its point of origin and the tour management plan shall be made in such sightseeing. If the operator of a flight asserts Grand Canyon, shall be considered, for pur- form and manner as the Administrator may that the flight is not a commercial air tour, poses of paragraph (1), to be exclusively a prescribe. factors that can be considered by the Admin- commercial air tour of the Grand Canyon. ‘‘(c) INTERIM OPERATING AUTHORITY.— istrator in making a determination of (3) ALASKA.—The provisions of this title ‘‘(1) IN GENERAL.—Upon application for op- whether the flight is a commercial air tour, and section 40126 of title 49, United States erating authority, the Administrator shall include, but are not limited to— Code, as added by subsection (a), do not grant interim operating authority under this ‘‘(A) whether there was a holding out to apply to any land or waters located in Alas- paragraph to a commercial air tour operator the public of willingness to conduct a sight- ka. for a national park or tribal lands for which seeing flight for compensation or hire; (4) COMPLIANCE WITH OTHER REGULATIONS.— the operator is an existing commercial air ‘‘(B) whether a narrative was provided that For purposes of section 40126 of title 49, tour operator. referred to areas or points of interest on the United States Code— ‘‘(2) REQUIREMENTS AND LIMITATIONS.—In- surface; (A) regulations issued by the Secretary of terim operating authority granted under this ‘‘(C) the area of operation; Transportation and the Administrator of the subsection— ‘‘(D) the frequency of flights; Federal Aviation Administration under sec- ‘‘(A) shall provide annual authorization ‘‘(E) the route of flight; tion 3 of Public Law 100–91 (16 U.S.C. 1a–1, only for the greater of— ‘‘(F) the inclusion of sightseeing flights as note); and ‘‘(i) the number of flights used by the oper- part of any travel arrangement package; or (B) commercial air tour operations carried ator to provide such tours within the 12- ‘‘(G) whether the flight or flights in ques- out in compliance with the requirements of month period prior to the date of enactment tion would or would not have been canceled those regulations, of the Air Transportation Improvement Act; based on poor visibility of the surface. shall be deemed to meet the requirements of or ‘‘(2) COMMERCIAL AIR TOUR OPERATOR.—The such section 40126. ‘‘(ii) the average number of flights per 12- term ‘commercial air tour operator’ means (c) CLERICAL AMENDMENT.—The table of month period used by the operator to provide any person who conducts a commercial air sections for chapter 401 is amended by adding such tours within the 36-month period prior tour. at the end thereof the following: to such date of enactment, and, for seasonal ‘‘(3) EXISTING COMMERCIAL AIR TOUR OPER- ‘‘40126. Overflights of national parks.’’. operations, the number of flights so used ATOR.—The term ‘existing commercial air SEC. 603. ADVISORY GROUP. during the season or seasons covered by that tour operator’ means a commercial air tour (a) ESTABLISHMENT.—Not later than 1 year 12-month period; operator that was actively engaged in the after the date of enactment of this Act, the ‘‘(B) may not provide for an increase in the business of providing commercial air tours Administrator of the Federal Aviation Ad- number of operations conducted during any over a national park at any time during the ministration and the Director of the Na- time period by the commercial air tour oper- 12-month period ending on the date of enact- tional Park Service shall jointly establish an ator to which it is granted unless the in- ment of the Air Transportation Improve- advisory group to provide continuing advice crease is agreed to by the Administrator and ment Act. and counsel with respect to the operation of the Director; ‘‘(4) NEW ENTRANT COMMERCIAL AIR TOUR OP- commercial air tours over and near national ‘‘(C) shall be published in the Federal Reg- ERATOR.—The term ‘new entrant commercial parks. ister to provide notice and opportunity for air tour operator’ means a commercial air (b) MEMBERSHIP.— comment; tour operator that— (1) IN GENERAL.—The advisory group shall ‘‘(D) may be revoked by the Administrator ‘‘(A) applies for operating authority as a be composed of— for cause; commercial air tour operator for a national (A) a balanced group of — ‘‘(E) shall terminate 180 days after the date park; and (i) representatives of general aviation; on which an air tour management plan is es- ‘‘(B) has not engaged in the business of (ii) representatives of commercial air tour tablished for that park or those tribal lands; providing commercial air tours over that na- operators; and tional park or those tribal lands in the 12- (iii) representatives of environmental con- ‘‘(F) shall— month period preceding the application. cerns; and ‘‘(i) promote protection of national park ‘‘(5) COMMERCIAL AIR TOUR OPERATIONS.— (iv) representatives of Indian tribes; resources, visitor experiences, and tribal The term ‘commercial air tour operations’ (B) a representative of the Federal Avia- lands; means commercial air tour flight operations tion Administration; and ‘‘(ii) promote safe operations of the com- conducted— (C) a representative of the National Park mercial air tour; ‘‘(A) over a national park or within 1⁄2 mile Service. ‘‘(iii) promote the adoption of quiet tech- outside the boundary of any national park; (2) EX-OFFICIO MEMBERS.—The Adminis- nology, as appropriate; and ‘‘(B) below a minimum altitude, deter- trator and the Director shall serve as ex-offi- ‘‘(iv) allow for modifications of the oper- mined by the Administrator in cooperation cio members. ation based on experience if the modification with the Director, above ground level (except (3) CHAIRPERSON.—The representative of improves protection of national park re- solely for purposes of takeoff or landing, or the Federal Aviation Administration and the sources and values and of tribal lands. necessary for safe operation of an aircraft as representative of the National Park Service ‘‘(3) NEW ENTRANT AIR TOUR OPERATORS.— determined under the rules and regulations shall serve alternating 1-year terms as chair- ‘‘(A) IN GENERAL.—The Administrator, in of the Federal Aviation Administration re- man of the advisory group, with the rep- cooperation with the Director, may grant in- quiring the pilot-in-command to take action resentative of the Federal Aviation Adminis- terim operating authority under this para- to ensure the safe operation of the aircraft); tration serving initially until the end of the graph to an air tour operator for a national and calendar year following the year in which park for which that operator is a new en- ‘‘(C) less than 1 mile laterally from any ge- the advisory group is first appointed. trant air tour operator if the Administrator ographic feature within the park (unless (c) DUTIES.—The advisory group shall pro- determines the authority is necessary to en- more than 1⁄2 mile outside the boundary). vide advice, information, and recommenda- sure competition in the provision of com- ‘‘(6) NATIONAL PARK.—The term ‘national tions to the Administrator and the mercial air tours over that national park or park’ means any unit of the National Park Director— those tribal lands. System. (1) on the implementation of this title; ‘‘(B) SAFETY LIMITATION.—The Adminis- ‘‘(7) TRIBAL LANDS.—The term ‘tribal lands’ (2) on the designation of appropriate and trator may not grant interim operating au- means ‘Indian country’, as defined by section feasible quiet aircraft technology standards thority under subparagraph (A) if the Ad- 1151 of title 18, United States Code, that is for quiet aircraft technologies under devel- ministrator determines that it would create within or abutting a national park. opment for commercial purposes, which will a safety problem at that park or on tribal ‘‘(8) ADMINISTRATOR.—The term ‘Adminis- receive preferential treatment in a given air lands, or the Director determines that it trator’ means the Administrator of the Fed- tour management plan; would create a noise problem at that park or eral Aviation Administration. (3) on other measures that might be taken on tribal lands. ‘‘(9) DIRECTOR.—The term ‘Director’ means to accommodate the interests of visitors to ‘‘(C) ATMP LIMITATION.—The Adminis- the Director of the National Park Service.’’. national parks; and trator may grant interim operating author- (b) EXEMPTIONS AND SPECIAL RULES.— (4) on such other national park or tribal ity under subparagraph (A) of this paragraph (1) GRAND CANYON.—Section 40126 of title lands-related safety, environmental, and air only if the air tour management plan for the 49, United States Code, as added by sub- touring issues as the Administrator and the park or tribal lands to which the application section (a), does not apply to— Director may request. relates has not been developed within 24 (A) the Grand Canyon National Park; or (d) COMPENSATION; SUPPORT; FACA.— months after the date of enactment of the (B) Indian country within or abutting the (1) COMPENSATION AND TRAVEL.—Members Air Transportation Improvement Act. Grand Canyon National Park. of the advisory group who are not officers or ‘‘(d) DEFINITIONS.—In this section, the fol- (2) LAKE MEAD.—A commercial air tour of employees of the United States, while at- lowing definitions apply: the Grand Canyon that transits over or near tending conferences or meetings of the group October 5, 1999 CONGRESSIONAL RECORD — SENATE S11979 or otherwise engaged in its business, or while SEC. 802. TRANSFER OF OFFICE, PERSONNEL ‘‘(1) Developing, processing, disseminating serving away from their homes or regular AND FUNDS. and publishing of digital and analog data, in- places of business, each member may be al- (a) Effective October 1, 2000 the Office of formation, compilations, and reports. lowed travel expenses, including per diem in Aeronautical Charting and Cartography of ‘‘(2) Compiling, printing, and dissemi- lieu of subsistence, as authorized by section the National Oceanic and Atmospheric Ad- nating aeronautical charts and related prod- 5703 of title 5, United States Code, for per- ministration, Department of Commerce, is ucts and services of the United States, its sons in the Government service employed transferred to the Federal Aviation Adminis- Territories, and possessions. intermittently. tration. ‘‘(3) Compiling, printing and disseminating (2) ADMINISTRATIVE SUPPORT.—The Federal (b) Effective October 1, 2000 the personnel aeronautical charts and related products and Aviation Administration and the National employed in connection with, and the assets, services covering international airspace as Park Service shall jointly furnish to the ad- liabilities, contracts, property, equipment, are required primarily by United States civil visory group clerical and other assistance. facilities, records, and unexpended balance of aviation. (3) NONAPPLICATION OF FACA.—Section 14 of appropriations, and other funds employed, ‘‘(4) Compiling, printing and disseminating the Federal Advisory Committee Act (5 held, used, arising from, available to, or to non-aeronautical navigational, transpor- U.S.C. App.) does not apply to the advisory be made available in connection with the tation or public-safety-related products and group. function and offices, or portions of offices, services when in the best interests of the (e) REPORT.—The Administrator and the transferred by this Act, including all Senior United States Government. Director shall jointly report to the Congress Executive Service positions, subject to sec- ‘‘(d) CONTRACT, COOPERATIVE AGREEMENTS, within 24 months after the date of enactment tion 1531 of title 31, United States Code, are GRANTS, AND OTHER AGREEMENTS.— of this Act on the success of this title in pro- transferred to the Administrator of the Fed- ‘‘(1) The Administrator is authorized to viding incentives for quiet aircraft tech- eral Aviation Administration for appropriate contract with qualified organizations for the nology. allocation. Personnel employed in connec- performance of any part of the authorized SEC. 604. OVERFLIGHT FEE REPORT. tion with functions transferred by this Act functions of the Office of Aeronautical Not later than 180 days after the date of transfer under any applicable law and regu- Charting and Cartography when the Admin- enactment of this Act, the Administrator of lation relating to transfer of functions. Un- istrator deems such procedure to be in the the Federal Aviation Administration shall expended funds transferred under this sec- public interest and will not compromise pub- transmit to Congress a report on the effects tion shall be used only for the purposes for lic safety. proposed overflight fees are likely to have on which the funds were originally authorized ‘‘(2) The Administrator is authorized to the commercial air tour industry. The report and appropriated, except that funds may be enter into cooperative agreements, grants, shall include, but shall not be limited to— used for expenses associated with the trans- reimbursable agreements, memoranda of un- (1) the viability of a tax credit for the com- fer authorized by this Act. derstanding and other agreements, with a mercial air tour operators equal to the SEC. 803. AMENDMENT OF TITLE 49, UNITED State, subdivision of a State, Federal agen- amount of the proposed fee charged by the STATES CODE. cy, public or private organization, or indi- National Park Service; and (a) IN GENERAL.—Section 44721 is amended vidual, to carry out the purposes of this sec- (2) the financial effects proposed offsets are to read as follows: tion. likely to have on Federal Aviation Adminis- ‘‘§ 44721. Aeronautical charts and related ‘‘(e) SPECIAL SERVICES AND PRODUCTS.— tration budgets and appropriations. products and services ‘‘(1) The Administrator is authorized, at SEC. 605. PROHIBITION OF COMMERCIAL AIR ‘‘(a) IN GENERAL.—The Administrator of the request of a State, subdivision of a State, TOURS OVER THE ROCKY MOUNTAIN the Federal Aviation Administration is in- Federal agency, public or private organiza- NATIONAL PARK. vested with and shall exercise, effective Oc- tion, or individual, to conduct special serv- Effective beginning on the date of enact- tober 1, 2000 the functions, powers, and du- ices, including making special studies, or de- ment of this Act, no commercial air tour ties of the Secretary of Commerce and other veloping special publications or products on may be operated in the airspace over the officers of the Department of Commerce that matters relating to navigation, transpor- Rocky Mountain National Park notwith- relate to the Office of Aeronautical Charting tation, or public safety. standing any other provision of this Act or and Cartography to provide aeronautical ‘‘(2) The Administrator shall assess a fee section 40126 of title 49, United States Code, charts and related products and services for for any special service provided under para- as added by this Act. the safe and efficient navigation of air com- graph (1). A fee shall be not more than the TITLE VII—TITLE 49 TECHNICAL merce, under the following authorities: actual or estimated full cost of the service. A CORRECTIONS ‘‘(1) Sections 1 through 9 of the Act enti- fee may be reduced or waived for research or- SEC. 701. RESTATEMENT OF 49 U.S.C. 106(g). tled ‘‘An Act to define the functions and du- ganizations, educational organizations, or (a) IN GENERAL.—Section 106(g) is amended ties of the Coast and Geodetic Survey, and non-profit organizations, when the Adminis- by striking ‘‘40113(a), (c), and (d), 40114(a), for other purposes’’, approved August 6, 1947, trator determines that reduction or waiver 40119, 44501(a) and (c), 44502(a)(1), (b) and (c), (33 U.S.C. 883a-883h). of the fee is in the best interest of the United 44504, 44505, 44507, 44508, 44511–44513, 44701– ‘‘(2) Section 6082 of the Consolidated Omni- States Government by furthering public 44716, 44718(c), 44721(a), 44901, 44902, 44903(a)– bus Budget Reconciliation Act of 1985 (33 safety. (c) and (e), 44906, 44912, 44935–44937, and U.S.C. 883j). ‘‘(f) SALE AND DISSEMINATION OF AERO- 44938(a) and (b), chapter 451, sections 45302– ‘‘(3) Section 1307 of title 44, United States NAUTICAL PRODUCTS.— 45304,’’ and inserting ‘‘40113(a), (c)–(e), Code. ‘‘(1) Aeronautical products created or 40114(a), and 40119, and chapter 445 (except ‘‘(4) The provision of title II of the Depart- maintained under the authority of this sec- sections 44501(b), 44502(a)(2)–(4), 44503, 44506, ments of Commerce, Justice, and State, the tion shall be sold at prices established annu- 44509, 44510, 44514, and 44515), chapter 447 (ex- Judiciary, and Related Agencies Appropria- ally by the Administrator consistent with cept sections 44717, 44718(a) and (b), 44719, tions Act, 1995 under the heading ‘National the following: 44720, 44721(b), 44722, and 44723), chapter 449 Oceanic and Atmospheric Administration’ ‘‘(A) Subject to subparagraph (B), the price (except sections 44903(d), 44904, 44905, 44907– relating to aeronautical charts (44 U.S.C. of an aeronautical product sold to the public 44911, 44913, 44915, and 44931–44934), chapter 1307 nt). shall be not more than necessary to recover 451, chapter 453, sections’’. ‘‘(b) AUTHORITY TO CONDUCT SURVEYS.—To all costs attributable to (i) data base man- (b) TECHNICAL CORRECTION.—The amend- provide aeronautical charts and related prod- agement and processing; (ii) compilation; ment made by this section may not be con- ucts and services for the safe and efficient (iii) printing or other types of reproduction; strued as making a substantive change in navigation of air commerce, and to provide and (iv) dissemination of the product. the language replaced. basic data for engineering and scientific pur- ‘‘(B) The Administrator shall adjust the SEC. 702. RESTATEMENT OF 49 U.S.C. 44909. poses and for other commercial and indus- price of an aeronautical product and service Section 44909(a)(2) is amended by striking trial needs, the Administrator is authorized sold to the public as necessary to avoid any ‘‘shall’’ and inserting ‘‘should’’. to conduct the following activities: adverse impact on aviation safety attrib- TITLE VIII—TRANSFER OF ‘‘(1) Aerial and field surveys for aero- utable to the price specified under this para- AERONAUTICAL CHARTING ACTIVITY nautical charts. graph. SEC. 801. TRANSFER OF FUNCTIONS, POWERS, ‘‘(2) Other airborne and field surveys when ‘‘(C) A price established under this para- AND DUTIES. in the best interest of the United States Gov- graph may not include costs attributable to Effective October 1, 2000, there are trans- ernment. the acquisition of aeronautical data. ferred to the Federal Aviation Administra- ‘‘(3) Acquiring, owning, operating, main- ‘‘(2) The Administrator shall publish annu- tion and vested in the Administrator of the taining and staffing aircraft in support of ally the prices at which aeronautical prod- Federal Aviation Administration the func- surveys. ucts are sold to the public. tions, powers, and duties of the Secretary of ‘‘(c) ADDITIONAL AUTHORITY.—In order that ‘‘(3) The Administrator may distribute Commerce and other officers of the Depart- full public benefit may be derived from the aeronautical products and provide aero- ment of Commerce that relate to the Office dissemination of data resulting from activi- nautical services— of Aeronautical Charting and Cartography ties under this section and of related data ‘‘(A) without charge to each foreign gov- and are set forth in section 44721 of title 49, from other sources, the Administrator is au- ernment or international organization with United States Code. thorized to conduct the following activities: which the Administrator or a Federal agency S11980 CONGRESSIONAL RECORD — SENATE October 5, 1999 has an agreement for exchange of these prod- the Department of Commerce or the Na- nautical’’ and ‘‘or aeronautical’’ each place ucts or services without cost; tional Oceanic and Atmospheric Administra- they appear. ‘‘(B) at prices the Administrator estab- tion with respect to functions transferred by (b) Section 1307(a)(2)(B) of title 44, United lishes, to the departments and officers of the this Act, or by or against any officer thereof States Code, is amended by striking ‘‘avia- United States requiring them for official use; in the official’s capacity, shall abate by rea- tion and’’. and son of the enactment of this Act. Causes of (c) Section 1307(d) of title 44, United States ‘‘(C) at reduced or no charge where, in the action and actions with respect to a function Code, is amended by striking ‘‘aeronautical judgment of the Administrator, furnishing or office transferred by this Act, or other and’’. the aeronautical product or service to a re- proceedings may be asserted by or against f cipient is a reasonable exchange for vol- the United States or an official of the Fed- untary contribution of information by the eral Aviation Administration, as may be ap- AMENDMENTS SUBMITTED ON recipient to the activities under this section. propriate, and, in an action pending when OCTOBER 5, 1999 ‘‘(4) The fees provided for in this sub- this Act takes effect, the court may at any section are for the purpose of reimbursing time, on its own motion or that of any party, the United States Government for the costs enter an order that will give effect to the AIR TRANSPORTATION of creating, printing and disseminating aero- provisions of this subsection. IMPROVEMENT ACT nautical products and services under this (d) SUBSTITUTION OR ADDITION OF PARTIES section. The collection of fees authorized by TO JUDICIAL ACTIONS.—If, on the date of this section does not alter or expand any transfer, the Department of Commerce or REED AMENDMENT NO. 1905 duty or liability of the Government under the National Oceanic and Atmospheric Ad- (Ordered to lie on the table) existing law for the performance of functions ministration, or any officer thereof in the of- for which fees are collected, nor does the col- ficial’s capacity, is a party to an action, and Mr. REED submitted an amendment lection of fees constitute an express or im- under this Act any function relating to the intended to be proposed by him to the plied undertaking by the Government to per- action of such Department, Administration, bill (S. 82) to authorize appropriations form any activity in a certain manner.’’. or officer is transferred to the Federal Avia- for Federal Aviation Administration, (b) CONFORMING AMENDMENT.—The chapter tion Administration, then such action shall and for other purposes; as follows: analysis of chapter 447 is amended by adding be continued with the Administrator of the at the end thereof the following: At the end of title III of the Manager’s sub- Federal Aviation Administration substituted stitute amendment, add the following: ‘‘44721. Aeronautical charts and related or added as a party. products and services.’’. SEC. 312. PROHIBITION ON OPERATING CERTAIN (e) CONTINUED JURISDICTION OVER ACTIONS AIRCRAFT NOT COMPLYING WITH SEC. 804. SAVINGS PROVISION. TRANSFERRED.—Orders and actions of the Ad- STAGE 4 NOISE LEVELS. (a) CONTINUED EFFECTIVENESS OF DIREC- ministrator of the Federal Aviation Admin- (a) IN GENERAL.—Subchapter II of chapter TIVES.—All orders, determinations, rules, istration in the exercise of functions trans- 475 of title 49, United States Code, is regulations, permits, contracts, certificates, ferred by this Act shall be subject to judicial amended— licenses, privileges, and financial assistance review to the same extent and in the same (1) by redesignating section 47529 as section that— manner as if such orders and actions had 47529A; and (1) have been issued, made, granted, or al- been by the Department of Commerce or the (2) by inserting after section 47528 the fol- lowed to become effective by the President National Oceanic and Atmospheric Adminis- lowing: of the United States, the Secretary of Com- tration, or any office or officer thereof, in ‘‘§ 47529. Limitation on operating certain air- merce, the National Oceanic and Atmos- the exercise of such functions immediately pheric Administration (NOAA) Adminis- craft not complying with stage 4 noise lev- preceding their transfer. els trator, any Federal agency or official there- (f) LIABILITIES AND OBLIGATIONS.—The Ad- ‘‘(a) REGULATIONS.—Not later than Decem- of, or by a court of competent jurisdiction, ministrator shall assume all liabilities and ber 31, 2003, the Secretary of Transportation, in the performance of functions which are obligations (tangible and incorporeal, in consultation with the International Civil transferred by this Act; and present and executory) associated with the Aviation Organization, shall issue regula- (2) are in effect on the date of transfer, functions transferred under this Act on the tions to establish minimum standards for shall continue in effect according to their date of transfer, including leases, permits, li- civil turbojets to comply with stage 4 noise terms until modified, terminated, super- censes, contracts, agreements, claims, tar- levels. seded, set aside, or revoked in accordance iffs, accounts receivable, accounts payable, with law by the President of the United ‘‘(b) GENERAL RULE.—The Secretary shall financial assistance, and litigation relating States, the Administrator, a court of com- issue regulations to ensure that, except as to such obligations, regardless whether judg- petent jurisdiction, or by operation of law. provided in section 47530— ment has been entered, damages awarded, or (b) CONTINUED EFFECTIVENESS OF PENDING ‘‘(1) 50 percent of the civil turbojets with a appeal taken. ACTIONS.— maximum weight of more than 75,000 pounds (1) The provisions of this Act shall not af- SEC. 805. NATIONAL OCEAN SURVEY. operating after December 31, 2008, to or from fect any proceedings, including notices of (a) Section 1 of the Act entitled ‘‘An Act to airports in the United States comply with proposed rulemaking, or any application for define the functions and duties of the Coast the stage 4 noise levels established under any license, permit, certificate, or financial and Geodetic Survey, and for other pur- subsection (a); and assistance pending on the date of transfer be- poses’’, approved August 6, 1947, (33 U.S.C. ‘‘(2) 100 percent of such turbojets operating fore the Department of Commerce or the 883a) is amended— after December 31, 2013, to or from airports NOAA Administrator, or any officer thereof (1) by striking paragraph (1) and inserting in the United States comply with the stage with respect to functions transferred by this the following: 4 noise levels. Act; but such proceedings or applications, to ‘‘(1) Hydrographic, topographic and other ‘‘(c) PRIORITY FOR HIGH DENSITY AIR- the extent that they relate to functions types of field surveys;’’; and PORTS.—The Secretary shall issue regula- transferred, shall be continued in accord (2) by striking paragraph (4) and redesig- tions to ensure that air carriers, in pur- with transition guidelines promulgated by nating paragraph (5) as paragraph (4). chasing and using civil turbojets that com- the Administrator under the authority of (b) Section 2 of that Act (33 U.S.C. 883b) is ply with stage 4 noise levels, give priority to this section. Orders issued in any such pro- amended— using such turbojets to provide air transpor- ceedings shall continue in effect until modi- (1) by striking paragraphs (3) and (5), and tation to or from high density airports (as fied, terminated, superseded, or revoked by redesignating paragraph (4) and (6) as para- such term is defined under section 41714 on the Administrator, by a court of competent graphs (3) and (4), respectively; January 1, 1999). jurisdiction, or by operation of law. Nothing (2) by striking ‘‘charts of the United ‘‘(d) ANNUAL REPORT.—Beginning with cal- in this subsection prohibits the discontinu- States, its Territories, and possessions;’’ in endar year 2004— ance or modification of any such proceeding paragraph (3), as redesignated, and inserting ‘‘(1) each air carrier shall submit to the under the same terms and conditions and to ‘‘charts;’’; and Secretary an annual report on the progress the same extent that such proceeding could (3) by striking ‘‘publications for the United the carrier is making toward complying with have been discontinued or modified if this States, its Territories, and possessions’’ in the requirements of this section and regula- Act had not been enacted. paragraph (4), as redesignated, and inserting tions issued to carry out this section; and (2) The Secretary of Commerce, the NOAA ‘‘publications.’’. ‘‘(2) the Secretary shall submit to Congress Administrator, and the Administrator of the (c) Section 5(1) of that Act (33 U.S.C. an annual report on the progress being made Federal Aviation Administration are author- 883e(1)) is amended by striking ‘‘cooperative toward that compliance. ized to issue transition guidelines providing agreements’’ and inserting ‘‘cooperative ‘‘(e) CIVIL TURBOJET DEFINED.—In the sec- for the orderly transfer of proceedings and agreements, or any other agreements,’’. tion, the term ‘civil turbojet’ means a civil otherwise to accomplish the orderly transfer SEC. 806. SALE AND DISTRIBUTION OF NAUTICAL aircraft that is a turbojet.’’. of functions, personnel and property under AND AERONAUTICAL PRODUCTS BY (b) CHAPTER ANALYSIS AMENDMENT.—The this Act. NOAA. analysis for such chapter is amended by (c) CONTINUED EFFECTIVENESS OF JUDICIAL (a) Section 1307 of title 44, United States striking the item relating to section 47529 ACTIONS.—No cause of action by or against Code, is amended by striking ‘‘and aero- and inserting the following: October 5, 1999 CONGRESSIONAL RECORD — SENATE S11981 ‘‘47529. Limitation on operating certain air- On December 31 of this year, the FAA (ii) 5 shall be appointed by the President craft not complying with stage will require that all civil aircraft com- pro tempore of the Senate, 3 upon the rec- 4 noise levels. ply with Stage 3 noise regulations. ommendation of the Majority Leader, and 2 ‘‘47529A. Nonaddition rule.’’. This requires that jet engines emit less upon the recommendation of the Minority (c) NONADDITION RULE.—Section 47529A of Leader of the Senate; and such title (as redesignated by subsection noise through hushkit adaptations on (iii) 5 shall be appointed by the Speaker of (a)(1)) is amended— older, noisier engines, or that air car- the House of Representatives, 3 upon the (1) in subsection (a)— riers invest in new and quieter Stage 3 Speaker’s own initiative, and 2 upon the rec- (A) by striking ‘‘subsonic’’; compliant engines. While this is a big ommendation of the Minority Leader of the (B) by striking ‘‘November 4, 1990’’ and in- step in the right direction, the deadline House of Representatives. serting ‘‘December 31, 2004’’; for compliance with Stage 3 must not (B) MEMBERS FROM RURAL AREAS.— (C) by striking ‘‘stage 3’’ and inserting end progress toward quieter jet en- (i) REQUIREMENT.—Of the individuals ap- pointed to the Commission under subpara- ‘‘stage 4’’; and gines, but mark the beginning of Stage (D) by striking ‘‘November 5, 1990’’ and in- graph (A)— serting ‘‘January 1, 2005’’; 4 research. (I) one of the individuals appointed under (2) in subsection (b), by striking ‘‘stage 3’’ Currently, the FAA is working in co- clause (i) of that subparagraph shall be an and inserting ‘‘stage 4’’; and operation and consultation with the individual who resides in a rural area; and (3) in subsection (c)(1), by striking ‘‘No- International Civil Aviation Organiza- (II) two of the individuals appointed under vember 5, 1990’’ and inserting ‘‘January 1, tion (ICAO) to define Stage 4 noise lev- each of clauses (ii) and (iii) of that subpara- 2005’’ els and reach an agreement with ICAO graph shall be individuals who reside in a rural area. (d) CONFORMING AMENDMENTS.—Such chap- member states on a plan for implemen- ter is further amended— (ii) GEOGRAPHIC DISTRIBUTION.—The ap- (1) in the chapter analysis by striking ‘‘and tation of Stage 4 regulations. While pointment of individuals under subparagraph 47529’’ in the item relating to section 47530 this research is in its preliminary (A) pursuant to the requirement in clause (i) and inserting ‘‘, 47529, and 47529A’’; stages, our nation’s aviation infra- of this subparagraph shall, to the maximum (2) in section 47530— structure must be ready to adopt Stage extent practicable, be made so as to ensure (A) by striking ‘‘and 47529’’ and inserting ‘‘, 4 rules to ensure quieter communities that a variety of geographic areas of the 47529, and 47529A’’; in which residents can enjoy their open country are represented in the membership of the Commission. (B) by striking ‘‘subsonic’’; and spaces and where learning at schools is (C) DATE.—The appointments of the mem- (C) by striking ‘‘November 4, 1990’’ and in- not interrupted every several minutes serting ‘‘December 31, 2004’’; and bers of the Commission shall be made not (3) in section 47531, by inserting ‘‘47529A,’’ to defer to the roar of passing planes. later than 60 days after the date of the enact- after ‘‘47529,’’. Mr. President, my amendment would ment of this Act. (e) EFFECTIVE DATES.—The amendments direct the Secretary of Transportation (3) PERIOD OF APPOINTMENT; VACANCIES.— made by this section shall take effect on the to report to Congress no later than De- Members shall be appointed for the life of date of the enactment of this Act, except cember 31, 2002 the findings of a study the Commission. Any vacancy in the Com- that the amendments made by subsections on aircraft noise problems in the mission shall not affect its powers, but shall (c), (d)(2)(B), and (d)(2)(C) shall take effect on be filled in the same manner as the original December 31, 2004. United States, the status of negotia- appointment. tions between the FAA and ICAO on Mr. REED. Mr. President, I rise (4) INITIAL MEETING.—Not later than 30 ∑ Stage 4 noise levels, and the feasibility today to propose an amendment to the days after the date on which all members of of proceeding with development and the Commission have been appointed, the Federal Aviation Administration implementation of a timetable for air Commission shall hold its first meeting. (FAA) Reauthorization bill because our (5) MEETINGS.—The Commission shall meet nation has experienced an explosion in carrier compliance with Stage 4 noise requirements. at the call of the Chairperson. air travel this past decade. Air trans- (6) QUORUM.—A majority of the members of portation is now as much a means of This amendment will ensure that the Commission shall constitute a quorum, mass transit as automobiles and trains. both airport authorities and air car- but a lesser number of members may hold Indeed, our economic good fortune and riers are aware of developments regard- hearings. increased competition from air carriers ing Stage 4 activities, and that we (7) CHAIRPERSON.—The Commission shall move in an expeditious and deliberate select a Chairman and Vice Chairperson from has led to a buyer’s market for pas- among its members. sengers looking for affordable fares to manner to maintain the momentum we have gained toward making quieter (b) DUTIES OF THE COMMISSION.— countless destinations. While we are all (1) STUDY.— amazed by the dramatic growth in the both jet engines and the communities (A) DEFINITIONS.—In this subsection, the airline industry, we must also consider over which they fly.∑ terms ‘air carrier’ and ‘air transportation’ the ramifications that increased flights have the meanings given those terms in sec- and aircraft noise have on the commu- VOINOVICH AMENDMENT 1906 tion 40102(a). nities surrounding airport facilities. (B) CONTENTS.—The Commission shall con- Mr. MCCAIN (for Mr. VOINOVICH) pro- duct a thorough study of the impacts of de- In my home state of Rhode Island, posed an amendment to the bill, S. 82, T.F. Green State Airport, our state’s regulation of the airline industry of the supra; as follows: United States on— only major airport, has experienced Strike section 437. (i) the affordability, accessibility, avail- tremendous expansion over the past ability, and quality of air transportation, several years. With more than 4 million COLLINS (AND OTHERS) particularly in small-sized and medium-sized passengers flying into and out of Rhode communities; AMENDMENT NO. 1907 Island each year, representing a 100 (ii) economic development and job cre- percent increase over three years ago, Ms. COLLINS (for herself, Mr. BURNS, ation, particularly in areas that are under- the number of take offs and landings Mr. BAUCUS, Mr. ROBB, Mr. HOLLINGS, served by air carriers; has likewise climbed. This has led to Mr. ROCKEFELLER, Mr. HARKIN, Mr. (iii) the economic viability of small-sized airports; and intolerable noise pollution for the air- ENZI, Mr. GRASSLEY, Mr. JOHNSON, and (iv) the long-term configuration of the port’s neighbors. Of course, this prob- Mr. THOMAS) proposed an amendment United States passenger air transportation lem is not isolated to Rhode Island. In to the bill, S. 82, supra; as follows: system. fact, cities and towns across the coun- At the appropriate place insert the fol- (C) MEASUREMENT FACTORS.—In carrying try are dealing with similar growing lowing new section: out the study under this subsection, the pains. While T.F. Green and numerous SEC. ll01. AIRLINE DEREGULATION STUDY Commission shall develop measurement fac- airport authorities in our nation are COMMISSION. tors to analyze the quality of passenger air taking steps to insulate homes and (a) ESTABLISHMENT OF COMMISSION.— transportation service provided by air car- other structures from the effects of air- (1) ESTABLISHMENT.—There is established a riers by identifying the factors that are gen- craft noise, the problem cannot be commission to be known as the Airline De- erally associated with quality passenger air eliminated entirely. And, we must not regulation Study Commission (in this sec- transportation service. tion referred to as the ‘‘Commission’’). (D) BUSINESS AND LEISURE TRAVEL.—In con- forget that there is only so much we (2) MEMBERSHIP.— ducting measurements for an analysis of the can do on the ground to reduce noise. (A) COMPOSITION.—Subject to subparagraph affordability of air travel, to the extent prac- We must also deal with noise at its (B), the Commission shall be composed of 15 ticable, the Commission shall provide for ap- point of origin by researching and de- members of whom— propriate control groups and comparisons veloping quieter jet engine technology. (i) 5 shall be appointed by the President; with respect to business and leisure travel. S11982 CONGRESSIONAL RECORD — SENATE October 5, 1999

(2) REPORT.—Not later than 1 year after (f) AUTHORIZATION OF APPROPRIATIONS.— onautics and Space Administration and the the date of the enactment of this Act, the (1) IN GENERAL.—There is authorized to be Federal Aviation Administration; and Commission shall submit an interim report appropriated $950,000 for fiscal year 2000 to (3) procedures for increased communica- to the President and Congress, and not later the Commission to carry out this section. tion and coordination between the Federal than 18 months after the date of the enact- (2) AVAILABILITY.—Any sums appropriated Aviation Administration research advisory ment of this Act, the Commission shall sub- pursuant to the authorization of appropria- committee established under section 44508 of mit a report to the President and Congress. tions in paragraph (1) shall remain available title 49, United States Code, and the NASA Each such report shall contain a detailed until expended. Aeronautics and Space Transportation Tech- statement of the findings and conclusions of nology Advisory Committee. the Commission, together with its rec- MCCAIN AMENDMENT NO. 1908 SEC. 03. INTERNET AVAILABILITY OF INFORMA- ommendations for such legislation and ad- TION. ministrative actions as it considers appro- (Ordered to lie on the table.) The Administrator of the Federal Aviation priate. Mr. MCCAIN submitted an amend- Administration shall make available (c) POWERS OF THE COMMISSION.— ment intended to be proposed by him through the Internet home page of the Fed- (1) HEARINGS.—The Commission may hold to amendment No. 1892 proposed by Mr. eral Aviation Administration the abstracts such hearings, sit and act at such times and relating to all research grants and awards GORTON to the bill, S. 82, supra; as fol- places, take such testimony, and receive made with funds authorized by the amend- such evidence as the Commission considers lows: ments made by this Act. Nothing in this sec- advisable to carry out the duties of the Com- On page 4, strike lines 1 through 8, and in- tion shall be construed to require or permit mission under this section. sert the following: the release of any information prohibited by (2) INFORMATION FROM FEDERAL AGENCIES.— ‘‘(k) AFFILIATED CARRIERS.—An air carrier law or regulation from being released to the The Commission shall consult with the that is affiliated with a commuter air car- public. Comptroller General of the United States rier, regardless of the form of the corporate SEC. 04. RESEARCH ON NONSTRUCTURAL AIR- and may secure directly from any Federal relationship between them, shall not be CRAFT SYSTEMS. department or agency such information as treated as a new entrant or a limited incum- Section 44504(b)(1) of title 49, United States the Commission considers necessary to carry bent for purposes of this section, section Code, is amended by inserting ‘‘, including out the duties of the Commission under this 41717, 41718, or 41719.’’. nonstructural aircraft systems,’’ after ‘‘life section. Upon request of the Chairperson of of aircraft’’. the Commission, the head of such depart- MCCAIN AMENDMENT NO. 1909 SEC. 05. POST FREE FLIGHT PHASE I ACTIVI- ment or agency shall furnish such informa- TIES. tion to the Commission. Mr. MCCAIN proposed an amendment No later than May 1, 2000, the Adminis- (3) POSTAL SERVICES.—The Commission to the bill, S. 82, supra; as follows: trator of the Federal Aviation Administra- may use the United States mails in the same At the appropriate place, insert the fol- tion shall tranmsit to Congress a definitive manner and under the same conditions as lowing: plan for the continued implementation of other departments and agencies of the Fed- TITLE —FEDERAL AVIATION RESEARCH, Free Flight Phase I operational capabilities eral Government. ENGINEERING, AND DEVELOPMENT for fiscal years 2003 through 2005. The plan (4) GIFTS.—The Commission may accept, shall include and address the recommenda- use, and dispose of gifts or donations of serv- SEC. 01. AUTHORIZATION OF APPROPRIATIONS. tions concerning operational capabilities for ices or property. Section 48102(a) of title 49, United States fiscal years 2003 through 2005 due to be made (d) COMMISSION PERSONNEL MATTERS.— Code, is amended— by the RTCA Free Flight Steering Com- (1) TRAVEL EXPENSES.—The members of the (1) by striking ‘‘and’’ at the end of para- mittee in December 1999 that was established Commission shall be allowed travel expenses, graph (4)(J); at the direction of the Federal Aviation Ad- including per diem in lieu of subsistence, at (2) by striking the period at the end of ministration. The plan shall also include rates authorized for employees of agencies paragraph (5) and inserting in lieu thereof a budget estimates for the implementation of under subchapter I of chapter 57 of title 5, semicolon; and these operational capabilities. (3) by adding at the end the following: United States Code, while away from their SEC. 06. RESEARCH PROGRAM TO IMPROVE AIR- homes or regular places of business in the ‘‘(6) $240,000,000 for fiscal year 2000; FIELD PAVEMENTS. performance of services for the Commission. ‘‘(7) $250,000,000 for fiscal year 2001; and The Administrator of the Federal Aviation (2) STAFF.— ‘‘(8) $260,000,000 for fiscal year 2002;’’. Administration shall consider awards to non- (A) IN GENERAL.—The Chairperson of the SEC. 02. INTEGRATED NATIONAL AVIATION RE- profit concrete pavement research founda- Commission may, without regard to the civil SEARCH PLAN. tions to improve the design, construction, service laws and regulations, appoint and (a) IN GENERAL.—Section 44501(c) of title rehabilitation, and repair of rigid concrete terminate an executive director and such 49, United States Code, is amended— airfield pavements to aid in the development other additional personnel as may be nec- (1) in paragraph (2)(B)— of safer, more cost-effective, and durable air- essary to enable the Commission to perform (A) by striking ‘‘and’’ at the end of clause field pavements. The Administrator may use its duties. The employment of an executive (iii); a grant or cooperative agreement for this director shall be subject to confirmation by (B) by striking the period at the end of purpose. Nothing in this section shall require the Commission. clause (iv) and inserting in lieu thereof ‘‘; the Administrator to prioritize an airfield (B) COMPENSATION.—The Chairperson of the and’’; and payment research program above safety, se- Commission may fix the compensation of the (C) by adding at the end the following new curity, Flight 21, environment, or energy re- executive director and other personnel with- clause: search programs. ‘‘(v) highlight the research and develop- out regard to the provisions of chapter 51 and SEC. 07. SENSE OF SENATE REGARDING PRO- subchapter III of chapter 53 of title 5, United ment technology transfer activities that pro- TECTING THE FREQUENCY SPEC- States Code, relating to classification of po- mote technology sharing among government, TRUM USED FOR AVIATION COMMU- sitions and General Schedule pay rates, ex- industry, and academia through the Steven- NICATION. cept that the rate of pay for the executive di- son-Wydler Technology Innovation Act of It is the sense of the Senate that with the rector and other personnel may not exceed 1980.’’; and World Radio Communication Conference the rate payable for level V of the Executive (2) in paragraph (3), by inserting ‘‘The re- scheduled to begin in May, 2000, and the need Schedule under section 5316 of such title. port shall be prepared in accordance with re- to ensure that the frequency spectrum avail- (3) DETAIL OF GOVERNMENT EMPLOYEES.— quirements of section 1116 of title 31, United able for aviation communication and naviga- Any Federal Government employee may be States Code.’’ after ‘‘effect for the prior fis- tion is adequate, the Federal Aviation Ad- detailed to the Commission without reim- cal year.’’. ministration should— bursement, and such detail shall be without (b) REQUIREMENT.—Not later than March 1, (1) give high priority to developing a na- interruption or loss of civil service status or 2000, the Administrator of the National Aero- tional policy to protect the frequency spec- privilege. nautics and Space Administration and the trum used for the Global Positioning System (4) PROCUREMENT OF TEMPORARY AND INTER- Administrator of the Federal Aviation Ad- that is critical to aviation communications MITTENT SERVICES.—The Chairperson of the ministration shall jointly prepare and trans- and the safe operation of aircraft; and Commission may procure temporary and mit to the Congress an integrated civil avia- (2) expedite the appointment of the United intermittent services under section 3109(b) of tion research and development plan. States Ambassador to the World Radio Com- title 5, United States Code, at rates for indi- (c) CONTENTS.—The plan required by sub- munication Conference. viduals which do not exceed the daily equiva- section (b) shall include— SEC. 08. STUDY. lent of the annual rate of basic pay pre- (1) an identification of the respective re- The Secretary shall conduct a study to scribed for level V of the Executive Schedule search and development requirements, roles, evaluate the applicability of the techniques under section 5316 of such title. and responsibilities of the National Aero- used to fund and administer research under (e) TERMINATION OF COMMISSION.—The Com- nautics and Space Administration and the the National Highway Cooperative Research mission shall terminate 90 days after the Federal Aviation Administration; Program and the National Transmit Re- date on which the Commission submits its (2) formal mechanisms for the timely shar- search Program to the research needs of air- report under subsection (b). ing of information between the National Aer- ports. October 5, 1999 CONGRESSIONAL RECORD — SENATE S11983 ROBB (AND OTHERS) AMENDMENT (2) unrestricted climbs; and (B) has jurisdiction in the vicinity of New- NO. 1910 (3) ocean routing. ark International Airport. SEC. ll03. AUTHORIZATION OF APPROPRIA- (2) DEMONSTRATION PROJECT.—The Sec- Mr. ROBB (for himself, Mr. SAR- TIONS. retary of Transportation (referred to in this BANES, and Ms. MIKULSKI) submitted an To carry out section ll02, there shall be subsection as the ‘‘Secretary’’) shall carry amendment intended to be proposed by available to the Administrator of the Fed- out a demonstration project to provide them to the bill, S. 82, supra; as fol- eral Aviation Administration out of the Air- grants to covered local governments to carry lows: port and Airway Trust Fund established out noise abatement activities (including under section 9502 of the Internal Revenue soundproofing buildings) to mitigate noise Beginning on page 153, strike line 1 and all Code of 1986, $6,000,000 for each of fiscal years attributable to an airport. that follows through line 21 on page 159. 2000 and 2001. (3) GRANTS.— (A) IN GENERAL.—Under the demonstration FEINSTEIN AMENDMENT 1911 AMENDMENT NO. 1913 project under this subsection, the Secretary Mr. MCCAIN (for Mrs. FEINSTEIN) pro- At the end of title IV of the Manager’s sub- shall, subject to the availability of funds, posed an amendment to the bill, S. 82, stitute amendment, add the following: award a grant to each local government that SEC. 454. SENSE OF CONGRESS REGARDING CON- submits an application that is satisfactory supra; as follows: SIDERATION OF OCEAN ROUTING to the Secretary to carry out a noise abate- At the appropriate place, insert the fol- PROCEDURES IN THE REDESIGN ment activity referred to in paragraph (2). THE EASTERN REGION AIRSPACE. lowing new section: (B) APPLICATION REQUIREMENTS.—Each ap- SEC. ll. STUDY OF OUTDOOR AIR, VENTILA- It is the sense of Congress that the Admin- plication submitted to the Secretary under TION, AND RECIRCULATION AIR RE- istrator of the Federal Aviation Administra- this paragraph shall contain documentation QUIREMENTS FOR PASSENGER CAB- tion should ensure that— (in a manner and form that is satisfactory to INS IN COMMERCIAL AIRCRAFT. (1) ocean routing procedures are considered the Secretary) that demonstrates— (a) DEFINITIONS.—In this section, the terms in the efforts to redesign the Eastern Region (i) adverse effects caused by noise resulting ‘‘air carrier’’ and ‘‘aircraft’’ have the mean- Airspace that ongoing as of the date of the from a large number of single-event flights ings given those terms in section 40102 of enactment of this Act; and (particularly single-event flights that occur title 49, United States Code. (2) community groups are involved in the between 10:00 P.M. and 7:00 A.M.); and (b) IN GENERAL.—As soon as practicable redesign process to the maximum extent (ii) complaints by residents of the geo- after the date of enactment of this section, practicable. graphic area with respect to which the local the Secretary of Transportation (referred to government has jurisdiction concerning the in this section as the ‘‘Secretary’’) shall con- TORRICELLI (AND OTHERS) noise described in clause (i). duct a study of sources of air supply con- AMENDMENT NO. 1914 (4) FUNDING.—Notwithstanding any other taminants of aircraft and air carriers to de- Mr. McCAIN (for Mr. TORRICELLI (for provision of law, to fund the demonstration velop alternatives to replace engine and aux- project under this subsection, the Secretary himself, Mr. MOYNIHAN, Mrs. MURRAY, iliary power unit bleed air as a source of air shall use a portion of the amounts made supply. To carry out this paragraph, the Sec- Mr. ROBB, and Mr. REED)) proposed an available to the Secretary for noise compat- retary may enter into an agreement with the amendment to the bill, S. 82, supra; as ibility planning and noise compatibility pro- Director of the National Academy of follows: grams under section 48103 of title 49, United Sciences for the National Research Council At the appropriate place in title IV, insert States Code, that would otherwise be used to to conduct the study. the following: carry out section 47504(c) or 47505(a)(2) of (c) AVAILABILITY OF INFORMATION.—Upon SEC. 4ll. STUDY. that title. completion of the study under this section in (a) IN GENERAL.—Not later than 18 months one year’s time, the Administrator of the after the date of enactment of this Act, the AMENDMENT NO. 1916 Federal Aviation Administration shall make Administrator of the Environmental Protec- At the appropriate place in title IV, insert available the results of the study to air car- tion Agency shall submit a study on airport the following: riers through the Aviation Consumer Protec- noise to Congress, the Secretary of Transpor- ll tion Division of the Office of the General SEC. 4 . REPORTING OF TOXIC CHEMICAL RE- tation, and the Administrator of the Federal Counsel for the Department of Transpor- LEASES. Aviation Administration. (a) IN GENERAL.—Not later than 180 days tation. (b) AREAS OF STUDY.—The study shall after the date of enactment of this Act, the examine— Administrator of the Environmental Protec- TORRICELLI AMENDMENTS NOS. (1) the selection of noise measurement tion Agency shall promulgate regulations re- 1912–1913 methodologies used by the Administrator of quiring each airport that regularly serves the Federal Aviation Administration; commercial or military jet aircraft to re- (Ordered to lie on the table.) (2) the threshold of noise at which health Mr. TORRICELLI submitted two port, under section 313 of the Emergency impacts are felt; Planning and Community Right-To-Know amendments intended to be proposed (3) the effectiveness of noise abatement Act of 1986 (42 U.S.C. 11023) and section 6607 by him to the bill, S. 82, supra; as fol- programs at airports around the United of the Pollution Prevention Act of 1990 (42 lows: States; and U.S.C. 13106), releases and other waste man- AMENDMENT NO. 1912 (4) the impacts of aircraft noise on stu- agement activities associated with the man- dents and educators in schools. ufacturing, processing, or other use of toxic At the appropriate place, insert the fol- (c) RECOMMENDATIONS.—The study shall in- lowing new title: chemicals listed under section 313 of the clude specific recommendations to the Sec- Emergency Planning and Community Right- ll TITLE —AIRSPACE REDESIGN retary of Transportation and the Adminis- To-Know Act of 1986 (42 U.S.C. 11023), includ- SEC. ll01. SHORT TITLE. trator of the Federal Aviation Administra- ing toxic chemicals manufactured, proc- This title may be cited as the ‘‘Airspace tion concerning new measures that should be essed, or otherwise used— Redesign Enhancement Act of 1999’’. implemented to mitigate the impact of air- (1) during operation and maintenance of craft noise on communities surrounding air- SEC. ll02. EXPEDITED REDESIGN OF CERTAIN aircraft and other motor vehicles at the air- AIRSPACE. ports. port; and (a) IN GENERAL.—As soon as practicable (2) in the course of other airport and air- after the date of enactment of this Act, but TORRICELLI AMENDMENTS NOS. line activities. not later than 2 years after that date, the 1915–1919 (b) TREATMENT AS A FACILITY.—For the Administrator of the Federal Aviation Ad- (Ordered to lie on the table.) purpose of subsection (a), an airport shall be considered to be a facility as defined in sec- ministration shall, as part of the national Mr. TORRICELLI submitted five airspace redesign activities of the Federal tion 329 of the Emergency Planning and Aviation Administration, redesign the air- amendments intended to be proposed Community Right-To-Know Act of 1986 (42 space over the New Jersey and New York by him to the bill, S. 82, supra; as fol- U.S.C. 11049). metropolitan area. lows: (c) FUNDING.—The Administrator of the (b) COMPUTER MODELS.—At the same time Amendment No. 1915 Environmental Protection Agency shall as the Administrator of the Federal Aviation On page 8, between lines 12 and 13, insert carry out this section using existing funds Administration carries out the activities the following: available to the Administrator. under subsection (a), the Administrator shall (c) DEMONSTRATION PROJECT.— develop and implement computer models (1) COVERED LOCAL GOVERNMENT.—In this AMENDMENT NO. 1917 that provide for a variety of departure and subsection, the term ‘‘covered local govern- At the appropriate place in title IV, insert arrival profiles for aircraft in the New Jersey ment’’ means a local government that— the following: and New York metropolitan area, including (A) is not an airport operator (as that term SEC. 4ll. RIGHT TO KNOW ABOUT AIRPORT profiles for— is defined in section 150.7 of title 14, Code of POLLUTION. (1) higher altitudes; Federal Regulations); and (a) FINDINGS.—Congress finds that— S11984 CONGRESSIONAL RECORD — SENATE October 5, 1999 (1) the serious ground level ozone, noise, (D) a representative of air quality dis- programs should be included in an effective water pollution, and solid waste disposal tricts; implementation of airport bubble method- problems attendant to airport operations re- (E) a representative of environmental re- ology; and quire a thorough evaluation of all significant search groups; (K) address the issues of air and noise pol- sources of pollution; (F) a representative of State Audubon So- lution source identification and regulation (2) the Clean Air Act (42 U.S.C. 7401 et cieties; that are unique to military air bases and sta- seq.)— (G) a representative of the Sierra Club; tions. (A) requires each State to reduce emissions (H) a representative of the Nature Conser- (4) REPORT.—Not later than 3 years after contributing to ground level ozone problems vancy; the date of enactment of this Act, the Ad- and maintain those reductions; and (I) a representative of port authorities of ministrator shall submit to Congress a re- (B) requires the Administrator of the Envi- States; port describing the results and recommenda- ronmental Protection Agency to study, in (J) an airport manager; tions of the study required by this sub- addition to other sources, the effects of spo- (K) a representative of commanding offi- section. radic, extreme noise (such as jet noise near cers of military air bases and stations; (e) STUDY OF EMISSION STANDARDS FOR AIR- airports) on public health and welfare; (L) a representative of the bus lines that PLANE ENGINES.— (3) the Federal Water Pollution Control serve airports who is familiar with the emis- (1) IN GENERAL.—The Administrator shall Act (33 U.S.C. 1251 et seq.) establishes a regu- sions testing and repair records of those conduct a study of air pollutant emission latory and enforcement program for dis- buses, the schedules of those lines, and any standards established by the Environmental charges of wastes into waters; problems with delays in service caused by Protection Agency for airplane engines to (4) the Safe Drinking Water Act (42 U.S.C. traffic congestion; determine whether it is feasible and desir- 300f et seq.) establishes primary drinking (M) a representative of the taxis and lim- able to strengthen the standards. water standards and a ground water control ousines that serve airports who is familiar (2) REPORT.—Not later than 2 years after program; with the emissions testing and repair records the date of enactment of this Act, the Ad- (5) the Solid Waste Disposal Act (42 U.S.C. of the taxis and limousines and the volume ministrator shall submit to Congress a re- 6901 et seq.) regulates management and dis- of business generated by the taxis and lim- port describing the results and recommenda- posal of solid and hazardous waste; ousines; tions of the study required by this sub- (6) a study of air pollution problems in (N) a representative of local law enforce- section. California— ment agencies or other entities responsible (f) PROGRESS REPORTS.—Not later than 1 (A) has determined that airports are sig- for traffic conditions in and around airports; year after the date of enactment of this Act, nificant sources of air pollution; and (O) a representative of the Air Transport and annually thereafter until the reports (B) has led to the creation of an airport Association; under subsections (d) and (e) are submitted, bubble concept; and (P) a representative of the Airports Coun- the Administrator shall submit to Congress (7) the airport bubble concept is an ap- cil International–North America; a report that details the progress being made proach that— (Q) a representative of environmental spe- by the Administrator in carrying out sub- (A) treats an airport and the area within a cialists from airport authorities; and sections (d) and (e). specific radius around the airport as a single (R) a representative from an aviation (g) FUNDING.—The Administrator shall source of pollution that emits a range of pol- union representing ground crews. carry out this section using existing funds lutants, including air, noise, water, and solid (3) REQUIRED ELEMENTS.—In conducting the available to the Administrator. waste; and study, the Administrator shall— (A) collect, analyze, and consider informa- (B) seeks, by implementation of specific AMENDMENT NO. 1918 programs or regulations, to reduce the pollu- tion on the variety of stationary and mobile tion from each source within the bubble and sources of air, noise, water, and solid waste At the appropriate place in title IV, insert thereby reduce the overall pollution in that pollution within airport bubbles around air- the following: area. ports in the United States, including— SEC. 4ll. RIGHT TO KNOW ABOUT AIRPORT (b) PURPOSE.—The purpose of this section (i) aircraft, vehicles, and equipment that POLLUTION. is to require the Administrator to conduct— service aircraft (including main and auxil- (a) FINDINGS.—Congress finds that— (1) a feasibility study for applying airport iary engines); and (1) the serious ground level ozone, noise, bubbles to airports as a method of assessing (ii) buses, taxis, and limousines that serve water pollution, and solid waste disposal and reducing, where appropriate, air, noise, airports; problems attendant to airport operations re- water, and solid waste pollution in and (B) study a statistically significant num- quire a thorough evaluation of all significant around the airports and improving overall ber of airports serving commercial aviation sources of pollution; environmental quality; and in a manner designed to obtain a representa- (2) the Clean Air Act (42 U.S.C. 7401 et (2) a study of air pollutant emission stand- tive sampling of such airports; seq.)— ards established by the Environmental Pro- (C) consider all relevant information that (A) requires each State to reduce emissions tection Agency for airplane engines to deter- is available, including State implementation contributing to ground level ozone problems mine whether it is feasible and desirable to plans under the Clean Air Act (42 U.S.C. 7401 and maintain those reductions; and strengthen the standards. et seq.) and airport master plans; (B) requires the Administrator of the Envi- (c) DEFINITIONS.—In this section: (D) consider the air quality implications of ronmental Protection Agency to study, in (1) ADMINISTRATOR.—The term ‘‘Adminis- airport and ground and in-flight aircraft op- addition to other sources, the effects of spo- trator’’ means the Administrator of the En- erations, such as routing and delays; radic, extreme noise (such as jet noise near vironmental Protection Agency. (E) assess the role of airports in interstate airports) on public health and welfare; (2) AIRPORT BUBBLE.—The term ‘‘airport and international travel and commerce and (3) the Federal Water Pollution Control bubble’’ means an area— the environmental and economic impact of Act (33 U.S.C. 1251 et seq.) establishes a regu- (A) in and around an airport (or other fa- regulating airports as significant sources of latory and enforcement program for dis- cility using aircraft) within which sources of air, noise, water, and solid waste pollution; charges of wastes into waters; pollution and levels of pollution from those (F) propose boundaries of the areas to be (4) the Safe Drinking Water Act (42 U.S.C. sources are to be identified and reduced; and included within airport bubbles; 300f et seq.) establishes primary drinking (B) containing a variety of types of air, (G) propose a definition of air pollutant water standards and a ground water control noise, water, and solid waste sources of pol- emissions for airport bubbles that includes program; lution in which the aggregate of each type of hydrocarbons, volatile organic compounds, (5) the Solid Waste Disposal Act (42 U.S.C. pollutant from the respective sources is reg- and other ozone precursors targeted for re- 6901 et seq.) regulates management and dis- ulated as if the various sources were a single duction under Federal air pollution law; posal of solid and hazardous waste; source. (H) develop an inventory of each source of (6) a study of air pollution problems in (d) STUDY OF USING AIRPORT BUBBLES.— air, noise, water, and solid waste pollution to California— (1) IN GENERAL.—The Administrator shall be regulated within airport bubbles and the (A) has determined that airports are sig- conduct a study to determine the feasibility level of reduction for each source; nificant sources of air pollution; and of regulating air, noise, water, and solid (I) list and evaluate programs that might (B) has led to the creation of an airport waste pollution from all sources in and be implemented to reduce air, noise, water, bubble concept; and around airports using airport bubbles. and solid waste pollution within airport bub- (7) the airport bubble concept is an ap- (2) WORKING GROUP.—In conducting the bles and the environmental and economic proach that— study, the Administrator shall establish and impact of each of the programs, including (A) treats an airport and the area within a consult with a working group comprised of— any changes to Federal or State law (includ- specific radius around the airport as a single (A) the Administrator of the Federal Avia- ing regulations) that would be required for source of pollution that emits a range of pol- tion Administration (or a designee); implementation of each of the programs; lutants, including air, noise, water, and solid (B) the Secretary of Defense (or a des- (J) evaluate the feasibility of regulating waste; and ignee); air, noise, water, and solid waste pollutants (B) seeks, by implementation of specific (C) the Secretary of Transportation (or a in and around airports using airport bubbles programs or regulations, to reduce the pollu- designee); and make recommendations regarding which tion from each source within the bubble and October 5, 1999 CONGRESSIONAL RECORD — SENATE S11985

thereby reduce the overall pollution in that pollution within airport bubbles around air- (2) AREAS OF STUDY.—The study shall area. ports in the United States, including— examine— (b) PURPOSE.—The purpose of this section (i) aircraft, vehicles, and equipment that (A) the selection of noise measurement is to require the Administrator to conduct— service aircraft (including main and auxil- methodologies used by the Administrator of (1) a feasibility study for applying airport iary engines); and the Federal Aviation Administration; bubbles to airports as a method of assessing (ii) buses, taxis, and limousines that serve (B) the threshold of noise at which health and reducing, where appropriate, air, noise, airports; impacts are felt; and water, and solid waste pollution in and (B) study a statistically significant num- (C) the effectiveness of noise abatement around the airports and improving overall ber of airports serving commercial aviation programs at airports around the United environmental quality; and in a manner designed to obtain a representa- States. (2) a study of air pollutant emission stand- tive sampling of such airports; (3) RECOMMENDATIONS.—The study shall in- ards established by the Environmental Pro- (C) consider all relevant information that clude specific recommendations to the Sec- tection Agency for airplane engines to deter- is available, including State implementation retary of Transportation and the Adminis- mine whether it is feasible and desirable to plans under the Clean Air Act (42 U.S.C. 7401 trator of the Federal Aviation Administra- strengthen the standards. et seq.) and airport master plans; tion concerning new measures that should be (c) DEFINITIONS.—In this section: (D) consider the air quality implications of implemented to mitigate the impact of air- (1) ADMINISTRATOR.—The term ‘‘Adminis- airport and ground and in-flight aircraft op- craft noise on communities surrounding air- trator’’ means the Administrator of the En- erations, such as routing and delays; ports. vironmental Protection Agency. (E) assess the role of airports in interstate (h) FUNDING.—The Administrator shall (2) AIRPORT BUBBLE.—The term ‘‘airport and international travel and commerce and carry out this section using existing funds bubble’’ means an area— the environmental and economic impact of available to the Administrator. (A) in and around an airport (or other fa- regulating airports as significant sources of cility using aircraft) within which sources of air, noise, water, and solid waste pollution; AMENDMENT NO. 1919 pollution and levels of pollution from those (F) propose boundaries of the areas to be At the appropriate place in title IV, insert sources are to be identified and reduced; and included within airport bubbles; the following: (B) containing a variety of types of air, (G) propose a definition of air pollutant SEC. 4ll. QUIET COMMUNITIES. noise, water, and solid waste sources of pol- emissions for airport bubbles that includes (a) FINDINGS.—Congress finds that— lution in which the aggregate of each type of hydrocarbons, volatile organic compounds, (1)(A) for too many citizens of the United pollutant from the respective sources is reg- and other ozone precursors targeted for re- States, noise from aircraft, vehicular traffic, ulated as if the various sources were a single duction under Federal air pollution law; and a variety of other sources is a constant source. (H) develop an inventory of each source of source of torment; and (d) STUDY OF USING AIRPORT BUBBLES.— air, noise, water, and solid waste pollution to (B) nearly 20,000,000 citizens of the United (1) IN GENERAL.—The Administrator shall be regulated within airport bubbles and the States are exposed to noise levels that can conduct a study to determine the feasibility level of reduction for each source; lead to psychological and physiological dam- of regulating air, noise, water, and solid (I) list and evaluate programs that might age, and another 40,000,000 people are exposed waste pollution from all sources in and be implemented to reduce air, noise, water, to noise levels that cause sleep or work dis- around airports using airport bubbles. and solid waste pollution within airport bub- ruption; (2) WORKING GROUP.—In conducting the bles and the environmental and economic (2)(A) chronic exposure to noise has been study, the Administrator shall establish and impact of each of the programs, including linked to increased risk of cardiovascular consult with a working group comprised of— any changes to Federal or State law (includ- problems, strokes, and nervous disorders; (A) the Administrator of the Federal Avia- ing regulations) that would be required for and tion Administration (or a designee); implementation of each of the programs; (B) excessive noise causes sleep deprivation (B) the Secretary of Defense (or a des- (J) evaluate the feasibility of regulating and task interruptions, which pose untold ignee); air, noise, water, and solid waste pollutants costs on society in diminished worker pro- (C) the Secretary of Transportation (or a in and around airports using airport bubbles ductivity; designee); and make recommendations regarding which (3)(A) to carry out the Clean Air Act (42 (D) a representative of air quality dis- programs should be included in an effective U.S.C. 7401 et seq.), the Noise Control Act of tricts; implementation of airport bubble method- 1972 (42 U.S.C. 4901 et seq.), and section 8 of (E) a representative of environmental re- ology; and the Quiet Communities Act of 1978 (92 Stat. search groups; (K) address the issues of air and noise pol- 3084), the Administrator of the Environ- (F) a representative of State Audubon So- lution source identification and regulation mental Protection Agency established an Of- cieties; that are unique to military air bases and sta- fice of Noise Abatement and Control; (G) a representative of the Sierra Club; tions. (B) the responsibilities of the Office of (H) a representative of the Nature Conser- (4) REPORT.—Not later than 3 years after Noise Abatement and Control included pro- vancy; the date of enactment of this Act, the Ad- mulgating noise emission standards, requir- (I) a representative of port authorities of ministrator shall submit to Congress a re- ing product labeling, facilitating the devel- States; port describing the results and recommenda- opment of low emission products, coordi- (J) an airport manager; tions of the study required by this sub- nating Federal noise reduction programs, as- (K) a representative of commanding offi- section. sisting State and local abatement efforts, cers of military air bases and stations; (e) STUDY OF EMISSION STANDARDS FOR AIR- and promoting noise education and research; (L) a representative of the bus lines that PLANE ENGINES.— and serve airports who is familiar with the emis- (1) IN GENERAL.—The Administrator shall (C) funding for the Office of Noise Abate- sions testing and repair records of those conduct a study of air pollutant emission ment and Control was terminated in 1982, buses, the schedules of those lines, and any standards established by the Environmental and no funds have been provided since; problems with delays in service caused by Protection Agency for airplane engines to (4) because of the lack of funding for the traffic congestion; determine whether it is feasible and desir- Office of Noise Abatement and Control, and (M) a representative of the taxis and lim- able to strengthen the standards. because the Noise Control Act of 1972 (42 ousines that serve airports who is familiar (2) REPORT.—Not later than 2 years after U.S.C. 4901 et seq.) prohibits State and local with the emissions testing and repair records the date of enactment of this Act, the Ad- governments from regulating noise sources of the taxis and limousines and the volume ministrator shall submit to Congress a re- in many situations, noise abatement pro- of business generated by the taxis and lim- port describing the results and recommenda- grams across the United States lie dormant; ousines; tions of the study required by this sub- (5) as the population grows and air and ve- (N) a representative of local law enforce- section. hicle traffic continues to increase, noise pol- ment agencies or other entities responsible (f) PROGRESS REPORTS.—Not later than 1 lution is likely to become an even greater for traffic conditions in and around airports; year after the date of enactment of this Act, problem in the future; and (O) a representative of the Air Transport and annually thereafter until the reports (6) the health and welfare of the citizens of Association; under subsections (d) and (e) are submitted, the United States demands that the Environ- (P) a representative of the Airports Coun- the Administrator shall submit to Congress mental Protection Agency once again as- cil International–North America; a report that details the progress being made sume a role in combating noise pollution. (Q) a representative of environmental spe- by the Administrator in carrying out sub- (b) TRANSFER OF NOISE ABATEMENT DU- cialists from airport authorities; and sections (d) and (e). TIES.—Section 402 of the Noise Pollution and (R) a representative from an aviation (g) STUDY ON AIRPORT NOISE.— Abatement Act of 1970 (42 U.S.C. 7641) is union representing ground crews. (1) IN GENERAL.—Not later than 18 months amended— (3) REQUIRED ELEMENTS.—In conducting the after the date of enactment of this Act, the (1) in subsection (a)— study, the Administrator shall— Administrator shall submit a study on air- (A) in paragraph (2), by redesignating sub- (A) collect, analyze, and consider informa- port noise to Congress, the Secretary of paragraphs (A) through (G) as clauses (i) tion on the variety of stationary and mobile Transportation, and the Administrator of through (vii) and indenting appropriately; sources of air, noise, water, and solid waste the Federal Aviation Administration. and S11986 CONGRESSIONAL RECORD — SENATE October 5, 1999 (B) by striking ‘‘(a) The Administrator’’ LAUTENBERG AMENDMENT NO. ‘‘(b) INFORMATION ON INCIDENCE OF ANIMALS and all that follows through ‘‘(2) determine— 1921 IN AIR TRANSPORT.—Not later than 2 years ’’ and inserting the following: after the date of enactment of this sub- ‘‘(a) DUTIES RELATING TO NOISE ABATEMENT Mr. LAUTENBERG proposed an section, the Secretary shall require each air- AND CONTROL.—The Administrator shall as- amendment to the bill S. 82, supra; as line carrier to— sign to the Office of Air and Radiation the follows: ‘‘(1) submit to the Secretary real-time in- duties— At the end of the bill, add the following: formation (as the information becomes ‘‘(1) to coordinate Federal noise abatement available, but at least 24 hours in advance of TITLE ll—TRANSPORTATION OF activities; a departing flight) on each flight that will be ANIMALS ‘‘(2) to update or develop noise standards; carrying a live animal, including— ‘‘(3) to provide technical assistance to SEC. l01. SHORT TITLE; TABLE OF CONTENTS. ‘‘(A) the flight number; local communities; (a) SHORT TITLE.—This title may be cited ‘‘(B) the arrival and departure points of the ‘‘(4) to promote research and education on as the ‘‘Safe Air Travel for Animals Act’’. flight; the impacts of noise pollution; and (b) TABLE OF CONTENTS.—The table of con- ‘‘(C) the date and times of the flight; and ‘‘(5) to carry out a complete investigation tents of this title is as follows: ‘‘(D) a description of the number and types and study of noise and its effect on the pub- Sec. l01. Short title; table of contents. of animals aboard the flight; and lic health and welfare in order to— Sec. l02. Findings. ‘‘(2) ensure that the flight crew of an air- ‘‘(A) identify and classify causes and SUBTITLE A—ANIMAL WELFARE craft is notified of the number and types of sources of noise; and animals, if any, on each flight of the crew.’’. Sec. l11. Definition of transport. ‘‘(B) determine—’’; and l Sec. l12. Information on incidence of ani- SEC. 13. REPORTS BY CARRIERS ON INCIDENTS (2) by adding at the end the following: INVOLVING ANIMALS DURING AIR ‘‘(d) EMPHASIZED APPROACHES.—In carrying mals in air transport. TRANSPORT. l out paragraphs (1) through (4) of subsection Sec. 13. Reports by carriers on incidents Section 19 of the Animal Welfare Act (7 (a), the Administrator shall emphasize noise involving animals during air U.S.C. 2149) is amended by adding at the end abatement approaches that rely on State and transport. the following: l local activity, market incentives, and co- Sec. 14. Annual reports. ‘‘(e) REPORTS BY CARRIERS ON INCIDENTS IN- ordination with other public and private SUBTITLE B—TRANSPORTATION VOLVING ANIMALS DURING AIR TRANSPORT.— agencies.’’. Sec. l21. Policies and procedures for trans- ‘‘(1) IN GENERAL.—An airline carrier that (c) AUTHORIZATION OF APPROPRIATIONS.— porting animals. causes, or is otherwise involved in or associ- Section 403 of the Noise Pollution and Abate- Sec. l22. Civil penalties and compensation ated with, an incident involving the loss, in- ment Act of 1970 (42 U.S.C. 7642) is amended— for loss, injury, or death of ani- jury, death or mishandling of an animal dur- (1) by inserting ‘‘(a) IN GENERAL.—’’ before mals during air transport. ing air transport shall submit a report to the ‘‘There is’’; and Sec. l23. Cargo hold improvements to pro- Secretary of Agriculture and the Secretary (2) by adding at the end the following: tect animal health and safety. of Transportation that provides a complete ‘‘(b) ADDITIONAL AMOUNTS.—In addition to l description of the incident. amounts made available under subsection SEC. 02. FINDINGS. Congress finds that— ‘‘(2) ADMINISTRATION.—Not later than 90 (a), there are authorized to be appropriated days after the date of enactment of this sub- to carry out this title— (1) animals are live, sentient creatures, with the ability to feel pain and suffer; section, the Secretary of Agriculture, in con- ‘‘(1) $5,000,000 for each of fiscal years 2000, sultation with the Secretary of Transpor- 2001, and 2002; and (2) it is inappropriate for animals trans- ported by air to be treated as baggage; tation, shall issue regulations that specify— ‘‘(2) $8,000,000 for each of fiscal years 2003 ‘‘(A) the type of information that shall be and 2004.’’. (3) according to the Air Transport Associa- tion, over 500,000 animals are transported by included in a report required under para- (d) CONFORMING AMENDMENTS.—Section 7(b) graph (1), including— of the Environmental Research, Develop- air each year and as many as 5,000 of those animals are lost, injured, or killed; ‘‘(i) the date and time of an incident; ment, and Demonstration Authorization Act ‘‘(ii) the location and environmental condi- of 1978 (42 U.S.C. 4364(b)) is amended— (4) most injuries to animals traveling by airplane are due to mishandling by baggage tions of the incident site; (1) by striking paragraph (1) and inserting ‘‘(iii) the probable cause of the incident; the following: personnel, severe temperature fluctuations, insufficient oxygen in cargo holds, or dam- and ‘‘(1) the Office of Air and Radiation, for air ‘‘(iv) the remedial action of the carrier; quality and noise abatement activities;’’; age to kennels; (5) there are no Federal requirements that and (2) in paragraph (5), by inserting ‘‘and’’ at ‘‘(B) a mechanism for notifying the public the end; airlines report incidents of animal loss, in- jury, or death; concerning the incident. (3) in paragraph (6), by striking ‘‘; and’’ and ONSUMER INFORMATION.—The Sec- (6) members of the public have no informa- ‘‘(3) C inserting a period; and retary of Transportation shall include infor- tion to use in choosing an airline based on (4) by striking paragraph (7). mation received under paragraph (1) in the its record of safety with regard to trans- Air Travel Consumer Reports and other con- porting animals; BOXER AMENDMENT NO. 1920 sumer publications of the Department of (7) the last congressional action on ani- Transportation in a separate category of in- Mr. MCCAIN (for Mrs. BOXER) pro- mals transported by air was conducted over formation. posed an amendment to the bill, S. 82, 22 years ago; and ‘‘(4) CONSUMER COMPLAINTS.—Not later (8) the conditions of cargo holds of air- supra; as follows: than 15 days after receiving a consumer com- planes must be improved to protect the Insert on page 126, line 16, a new subsection plaint concerning the loss, injury, death or health, and ensure the safety, of transported (f) and renumber accordingly, mishandling of an animal during air trans- animals. ‘‘(f) TECHNICAL ASSISTANCE.— port, the Secretary of Transportation shall (1) IN GENERAL.—Participants carrying out Subtitle A—Animal Welfare provide a description of the complaint to the inherently low-emission vehicle activities SEC. l11. DEFINITION OF TRANSPORT. Secretary of Agriculture.’’. under this pilot program may use no less Section 2 of the Animal Welfare Act (7 SEC. l14. ANNUAL REPORTS. than 10 percent of the amounts made avail- U.S.C. 2132) is amended by adding at the end Section 25 of the Animal Welfare Act (7 able for expenditure at the airport under the the following: U.S.C. 2155) is amended in the first pilot program to receive technical assistance ‘‘(p) TRANSPORT.—The term ‘transport’, sentence— in carrying out such activities. when used with respect to the air transport (1) in paragraph (4), by striking ‘‘and’’ at (2) ELIGIBLE CONSORTIUM.—To the max- of an animal by a carrier, means the trans- imum extent practicable, participants in the the end; port of the animal during the period the ani- pilot program shall use in an eligible consor- (2) in paragraph (5), by striking the period mal is in the custody of the carrier, from tium (as defined in section 5506 of this title) at the end and inserting ‘‘; and’’; and check-in of the animal prior to departure in the region of the airport to receive tech- (3) by adding at the end the following: until the animal is returned to the owner or nical assistance described in paragraph (1). ‘‘(6) a summary of— guardian of the animal at the final destina- (3) PLANNING ASSISTANCE.—The Adminis- ‘‘(A) incidents involving the loss, injury, or trator may provide $500,000 from funds made tion of the animal.’’. death of animals transported by airline car- available under section 48103 to a multi-state SEC. l12. INFORMATION ON INCIDENCE OF ANI- riers; and western regional technology consortium for MALS IN AIR TRANSPORT. ‘‘(B) consumer complaints regarding the the purposes of developing for dissemination Section 6 of the Animal Welfare Act (7 incidents.’’. prior to the commencement of the pilot pro- U.S.C. 2136) is amended— Subtitle B—Transportation gram a comprehensive best practices plan- (1) by striking ‘‘SEC. 6. Every’’ and insert- SEC. l21. POLICIES AND PROCEDURES FOR ning guide that addresses appropriate tech- ing the following: TRANSPORTING ANIMALS. nologies, environmental and economic im- ‘‘SEC. 6. REGISTRATION. (a) IN GENERAL.—Subchapter I of chapter pacts, an the role of planning and mitigation ‘‘(a) IN GENERAL.—Each’’; and 417 of title 49, United States Code, is amend- strategies. (2) by adding at the end the following: ed by adding at the end the following: October 5, 1999 CONGRESSIONAL RECORD — SENATE S11987 ‘‘§ 41716. Policies and procedures for trans- district in which the carrier is found or re- (1) by more than 2 hours after the regularly porting animals sides or transacts business, to collect the schedule arrival time for the original flight, ‘‘An air carrier shall establish and include penalty. but less than 4 hours after that time, then in each contract of carriage under part 253 of ‘‘(B) PENALTIES.—The court shall have ju- the air carrier shall provide the passenger title 14, Code of Federal Regulations (or any risdiction to hear and decide an action with cash or an airline voucher in the successor regulation) policies and procedures brought under subparagraph (A). amount equal to twice the value of the tick- of the carrier for transporting animals safe- ‘‘(c) COMPENSATION.—If an animal is lost, et; or ly, including— injured, or dies in transport by a carrier, un- (2) for more than 4 hours after the regu- ‘‘(1) training requirements for airline per- less the carrier proves that the carrier did larly schedule arrival time for the original sonnel in the proper treatment of animals not cause, and was not otherwise involved in flight, then the air carrier shall provide the being transported; or associated with, the loss, injury, or death passenger with cash or an airline voucher in ‘‘(2) information on the risks associated of the animal, the owner of the animal shall the amount equal to 3 times the value of the with air travel for animals; be entitled to compensation from the carrier ticket. ‘‘(3) a description of the conditions under in an amount that— (c) DELAYS IN DEPARTURES.—If the earliest which animals are transported; ‘‘(1) is not less than 2 times any limitation transportation offered by an air carrier to a ‘‘(4) the safety record of the carrier with established by the carrier for loss or damage passenger denied transportation as described respect to transporting animals; and to baggage under part 254 of title 14, Code of in subsection (a) is on a day after the day of ‘‘(5) plans for handling animals prior to Federal Regulations (or any successor regu- the scheduled flight on which the passenger and after flight, and when there are flight lation); and has reserved and paid for seating, then the delays or other circumstances that may af- ‘‘(2) includes all veterinary and other re- air carrier shall pay the passenger the fect the health or safety of an animal during lated costs that are documented and initi- amount equal to the greater of— transport.’’. ated not later than 1 year after the incident (1) $1,000; or (b) TABLE OF CONTENTS.—The analysis for that caused the loss, injury, or death of the (2) 3 times the value of the ticket. chapter 417 of title 49, United States Code, is animal.’’. (d) RELATIONSHIP OF BENEFITS.— amended by adding at the end of the items (b) TABLE OF CONTENTS.—The analysis for (1) GENERAL AND DELAY BENEFITS.—Benefits chapter 463 of title 49, United States Code, is relating to subchapter I the following: due a passenger under subsection (b) or (c) amended by adding at the end the following: ‘‘41716. Policies and procedures for trans- are in addition to benefits due a passenger ‘‘46317. Civil penalties and compensation for porting animals.’’. under subsection (a) with respect to the l loss, injury, or death of animals same denial of transportation. SEC. 22. CIVIL PENALTIES AND COMPENSATION during air transport.’’. FOR LOSS, INJURY, OR DEATH OF (2) DELAY BENEFITS.—A passenger may not ANIMALS DURING AIR TRANSPORT. SEC. l23. CARGO HOLD IMPROVEMENTS TO PRO- receive benefits under both subsection (b) (a) IN GENERAL.—Chapter 463 of title 49, TECT ANIMAL HEALTH AND SAFETY. and subsection (c) with respect to the same United States Code, is amended by adding at (a) IN GENERAL.—To protect the health and denial of transportation. A passenger eligible the end the following: safety of animals in transport, the Secretary for benefits under both subsections shall re- of Transportation shall— ‘‘§ 46317. Civil penalties and compensation for ceive the greater benefit payable under those (1) in conjunction with requiring certain subsections. loss, injury, or death of animals during air transport category airplanes used in pas- transport (e) CIVIL PENALTY.—An air carrier that senger service to replace class D cargo or fails to provide a summary of passenger’s ‘‘(a) DEFINITIONS.—In this section: baggage compartments with class C cargo or rights to one or more passengers on a flight ‘‘(1) CARRIER.—The term ‘carrier’ means a baggage compartments under parts 25, 121, when required to do so under subsection person (including any employee, contractor, and 135 of title 14, Code of Federal Regula- (a)(1) shall pay the Federal Aviation Admin- or agent of the person) operating an aircraft tions, to install, to the maximum extent istration a civil penalty in the amount of for the transportation of passengers or prop- practicable, systems that permit positive $1,000. erty for compensation. airflow and heating and cooling for animals (f) DEFINITIONS.—In this section: ‘‘(2) TRANSPORT.—The term ‘transport’, that are present in cargo or baggage com- (1) AIRLINE TICKET.—The term ‘‘airline when used with respect to the air transport partments; and ticket’’ includes any electronic verification of an animal by a carrier, means the trans- (2) effective beginning January 1, 2001, pro- of a reservation that is issued by the airline port of the animal during the period the ani- hibit the transport of an animal by any car- in place of a ticket. mal is in the custody of a carrier, from rier in a cargo or baggage compartment that (2) VALUE.—The term ‘‘value’’, with respect check-in of the animal prior to departure fails to include a system described in para- to an airline ticket, means the value of the until the animal is returned to the owner or graph (1). remaining unused portion of the airline tick- guardian of the animal at the final destina- (b) REPORT.—Not later than March 31, 2002, et on the scheduled flight. tion of the animal. the Secretary shall submit a report to Con- (3) WITHOUT CONSENT OF THE PASSENGER.— ‘‘(b) CIVIL PENALTIES.— gress that describes actions that have been The term ‘‘without consent of the pas- ‘‘(1) IN GENERAL.—The Secretary may as- taken to carry out subsection (a). sess a civil penalty of not more than $5,000 senger’’, with respect to a denial of transpor- tation to a passenger means a passenger, is for each violation on, or issue a cease and de- LAUTENBERG AMENDMENT NO. sist order against, any carrier that causes, or denied transportation under subsection (a) is otherwise involved in or associated with, 1922 for reasons other than weather or safety. the loss, injury, or death of an animal during Mr. LAUTENBERG proposed an air transport. amendment to the bill S. 82, supra; as HATCH (AND OTHERS) ‘‘(2) CEASE AND DESIST ORDERS.—A carrier follows: AMENDMENT NO. 1923 who knowingly fails to obey a cease and de- At the end of title IV, insert the following (Ordered to lie on the table.) sist order issued by the Secretary under this new section: subsection shall be subject to a civil penalty Mr. HATCH (for himself, Mr. LEAHY, SEC. 454. REQUIREMENTS APPLICABLE TO AIR and Mr. THURMOND) submitted an of $1,500 for each offense. CARRIERS THAT BUMP PASSENGERS ‘‘(3) SEPARATE OFFENSES.—For purposes of INVOLUNTARILY. amendment intended to be proposed by determining the amount of a penalty im- (a) IN GENERAL.—If an air carrier denies a them to the bill S. 82, supra; as follows: posed under this subsection, each violation passenger, without the consent of the pas- At the appropriate place, insert the fol- and each day during which a violation con- senger, transportation on a scheduled flight lowing: tinues shall be a separate offense. for which the passenger has made a reserva- SEC. ll. PREVENTION OF FRAUDS INVOLVING ‘‘(4) FACTORS.—In determining whether to tion and paid— AIRCRAFT OR SPACE VEHICLE assess a civil penalty under this subsection (1) the air carrier shall provide the pas- PARTS IN INTERSTATE OR FOREIGN and the amount of the civil penalty, the Sec- senger with a one-page summary of the pas- COMMERCE. retary shall consider— senger’s rights to transportation, services, (a) SHORT TITLE.—This section may be ‘‘(A) the size and financial resources of the compensation, and other benefits resulting cited as the ‘‘Aircraft Safety Act of 1999’’. business of the carrier; from the denial of transportation; (b) DEFINITIONS.—Section 31 of title 18, ‘‘(B) the gravity of the violation; (2) the passenger may select comparable United States Code, is amended by striking ‘‘(C) the good faith of the carrier; and transportation (as defined by the air carrier), all after the section heading and inserting ‘‘(D) any history of previous violations by with accommodations if needed, or a cash re- the following: the carrier. fund; and ‘‘(a) IN GENERAL.— ‘‘(5) COLLECTION OF PENALTIES.— (3) the air carrier shall provide the pas- ‘‘(1) AIRCRAFT.—The term ‘aircraft’ means ‘‘(A) IN GENERAL.—On the failure of a car- senger with cash or a voucher in the amount a civil, military, or public contrivance in- rier to pay a civil penalty assessed by a final that is equal to the value of the ticket. vented, used, or designed to navigate, fly, or order under this section, the Secretary shall (b) DELAYS IN ARRIVALS.—If, by reason of a travel in the air. request the Attorney General to institute a denial of transportation covered by sub- ‘‘(2) AVIATION QUALITY.—The term ‘aviation civil action in a district court of the United section (a), a passenger’s arrival at the pas- quality’, with respect to a part of an aircraft States or other United States court for any senger’s destination is delayed— or space vehicle, means the quality of having S11988 CONGRESSIONAL RECORD — SENATE October 5, 1999

been manufactured, constructed, produced, on or in any aircraft or space vehicle any ‘‘(e) CONSTRUCTION WITH OTHER LAW.—This repaired, overhauled, rebuilt, reconditioned, aircraft or space vehicle part using or by section does not preempt or displace any or restored in conformity with applicable means of a fraudulent representation, docu- other remedy, civil or criminal, provided by standards specified by law (including a regu- ment, record, certification, depiction, data Federal or State law for the fraudulent im- lation) or contract. plate, label, or electronic communication; or portation, sale, trade, installation, or intro- ‘‘(3) DESTRUCTIVE SUBSTANCE.—The term ‘‘(3) attempts or conspires to commit an of- duction into commerce of an aircraft or ‘destructive substance’ means an explosive fense described in paragraph (1) or (2); space vehicle part. substance, flammable material, infernal ma- shall be punished as provided in subsection ‘‘(f) TERRITORIAL SCOPE.—This section ap- chine, or other chemical, mechanical, or ra- (b). plies to conduct occurring inside or outside dioactive device or matter of a combustible, ‘‘(b) PENALTIES.—The punishment for an the United States. contaminative, corrosive, or explosive na- offense under subsection (a) is as follows: ‘‘(g) AUTHORIZED INVESTIGATIVE DEMAND ture. ‘‘(1) AVIATION QUALITY.—If the offense re- PROCEDURES.— ‘‘(1) AUTHORIZATION.— ‘‘(4) IN FLIGHT.—The term ‘in flight’ lates to the aviation quality of a part and ‘‘(A) SUBPOENAS.—In any investigation re- means— the part is installed in an aircraft or space lating to any act or activity involving an of- ‘‘(A) any time from the moment at which vehicle, a fine of not more than $500,000, im- fense under this section, the Attorney Gen- all the external doors of an aircraft are prisonment for not more than 25 years, or eral may issue in writing and cause to be closed following embarkation until the mo- both. served a subpoena— ment when any such door is opened for dis- ‘‘(2) FAILURE TO OPERATE AS REP- ‘‘(i) requiring the production of any record embarkation; and RESENTED.—If, by reason of the failure of the part to operate as represented, the part to (including any book, paper, document, elec- ‘‘(B) in the case of a forced landing, until which the offense is related is the probable tronic medium, or other object or tangible competent authorities take over the respon- cause of a malfunction or failure that results thing) that may be relevant to an authorized sibility for the aircraft and the persons and in serious bodily injury (as defined in section law enforcement inquiry, that a person or property on board. 1365) to or the death of any person, a fine of legal entity may possess or have care or cus- ‘‘(5) IN SERVICE.—The term ‘in service’ not more than $1,000,000, imprisonment for tody of or control over; and means— any term of years or life, or both. ‘‘(ii) requiring a custodian of a record to ‘‘(A) any time from the beginning of pre- ‘‘(3) ORGANIZATIONS.—If the offense is com- give testimony concerning the production flight preparation of an aircraft by ground mitted by an organization, a fine of not more and authentication of the record. personnel or by the crew for a specific flight than $25,000,000. ‘‘(B) CONTENTS.—A subpoena under sub- until 24 hours after any landing; and ‘‘(4) OTHER CIRCUMSTANCES.—In the case of paragraph (A) shall— ‘‘(B) in any event includes the entire pe- an offense not described in paragraph (1), (2), ‘‘(i) describe the object required to be pro- riod during which the aircraft is in flight. or (3), a fine under this title, imprisonment duced; and ‘‘(6) MOTOR VEHICLE.—The term ‘motor ve- for not more than 15 years, or both. ‘‘(ii) prescribe a return date within a rea- hicle’ means every description of carriage or ‘‘(c) CIVIL REMEDIES.— sonable period of time within which the ob- other contrivance propelled or drawn by me- ‘‘(1) IN GENERAL.—The district courts of the ject can be assembled and produced. chanical power and used for commercial pur- United States shall have jurisdiction to pre- ‘‘(C) LIMITATION.—The production of a poses on the highways in the transportation vent and restrain violations of this section record shall not be required under this sec- of passengers, passengers and property, or by issuing appropriate orders, including— tion at any place more than 500 miles from property or cargo. ‘‘(A) ordering a person CONVICTED OF AN OF- the place at which the subpoena for the pro- ‘‘(7) PART.—The term ‘part’ means a frame, FENSE UNDER THIS SECTION to divest any in- duction of the record is served. assembly, component, appliance, engine, pro- terest, direct or indirect, in any enterprise, ‘‘(D) WITNESS FEES.—A witness summoned peller, material, part, spare part, piece, sec- or to destroy, or to mutilate and sell as under this section shall be paid the same fees tion, or related integral or auxiliary equip- scrap, aircraft material or part inventories and mileage as are paid witnesses in courts ment. or stocks; of the United States. ‘‘(8) SPACE VEHICLE.—The term ‘space vehi- ‘‘(B) imposing reasonable restrictions on ‘‘(b) SERVICE.— cle’ means a man-made device, either the future activities or investments of any ‘‘(1) IN GENERAL.—A subpoena issued under manned or unmanned, designed for operation such person, including prohibiting engage- subsection (a) may be served by any person beyond the Earth’s atmosphere. ment in the same type of endeavor as used to who is at least 18 years of age and is des- ‘‘(9) STATE.—The term ‘State’ means a commit the offense; and ignated in the subpoena to serve the sub- State of the United States, the District of ‘‘(C) ordering dissolution or reorganization poena. Columbia, and any commonwealth, territory, of any enterprise, making due provisions for ‘‘(2) NATURAL PERSONS.—Service of a sub- or possession of the United States. the rights and interests of innocent persons. poena issued under subsection (a) on a nat- ‘‘(10) USED FOR COMMERCIAL PURPOSES.— ‘‘(2) RESTRAINING ORDERS AND PROHIBI- ural person may be made by personal deliv- The term ‘used for commercial purposes’ TION.—Pending final determination of a pro- ery of the subpoena to the person. means the carriage of persons or property for ceeding brought under this section, the court ‘‘(3) CORPORATIONS AND OTHER ORGANIZA- any fare, fee, rate, charge or other consider- may enter such restraining orders or prohibi- TIONS.—Service of a subpoena issued under ation, or directly or indirectly in connection tions, or take such other actions (including subsection (a) on a domestic or foreign cor- with any business, or other undertaking in- the acceptance of satisfactory performance poration or on a partnership or other unin- tended for profit. bonds) as the court deems proper. corporated association that is subject to suit ‘‘(b) TERMS DEFINED IN OTHER LAW.—In ‘‘(3) ESTOPPEL.—A final judgment rendered under a common name may be made by de- this chapter, the terms ‘aircraft engine’, ‘air in favor of the United States in any criminal livering the subpoena to an officer, to a man- navigation facility’, ‘appliance’, ‘civil air- proceeding brought under this section shall aging or general agent, or to any other agent craft’, ‘foreign air commerce’, ‘interstate air estop the defendant from denying the essen- authorized by appointment or by law to re- commerce’, ‘landing area’, ‘overseas air com- tial allegations of the criminal offense in ceive service of process for the corporation, merce’, ‘propeller’, ‘spare part’, and ‘special any subsequent civil proceeding brought by partnership, or association. aircraft jurisdiction of the United States’ the United States. ‘‘(4) PROOF OF SERVICE.—The affidavit of have the meanings given those terms in sec- ‘‘(d) CRIMINAL FORFEITURE.— the person serving the subpoena entered or a tions 40102(a) and 46501 of title 49.’’. ‘‘(1) IN GENERAL.—The court, in imposing true copy of such an affidavit shall be proof (c) FRAUD.— sentence on any person convicted of an of- of service. (1) IN GENERAL.—Chapter 2 of title 18, fense under this section, shall order, in addi- ‘‘(c) ENFORCEMENT.— United States Code, is amended by adding at tion to any other sentence and irrespective ‘‘(1) IN GENERAL.—In the case of a failure to the end the following: of any provision of State law, that the per- comply with a subpoena issued under sub- ‘‘§ 38. Fraud involving aircraft or space vehi- son forfeit to the United States— section (a), the Attorney General may in- cle parts in interstate or foreign commerce ‘‘(A) any property constituting, or derived voke the aid of any court of the United ‘‘(a) OFFENSES.—A person that, in or affect- from, any proceeds that the person obtained, States within the jurisdiction of which the ing interstate or foreign commerce, directly or indirectly, as a result of the of- investigation is carried on or of which the knowingly— fense; and subpoenaed person is an inhabitant, or in ‘‘(1)(A) falsifies or conceals a material fact; ‘‘(B) any property used, or intended to be which the subpoenaed person carries on busi- ‘‘(B) makes any materially fraudulent rep- used in any manner, to commit or facilitate ness or may be found, to compel compliance resentation; or the commission of the offense. with the subpoena. ‘‘(C) makes or uses any materially false ‘‘(2) APPLICATION OF OTHER LAW.—The for- ‘‘(2) ORDERS.—The court may issue an writing, entry, certification, document, feiture of property under this section, in- order requiring the subpoenaed person to ap- record, data plate, label, or electronic com- cluding any seizure and disposition of the pear before the Attorney General to produce munication; property, and any proceedings relating to a record or to give testimony concerning the concerning any aircraft or space vehicle the property, shall be governed by section production and authentication of a record. part; 413 of the Comprehensive Drug Abuse and ‘‘(3) CONTEMPT.—Any failure to obey the ‘‘(2) exports from or imports or introduces Prevention Act of 1970 (21 U.S.C. 853) (not in- order of the court may be punished by the into the United States, sells, trades, installs cluding subsection (d) of that section). court as a contempt of court. October 5, 1999 CONGRESSIONAL RECORD — SENATE S11989

‘‘(4) PROCESS.—All process in a case under title 14 of the Code of Federal Regulations ment when any such door is opened for dis- this subsection may be served in any judicial required under the National Environmental embarkation; and district in which the subpoenaed person may Policy Act of 1969 for the redesign of the air- ‘‘(B) in the case of a forced landing, until be found. space surrounding Philadelphia Inter- competent authorities take over the respon- ‘‘(d) IMMUNITY FROM CIVIL LIABILITY.—Not- national Airport; sibility for the aircraft and the persons and withstanding any Federal, State, or local (2) study the feasibility, consistent with property on board. law, any person (including any officer, agent, safety, of placing the approach causeway for ‘‘(5) IN SERVICE.—The term ‘in service’ or employee of a person) that receives a sub- Philadelphia International Airport’s East means— poena under this section, who complies in Operations over the Delaware River (instead ‘‘(A) any time from the beginning of pre- good faith with the subpoena and produces a of Brandywine Hundred); and flight preparation of an aircraft by ground record or material sought by a subpoena (3) study the feasibility of increasing the personnel or by the crew for a specific flight under this section, shall not be liable in any standard altitude over the Brandywine Inter- until 24 hours after any landing; and court of any State or the United States to cept from 3,000 feet to 4,000 feet. ‘‘(B) in any event includes the entire pe- any customer or other person for the produc- riod during which the aircraft is in flight. tion or for nondisclosure of the production to ROTH AMENDMENT NO. 1926 ‘‘(6) MOTOR VEHICLE.—The term ‘motor ve- the customer.’’. hicle’ means every description of carriage or (2) CONFORMING AMENDMENTS.— (Ordered to lie on the table.) other contrivance propelled or drawn by me- (A) CHAPTER ANALYSIS.—The analysis for Mr. ROTH submitted an amendment chanical power and used for commercial pur- chapter 2 of title 18, United States Code, is intended to be propoed by him to the poses on the highways in the transportation amended by adding at the end the following: bill S. 82, supra; as follows: of passengers, passengers and property, or ‘‘38. Fraud involving aircraft or space vehicle property or cargo. At the appropriate place, insert the fol- parts in interstate or foreign ‘‘(7) PART.—The term ‘part’ means a frame, lowing new section: commerce.’’. assembly, component, appliance, engine, pro- SEC. ll. AIR TRAFFIC OVER NORTHERN DELA- peller, material, part, spare part, piece, sec- (B) WIRE AND ELECTRONIC COMMUNICA- WARE. TIONS.—Section 2516(1)(c) of title 18, United tion, or related integral or auxiliary equip- Any airspace redesign efforts relating to ment. States Code, is amended by inserting ‘‘sec- Philadelphia International Airport, the Ad- tion 38 (relating to aircraft parts fraud),’’ ‘‘(8) SPACE VEHICLE.—The term ‘space vehi- ministrator of the Federal Aviation Admin- cle’ means a man-made device, either after ‘‘section 32 (relating to destruction of istration shall— aircraft or aircraft facilities),’’. manned or unmanned, designed for operation (1) include northern Delaware in any study beyond the Earth’s atmosphere. of aircraft noise conducted under part 150 of ‘‘(9) STATE.—The term ‘State’ means a COVERDELL AMENDMENT NO. 1924 title 14 of the Code of Federal Regulations State of the United States, the District of (Ordered to lie on the table.) that are required under the National Envi- Columbia, and any commonwealth, territory, Mr. COVERDELL submitted an ronmental Policy Act of 1969; or possession of the United States. (2) study the feasibility, consistent with amendment intended to be proposed by ‘‘(10) USED FOR COMMERCIAL PURPOSES.— safety, of placing the approach causeway for him to the bill S. 82, supra; as follows: The term ‘used for commercial purposes’ Philadelphia International Airport’s East means the carriage of persons or property for At the appropriate place in the Manager’s Operations over the Delaware River; and any fare, fee, rate, charge or other consider- substitute amendment, insert the following: (3) study the feasibility of increasing the ation, or directly or indirectly in connection ll SEC. . AVAILABILITY OF FUNDS FOR GEOR- standard altitude over the Brandywine Inter- with any business, or other undertaking in- GIA’S REGIONAL AIRPORT ENHANCE- cept in northern Delaware from 3,000 feet to tended for profit. MENT PROGRAM. 3,500 or 4,000 feet. Of the amounts made available to the Sec- ‘‘(b) TERMS DEFINED IN OTHER LAW.—In retary of Transportation for the fiscal year this chapter, the terms ‘aircraft engine’, ‘air 2000 out of the Airport and Airway Trust HATCH (AND OTHERS) navigation facility’, ‘appliance’, ‘civil air- Fund established under section 9502 of the AMENDMENT NO. 1927 craft’, ‘foreign air commerce’, ‘interstate air commerce’, ‘landing area’, ‘overseas air com- Internal Revenue Code of 1986 (26 U.S.C. Mr. MCCAIN (for Mr. HATCH (for him- 9502), $11,000,000 may be available for Geor- merce’, ‘propeller’, ‘spare part’, and ‘special self, Mr. LEAHY, and Mr. THURMOND)) gia’s regional airport enhancement program aircraft jurisdiction of the United States’ for the acquisition of land. proposed an amendment to the bill S. have the meanings given those terms in sec- 82, supra; as follows: tions 40102(a) and 46501 of title 49.’’. (c) FRAUD.— At the appropriate place, insert the fol- ROTH AMENDMENT NO. 1925 (1) IN GENERAL.—Chapter 2 of title 18, lowing: United States Code, is amended by adding at Mr. MCCAIN (for Mr. ROTH) proposed ll SEC. . PREVENTION OF FRAUDS INVOLVING the end the following: an amendment to the bill S. 82, supra; AIRCRAFT OR SPACE VEHICLE as follows: PARTS IN INTERSTATE OR FOREIGN ‘‘§ 38. Fraud involving aircraft or space vehi- At the appropriate place, insert the fol- COMMERCE. cle parts in interstate or foreign commerce lowing new section: (a) SHORT TITLE.—This section may be ‘‘(a) OFFENSES.—A person that, in or affect- SEC. ll. EXPRESSING THE SENSE OF THE SEN- cited as the ‘‘Aircraft Safety Act of 1999’’. ing interstate or foreign commerce, ATE CONCERNING AIR TRAFFIC (b) DEFINITIONS.—Section 31 of title 18, knowingly— OVER NORTHERN DELAWARE. United States Code, is amended by striking ‘‘(1)(A) falsifies or conceals a material fact; (a) DEFINITION.—The term ‘‘Brandywine all after the section heading and inserting ‘‘(B) makes any materially fraudulent rep- Intercept’’ means the point over Brandywine the following: resentation; or Hundred in northern Delaware that pilots ‘‘(a) IN GENERAL.— ‘‘(C) makes or uses any materially false use for guidance and maintenance of safe op- ‘‘(1) AIRCRAFT.—The term ‘aircraft’ means writing, entry, certification, document, eration from other aircraft and over which a civil, military, or public contrivance in- record, data plate, label, or electronic com- most aircraft pass on their East Operations vented, used, or designed to navigate, fly, or munication; approach to Philadelphia International Air- travel in the air. concerning any aircraft or space vehicle port. ‘‘(2) AVIATION QUALITY.—The term ‘aviation part; (b) FINDINGS.—Congress makes the fol- quality’, with respect to a part of an aircraft ‘‘(2) exports from or imports or introduces lowing findings: or space vehicle, means the quality of having into the United States, sells, trades, installs (1) The Brandywine Hundred area of New been manufactured, constructed, produced, on or in any aircraft or space vehicle any Castle County, Delaware serves as a major repaired, overhauled, rebuilt, reconditioned, aircraft or space vehicle part using or by approach causeway to Philadelphia Inter- or restored in conformity with applicable means of a fraudulent representation, docu- national Airport’s East Operations runways. standards specified by law (including a regu- ment, record, certification, depiction, data (2) The standard of altitude over the Bran- lation) or contract. plate, label, or electronic communication; or dywine Intercept is 3,000 feet, with airport ‘‘(3) DESTRUCTIVE SUBSTANCE.—The term ‘‘(3) attempts or conspires to commit an of- scatter charts indicating that within a given ‘destructive substance’ means an explosive fense described in paragraph (1) or (2); hour of consistent weather and visibility air- substance, flammable material, infernal ma- shall be punished as provided in subsection craft fly over the Brandywine Hundred at chine, or other chemical, mechanical, or ra- (b). anywhere from 2,500 to 4,000 feet. dioactive device or matter of a combustible, ‘‘(b) PENALTIES.—The punishment for an (3) Lower airplane altitudes result in in- contaminative, corrosive, or explosive na- offense under subsection (a) is as follows: creased ground noise. ture. ‘‘(1) AVIATION QUALITY.—If the offense re- (c) SENSE OF THE SENATE.—It is the sense ‘‘(4) IN FLIGHT.—The term ‘in flight’ lates to the aviation quality of a part and of the Senate that the Secretary of Trans- means— the part is installed in an aircraft or space portation should— ‘‘(A) any time from the moment at which vehicle, a fine of not more than $500,000, im- (1) include northern Delaware in any study all the external doors of an aircraft are prisonment for not more than 25 years, or of aircraft noise conducted under part 150 of closed following embarkation until the mo- both. S11990 CONGRESSIONAL RECORD — SENATE October 5, 1999

‘‘(2) FAILURE TO OPERATE AS REP- eral may issue in writing and cause to be (2) CONFORMING AMENDMENTS.— RESENTED.—If, by reason of the failure of the served a subpoena— (A) CHAPTER ANALYSIS.—The analysis for part to operate as represented, the part to ‘‘(i) requiring the production of any record chapter 2 of title 18, United States Code, is which the offense is related is the probable (including any book, paper, document, elec- amended by adding at the end the following: cause of a malfunction or failure that results tronic medium, or other object or tangible ‘‘38. Fraud involving aircraft or space vehicle in serious bodily injury (as defined in section thing) that may be relevant to an authorized parts in interstate or foreign 1365) to or the death of any person, a fine of law enforcement inquiry, that a person or commerce.’’. not more than $1,000,000, imprisonment for legal entity may possess or have care or cus- (B) WIRE AND ELECTRONIC COMMUNICA- any term of years or life, or both. tody of or control over; and TIONS.—Section 2516(1)(c) of title 18, United ‘‘(ii) requiring a custodian of a record to ‘‘(3) ORGANIZATIONS.—If the offense is com- States Code, is amended by inserting ‘‘sec- give testimony concerning the production mitted by an organization, a fine of not more tion 38 (relating to aircraft parts fraud),’’ and authentication of the record. than $25,000,000. after ‘‘section 32 (relating to destruction of ‘‘(B) CONTENTS.—A subpoena under sub- ‘‘(4) OTHER CIRCUMSTANCES.—In the case of aircraft or aircraft facilities),’’. an offense not described in paragraph (1), (2), paragraph (A) shall— or (3), a fine under this title, imprisonment ‘‘(i) describe the object required to be pro- for not more than 15 years, or both. duced; and GRASSLEY AMENDMENT NO. 1928 ‘‘(c) CIVIL REMEDIES.— ‘‘(ii) prescribe a return date within a rea- (Ordered to lie on the table.) ‘‘(1) IN GENERAL.—The district courts of the sonable period of time within which the ob- Mr. GRASSLEY submitted an United States shall have jurisdiction to pre- ject can be assembled and produced. amendment intended to be proposed by vent and restrain violations of this section ‘‘(C) LIMITATION.—The production of a him to the bill S. 82, supra; as follows: by issuing appropriate orders, including— record shall not be required under this sec- tion at any place more than 500 miles from At the appropriate place in title IV, insert ‘‘(A) ordering a person CONVICTED OF AN OF- the following: FENSE UNDER THIS SECTION to divest any in- the place at which the subpoena for the pro- SEC. 4ll. NOTIFICATION REQUIREMENTS. terest, direct or indirect, in any enterprise, duction of the record is served. Section 44903 is amended by adding at the or to destroy, or to mutilate and sell as ‘‘(D) WITNESS FEES.—A witness summoned end the following: scrap, aircraft material or part inventories under this section shall be paid the same fees ‘‘(f) NOTIFICATION TO PASSENGERS OF FOR- or stocks; and mileage as are paid witnesses in courts EIGN AIR TRANSPORTATION CONCERNING CER- ‘‘(B) imposing reasonable restrictions on of the United States. TAIN CRIMINAL LAWS RELATING TO THE TRANS- the future activities or investments of any ‘‘(b) SERVICE.— ‘‘(1) IN GENERAL.—A subpoena issued under PORTATION OF MINORS.— such person, including prohibiting engage- ‘‘(1) IN GENERAL.—Not later than 60 days ment in the same type of endeavor as used to subsection (a) may be served by any person who is at least 18 years of age and is des- after the date of enactment of the Air Trans- commit the offense; and portation Improvement Act, the Secretary of ‘‘(C) ordering dissolution or reorganization ignated in the subpoena to serve the sub- poena. Transportation, acting through the Adminis- of any enterprise, making due provisions for trator of the Federal Aviation Administra- the rights and interests of innocent persons. ‘‘(2) NATURAL PERSONS.—Service of a sub- poena issued under subsection (a) on a nat- tion, shall promulgate regulations that re- ‘‘(2) RESTRAINING ORDERS AND PROHIBI- quire each air carrier that provides foreign TION.—Pending final determination of a pro- ural person may be made by personal deliv- ery of the subpoena to the person. air transportation to passengers at an air- ceeding brought under this section, the court port in the United States and each owner or may enter such restraining orders or prohibi- ‘‘(3) CORPORATIONS AND OTHER ORGANIZA- TIONS.—Service of a subpoena issued under operator of such an airport to provide rea- tions, or take such other actions (including sonable notice to those passengers of the ap- the acceptance of satisfactory performance subsection (a) on a domestic or foreign cor- poration or on a partnership or other unin- plicability and requirements of— bonds) as the court deems proper. ‘‘(A) section 2323 of title 18, United States ‘‘(3) ESTOPPEL.—A final judgment rendered corporated association that is subject to suit under a common name may be made by de- Code; and in favor of the United States in any criminal ‘‘(B) any other similar provision of Federal livering the subpoena to an officer, to a man- proceeding brought under this section shall law relating to the transportation of individ- aging or general agent, or to any other agent estop the defendant from denying the essen- uals under the age of 18 years. authorized by appointment or by law to re- tial allegations of the criminal offense in ‘‘(2) CONSULTATION.—In promulgating regu- any subsequent civil proceeding brought by ceive service of process for the corporation, lations under paragraph (1), the Secretary of the United States. partnership, or association. Transportation, acting through the Adminis- ‘‘(4) PROOF OF SERVICE.—The affidavit of ‘‘(d) CRIMINAL FORFEITURE.— trator of the Federal Aviation Administra- the person serving the subpoena entered or a ‘‘(1) IN GENERAL.—The court, in imposing tion, shall consult with representatives of— sentence on any person convicted of an of- true copy of such an affidavit shall be proof ‘‘(A) air carriers; and fense under this section, shall order, in addi- of service. ‘‘(B) other interested parties.’’. ‘‘(c) ENFORCEMENT.— tion to any other sentence and irrespective ‘‘(1) IN GENERAL.—In the case of a failure to of any provision of State law, that the per- comply with a subpoena issued under sub- FITZGERALD AMENDMENTS NOS. son forfeit to the United States— section (a), the Attorney General may in- 1929–1947 ‘‘(A) any property constituting, or derived voke the aid of any court of the United from, any proceeds that the person obtained, (Ordered to lie on the table.) States within the jurisdiction of which the directly or indirectly, as a result of the of- Mr. FITZGERALD submitted 19 investigation is carried on or of which the fense; and amendments intended to be proposed subpoenaed person is an inhabitant, or in ‘‘(B) any property used, or intended to be by him to the bill, S. 82, supra: as fol- which the subpoenaed person carries on busi- used in any manner, to commit or facilitate lows: ness or may be found, to compel compliance the commission of the offense. with the subpoena. AMENDMENT NO. 1929 ‘‘(2) APPLICATION OF OTHER LAW.—The for- ‘‘(2) ORDERS.—The court may issue an At the end of the matter proposed to be in- feiture of property under this section, in- order requiring the subpoenaed person to ap- serted, insert the following new section: cluding any seizure and disposition of the pear before the Attorney General to produce SEC. ll. STUDY OF CHICAGO O’HARE INTER- property, and any proceedings relating to a record or to give testimony concerning the NATIONAL AIRPORT. the property, shall be governed by section production and authentication of a record. (a) IN GENERAL.—Notwithstanding any 413 of the Comprehensive Drug Abuse and ‘‘(3) CONTEMPT.—Any failure to obey the other provision of law, if the Administrator Prevention Act of 1970 (21 U.S.C. 853) (not in- order of the court may be punished by the of the Federal Aviation Administration de- cluding subsection (d) of that section). court as a contempt of court. termines, on the basis of the Administrator’s ‘‘(e) CONSTRUCTION WITH OTHER LAW.—This ‘‘(4) PROCESS.—All process in a case under own or a credible third party’s analysis, that section does not preempt or displace any this subsection may be served in any judicial the enactment of any provision of this Act other remedy, civil or criminal, provided by district in which the subpoenaed person may will result in— Federal or State law for the fraudulent im- be found. (1) additional delays in flight departures portation, sale, trade, installation, or intro- ‘‘(d) IMMUNITY FROM CIVIL LIABILITY.—Not- from or flight arrivals to Chicago O’Hare duction into commerce of an aircraft or withstanding any Federal, State, or local International Airport, or space vehicle part. law, any person (including any officer, agent, (2) increased risk to public safety, ‘‘(f) TERRITORIAL SCOPE.—This section ap- or employee of a person) that receives a sub- the Administrator shall report the deter- plies to conduct occurring inside or outside poena under this section, who complies in mination to Congress within 60 days of the the United States. good faith with the subpoena and produces a date of making the determination. ‘‘(g) AUTHORIZED INVESTIGATIVE DEMAND record or material sought by a subpoena (b) CRITERIA FOR ASSESSING PUBLIC SAFE- PROCEDURES.— under this section, shall not be liable in any TY.—In assessing the impact on public safety ‘‘(1) AUTHORIZATION.— court of any State or the United States to the Administrator shall take into account ‘‘(A) SUBPOENAS.—In any investigation re- any customer or other person for the produc- air traffic control incidents, runway incur- lating to any act or activity involving an of- tion or for nondisclosure of the production to sions, near misses, and such other measures fense under this section, the Attorney Gen- the customer.’’. as the Administrator may deem appropriate. October 5, 1999 CONGRESSIONAL RECORD — SENATE S11991

AMENDMENT NO. 1930 SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- at Chicago O’Hare International Airport Strike page 3, line 21, through page 4, line TIONAL SLOT EXEMPTIONS. shall not take effect until 12 years after the 8. Notwithstanding any other provision of date of enactment of the Air Transportation law, any additional slot exemptions granted Improvement Act. AMENDMENT NO. 1931 at Chicago O’Hare International Airport shall not take effect until 5 years after the At the appropriate place, insert the fol- AMENDMENT NO. 1943 date of enactment of the Air Transportation lowing new section: At the appropriate place, insert the fol- Improvement Act. SEC. . REPORT TO CONGRESS BY THE SEC- lowing new section: SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- RETARY OF TRANSPORTATION ON AMENDMENT NO. 1936 THE EFFECT OF THE LIFTING OF TIONAL SLOT EXEMPTIONS. THE HIGH DENSITY RULE ON COM- At the appropriate place, insert the fol- Notwithstanding any other provision of PETITION IN THE AIRLINE INDUS- lowing new section: law, any additional slot exemptions granted TRY IN THE UNITED STATES. SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- at Chicago O’Hare International Airport The Secretary of Transportation shall TIONAL SLOT EXEMPTIONS. shall not take effect until 13 years after the issue a report, within one year of the date of Notwithstanding any other provision of date of enactment of the Air Transportation enactment of this Act, on the effect of the law, any additional slot exemptions granted Improvement Act. phase-out of the rules contained in subparts at Chicago O’Hare International Airport S and K of part 93, title 14, Code of Federal shall not take effect until 6 years after the AMENDMENT NO. 1944 Regulations on competition in the airline in- date of enactment of the Air Transportation At the appropriate place, insert the fol- dustry in the United States. Improvement Act. lowing new section: ll AMENDMENT NO. 1937 SEC. . EFFECTIVE DATE FOR CERTAIN ADDI- AMENDMENT NO. 1932 TIONAL SLOT EXEMPTIONS. At the end of the matter proposed to be in- At the appropriate place, insert the fol- Notwithstanding any other provision of serted, insert the following new section: lowing new section: law, any additional slot exemptions granted ll SEC. ll. STUDY OF CHICAGO O’HARE INTER- SEC. . EFFECTIVE DATE FOR CERTAIN ADDI- at Chicago O’Hare International Airport NATIONAL AIRPORT. TIONAL SLOT EXEMPTIONS. shall not take effect until 14 years after the Notwithstanding any other provision of (a) IN GENERAL.—Notwithstanding any date of enactment of the Air Transportation law, any additional slot exemptions granted other provision of law, if the Administrator Improvement Act. of the Federal Aviation Administration de- at Chicago O’Hare International Airport shall not take effect until 7 years after the termines, on the basis of the Administrator’s AMENDMENT NO. 1945 date of enactment of the Air Transportation own or a credible third party’s analysis, that At the appropriate place, insert the fol- Improvement Act. the enactment of any provision of this Act lowing new section: will result in— ll AMENDMENT NO. 1938 SEC. . EFFECTIVE DATE FOR CERTAIN ADDI- (1) additional delays in flight departures TIONAL SLOT EXEMPTIONS. At the appropriate place, insert the fol- from or flight arrivals to Chicago O’Hare Notwithstanding any other provision of International Airport, or lowing new section: ll law, any additional slot exemptions granted (2) increased risk to public safety, SEC. . EFFECTIVE DATE FOR CERTAIN ADDI- at Chicago O’Hare International Airport TIONAL SLOT EXEMPTIONS. the Administrator shall report the deter- shall not take effect until 15 years after the mination to Congress within 60 days of the Notwithstanding any other provision of law, any additional slot exemptions granted date of enactment of the Air Transportation date of making the determination. Improvement Act. (b) CRITERIA FOR ASSESSING PUBLIC SAFE- at Chicago O’Hare International Airport shall not take effect until 8 years after the TY.—In assessing the impact on public safety AMENDMENT NO. 1946 the Administrator shall take into account date of enactment of the Air Transportation Improvement Act. At the appropriate place, insert the fol- air traffic control incidents, runway incur- lowing new section: sions, and near misses. AMENDMENT NO. 1939 SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- TIONAL SLOT EXEMPTIONS. AMENDMENT NO. 1933 At the appropriate place, insert the fol- lowing new section: Notwithstanding any other provision of At the appropriate place, insert the fol- ll law, any additional slot exemptions granted lowing new section: SEC. . EFFECTIVE DATE FOR CERTAIN ADDI- TIONAL SLOT EXEMPTIONS. at Chicago O’Hare International Airport ll SEC. . STUDY OF CHICAGO O’HARE INTER- Notwithstanding any other provision of shall not take effect until 16 years after the NATIONAL AIRPORT. law, any additional slot exemptions granted date of enactment of the Air Transportation (a) IN GENERAL.—If the Administrator of at Chicago O’Hare International Airport Improvement Act. the Federal Aviation Administration deter- shall not take effect until 9 years after the mines, on the basis of the Administrator’s date of enactment of the Air Transportation AMENDMENT NO. 1947 own or a credible third party’s analysis, that Improvement Act. At the appropriate place, insert the fol- the enactment of any provision of this Act lowing new section: will result in— AMENDMENT NO. 1940 SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- (1) additional delays in flight departures At the appropriate place, insert the fol- TIONAL SLOT EXEMPTIONS. from or flight arrivals to Chicago O’Hare lowing new section: Notwithstanding any other provision of International Airport, or SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- law, any additional slot exemptions granted (2) increased risk to public safety, TIONAL SLOT EXEMPTIONS. at Chicago O’Hare International Airport the Administrator shall reimpose the high Notwithstanding any other provision of shall not take effect until 17 years after the density ruels as ineffect on the day before law, any additional slot exemptions granted date of enactment of the Air Transportation the date of enactment of this Act. at Chicago O’Hare International Airport Improvement Act. (b) CRITERIA FOR ASSESSING PUBLIC SAFE- shall not take effect until 10 years after the TY.—In assessing the impact on public safety date of enactment of the Air Transportation the Administrator shall take into account Improvement Act. air traffic control incidents, runway incur- ABRAHAM (AND LEVIN) sions, and near misses, and such other meas- AMENDMENT NO. 1941 AMENDMENT NO. 1948 ures as the Administrator shall deem appro- At the appropriate place, insert the fol- Mr. MCCAIN (for Mr. ABRAHAM (for priate. lowing new section: himself and Mr. LEVIN)) proposed an SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- AMENDMENT NO. 1934 amendment to the bill, S. 82, supra; as TIONAL SLOT EXEMPTIONS. follows: At the appropriate place, insert the fol- Notwithstanding any other provision of At the appropriate place insert the fol- lowing new section: law, any additional slot exemptions granted lowing: SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- at Chicago O’Hare International Airport TIONAL SLOT EXEMPTIONS. shall not take effect until 11 years after the SEC. . NONDISCRIMINATION IN THE USE OF PRI- Notwithstanding any other provision of date of enactment of the Air Transportation VATE AIRPORTS. (a) PROHIBITING DISCRIMINATION IN THE USE law, any additional slot exemptions granted Improvement Act. at Chicago O’Hare International Airport OF PRIVATE AIRPORTS.—Chapter 401 of Sub- shall not take effect until 4 years after the AMENDMENT NO. 1942 title VII of title 49, United States Code, is amended by inserting the following new sec- date of enactment of the Air Transportation At the appropriate place, insert the fol- tion after section 40122: Improvement Act. lowing new section: SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- ‘‘§ 40123. Nondiscrimination in the Use of Pri- AMENDMENT NO. 1935 TIONAL SLOT EXEMPTIONS. vate Airports At the appropriate place, insert the fol- Notwithstanding any other provision of ‘‘(a) IN GENERAL.—Notwithstanding any lowing new section: law, any additional slot exemptions granted other provision of law, no state, county, city S11992 CONGRESSIONAL RECORD — SENATE October 5, 1999 or municipal government may prohibit the shall not take effect until 18 years after the date of enactment of the Air Transportation use or full enjoyment of a private airport date of enactment of the Air Transportation Improvement Act. within its jurisdiction by any person on the Improvement Act. basis of that person’s race, creed, color, na- AMENDMENT NO. 1959 tional origin, sex, or ancestry. AMENDMENT NO. 1952 At the appropriate place, insert the fol- At the appropriate place, insert the fol- lowing new section: WARNER (AND ROBB) AMENDMENT lowing new section: SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- NO. 1949 SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- TIONAL SLOT EXEMPTIONS. TIONAL SLOT EXEMPTIONS. Notwithstanding any other provision of Mr. MCCAIN (for Mr. WARNER (for Notwithstanding any other provision of law, any additional slot exemptions granted himself and Mr. ROBB)) proposed an law, any additional slot exemptions granted at Chicago O’Hare International Airport amendment to the bill, S. 82, supra; as at Chicago O’Hare International Airport shall not take effect until 26 years after the follows: shall not take effect until 19 years after the date of enactment of the Air Transportation SECTION 1. SHORT TITLE. date of enactment of the Air Transportation Improvement Act. This Act may be cited as the ‘‘Metropoli- Improvement Act. tan Airports Authority Improvement Act’’. AMENDMENT NO. 1960 AMENDMENT NO. 1953 SEC. 2. REMOVAL OF LIMITATION. At the appropriate place, insert the fol- lowing new section: Section 49106(c)(6) of title 49, United States At the appropriate place, insert the fol- ll Code, is amended— lowing new section: SEC. . EFFECTIVE DATE FOR CERTAIN ADDI- TIONAL SLOT EXEMPTIONS. (1) by striking subparagraph (C); and SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- Notwithstanding any other provision of (2) by redesignating subparagraph (D) as TIONAL SLOT EXEMPTIONS. law, any additional slot exemptions granted subparagraph (C). Notwithstanding any other provision of law, any additional slot exemptions granted at Chicago O’Hare International Airport at Chicago O’Hare International Airport shall not take effect until 27 years after the GORTON AMENDMENT NO. 1950 shall not take effect until 20 years after the date of enactment of the Air Transportation Mr. MCCAIN (for Mr. GORTON) pro- date of enactment of the Air Transportation Improvement Act. posed an amendment to the bill, S. 82, Improvement Act. AMENDMENT NO. 1961 supra; as follows: AMENDMENT NO. 1954 At the appropriate place, insert the fol- SEC. 437. DISCRIMINATORY PRACTICES BY COM- lowing new section: PUTER RESERVATIONS SYSTEMS At the appropriate place, insert the fol- SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- OUTSIDE THE UNITED STATES. lowing new section: TIONAL SLOT EXEMPTIONS. (a) ACTIONS AGAINST DISCRIMINATORY AC- SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- TIONAL SLOT EXEMPTIONS. Notwithstanding any other provision of TIVITY BY FOREIGN CRS SYSTEMS.—Section law, any additional slot exemptions granted 41310 is amended by adding at the end the Notwithstanding any other provision of law, any additional slot exemptions granted at Chicago O’Hare International Airport following: shall not take effect until 28 years after the ‘‘(g) ACTIONS AGAINST DISCRIMINATORY AC- at Chicago O’Hare International Airport shall not take effect until 21 years after the date of enactment of the Air Transportation TIVITY BY FOREIGN CRS SYSTEMS.—The Sec- Improvement Act. retary of Transportation may take such ac- date of enactment of the Air Transportation Improvement Act. tions as the Secretary considers are in the AMENDMENT NO. 1962 public interest to eliminate an activity of a At the appropriate place, insert the fol- foreign air carrier that owns or markets a AMENDMENT NO. 1955 lowing new section: computer reservations system, when the Sec- At the appropriate place, insert the fol- ll retary, on the initiative of the Secretary or lowing new section: SEC. . EFFECTIVE DATE FOR CERTAIN ADDI- TIONAL SLOT EXEMPTIONS. on complaint, decides that the activity, with ll SEC. . EFFECTIVE DATE FOR CERTAIN ADDI- Notwithstanding any other provision of respect to airline service— TIONAL SLOT EXEMPTIONS. law, any additional slot exemptions granted ‘‘(1) is an unjustifiable or unreasonable dis- Notwithstanding any other provision of at Chicago O’Hare International Airport criminatory, predatory, or anticompetitive law, any additional slot exemptions granted shall not take effect until 29 years after the practice against a computer reservations at Chicago O’Hare International Airport date of enactment of the Air Transportation system firm; shall not take effect until 22 years after the Improvement Act. ‘‘(2) imposes an unjustifiable or unreason- date of enactment of the Air Transportation able restriction on access of such a computer Improvement Act. AMENDMENT NO. 1963 reservations system to market.’’. (b) COMPLAINTS BY CRS FIRMS.—Section AMENDMENT NO. 1956 At the appropriate place, insert the fol- 41310 is amended— lowing new section: At the appropriate place, insert the fol- ll (1) in subsection (d)(1)— lowing new section: SEC. . EFFECTIVE DATE FOR CERTAIN ADDI- (A) by striking ‘‘air carrier’’ in the first TIONAL SLOT EXEMPTIONS. SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- sentence and inserting ‘‘air carrier, com- Notwithstanding any other provision of TIONAL SLOT EXEMPTIONS. law, any additional slot exemptions granted puter reservations system firm,’’; Notwithstanding any other provision of (B) by striking ‘‘subsection (c)’’ and insert- at Chicago O’Hare International Airport law, any additional slot exemptions granted shall not take effect until 30 years after the ing ‘‘subsection (c) or (g)’’; and at Chicago O’Hare International Airport (C) striking ‘‘air carrier’’ in subparagraph date of enactment of the Air Transportation shall not take effect until 23 years after the Improvement Act. (B) and inserting ‘‘air carrier or computer date of enactment of the Air Transportation reservations system firm’’; and Improvement Act. (2) in subsection (e)(1) by inserting ‘‘or a AMENDMENT NO. 1964 computer reservations system firm is subject At the appropriate place, insert the fol- AMENDMENT NO. 1957 when providing services with respect to air- lowing new section: line service’’ before the period at the end of At the appropriate place, insert the fol- SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- the first sentence. lowing new section: TIONAL SLOT EXEMPTIONS. SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- Notwithstanding any other provision of TIONAL SLOT EXEMPTIONS. FITZGERALD AMENDMENTS NOS. law, any additional slot exemptions granted Notwithstanding any other provision of at Chicago O’Hare International Airport 1951–2069 law, any additional slot exemptions granted shall not take effect until 31 years after the (Ordered to lie on the table.) at Chicago O’Hare International Airport date of enactment of the Air Transportation Mr. FITZGERALD submitted 119 shall not take effect until 24 years after the Improvement Act. amendments intended to be proposed date of enactment of the Air Transportation Improvement Act. by him to the bill S. 82, supra; as fol- AMENDMENT NO. 1965 lows: At the appropriate place, insert the fol- AMENDMENT NO. 1958 lowing new section: AMENDMENT NO. 1951 At the appropriate place, insert the fol- SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- At the appropriate place, insert the fol- lowing new section: TIONAL SLOT EXEMPTIONS. lowing new section: SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- Notwithstanding any other provision of SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- TIONAL SLOT EXEMPTIONS. law, any additional slot exemptions granted TIONAL SLOT EXEMPTIONS. Notwithstanding any other provision of at Chicago O’Hare International Airport Notwithstanding any other provision of law, any additional slot exemptions granted shall not take effect until 32 years after the law, any additional slot exemptions granted at Chicago O’Hare International Airport date of enactment of the Air Transportation at Chicago O’Hare International Airport shall not take effect until 25 years after the Improvement Act. October 5, 1999 CONGRESSIONAL RECORD — SENATE S11993

AMENDMENT NO. 1966 SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- at Chicago O’Hare International Airport At the appropriate place, insert the fol- TIONAL SLOT EXEMPTIONS. shall not take effect until 47 years after the lowing new section: Notwithstanding any other provision of date of enactment of the Air Transportation law, any additional slot exemptions granted SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- Improvement Act. TIONAL SLOT EXEMPTIONS. at Chicago O’Hare International Airport Notwithstanding any other provision of shall not take effect until 40 years after the AMENDMENT NO. 1981 date of enactment of the Air Transportation law, any additional slot exemptions granted At the appropriate place, insert the fol- Improvement Act. at Chicago O’Hare International Airport lowing new section: shall not take effect until 33 years after the ll AMENDMENT NO. 1974 SEC. . EFFECTIVE DATE FOR CERTAIN ADDI- date of enactment of the Air Transportation TIONAL SLOT EXEMPTIONS. At the appropriate place, insert the fol- Improvement Act. Notwithstanding any other provision of lowing new section: ll law, any additional slot exemptions granted AMENDMENT NO. 1967 SEC. . EFFECTIVE DATE FOR CERTAIN ADDI- at Chicago O’Hare International Airport At the appropriate place, insert the fol- TIONAL SLOT EXEMPTIONS. Notwithstanding any other provision of shall not take effect until 48 years after the lowing new section: date of enactment of the Air Transportation ll law, any additional slot exemptions granted SEC. . EFFECTIVE DATE FOR CERTAIN ADDI- at Chicago O’Hare International Airport Improvement Act. TIONAL SLOT EXEMPTIONS. shall not take effect until 41 years after the Notwithstanding any other provision of AMENDMENT NO. 1982 law, any additional slot exemptions granted date of enactment of the Air Transportation Improvement Act. At the appropriate place, insert the fol- at Chicago O’Hare International Airport lowing new section: shall not take effect until 34 years after the AMENDMENT NO. 1975 ll date of enactment of the Air Transportation SEC. . EFFECTIVE DATE FOR CERTAIN ADDI- TIONAL SLOT EXEMPTIONS. Improvement Act. At the appropriate place, insert the fol- lowing new section: Notwithstanding any other provision of ll law, any additional slot exemptions granted AMENDMENT NO. 1968 SEC. . EFFECTIVE DATE FOR CERTAIN ADDI- TIONAL SLOT EXEMPTIONS. at Chicago O’Hare International Airport At the appropriate place, insert the fol- Notwithstanding any other provision of shall not take effect until 49 years after the lowing new section: law, any additional slot exemptions granted date of enactment of the Air Transportation ll SEC. . EFFECTIVE DATE FOR CERTAIN ADDI- at Chicago O’Hare International Airport Improvement Act. TIONAL SLOT EXEMPTIONS. shall not take effect until 42 years after the Notwithstanding any other provision of date of enactment of the Air Transportation AMENDMENT NO. 1983 law, any additional slot exemptions granted Improvement Act. at Chicago O’Hare International Airport At the appropriate place, insert the fol- shall not take effect until 35 years after the lowing new section: AMENDMENT NO. 1976 date of enactment of the Air Transportation SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- At the appropriate place, insert the fol- Improvement Act. TIONAL SLOT EXEMPTIONS. lowing new section: Notwithstanding any other provision of ll AMENDMENT NO. 1969 SEC. . EFFECTIVE DATE FOR CERTAIN ADDI- law, any additional slot exemptions granted TIONAL SLOT EXEMPTIONS. At the appropriate place, insert the fol- at Chicago O’Hare International Airport Notwithstanding any other provision of shall not take effect until 50 years after the lowing new section: law, any additional slot exemptions granted SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- date of enactment of the Air Transportation at Chicago O’Hare International Airport Improvement Act. TIONAL SLOT EXEMPTIONS. shall not take effect until 43 years after the Notwithstanding any other provision of date of enactment of the Air Transportation law, any additional slot exemptions granted AMENDMENT NO. 1984 Improvement Act. at Chicago O’Hare International Airport At the appropriate place, insert the fol- shall not take effect until 36 years after the AMENDMENT NO. 1977 lowing new section: date of enactment of the Air Transportation At the appropriate place, insert the fol- SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- Improvement Act. lowing new section: TIONAL SLOT EXEMPTIONS. ll Notwithstanding any other provision of AMENDMENT NO. 1970 SEC. . EFFECTIVE DATE FOR CERTAIN ADDI- TIONAL SLOT EXEMPTIONS. law, any additional slot exemptions granted At the appropriate place, insert the fol- Notwithstanding any other provision of at Chicago O’Hare International Airport lowing new section: law, any additional slot exemptions granted shall not take effect until 51 years after the SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- at Chicago O’Hare International Airport date of enactment of the Air Transportation TIONAL SLOT EXEMPTIONS. shall not take effect until 44 years after the Improvement Act. Notwithstanding any other provision of date of enactment of the Air Transportation law, any additional slot exemptions granted Improvement Act. AMENDMENT NO. 1985 at Chicago O’Hare International Airport At the appropriate place, insert the fol- shall not take effect until 37 years after the AMENDMENT NO. 1978 lowing new section: date of enactment of the Air Transportation At the appropriate place, insert the fol- SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- Improvement Act. lowing new section: TIONAL SLOT EXEMPTIONS. SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- Notwithstanding any other provision of AMENDMENT NO. 1971 TIONAL SLOT EXEMPTIONS. law, any additional slot exemptions granted At the appropriate place, insert the fol- Notwithstanding any other provision of at Chicago O’Hare International Airport lowing new section: law, any additional slot exemptions granted shall not take effect until 52 years after the SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- at Chicago O’Hare International Airport date of enactment of the Air Transportation TIONAL SLOT EXEMPTIONS. shall not take effect until 45 years after the Improvement Act. Notwithstanding any other provision of date of enactment of the Air Transportation law, any additional slot exemptions granted Improvement Act. AMENDMENT NO. 1986 at Chicago O’Hare International Airport At the appropriate place, insert the fol- shall not take effect until 38 years after the AMENDMENT NO. 1979 date of enactment of the Air Transportation lowing new section: At the appropriate place, insert the fol- ll Improvement Act. lowing new section: SEC. . EFFECTIVE DATE FOR CERTAIN ADDI- TIONAL SLOT EXEMPTIONS. ll SEC. . EFFECTIVE DATE FOR CERTAIN ADDI- Notwithstanding any other provision of AMENDMENT NO. 1972 TIONAL SLOT EXEMPTIONS. At the appropriate place, insert the fol- Notwithstanding any other provision of law, any additional slot exemptions granted lowing new section: law, any additional slot exemptions granted at Chicago O’Hare International Airport shall not take effect until 53 years after the SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- at Chicago O’Hare International Airport TIONAL SLOT EXEMPTIONS. shall not take effect until 46 years after the date of enactment of the Air Transportation Notwithstanding any other provision of date of enactment of the Air Transportation Improvement Act. law, any additional slot exemptions granted Improvement Act. at Chicago O’Hare International Airport AMENDMENT NO. 1987 shall not take effect until 39 years after the AMENDMENT NO. 1980 At the appropriate place, insert the fol- date of enactment of the Air Transportation At the appropriate place, insert the fol- lowing new section: Improvement Act. lowing new section: SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- TIONAL SLOT EXEMPTIONS. AMENDMENT NO. 1973 TIONAL SLOT EXEMPTIONS. Notwithstanding any other provision of At the appropriate place, insert the fol- Notwithstanding any other provision of law, any additional slot exemptions granted lowing new section: law, any additional slot exemptions granted at Chicago O’Hare International Airport S11994 CONGRESSIONAL RECORD — SENATE October 5, 1999 shall not take effect until 54 years after the date of enactment of the Air Transportation AMENDMENT NO. 2002 date of enactment of the Air Transportation Improvement Act. At the appropriate place, insert the fol- Improvement Act. lowing new section: AMENDMENT NO. 1995 SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- AMENDMENT NO. 1988 At the appropriate place, insert the fol- TIONAL SLOT EXEMPTIONS. At the appropriate place, insert the fol- lowing new section: Notwithstanding any other provision of lowing new section: SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- law, any additional slot exemptions granted SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- TIONAL SLOT EXEMPTIONS. at Chicago O’Hare International Airport TIONAL SLOT EXEMPTIONS. Notwithstanding any other provision of shall not take effect until 69 years after the Notwithstanding any other provision of law, any additional slot exemptions granted date of enactment of the Air Transportation law, any additional slot exemptions granted at Chicago O’Hare International Airport Improvement Act. at Chicago O’Hare International Airport shall not take effect until 62 years after the shall not take effect until 55 years after the date of enactment of the Air Transportation AMENDMENT NO. 2003 date of enactment of the Air Transportation Improvement Act. At the appropriate place, insert the fol- Improvement Act. lowing new section: AMENDMENT NO. 1996 SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- AMENDMENT NO. 1989 At the appropriate place, insert the fol- TIONAL SLOT EXEMPTIONS. At the appropriate place, insert the fol- lowing new section: Notwithstanding any other provision of lowing new section: SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- law, any additional slot exemptions granted at Chicago O’Hare International Airport ll TIONAL SLOT EXEMPTIONS. SEC. . EFFECTIVE DATE FOR CERTAIN ADDI- shall not take effect until 70 years after the TIONAL SLOT EXEMPTIONS. Notwithstanding any other provision of date of enactment of the Air Transportation Notwithstanding any other provision of law, any additional slot exemptions granted Improvement Act. law, any additional slot exemptions granted at Chicago O’Hare International Airport at Chicago O’Hare International Airport shall not take effect until 63 years after the AMENDMENT NO. 2004 shall not take effect until 56 years after the date of enactment of the Air Transportation At the appropriate place, insert the fol- date of enactment of the Air Transportation Improvement Act. lowing new section: Improvement Act. AMENDMENT NO. 1997 SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- TIONAL SLOT EXEMPTIONS. AMENDMENT NO. 1990 At the appropriate place, insert the fol- Notwithstanding any other provision of At the appropriate place, insert the fol- lowing new section: ll law, any additional slot exemptions granted lowing new section: SEC. . EFFECTIVE DATE FOR CERTAIN ADDI- at Chicago O’Hare International Airport TIONAL SLOT EXEMPTIONS. SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- shall not take effect until 71 years after the TIONAL SLOT EXEMPTIONS. Notwithstanding any other provision of law, any additional slot exemptions granted date of enactment of the Air Transportation Notwithstanding any other provision of Improvement Act. law, any additional slot exemptions granted at Chicago O’Hare International Airport shall not take effect until 64 years after the at Chicago O’Hare International Airport AMENDMENT NO. 2005 shall not take effect until 57 years after the date of enactment of the Air Transportation Improvement Act. At the appropriate place, insert the fol- date of enactment of the Air Transportation lowing new section: Improvement Act. ll AMENDMENT NO. 1998 SEC. . EFFECTIVE DATE FOR CERTAIN ADDI- TIONAL SLOT EXEMPTIONS. AMENDMENT NO. 1991 At the appropriate place, insert the fol- Notwithstanding any other provision of lowing new section: At the appropriate place, insert the fol- law, any additional slot exemptions granted ll lowing new section: SEC. . EFFECTIVE DATE FOR CERTAIN ADDI- at Chicago O’Hare International Airport TIONAL SLOT EXEMPTIONS. ll shall not take effect until 72 years after the SEC. . EFFECTIVE DATE FOR CERTAIN ADDI- Notwithstanding any other provision of TIONAL SLOT EXEMPTIONS. date of enactment of the Air Transportation law, any additional slot exemptions granted Notwithstanding any other provision of Improvement Act. at Chicago O’Hare International Airport law, any additional slot exemptions granted shall not take effect until 65 years after the at Chicago O’Hare International Airport AMENDMENT NO. 2006 date of enactment of the Air Transportation shall not take effect until 58 years after the At the appropriate place, insert the fol- Improvement Act. date of enactment of the Air Transportation lowing new section: Improvement Act. SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- AMENDMENT NO. 1999 TIONAL SLOT EXEMPTIONS. AMENDMENT NO. 1992 At the appropriate place, insert the fol- Notwithstanding any other provision of lowing new section: law, any additional slot exemptions granted At the appropriate place, insert the fol- ll lowing new section: SEC. . EFFECTIVE DATE FOR CERTAIN ADDI- at Chicago O’Hare International Airport TIONAL SLOT EXEMPTIONS. shall not take effect until 73 years after the SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- Notwithstanding any other provision of TIONAL SLOT EXEMPTIONS. date of enactment of the Air Transportation law, any additional slot exemptions granted Improvement Act. Notwithstanding any other provision of at Chicago O’Hare International Airport law, any additional slot exemptions granted shall not take effect until 66 years after the AMENDMENT NO. 2007 at Chicago O’Hare International Airport date of enactment of the Air Transportation At the appropriate place, insert the fol- shall not take effect until 59 years after the Improvement Act. date of enactment of the Air Transportation lowing new section: Improvement Act. SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- AMENDMENT NO. 2000 TIONAL SLOT EXEMPTIONS. At the appropriate place, insert the fol- Notwithstanding any other provision of AMENDMENT NO. 1993 lowing new section: law, any additional slot exemptions granted At the appropriate place, insert the fol- SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- at Chicago O’Hare International Airport lowing new section: TIONAL SLOT EXEMPTIONS. shall not take effect until 74 years after the SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- Notwithstanding any other provision of date of enactment of the Air Transportation TIONAL SLOT EXEMPTIONS. law, any additional slot exemptions granted Improvement Act. Notwithstanding any other provision of at Chicago O’Hare International Airport law, any additional slot exemptions granted shall not take effect until 67 years after the AMENDMENT NO. 2008 at Chicago O’Hare International Airport date of enactment of the Air Transportation At the appropriate place, insert the fol- shall not take effect until 60 years after the Improvement Act. lowing new section: date of enactment of the Air Transportation SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- Improvement Act. AMENDMENT NO. 2001 TIONAL SLOT EXEMPTIONS. At the appropriate place, insert the fol- Notwithstanding any other provision of AMENDMENT NO. 1994 lowing new section: law, any additional slot exemptions granted At the appropriate place, insert the fol- SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- at Chicago O’Hare International Airport lowing new section: TIONAL SLOT EXEMPTIONS. shall not take effect until 75 years after the SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- Notwithstanding any other provision of date of enactment of the Air Transportation TIONAL SLOT EXEMPTIONS. law, any additional slot exemptions granted Improvement Act. Notwithstanding any other provision of at Chicago O’Hare International Airport law, any additional slot exemptions granted shall not take effect until 68 years after the AMENDMENT NO. 2009 at Chicago O’Hare International Airport date of enactment of the Air Transportation At the appropriate place, insert the fol- shall not take effect until 61 years after the Improvement Act. lowing new section: October 5, 1999 CONGRESSIONAL RECORD — SENATE S11995 SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- at Chicago O’Hare International Airport shall not take effect until 90 years after the TIONAL SLOT EXEMPTIONS. shall not take effect until 83 years after the date of enactment of the Air Transportation Notwithstanding any other provision of date of enactment of the Air Transportation Improvement Act. law, any additional slot exemptions granted Improvement Act. at Chicago O’Hare International Airport AMENDMENT NO. 2024 shall not take effect until 76 years after the AMENDMENT NO. 2017 At the appropriate place, insert the fol- date of enactment of the Air Transportation At the appropriate place, insert the fol- lowing new section: Improvement Act. lowing new section: SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- ll TIONAL SLOT EXEMPTIONS. AMENDMENT NO. 2010 SEC. . EFFECTIVE DATE FOR CERTAIN ADDI- TIONAL SLOT EXEMPTIONS. Notwithstanding any other provision of At the appropriate place, insert the fol- Notwithstanding any other provision of law, any additional slot exemptions granted lowing new section: ll law, any additional slot exemptions granted at Chicago O’Hare International Airport SEC. . EFFECTIVE DATE FOR CERTAIN ADDI- at Chicago O’Hare International Airport shall not take effect until 91 years after the TIONAL SLOT EXEMPTIONS. Notwithstanding any other provision of shall not take effect until 84 years after the date of enactment of the Air Transportation law, any additional slot exemptions granted date of enactment of the Air Transportation Improvement Act. at Chicago O’Hare International Airport Improvement Act. shall not take effect until 77 years after the AMENDMENT NO. 2025 date of enactment of the Air Transportation AMENDMENT NO. 2018 At the appropriate place, insert the fol- Improvement Act. At the appropriate place, insert the fol- lowing new section: lowing new section: SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- AMENDMENT NO. 2011 SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- TIONAL SLOT EXEMPTIONS. At the appropriate place, insert the fol- TIONAL SLOT EXEMPTIONS. Notwithstanding any other provision of lowing new section: Notwithstanding any other provision of law, any additional slot exemptions granted SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- law, any additional slot exemptions granted at Chicago O’Hare International Airport TIONAL SLOT EXEMPTIONS. at Chicago O’Hare International Airport shall not take effect until 92 years after the Notwithstanding any other provision of shall not take effect until 85 years after the date of enactment of the Air Transportation law, any additional slot exemptions granted date of enactment of the Air Transportation Improvement Act. at Chicago O’Hare International Airport Improvement Act. shall not take effect until 78 years after the AMENDMENT NO. 2026 date of enactment of the Air Transportation AMENDMENT NO. 2019 At the appropriate place, insert the fol- Improvement Act. At the appropriate place, insert the fol- lowing new section: lowing new section: SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- AMENDMENT NO. 2012 SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- TIONAL SLOT EXEMPTIONS. At the appropriate place, insert the fol- TIONAL SLOT EXEMPTIONS. Notwithstanding any other provision of lowing new section: Notwithstanding any other provision of law, any additional slot exemptions granted SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- law, any additional slot exemptions granted at Chicago O’Hare International Airport TIONAL SLOT EXEMPTIONS. at Chicago O’Hare International Airport shall not take effect until 93 years after the Notwithstanding any other provision of shall not take effect until 86 years after the date of enactment of the Air Transportation law, any additional slot exemptions granted date of enactment of the Air Transportation Improvement Act. at Chicago O’Hare International Airport Improvement Act. shall not take effect until 79 years after the AMENDMENT NO. 2027 date of enactment of the Air Transportation AMENDMENT NO. 2020 Improvement Act. At the appropriate place, insert the fol- At the appropriate place, insert the fol- lowing new section: AMENDMENT NO. 2013 lowing new section: SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- At the appropriate place, insert the fol- SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- TIONAL SLOT EXEMPTIONS. lowing new section: TIONAL SLOT EXEMPTIONS. Notwithstanding any other provision of Notwithstanding any other provision of law, any additional slot exemptions granted SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- TIONAL SLOT EXEMPTIONS. law, any additional slot exemptions granted at Chicago O’Hare International Airport Notwithstanding any other provision of at Chicago O’Hare International Airport shall not take effect until 94 years after the law, any additional slot exemptions granted shall not take effect until 87 years after the date of enactment of the Air Transportation at Chicago O’Hare International Airport date of enactment of the Air Transportation Improvement Act. shall not take effect until 80 years after the Improvement Act. date of enactment of the Air Transportation AMENDMENT NO. 2028 Improvement Act. AMENDMENT NO. 2021 At the appropriate place, insert the fol- At the appropriate place, insert the fol- lowing new section: AMENDMENT NO. 2014 lowing new section: SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- At the appropriate place, insert the fol- SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- TIONAL SLOT EXEMPTIONS. lowing new section: TIONAL SLOT EXEMPTIONS. Notwithstanding any other provision of SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- Notwithstanding any other provision of law, any additional slot exemptions granted TIONAL SLOT EXEMPTIONS. law, any additional slot exemptions granted at Chicago O’Hare International Airport Notwithstanding any other provision of at Chicago O’Hare International Airport shall not take effect until 95 years after the law, any additional slot exemptions granted shall not take effect until 88 years after the date of enactment of the Air Transportation at Chicago O’Hare International Airport date of enactment of the Air Transportation Improvement Act. shall not take effect until 81 years after the Improvement Act. date of enactment of the Air Transportation AMENDMENT NO. 2029 Improvement Act. AMENDMENT NO. 2022 At the appropriate place, insert the fol- At the appropriate place, insert the fol- lowing new section: AMENDMENT NO. 2015 lowing new section: ll At the appropriate place, insert the fol- SEC. . EFFECTIVE DATE FOR CERTAIN ADDI- ll TIONAL SLOT EXEMPTIONS. lowing new section: SEC. . EFFECTIVE DATE FOR CERTAIN ADDI- TIONAL SLOT EXEMPTIONS. Notwithstanding any other provision of ll SEC. . EFFECTIVE DATE FOR CERTAIN ADDI- Notwithstanding any other provision of law, any additional slot exemptions granted TIONAL SLOT EXEMPTIONS. Notwithstanding any other provision of law, any additional slot exemptions granted at Chicago O’Hare International Airport law, any additional slot exemptions granted at Chicago O’Hare International Airport shall not take effect until 96 years after the at Chicago O’Hare International Airport shall not take effect until 89 years after the date of enactment of the Air Transportation shall not take effect until 82 years after the date of enactment of the Air Transportation Improvement Act. date of enactment of the Air Transportation Improvement Act. Improvement Act. AMENDMENT NO. 2030 AMENDMENT NO. 2023 At the appropriate place, insert the fol- AMENDMENT NO. 2016 At the appropriate place, insert the fol- lowing new section: At the appropriate place, insert the fol- lowing new section: SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- lowing new section: SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- TIONAL SLOT EXEMPTIONS. SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- TIONAL SLOT EXEMPTIONS. Notwithstanding any other provision of TIONAL SLOT EXEMPTIONS. Notwithstanding any other provision of law, any additional slot exemptions granted Notwithstanding any other provision of law, any additional slot exemptions granted at Chicago O’Hare International Airport law, any additional slot exemptions granted at Chicago O’Hare International Airport shall not take effect until 97 years after the S11996 CONGRESSIONAL RECORD — SENATE October 5, 1999 date of enactment of the Air Transportation AMENDMENT NO. 2038 SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- Improvement Act. At the appropriate place, insert the fol- TIONAL SLOT EXEMPTIONS. lowing new section: Notwithstanding any other provision of law, any additional slot exemptions granted AMENDMENT NO. 2031 SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- At the appropriate place, insert the fol- TIONAL SLOT EXEMPTIONS. at Chicago O’Hare International Airport lowing new section: Notwithstanding any other provision of shall not take effect until 112 years after the date of enactment of the Air Transportation SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- law, any additional slot exemptions granted TIONAL SLOT EXEMPTIONS. at Chicago O’Hare International Airport Improvement Act. Notwithstanding any other provision of shall not take effect until 105 years after the AMENDMENT NO. 2046 law, any additional slot exemptions granted date of enactment of the Air Transportation at Chicago O’Hare International Airport Improvement Act. At the appropriate place, insert the fol- shall not take effect until 98 years after the lowing new section: ll date of enactment of the Air Transportation AMENDMENT NO. 2039 SEC. . EFFECTIVE DATE FOR CERTAIN ADDI- Improvement Act. At the appropriate place, insert the fol- TIONAL SLOT EXEMPTIONS. Notwithstanding any other provision of lowing new section: law, any additional slot exemptions granted AMENDMENT NO. 2032 ll SEC. . EFFECTIVE DATE FOR CERTAIN ADDI- at Chicago O’Hare International Airport TIONAL SLOT EXEMPTIONS. At the appropriate place, insert the fol- shall not take effect until 113 years after the lowing new section: Notwithstanding any other provision of law, any additional slot exemptions granted date of enactment of the Air Transportation SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- Improvement Act. TIONAL SLOT EXEMPTIONS. at Chicago O’Hare International Airport shall not take effect until 106 years after the Notwithstanding any other provision of AMENDMENT NO. 2047 law, any additional slot exemptions granted date of enactment of the Air Transportation Improvement Act. At the appropriate place, insert the fol- at Chicago O’Hare International Airport lowing new section: shall not take effect until 99 years after the ll AMENDMENT NO. 2040 SEC. . EFFECTIVE DATE FOR CERTAIN ADDI- date of enactment of the Air Transportation TIONAL SLOT EXEMPTIONS. At the appropriate place, insert the fol- Improvement Act. Notwithstanding any other provision of lowing new section: law, any additional slot exemptions granted ll AMENDMENT NO. 2033 SEC. . EFFECTIVE DATE FOR CERTAIN ADDI- at Chicago O’Hare International Airport TIONAL SLOT EXEMPTIONS. At the appropriate place, insert the fol- shall not take effect until 114 years after the Notwithstanding any other provision of lowing new section: date of enactment of the Air Transportation law, any additional slot exemptions granted SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- Improvement Act. at Chicago O’Hare International Airport TIONAL SLOT EXEMPTIONS. shall not take effect until 107 years after the Notwithstanding any other provision of AMENDMENT NO. 2048 date of enactment of the Air Transportation law, any additional slot exemptions granted At the appropriate place, insert the fol- Improvement Act. at Chicago O’Hare International Airport lowing new section: shall not take effect until 100 years after the ll AMENDMENT NO. 2041 SEC. . EFFECTIVE DATE FOR CERTAIN ADDI- date of enactment of the Air Transportation TIONAL SLOT EXEMPTIONS. Improvement Act. At the appropriate place, insert the fol- Notwithstanding any other provision of lowing new section: law, any additional slot exemptions granted ll AMENDMENT NO. 2034 SEC. . EFFECTIVE DATE FOR CERTAIN ADDI- at Chicago O’Hare International Airport TIONAL SLOT EXEMPTIONS. shall not take effect until 115 years after the At the appropriate place, insert the fol- Notwithstanding any other provision of date of enactment of the Air Transportation lowing new section: law, any additional slot exemptions granted Improvement Act. SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- at Chicago O’Hare International Airport TIONAL SLOT EXEMPTIONS. shall not take effect until 108 years after the AMENDMENT NO. 2049 Notwithstanding any other provision of date of enactment of the Air Transportation At the appropriate place, insert the fol- law, any additional slot exemptions granted Improvement Act. at Chicago O’Hare International Airport lowing new section: ll shall not take effect until 101 years after the AMENDMENT NO. 2042 SEC. . EFFECTIVE DATE FOR CERTAIN ADDI- TIONAL SLOT EXEMPTIONS. date of enactment of the Air Transportation At the appropriate place, insert the fol- Improvement Act. Notwithstanding any other provision of lowing new section: law, any additional slot exemptions granted SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- AMENDMENT NO. 2035 at Chicago O’Hare International Airport TIONAL SLOT EXEMPTIONS. shall not take effect until 116 years after the At the appropriate place, insert the fol- Notwithstanding any other provision of lowing new section: date of enactment of the Air Transportation law, any additional slot exemptions granted Improvement Act. SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- at Chicago O’Hare International Airport TIONAL SLOT EXEMPTIONS. shall not take effect until 109 years after the AMENDMENT NO. 2050 Notwithstanding any other provision of date of enactment of the Air Transportation At the appropriate place, insert the fol- law, any additional slot exemptions granted Improvement Act. at Chicago O’Hare International Airport lowing new section: SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- shall not take effect until 102 years after the AMENDMENT NO. 2043 date of enactment of the Air Transportation TIONAL SLOT EXEMPTIONS. At the appropriate place, insert the fol- Notwithstanding any other provision of Improvement Act. lowing new section: law, any additional slot exemptions granted SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- at Chicago O’Hare International Airport AMENDMENT NO. 2036 TIONAL SLOT EXEMPTIONS. shall not take effect until 117 years after the At the appropriate place, insert the fol- Notwithstanding any other provision of date of enactment of the Air Transportation lowing new section: law, any additional slot exemptions granted Improvement Act. SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- at Chicago O’Hare International Airport TIONAL SLOT EXEMPTIONS. shall not take effect until 110 years after the AMENDMENT NO. 2051 Notwithstanding any other provision of date of enactment of the Air Transportation At the appropriate place, insert the fol- law, any additional slot exemptions granted Improvement Act. lowing new section: at Chicago O’Hare International Airport SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- shall not take effect until 103 years after the AMENDMENT NO. 2044 TIONAL SLOT EXEMPTIONS. date of enactment of the Air Transportation At the appropriate place, insert the fol- Notwithstanding any other provision of Improvement Act. lowing new section: law, any additional slot exemptions granted SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- at Chicago O’Hare International Airport AMENDMENT NO. 2037 TIONAL SLOT EXEMPTIONS. shall not take effect until 118 years after the At the appropriate place, insert the fol- Notwithstanding any other provision of date of enactment of the Air Transportation lowing new section: law, any additional slot exemptions granted Improvement Act. SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- at Chicago O’Hare International Airport TIONAL SLOT EXEMPTIONS. shall not take effect until 111 years after the AMENDMENT NO. 2052 Notwithstanding any other provision of date of enactment of the Air Transportation At the appropriate place, insert the fol- law, any additional slot exemptions granted Improvement Act. lowing new section: at Chicago O’Hare International Airport SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- shall not take effect until 104 years after the AMENDMENT NO. 2045 TIONAL SLOT EXEMPTIONS. date of enactment of the Air Transportation At the appropriate place, insert the fol- Notwithstanding any other provision of Improvement Act. lowing new section: law, any additional slot exemptions granted October 5, 1999 CONGRESSIONAL RECORD — SENATE S11997 at Chicago O’Hare International Airport shall not take effect until 126 years after the date of enactment of the Air Transportation shall not take effect until 119 years after the date of enactment of the Air Transportation Improvement Act. date of enactment of the Air Transportation Improvement Act. Improvement Act. AMENDMENT NO. 2067 AMENDMENT NO. 2060 At the appropriate place, insert the fol- AMENDMENT NO. 2053 At the appropriate place, insert the fol- lowing new section: At the appropriate place, insert the fol- lowing new section: SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- lowing new section: SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- TIONAL SLOT EXEMPTIONS. SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- TIONAL SLOT EXEMPTIONS. Notwithstanding any other provision of TIONAL SLOT EXEMPTIONS. Notwithstanding any other provision of law, any additional slot exemptions granted Notwithstanding any other provision of law, any additional slot exemptions granted at Chicago O’Hare International Airport law, any additional slot exemptions granted at Chicago O’Hare International Airport shall not take effect until 134 years after the at Chicago O’Hare International Airport shall not take effect until 127 years after the date of enactment of the Air Transportation shall not take effect until 120 years after the date of enactment of the Air Transportation Improvement Act. date of enactment of the Air Transportation Improvement Act. Improvement Act. AMENDMENT NO. 2068 AMENDMENT NO. 2061 At the appropriate place, insert the fol- AMENDMENT NO. 2054 At the appropriate place, insert the fol- lowing new section: At the appropriate place, insert the fol- lowing new section: SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- lowing new section: SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- TIONAL SLOT EXEMPTIONS. SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- TIONAL SLOT EXEMPTIONS. Notwithstanding any other provision of TIONAL SLOT EXEMPTIONS. Notwithstanding any other provision of law, any additional slot exemptions granted Notwithstanding any other provision of law, any additional slot exemptions granted at Chicago O’Hare International Airport law, any additional slot exemptions granted at Chicago O’Hare International Airport shall not take effect until 135 years after the at Chicago O’Hare International Airport shall not take effect until 128 years after the date of enactment of the Air Transportation shall not take effect until 121 years after the date of enactment of the Air Transportation Improvement Act. date of enactment of the Air Transportation Improvement Act. Improvement Act. AMENDMENT NO. 2069 AMENDMENT NO. 2062 At the appropriate place, insert the fol- AMENDMENT NO. 2055 At the appropriate place, insert the fol- lowing new section: At the appropriate place, insert the fol- lowing new section: SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- lowing new section: SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- TIONAL SLOT EXEMPTIONS. SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- TIONAL SLOT EXEMPTIONS. Notwithstanding any other provision of TIONAL SLOT EXEMPTIONS. Notwithstanding any other provision of law, any additional slot exemptions granted Notwithstanding any other provision of law, any additional slot exemptions granted at Chicago O’Hare International Airport law, any additional slot exemptions granted at Chicago O’Hare International Airport shall not take effect until 136 years after the at Chicago O’Hare International Airport shall not take effect until 129 years after the date of enactment of the Air Transportation shall not take effect until 122 years after the date of enactment of the Air Transportation Improvement Act. date of enactment of the Air Transportation Improvement Act. Improvement Act. HELMS (AND SANTORUM) AMENDMENT NO. 2063 AMENDMENT NO. 2070 AMENDMENT NO. 2056 At the appropriate place, insert the fol- Mr. MCCAIN (for Mr. HELMS (for him- At the appropriate place, insert the fol- lowing new section: self and Mr. SANTORUM)) proposed an lowing new section: SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- amendment to amendment No. 1892 SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- TIONAL SLOT EXEMPTIONS. proposed by Mr. GORTON to the bill, S. TIONAL SLOT EXEMPTIONS. Notwithstanding any other provision of Notwithstanding any other provision of law, any additional slot exemptions granted 82, supra; as follows: law, any additional slot exemptions granted at Chicago O’Hare International Airport In the pending amendment on page 13, line at Chicago O’Hare International Airport shall not take effect until 130 years after the 9 strike the words ‘‘of such carriers’’. shall not take effect until 123 years after the date of enactment of the Air Transportation date of enactment of the Air Transportation Improvement Act. INHOFE AMENDMENT NO. 2071 Improvement Act. Mr. MCCAIN (for Mr. INHOFE) pro- AMENDMENT NO. 2064 posed an amendment to the bill, S. 82, AMENDMENT NO. 2057 At the appropriate place, insert the fol- supra; as follows: At the appropriate place, insert the fol- lowing new section: On page 132, line 4, strike ‘‘is authorized lowing new section: SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- to’’ and insert ‘‘shall’’. SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- TIONAL SLOT EXEMPTIONS. TIONAL SLOT EXEMPTIONS. Notwithstanding any other provision of Notwithstanding any other provision of law, any additional slot exemptions granted FITZGERALD AMENDMENTS NOS. law, any additional slot exemptions granted at Chicago O’Hare International Airport 2072–2235 at Chicago O’Hare International Airport shall not take effect until 131 years after the (Ordered to lie on the table.) shall not take effect until 124 years after the date of enactment of the Air Transportation Mr. FITZGERALD submitted 164 date of enactment of the Air Transportation Improvement Act. amendments intended to be proposed Improvement Act. by him to the bill, S. 82, supra; as fol- AMENDMENT NO. 2065 lows: AMENDMENT NO. 2058 At the appropriate place, insert the fol- At the appropriate place, insert the fol- lowing new section: AMENDMENT NO. 2072 lowing new section: SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- At the appropriate place, insert the fol- SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- TIONAL SLOT EXEMPTIONS. lowing new section: TIONAL SLOT EXEMPTIONS. Notwithstanding any other provision of SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- Notwithstanding any other provision of law, any additional slot exemptions granted TIONAL SLOT EXEMPTIONS. law, any additional slot exemptions granted at Chicago O’Hare International Airport Notwithstanding any other provision of at Chicago O’Hare International Airport shall not take effect until 132 years after the law, any additional slot exemptions granted shall not take effect until 125 years after the date of enactment of the Air Transportation at Chicago O’Hare International Airport date of enactment of the Air Transportation Improvement Act. shall not take effect until 137 years after the Improvement Act. date of enactment of the Air Transportation AMENDMENT NO. 2066 Improvement Act. AMENDMENT NO. 2059 At the appropriate place, insert the fol- At the appropriate place, insert the fol- lowing new section: AMENDMENT NO. 2073 lowing new section: SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- At the appropriate place, insert the fol- SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- TIONAL SLOT EXEMPTIONS. lowing new section: TIONAL SLOT EXEMPTIONS. Notwithstanding any other provision of SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- Notwithstanding any other provision of law, any additional slot exemptions granted TIONAL SLOT EXEMPTIONS. law, any additional slot exemptions granted at Chicago O’Hare International Airport Notwithstanding any other provision of at Chicago O’Hare International Airport shall not take effect until 133 years after the law, any additional slot exemptions granted S11998 CONGRESSIONAL RECORD — SENATE October 5, 1999 at Chicago O’Hare International Airport shall not take effect until 145 years after the years after the date of enactment of the Air shall not take effect until 138 years after the date of enactment of the Air Transportation Transportation Improvement Act. date of enactment of the Air Transportation Improvement Act. Improvement Act. AMENDMENT NO. 2088 AMENDMENT NO. 2081 At the appropriate place, insert the fol- AMENDMENT NO. 2074 At the appropriate place, insert the fol- lowing new section: At the appropriate place, insert the fol- lowing new section: SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- lowing new section: SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- TIONAL SLOT EXEMPTIONS. SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- TIONAL SLOT EXEMPTIONS. Notwithstanding any other provision of TIONAL SLOT EXEMPTIONS. Notwithstanding any other provision of law, any provision to eliminate the High Notwithstanding any other provision of law, any additional slot exemptions granted Density Rule at Chicago O’Hare Inter- law, any additional slot exemptions granted at Chicago O’Hare International Airport national Airport shall not take effect until 5 at Chicago O’Hare International Airport shall not take effect until 146 years after the years after the date of enactment of the Air shall not take effect until 139 years after the date of enactment of the Air Transportation Transportation Improvement Act. date of enactment of the Air Transportation Improvement Act. Improvement Act. AMENDMENT NO. 2089 AMENDMENT NO. 2082 At the appropriate place, insert the fol- AMENDMENT NO. 2075 At the appropriate place, insert the fol- lowing new section: At the appropriate place, insert the fol- lowing new section: SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- lowing new section: SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- TIONAL SLOT EXEMPTIONS. SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- TIONAL SLOT EXEMPTIONS. Notwithstanding any other provision of TIONAL SLOT EXEMPTIONS. Notwithstanding any other provision of law, any provision to eliminate the High Notwithstanding any other provision of law, any additional slot exemptions granted Density Rule at Chicago O’Hare Inter- law, any additional slot exemptions granted at Chicago O’Hare International Airport national Airport shall not take effect until 6 at Chicago O’Hare International Airport shall not take effect until 147 years after the years after the date of enactment of the Air shall not take effect until 140 years after the date of enactment of the Air Transportation Transportation Improvement Act. date of enactment of the Air Transportation Improvement Act. Improvement Act. AMENDMENT NO. 2090 AMENDMENT NO. 2083 At the appropriate place, insert the fol- AMENDMENT NO. 2076 At the appropriate place, insert the fol- lowing new section: At the appropriate place, insert the fol- lowing new section: SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- TIONAL SLOT EXEMPTIONS. lowing new section: SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- Notwithstanding any other provision of SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- TIONAL SLOT EXEMPTIONS. TIONAL SLOT EXEMPTIONS. Notwithstanding any other provision of law, any provision to eliminate the High Notwithstanding any other provision of law, any additional slot exemptions granted Density Rule at Chicago O’Hare Inter- law, any additional slot exemptions granted at Chicago O’Hare International Airport national Airport shall not take effect until 7 at Chicago O’Hare International Airport shall not take effect until 148 years after the years after the date of enactment of the Air shall not take effect until 141 years after the date of enactment of the Air Transportation Transportation Improvement Act. date of enactment of the Air Transportation Improvement Act. Improvement Act. AMENDMENT NO. 2091 AMENDMENT NO. 2084 At the appropriate place, insert the fol- lowing new section: AMENDMENT NO. 2077 At the appropriate place, insert the fol- ll At the appropriate place, insert the fol- lowing new section: SEC. . EFFECTIVE DATE FOR CERTAIN ADDI- TIONAL SLOT EXEMPTIONS. lowing new section: ll SEC. . EFFECTIVE DATE FOR CERTAIN ADDI- Notwithstanding any other provision of ll TIONAL SLOT EXEMPTIONS. SEC. . EFFECTIVE DATE FOR CERTAIN ADDI- law, any provision to eliminate the High TIONAL SLOT EXEMPTIONS. Notwithstanding any other provision of Density Rule at Chicago O’Hare Inter- Notwithstanding any other provision of law, any additional slot exemptions granted national Airport shall not take effect until 8 law, any additional slot exemptions granted at Chicago O’Hare International Airport years after the date of enactment of the Air at Chicago O’Hare International Airport shall not take effect until 149 years after the Transportation Improvement Act. shall not take effect until 142 years after the date of enactment of the Air Transportation date of enactment of the Air Transportation Improvement Act. AMENDMENT NO. 2092 Improvement Act. AMENDMENT NO. 2085 At the appropriate place, insert the fol- AMENDMENT NO. 2078 lowing new section: At the appropriate place, insert the fol- ll At the appropriate place, insert the fol- lowing new section: SEC. . EFFECTIVE DATE FOR CERTAIN ADDI- TIONAL SLOT EXEMPTIONS. lowing new section: ll SEC. . EFFECTIVE DATE FOR CERTAIN ADDI- Notwithstanding any other provision of SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- TIONAL SLOT EXEMPTIONS. law, any provision to eliminate the High TIONAL SLOT EXEMPTIONS. Notwithstanding any other provision of Density Rule at Chicago O’Hare Inter- Notwithstanding any other provision of law, any additional slot exemptions granted national Airport shall not take effect until 9 law, any additional slot exemptions granted at Chicago O’Hare International Airport years after the date of enactment of the Air at Chicago O’Hare International Airport shall not take effect until 150 years after the Transportation Improvement Act. shall not take effect until 143 years after the date of enactment of the Air Transportation date of enactment of the Air Transportation Improvement Act. AMENDMENT NO. 2093 Improvement Act. At the appropriate place, insert the fol- AMENDMENT NO. 2086 lowing new section: AMENDMENT NO. 2079 At the appropriate place, insert the fol- SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- At the appropriate place, insert the fol- lowing new section: TIONAL SLOT EXEMPTIONS. lowing new section: SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- Notwithstanding any other provision of SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- TIONAL SLOT EXEMPTIONS. law, any provision to eliminate the High TIONAL SLOT EXEMPTIONS. Notwithstanding any other provision of Density Rule at Chicago O’Hare Inter- Notwithstanding any other provision of law, any additional slot exemptions granted national Airport shall not take effect until law, any additional slot exemptions granted at Chicago O’Hare International Airport 10 years after the date of enactment of the at Chicago O’Hare International Airport shall not take effect until 151 years after the Air Transportation Improvement Act. shall not take effect until 144 years after the date of enactment of the Air Transportation date of enactment of the Air Transportation Improvement Act. AMENDMENT NO. 2094 Improvement Act. At the appropriate place, insert the fol- AMENDMENT NO. 2087 lowing new section: AMENDMENT NO. 2080 At the appropriate place, insert the fol- SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- At the appropriate place, insert the fol- lowing new section: TIONAL SLOT EXEMPTIONS. lowing new section: SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- Notwithstanding any other provision of SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- TIONAL SLOT EXEMPTIONS. law, any provision to eliminate the High TIONAL SLOT EXEMPTIONS. Notwithstanding any other provision of Density Rule at Chicago O’Hare Inter- Notwithstanding any other provision of law, any provision to eliminate the High national Airport shall not take effect until law, any additional slot exemptions granted Density Rule at Chicago O’Hare Inter- 11 years after the date of enactment of the at Chicago O’Hare International Airport national Airport shall not take effect until 4 Air Transportation Improvement Act. October 5, 1999 CONGRESSIONAL RECORD — SENATE S11999

AMENDMENT NO. 2095 SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- Density Rule at Chicago O’Hare Inter- At the appropriate place, insert the fol- TIONAL SLOT EXEMPTIONS. national Airport shall not take effect until lowing new section: Notwithstanding any other provision of 26 years after the date of enactment of the law, any provision to eliminate the High SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- Air Transportation Improvement Act. TIONAL SLOT EXEMPTIONS. Density Rule at Chicago O’Hare Inter- Notwithstanding any other provision of national Airport shall not take effect until AMENDMENT NO. 2110 law, any provision to eliminate the High 19 years after the date of enactment of the At the appropriate place, insert the fol- Density Rule at Chicago O’Hare Inter- Air Transportation Improvement Act. lowing new section: national Airport shall not take effect until SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- AMENDMENT NO. 2103 12 years after the date of enactment of the TIONAL SLOT EXEMPTIONS. Air Transportation Improvement Act. At the appropriate place, insert the fol- Notwithstanding any other provision of lowing new section: law, any provision to eliminate the High ll AMENDMENT NO. 2096 SEC. . EFFECTIVE DATE FOR CERTAIN ADDI- Density Rule at Chicago O’Hare Inter- At the appropriate place, insert the fol- TIONAL SLOT EXEMPTIONS. national Airport shall not take effect until Notwithstanding any other provision of lowing new section: 27 years after the date of enactment of the law, any provision to eliminate the High ll Air Transportation Improvement Act. SEC. . EFFECTIVE DATE FOR CERTAIN ADDI- Density Rule at Chicago O’Hare Inter- TIONAL SLOT EXEMPTIONS. national Airport shall not take effect until Notwithstanding any other provision of AMENDMENT NO. 2111 law, any provision to eliminate the High 20 years after the date of enactment of the Air Transportation Improvement Act. At the appropriate place, insert the fol- Density Rule at Chicago O’Hare Inter- lowing new section: national Airport shall not take effect until AMENDMENT NO. 2104 SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- 13 years after the date of enactment of the TIONAL SLOT EXEMPTIONS. Air Transportation Improvement Act. At the appropriate place, insert the fol- lowing new section: Notwithstanding any other provision of ll law, any provision to eliminate the High AMENDMENT NO. 2097 SEC. . EFFECTIVE DATE FOR CERTAIN ADDI- TIONAL SLOT EXEMPTIONS. Density Rule at Chicago O’Hare Inter- At the appropriate place, insert the fol- Notwithstanding any other provision of national Airport shall not take effect until lowing new section: law, any provision to eliminate the High 28 years after the date of enactment of the ll SEC. . EFFECTIVE DATE FOR CERTAIN ADDI- Density Rule at Chicago O’Hare Inter- Air Transportation Improvement Act. TIONAL SLOT EXEMPTIONS. national Airport shall not take effect until Notwithstanding any other provision of 21 years after the date of enactment of the AMENDMENT NO. 2112 law, any provision to eliminate the High Air Transportation Improvement Act. At the appropriate place, insert the fol- Density Rule at Chicago O’Hare Inter- lowing new section: national Airport shall not take effect until AMENDMENT NO. 2105 ll 14 years after the date of enactment of the SEC. . EFFECTIVE DATE FOR CERTAIN ADDI- At the appropriate place, insert the fol- TIONAL SLOT EXEMPTIONS. Air Transportation Improvement Act. lowing new section: Notwithstanding any other provision of ll law, any provision to eliminate the High AMENDMENT NO. 2098 SEC. . EFFECTIVE DATE FOR CERTAIN ADDI- TIONAL SLOT EXEMPTIONS. Density Rule at Chicago O’Hare Inter- At the appropriate place, insert the fol- Notwithstanding any other provision of national Airport shall not take effect until lowing new section: law, any provision to eliminate the High 29 years after the date of enactment of the ll SEC. . EFFECTIVE DATE FOR CERTAIN ADDI- Density Rule at Chicago O’Hare Inter- Air Transportation Improvement Act. TIONAL SLOT EXEMPTIONS. national Airport shall not take effect until Notwithstanding any other provision of 22 years after the date of enactment of the AMENDMENT NO. 2113 law, any provision to eliminate the High Air Transportation Improvement Act. Density Rule at Chicago O’Hare Inter- At the appropriate place, insert the fol- lowing new section: national Airport shall not take effect until AMENDMENT NO. 2106 15 years after the date of enactment of the SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- At the appropriate place, insert the fol- Air Transportation Improvement Act. TIONAL SLOT EXEMPTIONS. lowing new section: Notwithstanding any other provision of ll AMENDMENT NO. 2099 SEC. . EFFECTIVE DATE FOR CERTAIN ADDI- law, any provision to eliminate the High TIONAL SLOT EXEMPTIONS. Density Rule at Chicago O’Hare Inter- At the appropriate place, insert the fol- Notwithstanding any other provision of lowing new section: national Airport shall not take effect until law, any provision to eliminate the High 30 years after the date of enactment of the SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- Density Rule at Chicago O’Hare Inter- Air Transportation Improvement Act. TIONAL SLOT EXEMPTIONS. national Airport shall not take effect until Notwithstanding any other provision of 23 years after the date of enactment of the AMENDMENT NO. 2114 law, any provision to eliminate the High Air Transportation Improvement Act. Density Rule at Chicago O’Hare Inter- At the appropriate place, insert the fol- lowing new section: national Airport shall not take effect until AMENDMENT NO. 2107 SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- 16 years after the date of enactment of the At the appropriate place, insert the fol- Air Transportation Improvement Act. TIONAL SLOT EXEMPTIONS. lowing new section: Notwithstanding any other provision of SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- AMENDMENT NO. 2100 law, any provision to eliminate the High TIONAL SLOT EXEMPTIONS. Density Rule at Chicago O’Hare Inter- At the appropriate place, insert the fol- Notwithstanding any other provision of national Airport shall not take effect until lowing new section: law, any provision to eliminate the High 31 years after the date of enactment of the SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- Density Rule at Chicago O’Hare Inter- Air Transportation Improvement Act. TIONAL SLOT EXEMPTIONS. national Airport shall not take effect until Notwithstanding any other provision of 24 years after the date of enactment of the AMENDMENT NO. 2115 law, any provision to eliminate the High Air Transportation Improvement Act. Density Rule at Chicago O’Hare Inter- At the appropriate place, insert the fol- national Airport shall not take effect until AMENDMENT NO. 2108 lowing new section: 17 years after the date of enactment of the At the appropriate place, insert the fol- SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- Air Transportation Improvement Act. lowing new section: TIONAL SLOT EXEMPTIONS. Notwithstanding any other provision of SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- AMENDMENT NO. 2101 TIONAL SLOT EXEMPTIONS. law, any provision to eliminate the High At the appropriate place, insert the fol- Notwithstanding any other provision of Density Rule at Chicago O’Hare Inter- lowing new section: law, any provision to eliminate the High national Airport shall not take effect until SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- Density Rule at Chicago O’Hare Inter- 32 years after the date of enactment of the TIONAL SLOT EXEMPTIONS. national Airport shall not take effect until Air Transportation Improvement Act. Notwithstanding any other provision of 25 years after the date of enactment of the law, any provision to eliminate the High Air Transportation Improvement Act. AMENDMENT NO. 2116 Density Rule at Chicago O’Hare Inter- At the appropriate place, insert the fol- national Airport shall not take effect until AMENDMENT NO. 2109 lowing new section: 18 years after the date of enactment of the At the appropriate place, insert the fol- SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- Air Transportation Improvement Act. lowing new section: TIONAL SLOT EXEMPTIONS. SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- Notwithstanding any other provision of AMENDMENT NO. 2102 TIONAL SLOT EXEMPTIONS. law, any provision to eliminate the High At the appropriate place, insert the fol- Notwithstanding any other provision of Density Rule at Chicago O’Hare Inter- lowing new section: law, any provision to eliminate the High national Airport shall not take effect until S12000 CONGRESSIONAL RECORD — SENATE October 5, 1999

33 years after the date of enactment of the AMENDMENT NO. 2124 SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- Air Transportation Improvement Act. At the appropriate place, insert the fol- TIONAL SLOT EXEMPTIONS. lowing new section: Notwithstanding any other provision of law, any provision to eliminate the High AMENDMENT NO. 2117 SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- At the appropriate place, insert the fol- TIONAL SLOT EXEMPTIONS. Density Rule at Chicago O’Hare Inter- lowing new section: Notwithstanding any other provision of national Airport shall not take effect until 48 years after the date of enactment of the SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- law, any provision to eliminate the High TIONAL SLOT EXEMPTIONS. Density Rule at Chicago O’Hare Inter- Air Transportation Improvement Act. Notwithstanding any other provision of national Airport shall not take effect until AMENDMENT NO. 2132 law, any provision to eliminate the High 41 years after the date of enactment of the Density Rule at Chicago O’Hare Inter- Air Transportation Improvement Act. At the appropriate place, insert the fol- national Airport shall not take effect until lowing new section: 34 years after the date of enactment of the AMENDMENT NO. 2125 SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- Air Transportation Improvement Act. At the appropriate place, insert the fol- TIONAL SLOT EXEMPTIONS. lowing new section: Notwithstanding any other provision of law, any provision to eliminate the High AMENDMENT NO. 2118 SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- Density Rule at Chicago O’Hare Inter- At the appropriate place, insert the fol- TIONAL SLOT EXEMPTIONS. national Airport shall not take effect until lowing new section: Notwithstanding any other provision of 49 years after the date of enactment of the ll law, any provision to eliminate the High SEC. . EFFECTIVE DATE FOR CERTAIN ADDI- Air Transportation Improvement Act. TIONAL SLOT EXEMPTIONS. Density Rule at Chicago O’Hare Inter- national Airport shall not take effect until Notwithstanding any other provision of AMENDMENT NO. 2133 law, any provision to eliminate the High 42 years after the date of enactment of the At the appropriate place, insert the fol- Density Rule at Chicago O’Hare Inter- Air Transportation Improvement Act. lowing new section: national Airport shall not take effect until ll 35 years after the date of enactment of the AMENDMENT NO. 2126 SEC. . EFFECTIVE DATE FOR CERTAIN ADDI- TIONAL SLOT EXEMPTIONS. Air Transportation Improvement Act. At the appropriate place, insert the fol- lowing new section: Notwithstanding any other provision of law, any provision to eliminate the High AMENDMENT NO. 2119 SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- Density Rule at Chicago O’Hare Inter- At the appropriate place, insert the fol- TIONAL SLOT EXEMPTIONS. Notwithstanding any other provision of national Airport shall not take effect until lowing new section: 50 years after the date of enactment of the ll law, any provision to eliminate the High SEC. . EFFECTIVE DATE FOR CERTAIN ADDI- Density Rule at Chicago O’Hare Inter- Air Transportation Improvement Act. TIONAL SLOT EXEMPTIONS. national Airport shall not take effect until Notwithstanding any other provision of AMENDMENT NO. 2134 law, any provision to eliminate the High 43 years after the date of enactment of the Air Transportation Improvement Act. At the appropriate place, insert the fol- Density Rule at Chicago O’Hare Inter- lowing new section: national Airport shall not take effect until AMENDMENT NO. 2127 SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- 36 years after the date of enactment of the TIONAL SLOT EXEMPTIONS. Air Transportation Improvement Act. At the appropriate place, insert the fol- lowing new section: Notwithstanding any other provision of ll law, any provision to eliminate the High AMENDMENT NO. 2120 SEC. . EFFECTIVE DATE FOR CERTAIN ADDI- TIONAL SLOT EXEMPTIONS. Density Rule at Chicago O’Hare Inter- At the appropriate place, insert the fol- Notwithstanding any other provision of national Airport shall not take effect until lowing new section: law, any provision to eliminate the High 51 years after the date of enactment of the SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- Density Rule at Chicago O’Hare Inter- Air Transportation Improvement Act. TIONAL SLOT EXEMPTIONS. national Airport shall not take effect until Notwithstanding any other provision of 44 years after the date of enactment of the AMENDMENT NO. 2135 law, any provision to eliminate the High Air Transportation Improvement Act. At the appropriate place, insert the fol- Density Rule at Chicago O’Hare Inter- lowing new section: national Airport shall not take effect until AMENDMENT NO. 2128 SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- 37 years after the date of enactment of the At the appropriate place, insert the fol- TIONAL SLOT EXEMPTIONS. Air Transportation Improvement Act. lowing new section: Notwithstanding any other provision of SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- law, any provision to eliminate the High AMENDMENT NO. 2121 TIONAL SLOT EXEMPTIONS. Density Rule at Chicago O’Hare Inter- At the appropriate place, insert the fol- Notwithstanding any other provision of national Airport shall not take effect until lowing new section: law, any provision to eliminate the High 52 years after the date of enactment of the SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- Density Rule at Chicago O’Hare Inter- Air Transportation Improvement Act. TIONAL SLOT EXEMPTIONS. national Airport shall not take effect until Notwithstanding any other provision of 45 years after the date of enactment of the AMENDMENT NO. 2136 law, any provision to eliminate the High Air Transportation Improvement Act. At the appropriate place, insert the fol- Density Rule at Chicago O’Hare Inter- lowing new section: national Airport shall not take effect until AMENDMENT NO. 2129 SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- 38 years after the date of enactment of the At the appropriate place, insert the fol- TIONAL SLOT EXEMPTIONS. Air Transportation Improvement Act. lowing new section: Notwithstanding any other provision of SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- law, any provision to eliminate the High AMENDMENT NO. 2122 TIONAL SLOT EXEMPTIONS. Density Rule at Chicago O’Hare Inter- At the appropriate place, insert the fol- Notwithstanding any other provision of national Airport shall not take effect until lowing new section: law, any provision to eliminate the High 53 years after the date of enactment of the SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- Density Rule at Chicago O’Hare Inter- Air Transportation Improvement Act. TIONAL SLOT EXEMPTIONS. national Airport shall not take effect until AMENDMENT NO. 2137 Notwithstanding any other provision of 46 years after the date of enactment of the At the appropriate place, insert the fol- law, any provision to eliminate the High Air Transportation Improvement Act. lowing new section: Density Rule at Chicago O’Hare Inter- SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- national Airport shall not take effect until AMENDMENT NO. 2130 TIONAL SLOT EXEMPTIONS. 39 years after the date of enactment of the At the appropriate place, insert the fol- Notwithstanding any other provision of Air Transportation Improvement Act. lowing new section: law, any provision to eliminate the High SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- Density Rule at Chicago O’Hare Inter- AMENDMENT NO. 2123 TIONAL SLOT EXEMPTIONS. national Airport shall not take effect until At the appropriate place, insert the fol- Notwithstanding any other provision of 54 years after the date of enactment of the lowing new section: law, any provision to eliminate the High Air Transportation Improvement Act. SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- Density Rule at Chicago O’Hare Inter- TIONAL SLOT EXEMPTIONS. national Airport shall not take effect until AMENDMENT NO. 2138 Notwithstanding any other provision of 47 years after the date of enactment of the At the appropriate place, insert the fol- law, any provision to eliminate the High Air Transportation Improvement Act. lowing new section: Density Rule at Chicago O’Hare Inter- SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- national Airport shall not take effect until AMENDMENT NO. 2131 TIONAL SLOT EXEMPTIONS. 40 years after the date of enactment of the At the appropriate place, insert the fol- Notwithstanding any other provision of Air Transportation Improvement Act. lowing new section: law, any provision to eliminate the High October 5, 1999 CONGRESSIONAL RECORD — SENATE S12001 Density Rule at Chicago O’Hare Inter- national Airport shall not take effect until 69 years after the date of enactment of the national Airport shall not take effect until 62 years after the date of enactment of the Air Transportation Improvement Act. 55 years after the date of enactment of the Air Transportation Improvement Act. Air Transportation Improvement Act. AMENDMENT NO. 2153 AMENDMENT NO. 2146 At the appropriate place, insert the fol- AMENDMENT NO. 2139 At the appropriate place, insert the fol- lowing new section: At the appropriate place, insert the fol- lowing new section: SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- lowing new section: SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- TIONAL SLOT EXEMPTIONS. SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- TIONAL SLOT EXEMPTIONS. Notwithstanding any other provision of TIONAL SLOT EXEMPTIONS. Notwithstanding any other provision of law, any provision to eliminate the High Notwithstanding any other provision of law, any provision to eliminate the High Density Rule at Chicago O’Hare Inter- law, any provision to eliminate the High Density Rule at Chicago O’Hare Inter- national Airport shall not take effect until Density Rule at Chicago O’Hare Inter- national Airport shall not take effect until 70 years after the date of enactment of the national Airport shall not take effect until 63 years after the date of enactment of the Air Transportation Improvement Act. 56 years after the date of enactment of the Air Transportation Improvement Act. Air Transportation Improvement Act. AMENDMENT NO. 2154 AMENDMENT NO. 2147 At the appropriate place, insert the fol- AMENDMENT NO. 2140 At the appropriate place, insert the fol- lowing new section: At the appropriate place, insert the fol- lowing new section: SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- lowing new section: SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- TIONAL SLOT EXEMPTIONS. SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- TIONAL SLOT EXEMPTIONS. Notwithstanding any other provision of TIONAL SLOT EXEMPTIONS. Notwithstanding any other provision of law, any provision to eliminate the High Notwithstanding any other provision of law, any provision to eliminate the High Density Rule at Chicago O’Hare Inter- law, any provision to eliminate the High Density Rule at Chicago O’Hare Inter- national Airport shall not take effect until Density Rule at Chicago O’Hare Inter- national Airport shall not take effect until 71 years after the date of enactment of the national Airport shall not take effect until 64 years after the date of enactment of the Air Transportation Improvement Act. 57 years after the date of enactment of the Air Transportation Improvement Act. Air Transportation Improvement Act. AMENDMENT NO. 2155 AMENDMENT NO. 2148 At the appropriate place, insert the fol- AMENDMENT NO. 2141 At the appropriate place, insert the fol- lowing new section: At the appropriate place, insert the fol- lowing new section: SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- TIONAL SLOT EXEMPTIONS. lowing new section: SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- Notwithstanding any other provision of SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- TIONAL SLOT EXEMPTIONS. TIONAL SLOT EXEMPTIONS. Notwithstanding any other provision of law, any provision to eliminate the High Notwithstanding any other provision of law, any provision to eliminate the High Density Rule at Chicago O’Hare Inter- law, any provision to eliminate the High Density Rule at Chicago O’Hare Inter- national Airport shall not take effect until Density Rule at Chicago O’Hare Inter- national Airport shall not take effect until 72 years after the date of enactment of the national Airport shall not take effect until 65 years after the date of enactment of the Air Transportation Improvement Act. 58 years after the date of enactment of the Air Transportation Improvement Act. Air Transportation Improvement Act. AMENDMENT NO. 2156 AMENDMENT NO. 2149 At the appropriate place, insert the fol- lowing new section: AMENDMENT NO. 2142 At the appropriate place, insert the fol- ll At the appropriate place, insert the fol- lowing new section: SEC. . EFFECTIVE DATE FOR CERTAIN ADDI- TIONAL SLOT EXEMPTIONS. lowing new section: ll SEC. . EFFECTIVE DATE FOR CERTAIN ADDI- Notwithstanding any other provision of ll TIONAL SLOT EXEMPTIONS. SEC. . EFFECTIVE DATE FOR CERTAIN ADDI- law, any provision to eliminate the High TIONAL SLOT EXEMPTIONS. Notwithstanding any other provision of Density Rule at Chicago O’Hare Inter- Notwithstanding any other provision of law, any provision to eliminate the High national Airport shall not take effect until law, any provision to eliminate the High Density Rule at Chicago O’Hare Inter- 73 years after the date of enactment of the Density Rule at Chicago O’Hare Inter- national Airport shall not take effect until Air Transportation Improvement Act. national Airport shall not take effect until 66 years after the date of enactment of the 59 years after the date of enactment of the Air Transportation Improvement Act. AMENDMENT NO. 2157 Air Transportation Improvement Act. AMENDMENT NO. 2150 At the appropriate place, insert the fol- AMENDMENT NO. 2143 lowing new section: At the appropriate place, insert the fol- ll At the appropriate place, insert the fol- lowing new section: SEC. . EFFECTIVE DATE FOR CERTAIN ADDI- TIONAL SLOT EXEMPTIONS. lowing new section: ll SEC. . EFFECTIVE DATE FOR CERTAIN ADDI- Notwithstanding any other provision of SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- TIONAL SLOT EXEMPTIONS. law, any provision to eliminate the High TIONAL SLOT EXEMPTIONS. Notwithstanding any other provision of Density Rule at Chicago O’Hare Inter- Notwithstanding any other provision of law, any provision to eliminate the High national Airport shall not take effect until law, any provision to eliminate the High Density Rule at Chicago O’Hare Inter- 74 years after the date of enactment of the Density Rule at Chicago O’Hare Inter- national Airport shall not take effect until Air Transportation Improvement Act. national Airport shall not take effect until 67 years after the date of enactment of the 60 years after the date of enactment of the Air Transportation Improvement Act. AMENDMENT NO. 2158 Air Transportation Improvement Act. At the appropriate place, insert the fol- AMENDMENT NO. 2151 lowing new section: AMENDMENT NO. 2144 At the appropriate place, insert the fol- SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- At the appropriate place, insert the fol- lowing new section: TIONAL SLOT EXEMPTIONS. lowing new section: SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- Notwithstanding any other provision of SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- TIONAL SLOT EXEMPTIONS. law, any provision to eliminate the High TIONAL SLOT EXEMPTIONS. Notwithstanding any other provision of Density Rule at Chicago O’Hare Inter- Notwithstanding any other provision of law, any provision to eliminate the High national Airport shall not take effect until law, any provision to eliminate the High Density Rule at Chicago O’Hare Inter- 75 years after the date of enactment of the Density Rule at Chicago O’Hare Inter- national Airport shall not take effect until Air Transportation Improvement Act. national Airport shall not take effect until 68 years after the date of enactment of the 61 years after the date of enactment of the Air Transportation Improvement Act. AMENDMENT NO. 2159 Air Transportation Improvement Act. At the appropriate place, insert the fol- AMENDMENT NO. 2152 lowing new section: AMENDMENT NO. 2145 At the appropriate place, insert the fol- SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- At the appropriate place, insert the fol- lowing new section: TIONAL SLOT EXEMPTIONS. lowing new section: SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- Notwithstanding any other provision of SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- TIONAL SLOT EXEMPTIONS. law, any provision to eliminate the High TIONAL SLOT EXEMPTIONS. Notwithstanding any other provision of Density Rule at Chicago O’Hare Inter- Notwithstanding any other provision of law, any provision to eliminate the High national Airport shall not take effect until law, any provision to eliminate the High Density Rule at Chicago O’Hare Inter- 76 years after the date of enactment of the Density Rule at Chicago O’Hare Inter- national Airport shall not take effect until Air Transportation Improvement Act. S12002 CONGRESSIONAL RECORD — SENATE October 5, 1999

AMENDMENT NO. 2160 SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- Density Rule at Chicago O’Hare Inter- At the appropriate place, insert the fol- TIONAL SLOT EXEMPTIONS. national Airport shall not take effect until lowing new section: Notwithstanding any other provision of 91 years after the date of enactment of the law, any provision to eliminate the High SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- Air Transportation Improvement Act. TIONAL SLOT EXEMPTIONS. Density Rule at Chicago O’Hare Inter- Notwithstanding any other provision of national Airport shall not take effect until AMENDMENT NO. 2175 law, any provision to eliminate the High 84 years after the date of enactment of the At the appropriate place, insert the fol- Density Rule at Chicago O’Hare Inter- Air Transportation Improvement Act. lowing new section: national Airport shall not take effect until SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- AMENDMENT NO. 2168 77 years after the date of enactment of the TIONAL SLOT EXEMPTIONS. Air Transportation Improvement Act. At the appropriate place, insert the fol- Notwithstanding any other provision of lowing new section: law, any provision to eliminate the High ll AMENDMENT NO. 2161 SEC. . EFFECTIVE DATE FOR CERTAIN ADDI- Density Rule at Chicago O’Hare Inter- At the appropriate place, insert the fol- TIONAL SLOT EXEMPTIONS. national Airport shall not take effect until Notwithstanding any other provision of lowing new section: 92 years after the date of enactment of the law, any provision to eliminate the High ll Air Transportation Improvement Act. SEC. . EFFECTIVE DATE FOR CERTAIN ADDI- Density Rule at Chicago O’Hare Inter- TIONAL SLOT EXEMPTIONS. national Airport shall not take effect until Notwithstanding any other provision of AMENDMENT NO. 2176 law, any provision to eliminate the High 85 years after the date of enactment of the Air Transportation Improvement Act. At the appropriate place, insert the fol- Density Rule at Chicago O’Hare Inter- lowing new section: national Airport shall not take effect until AMENDMENT NO. 2169 SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- 78 years after the date of enactment of the TIONAL SLOT EXEMPTIONS. Air Transportation Improvement Act. At the appropriate place, insert the fol- lowing new section: Notwithstanding any other provision of ll law, any provision to eliminate the High AMENDMENT NO. 2162 SEC. . EFFECTIVE DATE FOR CERTAIN ADDI- TIONAL SLOT EXEMPTIONS. Density Rule at Chicago O’Hare Inter- At the appropriate place, insert the fol- Notwithstanding any other provision of national Airport shall not take effect until lowing new section: law, any provision to eliminate the High 93 years after the date of enactment of the ll SEC. . EFFECTIVE DATE FOR CERTAIN ADDI- Density Rule at Chicago O’Hare Inter- Air Transportation Improvement Act. TIONAL SLOT EXEMPTIONS. national Airport shall not take effect until Notwithstanding any other provision of 86 years after the date of enactment of the AMENDMENT NO. 2177 law, any provision to eliminate the High Air Transportation Improvement Act. At the appropriate place, insert the fol- Density Rule at Chicago O’Hare Inter- lowing new section: national Airport shall not take effect until AMENDMENT NO. 2170 ll 79 years after the date of enactment of the SEC. . EFFECTIVE DATE FOR CERTAIN ADDI- At the appropriate place, insert the fol- TIONAL SLOT EXEMPTIONS. Air Transportation Improvement Act. lowing new section: Notwithstanding any other provision of ll law, any provision to eliminate the High AMENDMENT NO. 2163 SEC. . EFFECTIVE DATE FOR CERTAIN ADDI- TIONAL SLOT EXEMPTIONS. Density Rule at Chicago O’Hare Inter- At the appropriate place, insert the fol- Notwithstanding any other provision of national Airport shall not take effect until lowing new section: law, any provision to eliminate the High 94 years after the date of enactment of the ll SEC. . EFFECTIVE DATE FOR CERTAIN ADDI- Density Rule at Chicago O’Hare Inter- Air Transportation Improvement Act. TIONAL SLOT EXEMPTIONS. national Airport shall not take effect until Notwithstanding any other provision of 87 years after the date of enactment of the AMENDMENT NO. 2178 law, any provision to eliminate the High Air Transportation Improvement Act. Density Rule at Chicago O’Hare Inter- At the appropriate place, insert the fol- lowing new section: national Airport shall not take effect until AMENDMENT NO. 2171 80 years after the date of enactment of the SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- At the appropriate place, insert the fol- Air Transportation Improvement Act. TIONAL SLOT EXEMPTIONS. lowing new section: Notwithstanding any other provision of ll AMENDMENT NO. 2164 SEC. . EFFECTIVE DATE FOR CERTAIN ADDI- law, any provision to eliminate the High TIONAL SLOT EXEMPTIONS. Density Rule at Chicago O’Hare Inter- At the appropriate place, insert the fol- Notwithstanding any other provision of lowing new section: national Airport shall not take effect until law, any provision to eliminate the High 95 years after the date of enactment of the SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- Density Rule at Chicago O’Hare Inter- Air Transportation Improvement Act. TIONAL SLOT EXEMPTIONS. national Airport shall not take effect until Notwithstanding any other provision of 88 years after the date of enactment of the AMENDMENT NO. 2179 law, any provision to eliminate the High Air Transportation Improvement Act. Density Rule at Chicago O’Hare Inter- At the appropriate place, insert the fol- lowing new section: national Airport shall not take effect until AMENDMENT NO. 2172 SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- 81 years after the date of enactment of the At the appropriate place, insert the fol- Air Transportation Improvement Act. TIONAL SLOT EXEMPTIONS. lowing new section: Notwithstanding any other provision of SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- AMENDMENT NO. 2165 law, any provision to eliminate the High TIONAL SLOT EXEMPTIONS. Density Rule at Chicago O’Hare Inter- At the appropriate place, insert the fol- Notwithstanding any other provision of national Airport shall not take effect until lowing new section: law, any provision to eliminate the High 96 years after the date of enactment of the SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- Density Rule at Chicago O’Hare Inter- Air Transportation Improvement Act. TIONAL SLOT EXEMPTIONS. national Airport shall not take effect until Notwithstanding any other provision of 89 years after the date of enactment of the AMENDMENT NO. 2180 law, any provision to eliminate the High Air Transportation Improvement Act. Density Rule at Chicago O’Hare Inter- At the appropriate place, insert the fol- national Airport shall not take effect until AMENDMENT NO. 2173 lowing new section: 82 years after the date of enactment of the At the appropriate place, insert the fol- SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- Air Transportation Improvement Act. lowing new section: TIONAL SLOT EXEMPTIONS. Notwithstanding any other provision of SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- AMENDMENT NO. 2166 TIONAL SLOT EXEMPTIONS. law, any provision to eliminate the High At the appropriate place, insert the fol- Notwithstanding any other provision of Density Rule at Chicago O’Hare Inter- lowing new section: law, any provision to eliminate the High national Airport shall not take effect until SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- Density Rule at Chicago O’Hare Inter- 97 years after the date of enactment of the TIONAL SLOT EXEMPTIONS. national Airport shall not take effect until Air Transportation Improvement Act. Notwithstanding any other provision of 90 years after the date of enactment of the law, any provision to eliminate the High Air Transportation Improvement Act. AMENDMENT NO. 2181 Density Rule at Chicago O’Hare Inter- At the appropriate place, insert the fol- national Airport shall not take effect until AMENDMENT NO. 2174 lowing new section: 83 years after the date of enactment of the At the appropriate place, insert the fol- SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- Air Transportation Improvement Act. lowing new section: TIONAL SLOT EXEMPTIONS. SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- Notwithstanding any other provision of AMENDMENT NO. 2167 TIONAL SLOT EXEMPTIONS. law, any provision to eliminate the High At the appropriate place, insert the fol- Notwithstanding any other provision of Density Rule at Chicago O’Hare Inter- lowing new section: law, any provision to eliminate the High national Airport shall not take effect until October 5, 1999 CONGRESSIONAL RECORD — SENATE S12003

98 years after the date of enactment of the AMENDMENT NO. 2189 SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- Air Transportation Improvement Act. At the appropriate place, insert the fol- TIONAL SLOT EXEMPTIONS. lowing new section: Notwithstanding any other provision of law, any provision to eliminate the High AMENDMENT NO. 2182 SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- At the appropriate place, insert the fol- TIONAL SLOT EXEMPTIONS. Density Rule at Chicago O’Hare Inter- lowing new section: Notwithstanding any other provision of national Airport shall not take effect until 113 years after the date of enactment of the SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- law, any provision to eliminate the High TIONAL SLOT EXEMPTIONS. Density Rule at Chicago O’Hare Inter- Air Transportation Improvement Act. Notwithstanding any other provision of national Airport shall not take effect until AMENDMENT NO. 2197 law, any provision to eliminate the High 106 years after the date of enactment of the Density Rule at Chicago O’Hare Inter- Air Transportation Improvement Act. At the appropriate place, insert the fol- national Airport shall not take effect until lowing new section: ll 99 years after the date of enactment of the AMENDMENT NO. 2190 SEC. . EFFECTIVE DATE FOR CERTAIN ADDI- Air Transportation Improvement Act. At the appropriate place, insert the fol- TIONAL SLOT EXEMPTIONS. Notwithstanding any other provision of lowing new section: law, any provision to eliminate the High AMENDMENT NO. 2183 ll SEC. . EFFECTIVE DATE FOR CERTAIN ADDI- Density Rule at Chicago O’Hare Inter- TIONAL SLOT EXEMPTIONS. At the appropriate place, insert the fol- national Airport shall not take effect until lowing new section: Notwithstanding any other provision of law, any provision to eliminate the High 114 years after the date of enactment of the SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- Air Transportation Improvement Act. TIONAL SLOT EXEMPTIONS. Density Rule at Chicago O’Hare Inter- national Airport shall not take effect until Notwithstanding any other provision of AMENDMENT NO. 2198 law, any provision to eliminate the High 107 years after the date of enactment of the Air Transportation Improvement Act. At the appropriate place, insert the fol- Density Rule at Chicago O’Hare Inter- lowing new section: national Airport shall not take effect until ll AMENDMENT NO. 2191 SEC. . EFFECTIVE DATE FOR CERTAIN ADDI- 100 years after the date of enactment of the TIONAL SLOT EXEMPTIONS. At the appropriate place, insert the fol- Air Transportation Improvement Act. Notwithstanding any other provision of lowing new section: law, any provision to eliminate the High ll AMENDMENT NO. 2184 SEC. . EFFECTIVE DATE FOR CERTAIN ADDI- Density Rule at Chicago O’Hare Inter- TIONAL SLOT EXEMPTIONS. At the appropriate place, insert the fol- national Airport shall not take effect until Notwithstanding any other provision of lowing new section: 115 years after the date of enactment of the law, any provision to eliminate the High SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- Air Transportation Improvement Act. Density Rule at Chicago O’Hare Inter- TIONAL SLOT EXEMPTIONS. national Airport shall not take effect until Notwithstanding any other provision of AMENDMENT NO. 2199 108 years after the date of enactment of the law, any provision to eliminate the High At the appropriate place, insert the fol- Air Transportation Improvement Act. Density Rule at Chicago O’Hare Inter- lowing new section: national Airport shall not take effect until ll AMENDMENT NO. 2192 SEC. . EFFECTIVE DATE FOR CERTAIN ADDI- 101 years after the date of enactment of the TIONAL SLOT EXEMPTIONS. Air Transportation Improvement Act. At the appropriate place, insert the fol- Notwithstanding any other provision of lowing new section: law, any provision to eliminate the High ll AMENDMENT NO. 2185 SEC. . EFFECTIVE DATE FOR CERTAIN ADDI- Density Rule at Chicago O’Hare Inter- TIONAL SLOT EXEMPTIONS. national Airport shall not take effect until At the appropriate place, insert the fol- Notwithstanding any other provision of 116 years after the date of enactment of the lowing new section: law, any provision to eliminate the High Air Transportation Improvement Act. SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- Density Rule at Chicago O’Hare Inter- TIONAL SLOT EXEMPTIONS. national Airport shall not take effect until AMENDMENT NO. 2200 Notwithstanding any other provision of 109 years after the date of enactment of the At the appropriate place, insert the fol- law, any provision to eliminate the High Air Transportation Improvement Act. Density Rule at Chicago O’Hare Inter- lowing new section: ll national Airport shall not take effect until AMENDMENT NO. 2193 SEC. . EFFECTIVE DATE FOR CERTAIN ADDI- TIONAL SLOT EXEMPTIONS. 102 years after the date of enactment of the At the appropriate place, insert the fol- Air Transportation Improvement Act. Notwithstanding any other provision of lowing new section: law, any provision to eliminate the High SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- AMENDMENT NO. 2186 Density Rule at Chicago O’Hare Inter- TIONAL SLOT EXEMPTIONS. national Airport shall not take effect until At the appropriate place, insert the fol- Notwithstanding any other provision of lowing new section: 117 years after the date of enactment of the law, any provision to eliminate the High Air Transportation Improvement Act. SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- Density Rule at Chicago O’Hare Inter- TIONAL SLOT EXEMPTIONS. national Airport shall not take effect until AMENDMENT NO. 2201 Notwithstanding any other provision of 110 years after the date of enactment of the At the appropriate place, insert the fol- law, any provision to eliminate the High Air Transportation Improvement Act. Density Rule at Chicago O’Hare Inter- lowing new section: SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- national Airport shall not take effect until AMENDMENT NO. 2194 103 years after the date of enactment of the TIONAL SLOT EXEMPTIONS. At the appropriate place, insert the fol- Notwithstanding any other provision of Air Transportation Improvement Act. lowing new section: law, any provision to eliminate the High SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- Density Rule at Chicago O’Hare Inter- AMENDMENT NO. 2187 TIONAL SLOT EXEMPTIONS. national Airport shall not take effect until At the appropriate place, insert the fol- Notwithstanding any other provision of 118 years after the date of enactment of the lowing new section: law, any provision to eliminate the High Air Transportation Improvement Act. SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- Density Rule at Chicago O’Hare Inter- TIONAL SLOT EXEMPTIONS. national Airport shall not take effect until AMENDMENT NO. 2202 Notwithstanding any other provision of 111 years after the date of enactment of the At the appropriate place, insert the fol- law, any provision to eliminate the High Air Transportation Improvement Act. lowing new section: Density Rule at Chicago O’Hare Inter- SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- national Airport shall not take effect until AMENDMENT NO. 2195 TIONAL SLOT EXEMPTIONS. 104 years after the date of enactment of the At the appropriate place, insert the fol- Notwithstanding any other provision of Air Transportation Improvement Act. lowing new section: law, any provision to eliminate the High SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- Density Rule at Chicago O’Hare Inter- AMENDMENT NO. 2188 TIONAL SLOT EXEMPTIONS. national Airport shall not take effect until At the appropriate place, insert the fol- Notwithstanding any other provision of 119 years after the date of enactment of the lowing new section: law, any provision to eliminate the High Air Transportation Improvement Act. SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- Density Rule at Chicago O’Hare Inter- TIONAL SLOT EXEMPTIONS. national Airport shall not take effect until AMENDMENT NO. 2203 Notwithstanding any other provision of 112 years after the date of enactment of the At the appropriate place, insert the fol- law, any provision to eliminate the High Air Transportation Improvement Act. lowing new section: Density Rule at Chicago O’Hare Inter- SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- national Airport shall not take effect until AMENDMENT NO. 2196 TIONAL SLOT EXEMPTIONS. 105 years after the date of enactment of the At the appropriate place, insert the fol- Notwithstanding any other provision of Air Transportation Improvement Act. lowing new section: law, any provision to eliminate the High S12004 CONGRESSIONAL RECORD — SENATE October 5, 1999 Density Rule at Chicago O’Hare Inter- national Airport shall not take effect until 134 years after the date of enactment of the national Airport shall not take effect until 127 years after the date of enactment of the Air Transportation Improvement Act. 120 years after the date of enactment of the Air Transportation Improvement Act. Air Transportation Improvement Act. AMENDMENT NO. 2218 AMENDMENT NO. 2211 At the appropriate place, insert the fol- AMENDMENT NO. 2204 At the appropriate place, insert the fol- lowing new section: At the appropriate place, insert the fol- lowing new section: SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- lowing new section: SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- TIONAL SLOT EXEMPTIONS. SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- TIONAL SLOT EXEMPTIONS. Notwithstanding any other provision of TIONAL SLOT EXEMPTIONS. Notwithstanding any other provision of law, any provision to eliminate the High Notwithstanding any other provision of law, any provision to eliminate the High Density Rule at Chicago O’Hare Inter- law, any provision to eliminate the High Density Rule at Chicago O’Hare Inter- national Airport shall not take effect until Density Rule at Chicago O’Hare Inter- national Airport shall not take effect until 135 years after the date of enactment of the national Airport shall not take effect until 128 years after the date of enactment of the Air Transportation Improvement Act. 121 years after the date of enactment of the Air Transportation Improvement Act. Air Transportation Improvement Act. AMENDMENT NO. 2219 AMENDMENT NO. 2212 At the appropriate place, insert the fol- AMENDMENT NO. 2205 At the appropriate place, insert the fol- lowing new section: At the appropriate place, insert the fol- lowing new section: SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- lowing new section: SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- TIONAL SLOT EXEMPTIONS. SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- TIONAL SLOT EXEMPTIONS. Notwithstanding any other provision of TIONAL SLOT EXEMPTIONS. Notwithstanding any other provision of law, any provision to eliminate the High Notwithstanding any other provision of law, any provision to eliminate the High Density Rule at Chicago O’Hare Inter- law, any provision to eliminate the High Density Rule at Chicago O’Hare Inter- national Airport shall not take effect until Density Rule at Chicago O’Hare Inter- national Airport shall not take effect until 136 years after the date of enactment of the national Airport shall not take effect until 129 years after the date of enactment of the Air Transportation Improvement Act. 122 years after the date of enactment of the Air Transportation Improvement Act. Air Transportation Improvement Act. AMENDMENT NO. 2220 AMENDMENT NO. 2213 At the appropriate place, insert the fol- AMENDMENT NO. 2206 At the appropriate place, insert the fol- lowing new section: At the appropriate place, insert the fol- lowing new section: SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- TIONAL SLOT EXEMPTIONS. lowing new section: SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- Notwithstanding any other provision of SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- TIONAL SLOT EXEMPTIONS. TIONAL SLOT EXEMPTIONS. Notwithstanding any other provision of law, any provision to eliminate the High Notwithstanding any other provision of law, any provision to eliminate the High Density Rule at Chicago O’Hare Inter- law, any provision to eliminate the High Density Rule at Chicago O’Hare Inter- national Airport shall not take effect until Density Rule at Chicago O’Hare Inter- national Airport shall not take effect until 137 years after the date of enactment of the national Airport shall not take effect until 130 years after the date of enactment of the Air Transportation Improvement Act. 123 years after the date of enactment of the Air Transportation Improvement Act. Air Transportation Improvement Act. AMENDMENT NO. 2221 AMENDMENT NO. 2214 At the appropriate place, insert the fol- lowing new section: AMENDMENT NO. 2207 At the appropriate place, insert the fol- ll At the appropriate place, insert the fol- lowing new section: SEC. . EFFECTIVE DATE FOR CERTAIN ADDI- TIONAL SLOT EXEMPTIONS. lowing new section: ll SEC. . EFFECTIVE DATE FOR CERTAIN ADDI- Notwithstanding any other provision of ll TIONAL SLOT EXEMPTIONS. SEC. . EFFECTIVE DATE FOR CERTAIN ADDI- law, any provision to eliminate the High TIONAL SLOT EXEMPTIONS. Notwithstanding any other provision of Density Rule at Chicago O’Hare Inter- Notwithstanding any other provision of law, any provision to eliminate the High national Airport shall not take effect until law, any provision to eliminate the High Density Rule at Chicago O’Hare Inter- 138 years after the date of enactment of the Density Rule at Chicago O’Hare Inter- national Airport shall not take effect until Air Transportation Improvement Act. national Airport shall not take effect until 131 years after the date of enactment of the 124 years after the date of enactment of the Air Transportation Improvement Act. AMENDMENT NO. 2222 Air Transportation Improvement Act. AMENDMENT NO. 2215 At the appropriate place, insert the fol- AMENDMENT NO. 2208 lowing new section: At the appropriate place, insert the fol- ll At the appropriate place, insert the fol- lowing new section: SEC. . EFFECTIVE DATE FOR CERTAIN ADDI- TIONAL SLOT EXEMPTIONS. lowing new section: ll SEC. . EFFECTIVE DATE FOR CERTAIN ADDI- Notwithstanding any other provision of SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- TIONAL SLOT EXEMPTIONS. law, any provision to eliminate the High TIONAL SLOT EXEMPTIONS. Notwithstanding any other provision of Density Rule at Chicago O’Hare Inter- Notwithstanding any other provision of law, any provision to eliminate the High national Airport shall not take effect until law, any provision to eliminate the High Density Rule at Chicago O’Hare Inter- 139 years after the date of enactment of the Density Rule at Chicago O’Hare Inter- national Airport shall not take effect until Air Transportation Improvement Act. national Airport shall not take effect until 132 years after the date of enactment of the 125 years after the date of enactment of the Air Transportation Improvement Act. AMENDMENT NO. 2223 Air Transportation Improvement Act. At the appropriate place, insert the fol- AMENDMENT NO. 2216 lowing new section: AMENDMENT NO. 2209 At the appropriate place, insert the fol- SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- At the appropriate place, insert the fol- lowing new section: TIONAL SLOT EXEMPTIONS. lowing new section: SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- Notwithstanding any other provision of SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- TIONAL SLOT EXEMPTIONS. law, any provision to eliminate the High TIONAL SLOT EXEMPTIONS. Notwithstanding any other provision of Density Rule at Chicago O’Hare Inter- Notwithstanding any other provision of law, any provision to eliminate the High national Airport shall not take effect until law, any provision to eliminate the High Density Rule at Chicago O’Hare Inter- 140 years after the date of enactment of the Density Rule at Chicago O’Hare Inter- national Airport shall not take effect until Air Transportation Improvement Act. national Airport shall not take effect until 133 years after the date of enactment of the 126 years after the date of enactment of the Air Transportation Improvement Act. AMENDMENT NO. 2224 Air Transportation Improvement Act. At the appropriate place, insert the fol- AMENDMENT NO. 2217 lowing new section: AMENDMENT NO. 2210 At the appropriate place, insert the fol- SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- At the appropriate place, insert the fol- lowing new section: TIONAL SLOT EXEMPTIONS. lowing new section: SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- Notwithstanding any other provision of SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- TIONAL SLOT EXEMPTIONS. law, any provision to eliminate the High TIONAL SLOT EXEMPTIONS. Notwithstanding any other provision of Density Rule at Chicago O’Hare Inter- Notwithstanding any other provision of law, any provision to eliminate the High national Airport shall not take effect until law, any provision to eliminate the High Density Rule at Chicago O’Hare Inter- 141 years after the date of enactment of the Density Rule at Chicago O’Hare Inter- national Airport shall not take effect until Air Transportation Improvement Act. October 5, 1999 CONGRESSIONAL RECORD — SENATE S12005

AMENDMENT NO. 2225 SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- ‘‘(A) any time from the moment at which At the appropriate place, insert the fol- TIONAL SLOT EXEMPTIONS. all the external doors of an aircraft are lowing new section: Notwithstanding any other provision of closed following embarkation until the mo- law, any provision to eliminate the High SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- ment when any such door is opened for dis- TIONAL SLOT EXEMPTIONS. Density Rule at Chicago O’Hare Inter- embarkation; and Notwithstanding any other provision of national Airport shall not take effect until ‘‘(B) in the case of a forced landing, until law, any provision to eliminate the High 148 years after the date of enactment of the competent authorities take over the respon- Density Rule at Chicago O’Hare Inter- Air Transportation Improvement Act. sibility for the aircraft and the persons and national Airport shall not take effect until property on board. AMENDMENT NO. 2233 141 years after the date of enactment of the ‘‘(5) IN SERVICE.—The term ‘in service’ Air Transportation Improvement Act. At the appropriate place, insert the fol- means— lowing new section: ‘‘(A) any time from the beginning of pre- AMENDMENT NO. 2226 SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- flight preparation of an aircraft by ground At the appropriate place, insert the fol- TIONAL SLOT EXEMPTIONS. personnel or by the crew for a specific flight lowing new section: Notwithstanding any other provision of until 24 hours after any landing; and law, any provision to eliminate the High ‘‘(B) in any event includes the entire pe- SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- TIONAL SLOT EXEMPTIONS. Density Rule at Chicago O’Hare Inter- riod during which the aircraft is in flight. Notwithstanding any other provision of national Airport shall not take effect until ‘‘(6) MOTOR VEHICLE.—The term ‘motor ve- law, any provision to eliminate the High 149 years after the date of enactment of the hicle’ means every description of carriage or Density Rule at Chicago O’Hare Inter- Air Transportation Improvement Act. other contrivance propelled or drawn by me- national Airport shall not take effect until chanical power and used for commercial pur- AMENDMENT NO. 2234 142 years after the date of enactment of the poses on the highways in the transportation Air Transportation Improvement Act. At the appropriate place, insert the fol- of passengers, passengers and property, or lowing new section: property or cargo. AMENDMENT NO. 2227 SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- ‘‘(7) PART.—The term ‘part’ means a frame, At the appropriate place, insert the fol- TIONAL SLOT EXEMPTIONS. assembly, component, appliance, engine, pro- lowing new section: Notwithstanding any other provision of peller, material, part, spare part, piece, sec- SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- law, any provision to eliminate the High tion, or related integral or auxiliary equip- TIONAL SLOT EXEMPTIONS. Density Rule at Chicago O’Hare Inter- ment. Notwithstanding any other provision of national Airport shall not take effect until ‘‘(8) SPACE VEHICLE.—The term ‘space vehi- law, any provision to eliminate the High 150 years after the date of enactment of the cle’ means a man-made device, either Density Rule at Chicago O’Hare Inter- Air Transportation Improvement Act. manned or unmanned, designed for operation national Airport shall not take effect until beyond the Earth’s atmosphere. 143 years after the date of enactment of the AMENDMENT NO. 2235 ‘‘(9) STATE.—The term ‘State’ means a Air Transportation Improvement Act. At the appropriate place, insert the fol- State of the United States, the District of lowing new section: Columbia, and any commonwealth, territory, AMENDMENT NO. 2228 SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- or possession of the United States. At the appropriate place, insert the fol- TIONAL SLOT EXEMPTIONS. ‘‘(10) USED FOR COMMERCIAL PURPOSES.— lowing new section: Notwithstanding any other provision of The term ‘used for commercial purposes’ SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- law, any provision to eliminate the High means the carriage of persons or property for TIONAL SLOT EXEMPTIONS. Density Rule at Chicago O’Hare Inter- any fare, fee, rate, charge or other consider- Notwithstanding any other provision of national Airport shall not take effect until ation, or directly or indirectly in connection law, any provision to eliminate the High 151 years after the date of enactment of the with any business, or other undertaking in- Density Rule at Chicago O’Hare Inter- Air Transportation Improvement Act. tended for profit. national Airport shall not take effect until ‘‘(b) TERMS DEFINED IN OTHER LAW.—In 144 years after the date of enactment of the HATCH (AND OTHERS) this chapter, the terms ‘aircraft engine’, ‘air Air Transportation Improvement Act. navigation facility’, ‘appliance’, ‘civil air- AMENDMENT NO. 2236 craft’, ‘foreign air commerce’, ‘interstate air AMENDMENT NO. 2229 (Ordered to lie on the table.) commerce’, ‘landing area’, ‘overseas air com- At the appropriate place, insert the fol- Mr. HATCH (for himself, Mr. LEAHY, merce’, ‘propeller’, ‘spare part’, and ‘special lowing new section: and Mr. THURMOND) submitted an aircraft jurisdiction of the United States’ SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- amendment intended to be proposed by have the meanings given those terms in sec- TIONAL SLOT EXEMPTIONS. them to the bill S. 82, supra; as follows: tions 40102(a) and 46501 of title 49.’’. Notwithstanding any other provision of (c) FRAUD.— law, any provision to eliminate the High At the appropriate place, insert the fol- (1) IN GENERAL.—Chapter 2 of title 18, Density Rule at Chicago O’Hare Inter- lowing: United States Code, is amended by adding at national Airport shall not take effect until SEC. ll. PREVENTION OF FRAUDS INVOLVING the end the following: AIRCRAFT OR SPACE VEHICLE 145 years after the date of enactment of the ‘‘§ 38. Fraud involving aircraft or space vehi- Air Transportation Improvement Act. PARTS IN INTERSTATE OR FOREIGN COMMERCE. cle parts in interstate or foreign commerce (a) SHORT TITLE.—This section may be ‘‘(a) OFFENSES.—A person that, in or affect- AMENDMENT NO. 2230 cited as the ‘‘Aircraft Safety Act of 1999’’. ing interstate or foreign commerce, At the appropriate place, insert the fol- (b) DEFINITIONS.—Section 31 of title 18, knowingly— lowing new section: United States Code, is amended by striking ‘‘(1)(A) falsifies or conceals a material fact; SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- all after the section heading and inserting ‘‘(B) makes any materially fraudulent rep- TIONAL SLOT EXEMPTIONS. the following: resentation; or Notwithstanding any other provision of ‘‘(a) IN GENERAL.— ‘‘(C) makes or uses any materially false law, any provision to eliminate the High ‘‘(1) AIRCRAFT.—The term ‘aircraft’ means writing, entry, certification, document, Density Rule at Chicago O’Hare Inter- a civil, military, or public contrivance in- record, data plate, label, or electronic com- national Airport shall not take effect until vented, used, or designed to navigate, fly, or munication; 146 years after the date of enactment of the travel in the air. concerning any aircraft or space vehicle Air Transportation Improvement Act. ‘‘(2) AVIATION QUALITY.—The term ‘aviation part; quality’, with respect to a part of an aircraft ‘‘(2) exports from or imports or introduces AMENDMENT NO. 2231 or space vehicle, means the quality of having into the United States, sells, trades, installs At the appropriate place, insert the fol- been manufactured, constructed, produced, on or in any aircraft or space vehicle any lowing new section: repaired, overhauled, rebuilt, reconditioned, aircraft or space vehicle part using or by SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- or restored in conformity with applicable means of a fraudulent representation, docu- TIONAL SLOT EXEMPTIONS. standards specified by law (including a regu- ment, record, certification, depiction, data Notwithstanding any other provision of lation) or contract. plate, label, or electronic communication; or law, any provision to eliminate the High ‘‘(3) DESTRUCTIVE SUBSTANCE.—The term ‘‘(3) attempts or conspires to commit an of- Density Rule at Chicago O’Hare Inter- ‘destructive substance’ means an explosive fense described in paragraph (1) or (2); national Airport shall not take effect until substance, flammable material, infernal ma- shall be punished as provided in subsection 147 years after the date of enactment of the chine, or other chemical, mechanical, or ra- (b). Air Transportation Improvement Act. dioactive device or matter of a combustible, ‘‘(b) PENALTIES.—The punishment for an contaminative, corrosive, or explosive na- offense under subsection (a) is as follows: AMENDMENT NO. 2232 ture. ‘‘(1) AVIATION QUALITY.—If the offense re- At the appropriate place, insert the fol- ‘‘(4) IN FLIGHT.—The term ‘in flight’ lates to the aviation quality of a part and lowing new section: means— the part is installed in an aircraft or space S12006 CONGRESSIONAL RECORD — SENATE October 5, 1999

vehicle, a fine of not more than $500,000, im- ‘‘(A) SUBPOENAS.—In any investigation re- any customer or other person for the produc- prisonment for not more than 25 years, or lating to any act or activity involving an of- tion or for nondisclosure of the production to both. fense under this section, the Attorney Gen- the customer.’’. ‘‘(2) FAILURE TO OPERATE AS REP- eral may issue in writing and cause to be (2) CONFORMING AMENDMENTS.— RESENTED.—If, by reason of the failure of the served a subpoena— (A) CHAPTER ANALYSIS.—The analysis for part to operate as represented, the part to ‘‘(i) requiring the production of any record chapter 2 of title 18, United States Code, is which the offense is related is the probable (including any book, paper, document, elec- amended by adding at the end the following: cause of a malfunction or failure that results tronic medium, or other object or tangible ‘‘38. Fraud involving aircraft or space vehicle in serious bodily injury (as defined in section thing) that may be relevant to an authorized parts in interstate or foreign 1365) to or the death of any person, a fine of law enforcement inquiry, that a person or commerce.’’. not more than $1,000,000, imprisonment for legal entity may possess or have care or cus- (B) WIRE AND ELECTRONIC COMMUNICA- any term of years or life, or both. tody of or control over; and ‘‘(ii) requiring a custodian of a record to TIONS.—Section 2516(1)(c) of title 18, United ‘‘(3) ORGANIZATIONS.—If the offense is com- States Code, is amended by inserting ‘‘sec- mitted by an organization, a fine of not more give testimony concerning the production and authentication of the record. tion 38 (relating to aircraft parts fraud),’’ than $25,000,000. after ‘‘section 32 (relating to destruction of ‘‘(B) CONTENTS.—A subpoena under sub- ‘‘(4) OTHER CIRCUMSTANCES.—In the case of aircraft or aircraft facilities),’’. an offense not described in paragraph (1), (2), paragraph (A) shall— or (3), a fine under this title, imprisonment ‘‘(i) describe the object required to be pro- for not more than 15 years, or both. duced; and HUTCHISON AMENDMENT NO. 2237 ‘‘(c) CIVIL REMEDIES.— ‘‘(ii) prescribe a return date within a rea- (Ordered to lie on the table.) sonable period of time within which the ob- ‘‘(1) IN GENERAL.—The district courts of the Mrs. HUTCHISON submitted an ject can be assembled and produced. United States shall have jurisdiction to pre- amendment intended to be proposed by ‘‘(C) LIMITATION.—The production of a vent and restrain violations of this section her to the bill S. 82, supra; as follows: by issuing appropriate orders, including— record shall not be required under this sec- At the appropriate place in Section 506, ‘‘(A) ordering a person CONVICTED OF AN OF- tion at any place more than 500 miles from add the following: FENSE UNDER THIS SECTION to divest any in- the place at which the subpoena for the pro- ‘‘(C) or, upgraded air service replacing terest, direct or indirect, in any enterprise, duction of the record is served. turbo prop aircraft with regional jet aircraft or to destroy, or to mutilate and sell as ‘‘(D) WITNESS FEES.—A witness summoned between Chicago O’Hare International Air- scrap, aircraft material or part inventories under this section shall be paid the same fees port and any airport to which the air carrier or stocks; and mileage as are paid witnesses in courts provided air service with turbo prop aircraft ‘‘(B) imposing reasonable restrictions on of the United States. during the week of June 15, 1999.’’. the future activities or investments of any ‘‘(b) SERVICE.— such person, including prohibiting engage- ‘‘(1) IN GENERAL.—A subpoena issued under ment in the same type of endeavor as used to subsection (a) may be served by any person CONRAD AMENDMENT NO. 2238 who is at least 18 years of age and is des- commit the offense; and Mr. MCCAIN (for Mr. CONRAD) pro- ‘‘(C) ordering dissolution or reorganization ignated in the subpoena to serve the sub- poena. posed an amendment to the bill S. 82, of any enterprise, making due provisions for supra; as follows: the rights and interests of innocent persons. ‘‘(2) NATURAL PERSONS.—Service of a sub- poena issued under subsection (a) on a nat- ‘‘(2) RESTRAINING ORDERS AND PROHIBI- SECTION 1. SENSE OF THE SENATE. ural person may be made by personal deliv- TION.—Pending final determination of a pro- It is the Sense of the Senate that— ceeding brought under this section, the court ery of the subpoena to the person. (A) Essential air service (EAS) to smaller may enter such restraining orders or prohibi- ‘‘(3) CORPORATIONS AND OTHER ORGANIZA- communities remains vital, and that the dif- tions, or take such other actions (including TIONS.—Service of a subpoena issued under ficulties encountered by many communities the acceptance of satisfactory performance subsection (a) on a domestic or foreign cor- in retaining EAS warrant increased federal bonds) as the court deems proper. poration or on a partnership or other unin- attention. corporated association that is subject to suit (B) The FAA should give full consideration ‘‘(3) ESTOPPEL.—A final judgment rendered in favor of the United States in any criminal under a common name may be made by de- to ending the local match required by Dick- proceeding brought under this section shall livering the subpoena to an officer, to a man- inson, North Dakota. estop the defendant from denying the essen- aging or general agent, or to any other agent SEC. 2. REPORT. tial allegations of the criminal offense in authorized by appointment or by law to re- Not later than 60 days after enactment of any subsequent civil proceeding brought by ceive service of process for the corporation, this legislation, the Secretary of Transpor- the United States. partnership, or association. tation shall report to the Congress with an ‘‘(4) PROOF OF SERVICE.—The affidavit of ‘‘(d) CRIMINAL FORFEITURE.— analysis of the difficulties faced by many the person serving the subpoena entered or a ‘‘(1) IN GENERAL.—The court, in imposing smaller communities in retaining EAS and a true copy of such an affidavit shall be proof sentence on any person convicted of an of- plan to facilitate easier EAS retention. This of service. fense under this section, shall order, in addi- report shall give particular attention to ‘‘(c) ENFORCEMENT.— tion to any other sentence and irrespective communities in North Dakota. ‘‘(1) IN GENERAL.—In the case of a failure to of any provision of State law, that the per- comply with a subpoena issued under sub- son forfeit to the United States— HOLLINGS AMENDMENT NO. 2239 section (a), the Attorney General may in- ‘‘(A) any property constituting, or derived voke the aid of any court of the United (Ordered to lie on the table.) from, any proceeds that the person obtained, States within the jurisdiction of which the Mr. HOLLINGS submitted an amend- directly or indirectly, as a result of the of- investigation is carried on or of which the fense; and ment intended to be proposed by him subpoenaed person is an inhabitant, or in ‘‘(B) any property used, or intended to be to the bill S. 82, supra; as follows: which the subpoenaed person carries on busi- used in any manner, to commit or facilitate At the appropriate place, insert the fol- ness or may be found, to compel compliance the commission of the offense. lowing: with the subpoena. ‘‘(2) APPLICATION OF OTHER LAW.—The for- TITLE—RESTORATION OF AIR ‘‘(2) ORDERS.—The court may issue an feiture of property under this section, in- order requiring the subpoenaed person to ap- TRANSPORTATION COMPETITION cluding any seizure and disposition of the pear before the Attorney General to produce SEC. 01. SHORT TITLE. property, and any proceedings relating to a record or to give testimony concerning the This title may be cited as the ‘‘Restoration the property, shall be governed by section production and authentication of a record. of air Transportation Competition Act’’. 413 of the Comprehensive Drug Abuse and ‘‘(3) CONTEMPT.—Any failure to obey the SEC. 02. FINDINGS. Prevention Act of 1970 (21 U.S.C. 853) (not in- order of the court may be punished by the The Congress makes the following findings: cluding subsection (d) of that section). court as a contempt of court. (1) Essential airport facilities at major air- ‘‘(e) CONSTRUCTION WITH OTHER LAW.—This ‘‘(4) PROCESS.—All process in a case under ports must be available on a reasonable basis section does not preempt or displace any this subsection may be served in any judicial to all air carriers wishing to serve those air- other remedy, civil or criminal, provided by district in which the subpoenaed person may ports. Federal or State law for the fraudulent im- be found. (2) 15 large hub airports today are each portation, sale, trade, installation, or intro- ‘‘(d) IMMUNITY FROM CIVIL LIABILITY.—Not- dominated by one air carrier, with each such duction into commerce of an aircraft or withstanding any Federal, State, or local carrier controlling more than 50 percent of space vehicle part. law, any person (including any officer, agent, the traffic at the hub. ‘‘(f) TERRITORIAL SCOPE.—This section ap- or employee of a person) that receives a sub- (3) The General Accounting Office has plies to conduct occurring inside or outside poena under this section, who complies in found that such levels of concentration lead the United States. good faith with the subpoena and produces a to higher air fares. ‘‘(g) AUTHORIZED INVESTIGATIVE DEMAND record or material sought by a subpoena (4) The United States Government must PROCEDURES.— under this section, shall not be liable in any take every step necessary to reduce those ‘‘(1) AUTHORIZATION.— court of any State or the United States to levels of concentration. October 5, 1999 CONGRESSIONAL RECORD — SENATE S12007 (5) Spending at these essential facilities ‘‘(I) means to build or acquire gates that portation shall audit the use of passenger fa- must be directed at providing opportunities could be used as common facilities; and cility fees at essential airport facilities to for carriers wishing to serve such facilities ‘‘(3) any other information required by the ensure that passenger facility fee revenue at- on a commercially viable basis. Secretary. tributable to an passenger facility fee in- (6) The Department of Transportation and ‘‘(e) ESSENTIAL AIRPORT FACILITY DE- crease from $3 to $4 is used in accordance the Department of Justice must vigilantly FINED.—In this section, the term ‘essential with this paragraph.’’. enforce existing laws on competition. airport facility’ means a large hub airport (b) DOT INSPECTOR GENERAL TO INVES- SEC. 03. POLICY GOAL. (as defined in section 41731 of this title) in TIGATE COMPETITIVE IMPACTS.—The Inspector It is the purpose of this title to use the the contiguous 48 states at which 1 carrier General of the Department of Transportation power of the Federal government, working has more than 50 percent of total annual shall investigate the competitive impact of with the Nation’s major airports, to reduce enplanements.’’ majority-in-interest provisions in airport- levels of concentration and end the domina- (b) GUIDELINES.—The Secretary of Trans- airline contracts at essential airport facili- tion by 1 air carrier of the transportation portation shall issue guidelines for competi- ties (as defined in section 40117A(e) of title services provided to people in a particular tion plans required under section 40117A of 49, United States Code). region, and to further the policy goals of en- title 49, United States Code, within 30 days SEC. 07. DESIGNATION OF COMPETITION ADVO- suring lower fares and better service. after the date of enactment of this title. CATE; DUTIES. SEC. 04. INCREASING COMPETITION AT MAJOR (c) ANNUAL REPORT ON AIR FARES.—The (a) DESIGNATION.—The Secretary of Trans- HUB AIRPORTS. Secretary shall issue an annual report on portation shall designate an officer or em- (a) IN GENERAL.—Chapter 401 of title 49, airfares at essential airport facilities (as de- ployee of the Department of Transportation United States Code, is amended by inserting fined in section 40117A(e) of title 49, United to serve as the Federal Aviation Competition after section 40117 the following: States Code) that includes information about Advocate. ‘‘§ 40117A. Increased competition and reduced airfares, competition, and concentration at (b) DUTIES.—The Federal Aviation Com- concentration such facilities. petition Advocate shall— (d) CONFORMING AMENDMENT.—The chapter ‘‘(a) ESSENTIAL AIRPORT FACILITIES MUST (1) have final responsibility for approving analysis for chapter 401 of such title is SUBMIT COMPETITION PLAN.—Within 6 months or disapproving applications for passenger after the date of enactment of the Restora- amended by inserting after the item relating facility charges from essential airport facili- tion of Air Transportation Competition Act, to section 40117 the following: ties (as defined in section 40117A(e) of title each essential airport facility shall submit a ‘‘40117A. Increased competition and reduced 49, United States Code); competition plan that meets the require- concentration’’. (2) oversee the administration of Federal ments of this section to the Secretary of SEC. 05. INCREASE IN PASSENGER FACILITY Aviation Administration grant assurances Transportation. If any essential airport fa- FEE GENERALLY. for those facilities; and cility fails to submit such a plan before the Section 40117(b) of title 49, United States (3) review plans submitted under section end of that 6-month period, the secretary Code, is amended by striking ‘‘$3’’ in para- 40117A of such title. may not approve an application under sec- graph (1) and inserting ‘‘$4’’. SEC. 08. AVAILABILITY OF GATES AND OTHER tion 40117(c) from that essential airport fa- SEC. 06. INCREASE IN PFC AT ESSENTIAL AIR- ESSENTIAL SERVICES. cility to impose or increase a passenger fa- PORT FACILITIES. The Secretary of Transportation shall en- cility fee at that facility. (a) IN GENERAL.—Section 40117 of title 49, sure that gates and other facilities are made ‘‘(b) SECRETARY SHALL ENSURE IMPLEMEN- United States Code, is amended by adding at available at costs that are fair and reason- TATION AND COMPLIANCE.—The Secretary the end thereof the following: able to air carriers at essential airport facili- shall review any plan submitted under sub- ‘‘(j) SPECIAL RULES FOR ESSENTIAL AIRPORT ties (as defined in section 40117A(e) of title section (a) to ensure that it meets the re- FACILITIES.— 49, United States Code) where a ‘‘majority- quirements of this section, and shall review ‘‘(1) IN GENERAL.—The Secretary may au- in-interest clause’’ of a contract, or other its implementation from time to time to en- thorize an essential airport facility (as de- agreement or arrangement, inhibits the abil- sure that each essential airport facility suc- fined in section 40117A(e)) to impose a pas- ity of the local airport authority to provide cessfully implements its plan. senger facility fee under subsection (b)(1) of or build new gates or other facilities. ‘‘(c) FUTURE PFC IMPOSITION OR IN- $4 on each paying passenger only if that fa- CREASE.—Beginning 3 years after the date of cility meets the requirements of section DORGAN AMENDMENT NO. 2240 enactment of the Restoration of Air Trans- 40117A and this subsection. portation Competition Act, the Secretary ‘‘(2) REQUEST.—Before increasing its pas- Mr. MCCAIN (for Mr. DORGAN) pro- may not approve an application under sec- senger facility fee to $4 under this sub- posed an amendment to the bill S. 82, tion 40117(c) for the imposition of, or an in- section, an essential airport facility shall supra; as follows: crease in, a passenger facility fee at an es- submit a request in writing to the Secretary At the appropriate place, insert the fol- sential airport facility unless the Secretary for permission to increase the fee. The re- lowing: determines that— quest shall set forth a plan for the use of the ‘‘(1) the essential airport facility has fully SEC. . PRESERVATION OF ESSENTIAL AIR SERV- revenue from the increased fee that meets ICE AT DOMINATED HUB AIRPORTS. implemented a competition plan that meets the requirements of this subsection. The Sec- (a) IN GENERAL.—Subchapter II of chapter the requirements of this section; retary may approve or disapprove the re- ‘‘(2) the essential airport facility has ade- 417 is amended by adding at the end thereof quest. If the Secretary disapproves the re- the following: quate facilities available, or has offered to quest, the facility may not increase its pas- make such facilities available to carriers senger facility fee to $4. The Secretary may ‘‘§ 41743. Preservation of basic essential air other than the dominant carrier; not approve a request unless the facility service at dominated hub airports ‘‘(3) concentration levels at the essential agrees to meet the requirements of this sub- ‘‘(a) IN GENERAL.—If the Secretary of airport facility have been reduced substan- section at all times during which the in- Transportation determines that extraor- tially or below 50 percent; or creased fee is in effect. dinary circumstances jeopardize the reliable ‘‘(4) the essential airport facility has made ‘‘(4) LIMITATION ON USE OF INCREASED PFC and competitive performance of essential air substantial progress toward reducing con- REVENUE.— service under this subchapter from a sub- centration at that airport. ‘‘(A) PRIORITY USES.—If an essential air- sidized essential air service community to OMPETITION PLAN REQUIREMENTS.—A ‘‘(d) C port facility (as defined in section 40117A(e)) and from an essential airport facility, then competition plan submitted under this sec- increases its passenger facility fee to $4, then the Secretary may require the air carrier tion shall include— any increase in passenger facility fee rev- that has more than 50 percent of the total ‘‘(1) a proposal on methods of reducing air enue attributable to that increase shall be annual enplanements at the essential airport traffic concentration levels at that airport; facility to take action to enable air carrier ‘‘(2) a timeframe for taking action under used first— ‘‘(i) to provide opportunities for non-domi- to provide reliable and competitive essential the plan, including— ‘‘(A) attracting new service or expanding nant air carriers to expand operations at air service to that community. Action re- opportunities for existing air carriers that that airport; quired by the Secretary under this sub- reduce the levels of concentration; ‘‘(ii) to build gates and other facilities for section may include interline agreements, ‘‘(B) making airport grates and related fa- non-dominant air carriers at that airport; or ground services, subleasing of gates, and the cilities available for air carriers other than ‘‘(iii) to take other measures to enhance provision of any other service or facility nec- the dominant air carrier at that airport; competition. essary for the performance of satisfactory es- ‘‘(C) leasing and subleasing arrangements; ‘‘(B) EXCLUSIVE USE PROHIBITED.—Any gate sential air service to that community. ‘‘(D) gate-use requirements; built in whole or in part with passenger fa- ‘‘(b) ESSENTIAL AIRPORT FACILITY DE- ‘‘(E) patterns of air service; cility fee revenue attributable to such an in- FINED.—In this section, the term ‘essential ‘‘(F) gate-assignment policies; crease may not be made available for exclu- airport facility’ means a large hub airport ‘‘(G) financial constraints; sive long-term lease or use agreement by an (as defined in section 41731) in the contiguous ‘‘(H) information on contract relationships air carrier. 48 states at which 1 air carrier has more than that may impede expansion or more effective ‘‘(C) IG TO AUDIT USE OF FUNDS.—The In- 50 percent of the total annual enplanements use of facilities; and spector General of the Department of Trans- at that airport.’’. S12008 CONGRESSIONAL RECORD — SENATE October 5, 1999 DODD (AND OTHERS) AMENDMENT Mr. FITZGERALD submitted an ment is the most appropriate way to account NO. 2241 amendment intended to be proposed by for spending the taxpayers’ money. him to the bill S. 82, supra; as follows: (3) Since 1990, the existence of the discre- Mr. DODD (for himself, Mr. BENNETT, tionary spending limits has been an ex- Mr. MCCAIN, Mr. ROCKEFELLER, and Mr. At the appropriate place, insert the fol- tremely useful tool in Congress battle HOLLINGS) proposed an amendment to lowing new section: against explosive Federal Government the bill, S. 82, supra; as follows: SEC. ll. STUDY OF CHICAGO O’HARE INTER- spending and the deficit. Their existence has NATIONAL AIRPORT. appropriately forced Congress and the Presi- At the appropriate place, insert the fol- (a) IN GENERAL.—If the Administrator of lowing: dent to revisit the effectiveness of programs the Federal Aviation Administration deter- and prioritize the use of taxpayers’ money. ll SEC. . FEDERAL AVIATION ADMINISTRATION mines, on the basis of the Administrator’s (4) Funding for Federal aviation programs YEAR 2000 TECHNOLOGY SAFETY EN- own or a credible third party’s analysis, that FORCEMENT ACT OF 1999. is a high priority for this Congress and suffi- the enactment of any provision of this Act cient funding is available within the existing (a) SHORT TITLE.—This section be cited as will result in— the ‘‘Federal Aviation Administration Year discretionary spending limits to adequately (1) additional delays in flight departures address the aviation needs of our country. 2000 Technology Safety Enforcement Act of from or flight arrivals to Chicago O’Hare 1999’’. (5) Creating additional budgetary con- International Airport, or straints or points of order—designed to dic- (b) DEFINITIONS.—In this section: (2) increased risk to public safety, tate the outcome of future spending de- (1) ADMINISTRATOR.—The term ‘‘Adminis- the Administrator shall report the deter- bates—is unnecessary and unwise. To do so trator’’ means the Administrator of the Fed- mination to Congress within 60 days of the eral Aviation Administration. would require the affirmative vote of a date of making the determination. supermajority for final passage in the Senate (2) AIR CARRIER OPERATING CERTIFICATE.— (b) CRITERIA FOR ASSESSING PUBLIC SAFE- The term ‘‘air carrier operating certificate’’ and would prevent future Congresses from TY.—In assessing the impact on public safety making the best spending decisions appro- has the same meaning as in section 44705 of the Administrator shall take into account title 49, United States Code. priate to our rapidly changing world. air traffic control incidents, runway incur- (b) SENSE OF THE SENATE.—It is the sense (3) YEAR 2000 TECHNOLOGY PROBLEM.—The sions, near misses, and such other measures of the Senate that— term ‘‘year 2000 technology problem’’ means as the Administrator shall deem appropriate. (1) the current budgetary treatment of a failure by any device or system (including aviation programs represents sound fiscal any computer system and any microchip or policy and encourages the best decision- integrated circuit embedded in another de- HELMS AMENDMENTS NOS. 2243– making; and vice or product), or any software, firmware, 2244 (2) this Act or any other legislation which or other set or collection of processing in- (Ordered to lie on the table.) provides for the reauthorization of funding structions to process, to calculate, to com- Mr. HELMS submitted 2 amendments for programs of the Federal Aviation Admin- pare, to sequence, to display, to store, to intended to be proposed by him to the istration shall not contain special budgetary transmit, or to receive year-2000 date-related treatment including off-budget status, sepa- data failures— bill S. 82, supra; as follows: rate categories of spending within the exist- (A) to deal with or account for transitions AMENDMENT NO. 2243 ing discretionary spending limits—also or comparisons from, into, and between the In the pending amendment on page 13, line known as firewalls—or any new points of years 1999 and 2000 accurately; 9 strike the words ‘‘of such carriers’’. order. (B) to recognize or accurately process any specific date in 1999, 2000, or 2001; or AMENDMENT NO. 2244 ABRAHAM AMENDMENTS NOS. (C) to accurately account for the year In the bill on page 153, line 14 strike the 2000’s status as a leap year, including rec- words ‘‘of such carriers’’. 2247–2251 ognition and processing of the correct date (Ordered to lie on the table.) on February 29, 2000. Mr. ABRAHAM submitted 5 amend- (c) RESPONSE TO REQUEST FOR INFORMA- SHELBY (AND DOMENICI) ments intended to be proposed by him TION.—Any person who has an air carrier op- AMENDMENTS NOS. 2245–2246 to the bill S. 82, supra; as follows: erating certificate shall respond on or before (Ordered to lie on the table.) AMENDMENT NO. 2247 November 1, 1999, to any request for informa- Mr. SHELBY (for himself and Mr. tion from the Administrator regarding readi- At the appropriate place insert the fol- DOMENICI) submitted 2 amendments in- ness of that person with regard to the year lowing: tended to be proposed by them to the 2000 technology problem as it relates to the SEC. . NONDISCRIMINATION IN THE USE OF PRI- compliance of that person with applicable bill S. 82, supra; as follows: VATE AIRPORTS. safety regulations. AMENDMENT NO. 2245 Chapter 401 of Subtitle VII of title 49, (d) FAILURE TO RESPOND.— At the appropriate place insert the fol- United States Code, is amended by inserting (1) SURRENDER OF CERTIFICATE.—After No- lowing: the following new section after section 40122: vember 1, 1999, the Administrator shall make SEC. ll. SENSE OF THE SENATE SUPPORTING ‘‘§ 40123. Nondiscrimination in the use of pri- a decision on the record whether to compel CURRENT FUNDING FOR AVIATION. vate airports. any air carrier that has not responded on or (a) FINDING.—The Senate finds that fund- Notwithstanding any other provision of before November 1, 1999, to a request for in- ing for Federal aviation programs is a high law, no state, county, city or municipal gov- formation regarding the readiness of that air priority for this Congress and sufficient ernment may prohibit the use or full enjoy- carrier with regard to the year 2000 tech- funding is available to adequately address ment of a private airport within its jurisdic- nology problem as it relates to the air car- the aviation needs of our country. tion by any person on the basis of that per- rier’s compliance with applicable safety reg- (b) SENSE OF THE SENATE.—It is the sense son’s race, creed, color, national origin, sex, ulations to surrender its operating certifi- of the Senate that it is both unnecessary and or ancestry.’’ cate to the Administrator. unwise to create any mechanisms, proce- (2) REINSTATEMENT OF CERTIFICATE.—The dures, or any new points of order designed to AMENDMENT NO. 2248 Administrator may return an air carrier op- dictate the level of aviation funding in the At the appropriate place insert the fol- erating certificate that has been surrendered future. lowing: under this subsection upon— (A) a finding by the Administrator that a SEC. . NONDISCRIMINATION IN THE USE OF PRI- AMENDMENT NO. 2246 VATE AIRPORTS. person whose certificate has been surren- (a) PROHIBITING DISCRIMINATION IN THE USE dered has provided sufficient information to At the appropriate place insert the fol- OF PRIVATE AIRPORTS.—Chapter 401 of Sub- demonstrate compliance with applicable lowing: title VII of title 49, United States Code, is safety regulations as it relates to the year SEC. ll. BUDGET TREATMENT OF AVIATION amended by inserting the following new sec- 2000 technology problem; or PROGRAMS. tion after section 40122: (B) upon receipt of a certification, signed (a) FINDINGS.—The Senate finds the fol- under penalty or perjury, by the chief oper- lowing: ‘‘§ 40123. Nondiscrimination in the use of pri- ating officer of the air carrier, that such air (1) In order to enforce Congressional Budg- vate airports. carrier has addressed the year 2000 tech- et Resolutions and help control Federal ‘‘(a) IN GENERAL.—Notwithstanding any nology problem so that the air carrier will be spending, there are currently at least 22 dif- other provision of law, no state, county, city in full compliance with applicable safety reg- ferent points of order in the Congressional or municipal government may prohibit the ulations on and after January 1, 2000. Budget Act of 1974. Many of these points of use or full enjoyment of a private airport order require a supermajority vote in the within its jurisdiction by any person on the Senate. basis of that person’s race, creed, color, na- FITZGERALD AMENDMENT NO. 2242 (2) With the exceptions of Social Security tional origin, sex, or ancestry. and the Postal Service, all Federal Govern- ‘‘(b) ENFORCEMENT.—A person who has been (Ordered to lie on the table.) ment spending is on-budget. On-budget treat- discriminated against under paragraph (a) October 5, 1999 CONGRESSIONAL RECORD — SENATE S12009 may bring a civil action, for injunctive or annual delays as determined by the Federal (2) shall be exempt from any general budg- declaratory relief only, in the United States Aviation Administration. et limitation imposed by statute on expendi- District Court for the judicial district in (b) APPORTIONMENT.—Title 49, United tures and net lending (budget outlays) of the which the private landing area is located; States Code, section 47114(d), is amended by United States Government. provided, however, that neither the United adding at the end: SEC. 2. SAFEGUARDS AGAINST DEFICIT SPEND- States Government nor any of its agencies, ‘‘(4) The Secretary shall apportion an addi- ING OUT OF AIRPORT AND AIRWAY instrumentalities, or employees, in their of- tional 5 percent of the amount subject to ap- TRUST FUND. ficial capacity, shall be party to such action. portionment for each fiscal year to States (a) IN GENERAL.—Subhcapter I of chapter ‘‘(c) METHOD OF REDRESS.—Section (b) that include a General Aviation Metropoli- 471 is further amended by adding at the end shall provide the sole and exclusive method tan Access and Reliever Airport equal to the the following: for the redress of claims arising out of Sec- percentage of the apportionment equal to ‘‘§ 47138. Safeguards against deficit spending tion (a). the percentage of the number of operations ‘‘(a) ESTIMATES OF UNFUNDED AVIATION AU- ‘‘(d) LIMITATIONS.—Nothing in this provi- of the State’s eligible General Aviation Met- THORIZATIONS AND NET AVIATION RECEIPTS.— sion shall be construed as a limitation, ropolitan Access and Reliever Airport com- Not later than March 31 of each year, the amendment, or change or to any authorities, pared to the total operations of all General Secretary of Transportation, in consultation rights, or obligations of the United States Aviation Metropolitan Access and Reliever with the Secretary of the Treasury, shall Government, nor any of its agencies, instru- Airports. Such funds may only be used by estimate— mentalities, or employees, in the course of the States for eligible projects at eligible ‘‘(1) the amount which would (but for this their official capacity.’’ General Aviation Metropolitan Access and section) be the unfunded aviation authoriza- (b) JUDICIARY AND JUDICIAL PROCEDURES.— Reliever Airports.’’ tions at the close of the first fiscal year that Title 28, United States Code, Judiciary and begins after that March 31; and Judicial Procedure is hereby amended to ABRAHAM AMENDMENT NO. 2251 ‘‘(2) the net aviation receipts to be credited provide exclusive jurisdiction over a claim to the Airport and Airway Trust Fund during arising out of 49 U.S.C. § 40101, et. seq., as Mr. MCCAIN (for Mr. ABRAHAM) pro- the fiscal year. amended by P.L. 103–305 (August 23, 1994), in posed an amendment to the bill, S. 82, ‘‘(b) PROCEDURES IF EXCESS UNFUNDED the United States District Court for the judi- supra; as follows: AVIATION AUTHORIZATIONS.—If the Secretary cial district in which the private landing On page 14, strike lines 9 through 11. of Transportation determines for any fiscal area is located, provided, however, that nei- year that the amount described on sub- ther the United States Government nor any section (a)(1) exceeds the amount described of its agencies, instrumentalities, or employ- SHELBY AMENDMENTS NOS. 2252– in subsection (a)(2), the Secretary shall de- ees, in their official capacity, shall be party 2253 termine the amount of such excess. to such an action. (Ordered to lie on the table.) ‘‘(c) ADJUSTMENT OF AUTHORIZATIONS IF UN- Mr. SHELBY submitted 2 amend- FUNDED AUTHORIZATIONS EXCEED RECEIPTS.— AMENDMENT NO. 2249 ETERMINATION OF PERCENTAGE ments intended to be proposed by him ‘‘(1) D .—If the Secretary determines that there is an excess At the appropriate place insert the fol- to the bill S. 82, supra; as follows: lowing: referred to in subsection (b) for a fiscal year, AMENDMENT NO. 2252 SEC. . GENERAL AVIATION METROPOLITAN AC- the Secretary shall determine the percent- CESS AND RELIEVER AIRPORT At the appropriate place insert the fol- age which— GRANT FUND. lowing: ‘‘(A) such excess, is of ‘‘(B) the total of the amounts authorized to (a) DEFINITION.—Title 49, United States SEC. ll. AVIATION DISCRETIONARY SPENDING Code, is amended by adding the following GUARANTEE. be appropriated from the Airport and Airway new section at the end of section 47144(d)(1): Section 251(c) of the Balanced Budget and Trust Fund for the next fiscal year. ‘‘(2) ADJUSTMENT OF AUTHORIZATIONS.—If ‘‘(C) GENERAL AVIATION METROPOLITAN AC- Emergency Deficit Control Act of 1985 (2 the Secretary determines a percentage under CESS AND RELIEVER AIRPORT.—‘General Avia- U.S.C. 901(c)) is amended— tion Metropolitan Access and Reliever Air- (1) in paragraph (5)— paragraph (1), each amount authorized to be port’ means a Reliever Airport which has an- (A) in subparagraph (B), by striking ‘‘and’’ appropriated from the Airport and Airway nual operations in excess of 75,000 oper- at the end; Trust Fund for the next fiscal year shall be ations, a runway with a minimum usable (B) in subparagraph (C), by adding ‘‘and’’ reduced by such percentage. ‘‘(d) AVAILABILITY OF AMOUNTS PREVIOUSLY landing distance of 5,000 feet, a precision in- after the semicolon; and WITHHELD.— strument landing procedure, a minimum of (C) by adding at the end the following: ‘‘(1) ADJUSTMENT OF AUTHORIZATIONS.—If, 150 based aircraft, and where the adjacent ‘‘(D) for the aviation category, an outlay after a reduction has been made under sub- Air Carrier Airport exceeds 20,000 hours of amount equal to the limitation on obliga- section (c)(2), the Secretary determines that annual delays as determined by the Federal tions for the airport improvement program the amount described in subsection (a)(1) Aviation Administration. and the amounts authorized for operations, does not exceed the amount described in sub- (b) APPORTIONMENT.—Title 49, United research, and facilities, and equipment in the section (a)(2) or that the excess referred to in States Code, section 47114(d), is amended by Air Transportation Improvement Act for fis- subsection (b) is less than the amount pre- adding at the end: cal year 2001;’’; and viously determined, each amount authorized ‘‘(4) The Secretary shall apportion an addi- (2) in paragraph (6)— to be appropriated that was reduced under tional 5 percent of the amount subject to ap- (A) in subparagraph (B), by striking ‘‘and’’ subsection ((c)(2) shall be increased, by an portionment for each fiscal year to each eli- at the end; equal percentage, to the extent the Sec- gible General Aviation Metropolitan Access (B) by adding at the end the following: retary determines that it may be so in- and Reliever Airports in proportion to the ‘‘(D) for the aviation category, an outlay creased without causing the amount de- percentage of the number of operations at amount equal to the limitation on obliga- scribed in subsection (a)(1) to exceed the that General Aviation Metropolitan Access tions for the airport improvement program amount described in subsection (a)(2) (but and Reliever Airport compared to the total and the amounts authorized for operations, not by more than the amount of the reduc- operations of all General Aviation Metro- research, and facilities, and equipment in the tion). politan Access and Reliever Airports.’’ Air Transportation Improvement Act for fis- ‘‘(2) APPORTIONMENT.—The Secretary shall cal year 2002; and’’. apportion amounts made available for appor- AMENDMENT NO. 2250 tionment by paragraph (1). At the appropriate place insert the fol- At the appropriate place, insert: ‘‘(3) PERIOD OF AVAILABILITY.—Any funds lowing: SEC. 1. BUDGETARY TREATMENT OF AIRPORT apportioned under paragraph (2) shall remain SEC. . GENERAL AVIATION METROPOLITAN AC- AND AIRWAY TRUST FUND. available for the period for which they would CESS AND RELIEVER AIRPORT Notwithstanding any other provision of be available if such apportionment took ef- GRANT FUND. law, the receipts and disbursements of the fect with the fiscal year in which they are (a) DEFINITION.—Title 49, United States Airport and Airway Trust Fund established apportioned under paragraph (2). Code, is amended by adding the following by section 9502 of the Internal Revenue Code ‘‘(e) REPORTS.—Any estimate under sub- new section at the end of section 47144(d)(1): of 1986— section (a) and any determination under sub- ‘‘(C) GENERAL AVIATION METROPOLITAN AC- (1) shall not be counted as new budget au- section (b), (c), or (d) shall be reported by the CESS AND RELIEVER AIRPORT.—‘General Avia- thority, outlays, receipts, or deficit or sur- Secretary to Congress. tion Metropolitan Access and Reliever Air- plus for purposes of— ‘‘(f) DEFINITIONS.—For purposes of this sec- port’ means a Reliever Airport which has an- (A) the budget of the United States Gov- tion, the following definitions apply: nual operations in excess of 75,000 oper- ernment as submitted by the President; ‘‘(1) NET AVIATION RECEIPTS.—The term ‘net ations, a runway with a minimum usable (B) the congressional budget (including al- aviation receipts’ means, with respect to any landing distance of 5,000 feet, a precision in- locations of budget authority and outlays period, the excess of— strument landing procedure, a minimum of provided therein); or ‘‘(A) the receipts (including interest) of the 150 based aircraft, and where the adjacent (C) the Balanced Budget and Emergency Airport and Airway Trust fund during such Air Carrier Airport exceeds 20,000 hours of Deficit Control Act of 1985; and period, over S12010 CONGRESSIONAL RECORD — SENATE October 5, 1999 ‘‘(B) the amounts to be transferred during Sec. ø212¿ 213. Requirements to obtain con- Sec. 404. Protection of refinance of security such period from the Airport and Airway firmation and discharge in interest. Trust Fund under section 9502(d) of the In- cases involving domestic sup- Sec. 405. Executory contracts and unexpired ternal Revenue Code of 1986 (other than para- port obligations. leases. graph (1) thereof). Sec. ø213¿ 214. Exceptions to automatic stay Sec. 406. Creditors and equity security hold- ‘‘(2) UNFUNDED AVIATION AUTHORIZATIONS.— in domestic support obligation ers committees. The term ‘unfunded aviation authorization’ proceedings. Sec. 407. Amendment to section 546 of title means, at any time, the excess (if any) of— Sec. ø214¿ 215. Nondischargeability of cer- 11, United States Code. ‘‘(A) the total amount authorized to be ap- tain debts for alimony, mainte- Sec. 408. Limitation. propriated from the Airport and Airway nance, and support. Sec. 409. Amendment to section 330(a) of Trust Fund which has not been appropriated, Sec. ø215¿ 216. Continued liability of prop- title 11, United States Code. over erty. Sec. 410. Postpetition disclosure and solici- ‘‘(B) the amount available in the Airport Sec. ø216¿ 217. Protection of domestic sup- tation. and Airway Trust Fund at such time to port claims against preferential Sec. 411. Preferences. make such appropriation (after all other un- transfer motions. Sec. 412. Venue of certain proceedings. liquidated obligations at such time which øSec. 217. Amendment to section 1325 of title Sec. 413. Period for filing plan under chapter are payable from the Airport and Airway 11, United States Code. 11. Trust Fund have been liquidated).’’. øSec. 218. Definition of domestic support ob- Sec. 414. Fees arising from certain owner- (b) CONFORMING AMENDMENT.—The analysis ligation. ship interests. for subchapter I of chapter 471 is further Sec. 218. Disposable income defined. Sec. 415. Creditor representation at first amended by adding at the end the following: Sec. 219. Collection of child support. meeting of creditors. ‘‘47138. Safeguards against deficit spending.’’ Subtitle C—Other Consumer Protections øSec. 416. Elimination of certain fees pay- able in chapter 11 bankruptcy SEC. 3. ADJUSTMENTS TO DISCRETIONARY øSec. 221. Definitions. SPENDING LIMITS cases.¿ øSec. 222. Disclosures. Sec. ø417¿ 416. Definition of disinterested When the President submits the budget øSec. 223. Debtor’s bill of rights. under section 1105(a) of title 31, United person. øSec. 224. Enforcement.¿ Sec. ø418¿ 417. Factors for compensation of States Code, for fiscal year 2001, the Director Sec. 221. Amendments to discourage abusive of the Office of Management and Budget professional persons. bankruptcy filings. Sec. ø419¿ 418. Appointment of elected trust- shall, pursuant to section 251(b)(1)(A) of the Sec. ø225¿ 222. Sense of Congress. Balanced Budget and Emergency Deficit ee. Sec. ø226¿ 223. Additional amendments to Sec. 419. Utility service. Control Act of 1985, calculate and the budget title 11, United States Code. shall include appropriate reductions to the Sec. 224. Protection of retirement savings in Subtitle B—Small Business Bankruptcy discretionary spending limits for each of fis- bankruptcy. Provisions cal years 2001 and 2002 set forth in section TITLE III—DISCOURAGING BANKRUPTCY Sec. 421. Flexible rules for disclosure state- 251(c)(5)(A) and section 251(c)(6)(A) of that ABUSE ment and plan. Act (as adjusted under section 251 of that Sec. 422. Definitions; effect of discharge. Act) to reflect the discretionary baseline Sec. 301. Reinforcement of the fresh start. Sec. 423. Standard form disclosure State- trust fund spending (without any adjustment Sec. 302. Discouraging bad faith repeat fil- ment and plan. for inflation) for the Federal Aviation Ad- ings. Sec. 424. Uniform national reporting re- ministration that is subject to section 902 of Sec. 303. Curbing abusive filings. quirements. this Act for each of those two fiscal years. Sec. 304. Debtor retention of personal prop- Sec. 425. Uniform reporting rules and forms erty security. SEC. 4. APPLICABILITY. for small business cases. Sec. 305. Relief from the automatic stay This title (including the amendments made Sec. 426. Duties in small business cases. when the debtor does not com- by this Act) shall apply to fiscal years begin- Sec. 427. Plan filing and confirmation dead- plete intended surrender of con- ning after September 30, 2000. lines. sumer debt collateral. Sec. 428. Plan confirmation deadline. Sec. 306. Giving secured creditors fair treat- HATCH AMENDMENT NO. 2254 Sec. 429. Prohibition against extension of ment in chapter 13. time. (Ordered to lie on the table.) Sec. 307. Exemptions. Sec. 430. Duties of the United States trustee. Mr. HATCH submitted an amend- Sec. 308. Residency requirement for home- Sec. 431. Scheduling conferences. ment intended to be proposed by him stead exemption. Sec. 432. Serial filer provisions. Sec. 309. Protecting secured creditors in to the bill S. 82, supra; as follows: Sec. 433. Expanded grounds for dismissal or chapter 13 cases. conversion and appointment of Insert in the appropriate place: Sec. 310. Limitation on luxury goods. [The parts of the bill intended to be strick- trustee. Sec. 311. Automatic stay. Sec. 434. Study of operation of title 11, en are shown in boldface brackets and the Sec. 312. Extension of period between bank- parts to be inserted are shown in italic.] United States Code, with re- ruptcy discharges. spect to small businesses. TITLE— Sec. 313. Definition of household goods and Sec. 435. Payment of interest. SECTION 1. SHORT TITLE; TABLE OF CONTENTS. antiques. Sec. 314. Debt incurred to pay nondischarge- TITLE V—MUNICIPAL BANKRUPTCY (a) SHORT TITLE.—This title may be cited PROVISIONS as the ‘‘Bankruptcy Reform Act of 1999’’. able debts. Sec. 501. Petition and proceedings related to (b) TABLE OF CONTENTS.—The table of con- Sec. 315. Giving creditors fair notice in tents of this Act is as follows: chapters 7 and 13 cases. petition. Sec. 316. Dismissal for failure to timely file Sec. 502. Applicability of other sections to Sec. 1. Short title; table of contents. schedules or provide required chapter 9. TITLE I—NEEDS-BASED BANKRUPTCY information. TITLE VI—IMPROVED BANKRUPTCY Sec. 101. Conversion. Sec. 317. Adequate time to prepare for hear- STATISTICS AND DATA Sec. 102. Dismissal or conversion. ing on confirmation of the plan. Sec. 601. Audit procedures. Sec. 103. Notice of alternatives. Sec. 318. Chapter 13 plans to have a 5-year Sec. 602. Improved bankruptcy statistics. Sec. 104. Debtor financial management duration in certain cases. Sec. 603. Uniform rules for the collection of training test program. Sec. 319. Sense of the Congress regarding ex- bankruptcy data. Sec. 105. Credit counseling. pansion of rule 9011 of the Fed- Sec. 604. Sense of Congress regarding avail- TITLE II—ENHANCED CONSUMER eral Rules of Bankruptcy Pro- ability of bankruptcy data. PROTECTION cedure. Sec. 320. Prompt relief from stay in indi- TITLE VII—BANKRUPTCY TAX Subtitle A—Penalties for Abusive Creditor PROVISIONS Practices vidual cases. Sec. 321. Treatment of certain earnings of an Sec. 701. Treatment of certain liens. Sec. 201. Promotion of alternative dispute individual debtor who files a vol- Sec. 702. Effective notice to government. resolution. Sec. 703. Notice of request for a determina- Sec. 202. Effect of discharge. untary case under chapter 11. TITLE IV—GENERAL AND SMALL tion of taxes. Sec. 203. Violations of the automatic stay. Sec. 704. Rate of interest on tax claims. BUSINESS BANKRUPTCY PROVISIONS Sec. 204. Discouraging abuse of reaffirma- Sec. 705. Tolling of priority of tax claim tion practices. Subtitle A—General Business Bankruptcy time periods. Subtitle B—Priority Child Support Provisions Sec. 706. Priority property taxes incurred. Sec. 211. Definition of domestic support obliga- Sec. 401. Rolling stock equipment. Sec. 707. Chapter 13 discharge of fraudulent tion. Sec. 402. Adequate protection for investors. and other taxes. Sec. ø211¿ 212. Priorities for claims for do- Sec. 403. Meetings of creditors and equity se- Sec. 708. Chapter 11 discharge of fraudulent mestic support obligations. curity holders. taxes. October 5, 1999 CONGRESSIONAL RECORD — SENATE S12011 Sec. 709. Stay of tax proceedings. Sec. ø1222¿ 1120. Discharge under chapter 12. total income. In order to establish special Sec. 710. Periodic payment of taxes in chap- Sec. ø1223¿ 1121. Bankruptcy cases and pro- circumstances, the debtor shall be required ter 11 cases. ceedings. to— Sec. 711. Avoidance of statutory tax liens Sec. ø1224¿ 1122. Knowing disregard of bank- ‘‘(I) itemize each additional expense or ad- prohibited. ruptcy law or rule. justment of income; and Sec. 712. Payment of taxes in the conduct of Sec. ø1225¿ 1123. Transfers made by non- ‘‘(II) provide— business. profit charitable corporations. ‘‘(aa) documentation for such expenses; Sec. 713. Tardily filed priority tax claims. Sec. ø1226¿ 1124. Protection of valid purchase and Sec. 714. Income tax returns prepared by tax money security interests. ‘‘(bb) a detailed explanation of the special authorities. Sec. ø1227¿ 1125. Extensions. circumstances that make such expenses nec- Sec. 715. Discharge of the estate’s liability Sec. ø1228¿ 1126. Bankruptcy judgeships. essary and reasonable. for unpaid taxes. TITLE øXIII¿ XII—GENERAL EFFECTIVE ‘‘(ii) The debtor, and the attorney for the Sec. 716. Requirement to file tax returns to DATE; APPLICATION OF AMENDMENTS debtor if the debtor has an attorney, shall confirm chapter 13 plans. Sec. ø1301¿ 1201. Effective date; application attest under oath to the accuracy of any in- Sec. 717. Standards for tax disclosure. of amendments. formation provided to demonstrate that ad- Sec. 718. Setoff of tax refunds. ditional expenses or adjustments to income TITLE I—NEEDS-BASED BANKRUPTCY TITLE VIII—ANCILLARY AND OTHER are required. CROSS-BORDER CASES SEC. 101. CONVERSION. ‘‘(iii) The presumption of abuse may be re- Section 706(c) of title 11, United States butted if the additional expenses or adjust- Sec. 801. Amendment to add chapter 15 to Code, is amended by inserting ‘‘or consents ments to income referred to in clause (i) title 11, United States Code. to’’ after ‘‘requests’’. cause the product of the debtor’s current Sec. 802. Amendments to other chapters in SEC. 102. DISMISSAL OR CONVERSION. monthly income reduced by the amounts de- title 11, United States Code. (a) IN GENERAL.—Section 707 of title 11, termined under clauses (ii), (iii), and (iv) of Sec. 803. Claims relating to insurance depos- United States Code, is amended— subparagraph (A) multiplied by 60 to be less its in cases ancillary to foreign (1) by striking the section heading and in- than the lesser of— proceedings. serting the following: ‘‘(I) 25 percent of the debtor’s nonpriority TITLE IX—FINANCIAL CONTRACT unsecured claims; or PROVISIONS ‘‘§ 707. Dismissal of a case or conversion to a case under chapter 13’’; ‘‘(II) $15,000. Sec. 901. Bankruptcy Code amendments. ‘‘(C)(i) As part of the schedule of current Sec. 902. Damage measure. and income and expenditures required under sec- Sec. 903. Asset-backed securitizations. (2) in subsection (b)— tion 521, the debtor shall include a statement Sec. 904. Effective date; application of (A) by inserting ‘‘(1)’’ after ‘‘(b)’’; of the debtor’s current monthly income, and amendments. (B) in paragraph (1), as redesignated by the calculations that determine whether a subparagraph (A) of this paragraph— presumption arises under subparagraph TITLE X—PROTECTION OF FAMILY (i) in the first sentence— FARMERS (A)(i), that shows how each such amount is (I) by striking ‘‘but not at the request or calculated. Sec. 1001. Reenactment of chapter 12. suggestion’’ and inserting ‘‘, panel trustee ‘‘(ii) The Supreme Court shall promulgate Sec. 1002. Debt limit increase. or’’; rules under section 2075 of title 28, that pre- Sec. 1003. Elimination of requirement that (II) by inserting ‘‘, or, with the debtor’s scribe a form for a statement under clause (i) family farmer and spouse re- consent, convert such a case to a case under and may provide general rules on the con- ceive over 50 percent of income chapter 13 of this title,’’ after ‘‘consumer tent of the statement. from farming operation in year debts’’; and ‘‘(3) In considering under paragraph (1) prior to bankruptcy. (III) by striking ‘‘substantial abuse’’ and whether the granting of relief would be an Sec. 1004. Certain claims owed to govern- inserting ‘‘abuse’’; and abuse of the provisions of this chapter in a mental units. (ii) by striking the next to last sentence; case in which the presumption in subpara- TITLE XI—HEALTH CARE AND and graph (A)(i) of such paragraph does not apply EMPLOYEE BENEFITS (C) by adding at the end the following: or has been rebutted, the court shall ‘‘(2)(A)(i) In considering under paragraph øSec. 1101. Definitions. consider— (1) whether the granting of relief would be an øSec. 1102. Disposal of patient records. ‘‘(A) whether the debtor filed the petition abuse of the provisions of this chapter, the øSec. 1103. Administrative expense claim for in bad faith; or costs of closing a health care court shall presume abuse exists if the debt- ‘‘(B) the totality of the circumstances (in- business. or’s current monthly income reduced by the cluding whether the debtor seeks to reject a amounts determined under clauses (ii), (iii), øSec. 1104. Appointment of ombudsman to personal services contract and the financial act as patient advocate. and (iv), and multiplied by 60 is not less than need for such rejection as sought by the the lesser of— øSec. 1105. Debtor in possession; duty of debtor) of the debtor’s financial situation ‘‘(I) 25 percent of the debtor’s nonpriority trustee to transfer patients.¿ demonstrates abuse.’’. unsecured claims in the case; or (b) DEFINITION.—Title 11, United States TITLE øXII¿ XI—TECHNICAL ‘‘(II) $15,000. Code, is amended— AMENDMENTS ‘‘(ii) The debtor’s monthly expenses shall (1) in section 101, by inserting after para- Sec. ø1201¿ 1101. Definitions. be the applicable monthly (excluding pay- graph (10) the following: Sec. ø1202¿ 1102. Adjustment of dollar ments for debts) expenses under standards ‘‘(10A) ‘current monthly income’— amounts. issued by the Internal Revenue Service for ‘‘(A) means the average monthly income Sec. ø1203¿ 1103. Extension of time. the area in which the debtor resides, as in ef- from all sources which the debtor, or in a Sec. ø1204¿ 1104. Technical amendments. fect on the date of the entry of the order for joint case, the debtor and the debtor’s Sec. ø1205¿ 1105. Penalty for persons who relief, for the debtor, the dependents of the spouse, receive without regard to whether negligently or fraudulently pre- debtor, and the spouse of the debtor in a the income is taxable income, derived during pare bankruptcy petitions. joint case, if the spouse is not otherwise a the 180-day period preceding the date of de- Sec. ø1206¿ 1106. Limitation on compensa- dependent. termination; and tion of professional persons. ‘‘(iii) The debtor’s average monthly pay- ‘‘(B) includes any amount paid by any enti- Sec. ø1207¿ 1107. Special tax provisions. ments on account of secured debts shall be ty other than the debtor (or, in a joint case, Sec. ø1208¿ 1108. Effect of conversion. calculated as— the debtor and the debtor’s spouse), on a reg- Sec. ø1209¿ 1109. Allowance of administrative ‘‘(I) the total of all amounts scheduled as ular basis to the household expenses of the expenses. contractually due to secured creditors in debtor or the debtor’s dependents (and, in a øSec. 1210. Priorities. each month of the 60 months following the joint case, the debtor’s spouse if not other- øSec. 1211. Exemptions.¿ date of the petition; divided by wise a dependent);’’; and Sec. ø1212¿ 1110. Exceptions to discharge. ‘‘(II) 60. (2) in section 704— Sec. ø1213¿ 1111. Effect of discharge. ‘‘(iv) The debtor’s expenses for payment of (A) by inserting ‘‘(a)’’ before ‘‘The trustee Sec. ø1214¿ 1112. Protection against discrimi- all priority claims (including priority child shall—’’; and natory treatment. support and alimony claims) shall be cal- (B) by adding at the end the following: Sec. ø1215¿ 1113. Property of the estate. culated as— ‘‘(b)(1) With respect to an individual debtor Sec. ø1216¿ 1114. Preferences. ‘‘(I) the total amount of debts entitled to under this chapter— Sec. ø1217¿ 1115. Postpetition transactions. priority; divided by ‘‘(A) the United States trustee or bank- Sec. ø1218¿ 1116. Disposition of property of ‘‘(II) 60. ruptcy administrator shall review all mate- the estate. ‘‘(B)(i) In any proceeding brought under rials filed by the debtor and, not later than Sec. ø1219¿ 1117. General provisions. this subsection, the presumption of abuse 10 days before the first meeting of creditors, Sec. ø1220¿ 1118. Abandonment of railroad may be rebutted by demonstrating special file with the court a statement as to whether line. circumstances that justify additional ex- the debtor’s case would be presumed to be an Sec. ø1221¿ 1119. Contents of plan. penses or adjustments of current monthly abuse under section 707(b); and S12012 CONGRESSIONAL RECORD — SENATE October 5, 1999 ‘‘(B) not later than 5 days after receiving a of the date of the order for relief, have a Speaker of the House of Representatives and statement under subparagraph (A), the court total current monthly income equal to or the President pro tempore of the Senate, for shall provide a copy of the statement to all less than the national or applicable State referral to the appropriate committees of creditors. median family monthly income calculated Congress, containing the findings of the Di- ‘‘(2) The United States trustee or bank- on a monthly basis for a family of equal rector regarding the effectiveness of such ruptcy administrator shall not later than 30 size.’’. curriculum, such materials, and such pro- days after receiving a statement filed under (c) CLERICAL AMENDMENT.—The table of grams. paragraph (1) file a motion to dismiss or con- sections for chapter 7 of title 11, United SEC. 105. CREDIT COUNSELING. vert under section 707(b), or file a statement States Code, is amended by striking the item (a) WHO MAY BEA DEBTOR.—Section 109 of setting forth the reasons the United States relating to section 707 and inserting the fol- title 11, United States Code, is amended by trustee or bankruptcy administrator does lowing: adding at the end the following: not believe that such a motion would be øap- ‘‘707. Dismissal of a case or conversion to a ‘‘(h)(1) Subject to paragraphs (2) and (3), propriate. If,¿ appropriate, if based on the fil- case under chapter 13.’’. and notwithstanding any other provision of ing of such statement with the court, the SEC. 103. NOTICE OF ALTERNATIVES. this section, an individual may not be a United States trustee or bankruptcy admin- Section 342(b) of title 11, United States debtor under this title unless that individual istrator determines that the debtor’s case Code, is amended to read as follows: has, during the ø90-day period¿ 180-day period should be presumed to be an abuse under sec- ‘‘(b)(1) Before the commencement of a case preceding the date of filing of the petition of tion 707(b) and the product of the debtor’s under this title by an individual whose debts that individual, received from an approved current monthly income, multiplied by 12 is are primarily consumer debts, that indi- nonprofit credit counseling service described not less than— vidual shall be given or obtain (as required in section 111(a) an individual or group brief- ‘‘(A) the highest national or applicable in section 521(a)(1), as part of the certifi- ing that outlined the opportunities for avail- State median family income reported for a cation process under subchapter I of chapter able credit counseling and assisted that indi- family of equal or lesser size, whichever is 5) a written notice prescribed by the United vidual in performing a related budget anal- greater; or States trustee for the district in which the ysis. ‘‘(B) in the case of a household of 1 person, ‘‘(2)(A) Paragraph (1) shall not apply with petition is filed under section 586 of title 28. the national or applicable State median ‘‘(2) The notice shall contain the following: respect to a debtor who resides in a district household income for 1 earner, whichever is ‘‘(A) A brief description of chapters 7, 11, for which the United States trustee or bank- greater. 12, and 13 and the general purpose, benefits, ruptcy administrator of the bankruptcy ‘‘(3)(A) The court shall order the counsel and costs of proceeding under each of those court of that district determines that the ap- for the debtor to reimburse the panel trustee chapters. proved nonprofit credit counseling services for all reasonable costs in prosecuting a mo- ‘‘(B) A brief description of services that for that district are not reasonably able to tion brought under section 707(b), including may be available to that individual from a provide adequate services to the additional reasonable attorneys’ fees, if— credit counseling service that is approved by individuals who would otherwise seek credit ‘‘(i) a panel trustee appointed under sec- the United States trustee for that district.’’. counseling from those programs by reason of tion 586(a)(1) of title 28 brings a motion for the requirements of paragraph (1). dismissal or conversion under this sub- SEC. 104. DEBTOR FINANCIAL MANAGEMENT ‘‘(B) Each United States trustee or bank- TRAINING TEST PROGRAM. section; and ruptcy administrator that makes a deter- (a) DEVELOPMENT OF FINANCIAL MANAGE- ‘‘(ii) the court— mination described in subparagraph (A) shall MENT AND TRAINING CURRICULUM AND MATE- ‘‘(I) grants that motion; and review that determination not later than 1 RIALS.—The Director of the Executive Office ‘‘(II) finds that the action of the counsel year after the date of that determination, for United States Trustees (in this section for the debtor in filing under this chapter and not less frequently than every year referred to as the ‘‘Director’’) shall— was not substantially justified. thereafter. ‘‘(B) If the court finds that the attorney for (1) consult with a wide range of individuals ‘‘(3)(A) Subject to subparagraph (B), the re- the debtor violated Rule 9011, at a minimum, who are experts in the field of debtor edu- quirements of paragraph (1) shall not apply the court shall order— cation, including trustees who are appointed with respect to a debtor who submits to the ‘‘(i) the assessment of an appropriate civil under chapter 13 of title 11, United States court a certification that— penalty against the counsel for the debtor; Code, and who operate financial manage- ‘‘(i) describes exigent circumstances that and ment education programs for debtors; and merit a waiver of the requirements of para- ‘‘(ii) the payment of the civil penalty to (2) develop a financial management train- graph (1); the panel trustee or the United States trust- ing curriculum and materials that may be ‘‘(ii) states that the debtor requested cred- ee. used to educate individual debtors con- it counseling services from an approved non- ‘‘(C) In the case of a petition referred to in cerning how to better manage their finances. profit credit counseling service, but was un- subparagraph (B), the signature of an attor- (b) TEST.— able to obtain the services referred to in ney shall constitute a certificate that the at- (1) IN GENERAL.—The Director shall select 3 paragraph (1) during the 5-day period begin- torney has— judicial districts of the United States in ning on the date on which the debtor made ‘‘(i) performed a reasonable investigation which to test the effectiveness of the finan- that request; and into the circumstances that gave rise to the cial management training curriculum and ‘‘(iii) is satisfactory to the court. petition; and materials developed under subsection (a). ‘‘(B) With respect to a debtor, an exemp- ‘‘(ii) determined that the petition— (2) AVAILABILITY OF CURRICULUM AND MATE- tion under subparagraph (A) shall cease to ‘‘(I) is well grounded in fact; and RIALS.—For a 1-year period beginning not apply to that debtor on the date on which ‘‘(II) is warranted by existing law or a good later than 270 days after the date of enact- the debtor meets the requirements of para- faith argument for the extension, modifica- ment of this Act, the curriculum and mate- graph (1), but in no case may the exemption tion, or reversal of existing law and does not rials referred to in paragraph (1) shall be apply to that debtor after the date that is 30 constitute an abuse under paragraph (1). made available by the Director, directly or days after the debtor files a petition.’’. ‘‘(4)(A) Except as provided in subparagraph indirectly, on request to individual debtors (b) CHAPTER 7 DISCHARGE.—Section 727(a) (B) and subject to paragraph (5), the court in cases filed during that 1-year period under of title 11, United States Code, is amended— may award a debtor all reasonable costs in chapter 7 or 13 of title 11, United States (1) in paragraph (9), by striking ‘‘or’’ at the contesting a motion brought by a party in Code. end; interest (other than a panel trustee or (c) EVALUATION.— (2) in paragraph (10), by striking the period United States trustee) under this subsection (1) IN GENERAL.—During the 1-year period and inserting ‘‘; or’’; and (including reasonable attorneys’ fees) if— referred to in subsection (b), the Director (3) by adding at the end the following: ‘‘(i) the court does not grant the motion; shall evaluate the effectiveness of— ‘‘(11) after the filing of the petition, the and (A) the financial management training debtor failed to complete an instructional ‘‘(ii) the court finds that— curriculum and materials developed under course concerning personal financial man- ‘‘(I) the position of the party that brought subsection (a); and agement described in section 111.’’. the motion was not substantially justified; (B) a sample of existing consumer edu- (c) CHAPTER 13 DISCHARGE.—Section 1328 of or cation programs such as those described in title 11, United States Code, is amended by ‘‘(II) the party brought the motion solely the report of the National Bankruptcy Re- adding at the end the following: for the purpose of coercing a debtor into view Commission issued on October 20, 1997, ‘‘(g) The court shall not grant a discharge waiving a right guaranteed to the debtor that are representative of consumer edu- under this section to a debtor, unless after under this title. cation programs carried out by— filing a petition the debtor has completed an ‘‘(B) A party in interest that has a claim of (i) the credit industry; instructional course concerning personal fi- an aggregate amount less than $1,000 shall (ii) trustees serving under chapter 13 of nancial management described in section not be subject to subparagraph (A). title 11, United States Code; and 111. ‘‘(5) Only the judge, United States trustee, (iii) consumer counseling groups. ‘‘(h) Subsection (g) shall not apply with re- bankruptcy administrator, or panel trustee (2) REPORT.—Not later than 3 months after spect to a debtor who resides in a district for may bring a motion under this section if the concluding the evaluation under paragraph which the United States trustee or bank- debtor and the debtor’s spouse combined, as (1), the Director shall submit a report to the ruptcy administrator of the bankruptcy October 5, 1999 CONGRESSIONAL RECORD — SENATE S12013 court of that district determines that the ap- the loan, or a reasonable extension thereof; ‘‘(aa) waiving the hearing; proved instructional courses are not ade- and ‘‘(bb) stating that the debtor is represented quate to service the additional individuals ‘‘(C) no part of the debt under the alter- by counsel; and who would be required to complete the in- native repayment schedule is nondischarge- ‘‘(cc) identifying the counsel. ;’’; øand¿ structional course by reason of the require- able. (B) in paragraph (6)(A)— ments of this section. ‘‘(2) The debtor shall have the burden of (i) in clause (i), by striking ‘‘and’’ at the ‘‘(i) Each United States trustee or bank- proving, by clear and convincing evidence, end; ruptcy administrator that makes a deter- that— (ii) in clause (ii), by striking the period and mination described in subsection (h) shall re- ‘‘(A) the creditor unreasonably refused to inserting ‘‘; and’’; and view that determination not later than 1 consider the debtor’s proposal; and (iii) by adding at the end the following: year after the date of that determination, ‘‘(B) the proposed alternative repayment ‘‘(iii) not an agreement that the debtor en- and not less frequently than every year schedule was made in the 60-day period speci- tered into as a result of a threat by the cred- thereafter.’’. fied in paragraph (1)(B)(i).’’. itor to take an action that, at the time of (d) DEBTOR’S DUTIES.—Section 521 of title (b) LIMITATION ON AVOIDABILITY.—Section the threat, the creditor could not legally 11, United States Code, is amended— 547 of title 11, United States Code, is amend- take or did not intend to takeø.¿; except (1) by inserting ‘‘(a)’’ before ‘‘The debtor ed by adding at the end the following: that’’; and shall—’’; and ‘‘(h) The trustee may not avoid a transfer (C) in paragraph (6)(B), by striking ‘‘Sub- (2) by adding at the end the following: if such transfer was made as a part of an al- paragraph’’ and inserting ‘‘subparagraph’’; and ‘‘(b) In addition to the requirements under ternative repayment plan between the debtor (2) in subsection (d), in the third sentence, subsection (a), an individual debtor shall file and any creditor of the debtor created by an by inserting after ‘‘during the course of ne- with the court— approved credit counseling agency.’’. gotiating an agreement’’ the following: ‘‘(or ‘‘(1) a certificate from the credit coun- SEC. 202. EFFECT OF DISCHARGE. if the consideration by such agreement is seling service that provided the debtor serv- Section 524 of title 11, United States Code, based on a wholly secured consumer debt, ices under section 109(h); and is amended by adding at the end the fol- and the debtor has not waived the right to a ‘‘(2) a copy of the debt repayment plan, if lowing: hearing under subsection (c)(2)(C))’’. any, developed under section 109(h) through ‘‘(i) The willful failure of a creditor to (b) LAW ENFORCEMENT.— the credit counseling service referred to in credit payments received under a plan con- (1) IN GENERAL.—Chapter 9 of title 18, paragraph (1).’’. firmed under this title (including a plan of United States Code, is amended by adding at (e) GENERAL PROVISIONS.— reorganization confirmed under chapter 11 of the end the following: (1) IN GENERAL.—Chapter 1 of title 11, this title) in the manner required by the plan United States Code, is amended by adding at (including crediting the amounts required ‘‘§ 158. Designation of United States attorneys the end the following: under the plan) shall constitute a violation and agents of the Federal Bureau of Inves- ‘‘§ 111. Credit counseling services; financial of an injunction under subsection (a)(2).’’. tigation to address abusive reaffirmations management instructional courses SEC. 203. VIOLATIONS OF THE AUTOMATIC STAY. of debt ‘‘(a) The clerk of each district shall main- Section 362(a) of title 11, United States ‘‘(a) IN GENERAL.—The Attorney General of tain a list of credit counseling services that Code, is amended— the United States shall designate the indi- provide 1 or more programs described in sec- (1) in paragraph (7), by striking ‘‘and’’ at viduals described in subsection (b) to have tion 109(h) and a list of instructional courses the end; primary responsibility in carrying out en- concerning personal financial management (2) in paragraph (8), by striking the period forcement activities in addressing violations that have been approved by— at the end and inserting ‘‘; and’’; and of section 152 or 157 relating to abusive re- ‘‘(1) the United States trustee; or (3) by adding at the end the following: affirmations of debt. ‘‘(9) any communication (other than a reci- ‘‘(2) the bankruptcy administrator for the ‘‘(b) UNITED STATES DISTRICT ATTORNEYS tation of the creditor’s legal rights) threat- district.’’. AND AGENTS OF THE FEDERAL BUREAU OF IN- ening a debtor (for the purpose of coercing (2) CLERICAL AMENDMENT.—The table of VESTIGATION—The individuals referred to in sections for chapter 1 of title 11, United an agreement for the reaffirmation of debt), subsection (a) are— States Code, is amended by adding at the end at any time after the commencement and be- ‘‘(1) a United States attorney for each judi- the following: fore the granting of a discharge in a case cial district of the United States; and ‘‘111. Credit counseling services; financial under this title, of an intention to— ‘‘(2) an agent of the Federal Bureau of In- management instructional ‘‘(A) file a motion to— vestigation (within the meaning of section courses.’’. ‘‘(i) determine the dischargeability of a 3107) for each field office of the Federal Bu- debt; or (f) LIMITATION.—Section 362 of title 11, reau of Investigation. ‘‘(ii) under section 707(b), øto¿ dismiss or United States Code, is amended by adding at convert a case; or ‘‘(c) BANKRUPTCY INVESTIGATIONS.—Each the end the following: ‘‘(B) repossess collateral from the debtor to United States attorney designated under this ‘‘(i) If a case commenced under chapter 7, which the stay applies.’’. section shall have primary responsibility for 11, or 13 øof this title¿ is dismissed due to the carrying out the duties of a United States creation of a debt repayment plan, for pur- SEC. 204. DISCOURAGING ABUSE OF REAFFIRMA- TION PRACTICES. attorney under section 3057.’’. poses of subsection (c)(3), any subsequent (2) CLERICAL AMENDMENT.—The analysis for case commenced by the debtor under any (a) IN GENERAL.—Section 524 of title 11, United States Code, as amended by section chapter 9 of title 18, United States Code, is such chapter shall not be presumed to be amended by adding at the end the following: filed not in good faith.’’. 202 of this Act, is amended— (1) in subsection (c)— ‘‘158. Designation of United States attorneys TITLE II—ENHANCED CONSUMER (A) in paragraph (2)— and agents of the Federal Bu- PROTECTION (i) in subparagraph (A), by striking ‘‘and’’ reau of Investigation to address Subtitle A—Penalties for Abusive Creditor at the end; abusive reaffirmations of Practices (ii) in subparagraph (B), by inserting ‘‘and’’ debt.’’. SEC. 201. PROMOTION OF ALTERNATIVE DISPUTE at the end; and (c) EXCEPTIONS TO DISCHARGE.—Section 523 RESOLUTION. (iii) by adding at the end the following: of title 11, United States Code, is amended by (a) REDUCTION OF CLAIM.—Section 502 of ‘‘(C)(i) the consideration for such agree- adding at the end the following: title 11, United States Code, is amended by ment is based on a wholly unsecured con- adding at the end the following: sumer debt; and ‘‘(f) Nothing in this section or in any other ‘‘(k)(1) The court, on the motion of the ‘‘(ii) such agreement contains a clear and provision of this title shall preempt any debtor and after a hearing, may reduce a conspicuous statement that advises the debt- State law relating to unfair trade practices claim filed under this section based in whole or that— that imposes restrictions on creditor con- on unsecured consumer debts by not more ‘‘(I) the debtor is entitled to a hearing be- duct that would give rise to liability— than 20 percent of the claim, if— fore the court at which— ‘‘(1) under this section; or ‘‘(A) the claim was filed by a creditor who ‘‘(aa) the debtor shall appear in person; and ‘‘(2) under section 524, for failure to comply unreasonably refused to negotiate a reason- ‘‘(bb) the court shall decide whether the with applicable requirements for seeking a able alternative repayment schedule pro- agreement constitutes an undue hardship, is reaffirmation of debt. posed by an approved credit counseling agen- not in the debtor’s best interest, or is not the ‘‘(g) ACTIONS BY STATES.—The attorney cy acting on behalf of the debtor; result of a threat by the creditor to take an general of a State, or an official or agency ‘‘(B) the offer of the debtor under subpara- action that, at the time of the threat, øthat¿ designated by a State— graph (A)— the creditor may not legally take or does not ‘‘(1) may bring an action on behalf of its ‘‘(i) was made at least 60 days before the intend to take; and residents to recover damages on their behalf filing of the petition; and ‘‘(II) if the debtor is represented by coun- under subsection (d) or section 524(c); and ‘‘(ii) provided for payment of at least 60 sel, the debtor may waive the debtor’s right ‘‘(2) may bring an action in a State court percent of the amount of the debt over a pe- to a hearing under subclause (I) by signing a to enforce a State criminal law that is simi- riod not to exceed the repayment period of statement— lar to section 152 or 157 of title 18.’’. S12014 CONGRESSIONAL RECORD — SENATE October 5, 1999 Subtitle B—Priority Child Support ø(1) in section 1129(a), by adding at the end mestic support obligation, and with respect to SEC. 211. DEFINITION OF DOMESTIC SUPPORT the following: whom the court certifies that all amounts OBLIGATION. ø‘‘(14) If the debtor is required by a judicial payable under such order or østatute that Section 101 of title 11, United States Code, is or administrative order or statute to pay a are due on or before the date¿ statute that ini- amended— domestic support obligation, the debtor has tially became payable after the date on which (1) by striking paragraph (12A); and paid all amounts payable under such order or the petition was filed through the date of the (2) by inserting after paragraph (14) the fol- statute for such obligation that become pay- øcertification (including amounts due before lowing: able after the date on which the petition is or after the petition was filed) have been ‘‘(14A) ‘domestic support obligation’ means a filed.’’;¿ paid’’ after ‘‘completion by the debtor of all debt that accrues before or after the entry of an (1) in section 1322(a)— payments under the plan’’.¿ certification have order for relief under this title that is— (A) in paragraph (2), by striking ‘‘and’’ at the been paid, after all amounts payable under that ‘‘(A) owed to or recoverable by— end; order that, as of the date of certification, are ‘‘(i) a spouse, former spouse, or child of the (B) in paragraph (3), by striking the period at owed directly to a spouse, former spouse, or debtor or such child’s parent or legal guardian; the end and inserting ‘‘; and’’; and child of the debtor, or the parent or legal guard- or (C) by adding in the end the following: ian of such child have been paid (unless the ‘‘(4) if the debtor is required by judicial or ad- ‘‘(ii) a governmental unit; holder of such claim agrees to a different treat- ministrative order or statute to pay a domestic ment of such claim),’’ after ‘‘completion by the ‘‘(B) in the nature of alimony, maintenance, support obligation, unless the holder of such debtor of all payments under the plan’’. or support (including assistance provided by a claim agrees to a different treatment of such governmental unit) of such spouse, former SEC. ø213.¿ 214. EXCEPTIONS TO AUTOMATIC claim, provide for the full payment of— STAY IN DOMESTIC SUPPORT OBLI- spouse, or child of the debtor or such child’s ‘‘(A) all amounts payable under such order or GATION PROCEEDINGS. parent or legal guardian, without regard to statute for such obligation that first become Section 362(b) of title 11, United States whether such debt is expressly so designated; payable after the date on which the petition is Code, is amended— ‘‘(C) established or subject to establishment filed; and (1) by striking paragraph (2) and inserting before or after entry of an order for relief under ‘‘(B) all amounts payable under such order the following: this title, by reason of applicable provisions of— before the date on which such petition was filed, ‘‘(2) under subsection (a)— ‘‘(i) a separation agreement, divorce decree, or if such amounts are owed directly to a spouse, ‘‘(A) of the commencement of an action or property settlement agreement; former spouse, child of the debtor, or a parent or proceeding for— ‘‘(ii) an order of a court of record; or legal guardian of such child.’’; ‘‘(i) the establishment of paternity øas a ‘‘(iii) a determination made in accordance (2) in section 1225(a)— part of an effort to collect domestic support with applicable nonbankruptcy law by a gov- (A) in paragraph (5), by striking ‘‘and’’ at the obligations¿; or ernmental unit; and end; ‘‘(ii) the establishment or modification of ‘‘(D) not assigned to a nongovernmental enti- (B) in paragraph (6), by striking the period at an order for domestic support obligations; or ty, unless that obligation is assigned voluntarily the end and inserting ‘‘; and’’; and ‘‘(B) the collection of a domestic support by the spouse, former spouse, child, or parent or (C) by adding at the end the following: obligation from property that¿ is not prop- legal guardian of the child for the purpose of ‘‘(7) if the debtor is required by a judicial or erty of the estate;’’; collecting the debt.’’. administrative order or statute to pay a domestic ø(2) in paragraph (17), by striking ‘‘or’’ at SEC. ø211.¿ 212. PRIORITIES FOR CLAIMS FOR DO- support obligation, the plan provides for the full the end; MESTIC SUPPORT OBLIGATIONS. payment of all amounts payable under such ø(3) in paragraph (18), by striking the pe- Section 507(a) of title 11, United States order or statute for such obligation that initially riod at the end and inserting a semicolon; Code, is amended— become payable after the date on which the pe- and (1) by striking paragraph (7); tition is filed.’’; ø(4) by inserting after paragraph (18) the (2) by redesignating paragraphs (1) through (3) in section 1228(a)— following: (6) as paragraphs (2) through (7), respec- (A) by striking ‘‘(a) As soon as practicable’’ ø‘‘(19) under subsection (a) with respect to tively; and inserting ‘‘(a)(1) Subject to paragraph (2), the withholding of income under an order as (3) in paragraph (2), as redesignated, by as soon as practicable’’; specified in section 466(b) of the Social Secu- striking ‘‘First’’ and inserting ‘‘Second’’; (B) by striking ‘‘(1) provided’’ and inserting rity Act (42 U.S.C. 666(b)); or (4) in paragraph (3), as redesignated, by the following: ø‘‘(20) under subsection (a) with respect striking ‘‘Second’’ and inserting ‘‘Third’’; ‘‘(A) provided’’; to—¿ (5) in paragraph (4), as redesignated, by (C) by striking ‘‘(2) of the kind’’ and inserting (2) by inserting after paragraph (4) the fol- striking ‘‘Third’’ and inserting ‘‘Fourth’’; the following: lowing: (6) in paragraph (5), as redesignated, by ‘‘(B) of the kind’’; and ‘‘(5) under subsection (a) with respect to the striking ‘‘Fourth’’ and inserting ‘‘Fifth’’; (D) by adding at the end the following: withholding of income— ‘‘(A) for payment of a domestic support obli- (7) in paragraph (6), as redesignated, by ‘‘(2) With respect to a debtor who is required gation for amounts that initially become pay- striking ‘‘Fifth’’ and inserting ‘‘Sixth’’; by a judicial or administrative order or statute able after the date the petition was filed; and to pay a domestic support obligation, the court (8) in paragraph (7), as redesignated, by ‘‘(B) for payment of a domestic support obli- may not grant the debtor a discharge under striking ‘‘Sixth’’ and inserting ‘‘Seventh’’; gation for amounts payable before the date the and paragraph (1) until after the debtor certifies petition was filed, and owed directly to the (9) by inserting before paragraph (2), as re- that— spouse, former spouse, or child of the debtor, or designated, the following: ‘‘(A) all amounts payable under that order or the parent or guardian of such child;’’; ‘‘(1) First, allowed unsecured claims for do- statute that initially became payable after the (3) in paragraph (17), by striking ‘‘or’’ at the mestic support obligations to be paid in the date on which the petition was filed (through end; following order on the condition that funds the date of the certification) have been paid; (4) in paragraph (18), by striking the period at received under this paragraph by a govern- and the end and inserting ‘‘; or’’; and mental unit in a case under this title be ap- ‘‘(B) all amounts payable under that order (5) by inserting after paragraph (18) the fol- plied and distributed in accordance with appli- that, as of the date of the certification, are owed lowing: cable nonbankruptcy law: directly to a spouse, former spouse, or child of ‘‘(19) under subsection (a) with respect to— ‘‘(A) Claims that, as of the date of entry of the debtor, or the parent or legal guardian of ‘‘(A) the withholding, suspension, or re- the order for relief, are owed directly to a such child, have been paid, unless the holder of striction of drivers’ licenses, professional spouse, former spouse, or child of the debtor, such claim agrees to a different treatment of and occupational licenses, and recreational or the parent or legal guardian of such child, such claim.’’; licenses under State law, as specified in sec- without regard to whether the claim is filed ø(2)¿ (4) in section 1325(a)— tion 466(a)(16) of the Social Security Act (42 by the spouse, former spouse, child, or øpar- (A) in paragraph (5), by striking ‘‘and’’ at U.S.C. 666(a)(16)) øor with respect¿; ent¿ such child’s parent or legal guardian, or is the end; ‘‘(B) øto¿ the reporting of overdue support filed by a governmental unit on behalf of (B) in paragraph (6), by striking the period owed by an absent parent to any consumer that person. at the end and inserting ‘‘; and’’; and reporting agency as specified in section ‘‘(B) Claims that, as of the date of entry of (C) by adding at the end the following: 466(a)(7) of the Social Security Act (42 U.S.C. the order for relief, are assigned by a spouse, ‘‘(7) if the debtor is required by a judicial 666(a)(7)); former spouse, child of the debtor, or the or administrative order or statute to pay a ‘‘ø(B)¿ (C) the interception of tax refunds, parent or legal guardian of that child to a domestic support obligation, øthe debtor has as specified in sections 464 and 466(a)(3) of governmental unit or are owed directly to a paid¿ the plan provides for full payment of all the Social Security Act (42 U.S.C. 664 and governmental unit under applicable non- amounts payable under such order for such 666(a)(3)), if such tax refund is payable directly bankruptcy law.’’. obligation that become payable after the to a spouse, former spouse, or child of the debt- SEC. ø212.¿ 213. REQUIREMENTS TO OBTAIN CON- date on which the petition is filed.’’; and or, or the parent or legal guardian of such FIRMATION AND DISCHARGE IN ø(3)¿ (5) in section 1328(a), in the matter child; or CASES INVOLVING DOMESTIC SUP- preceding paragraph (1), by inserting ‘‘, and ‘‘ø(C)¿ (D) the enforcement of medical obliga- PORT OBLIGATIONS. with respect to a debtor who is required by a tions as specified under title IV of the Social Se- Title 11, United States Code, is amended— judicial or administrative order to pay a do- curity Act (42 U.S.C. 601 et seq.).’’. October 5, 1999 CONGRESSIONAL RECORD — SENATE S12015 SEC. ø214.¿ 215. NONDISCHARGEABILITY OF CER- ø‘‘(D) not assigned to a nongovernmental tion with a request made under subpara- TAIN DEBTS FOR ALIMONY, MAINTE- entity, unless that obligation is assigned vol- graph (A) shall not be liable to the debtor or NANCE, AND SUPPORT. untarily by the spouse, former spouse, child, any other person by reason of making that Section 523 of title 11, United States Code, or parent solely for the purpose of collecting disclosure.’’. is amended— the debt.’’.¿ (b) DUTIES OF TRUSTEE UNDER CHAPTER 11.— (1) in subsection (a), by striking para- ø SEC. 218. DISPOSABLE INCOME DEFINED. Section 1106 of title 11, United States Code, is graph (5) and inserting the following: (a) CONFIRMATION OF PLAN UNDER CHAPTER amended— ‘‘(5) for a domestic support obligation;’’; ø ¿ 12.—Section 1225(b)(2)(A) of title 11, United (1) in subsection (b)— (1) in subsection (a)— (A) in paragraph (5), by striking ‘‘and’’ at the States Code, is amended by inserting ‘‘for a (A) by striking paragraph (5) and inserting end; the following: child support, foster care, or disability payment (B) in paragraph (6), by striking the period ‘‘(5) for a domestic support obligation;’’; for a dependent child made in accordance with and inserting ‘‘; and’’; and (B) in paragraph (15)— applicable nonbankruptcy law’’ after ‘‘depend- (C) by adding at the end the following: (i) by inserting ‘‘or’’ after ‘‘court of record’’; ent of the debtor’’. ‘‘(7) if, with respect to an individual debtor, and (b) CONFIRMATION OF PLAN UNDER CHAPTER there is a claim for support of a child of the (ii) by striking ‘‘unless—’’ and all that follows 13.—Section 1325(b)(2)(A) of title 11, United debtor or a custodial parent or legal guardian of through the end of the paragraph and inserting States Code, is amended by inserting ‘‘or for a such child entitled to receive priority under sec- a semicolon; and child support, foster care, or disability payment tion 507(a)(1), provide the applicable notifica- (2) in subsection (c), by striking ‘‘(6), or for a dependent child made in accordance with tion specified in subsection (c).’’; and (15)’’ and inserting ‘‘or (6)’’ø; and¿. applicable nonbankruptcy law’’ after ‘‘depend- (2) by adding at the end the following: ø(3) in paragraph (15), by striking ‘‘govern- ent of the debtor’’. ‘‘(c)(1) In any case described in subsection mental unit’’ and all through the end of the SEC. 219. COLLECTION OF CHILD SUPPORT. (b)(7), the trustee shall— paragraph and inserting a semicolon.¿ (a) DUTIES OF TRUSTEE UNDER CHAPTER 7.— ‘‘(A)(i) notify in writing the holder of the SEC. ø215.¿ 216. CONTINUED LIABILITY OF PROP- Section 704 of title 11, United States Code, as claim of the right of that holder to use the serv- ERTY. amended by section 102(b) of this Act, is ices of a State child support enforcement agency Section 522 of title 11, United States Code, amended— established under sections 464 and 466 of the So- is amended— (1) in subsection (a)— cial Security Act (42 U.S.C. 664 and 666) for the (1) in subsection (c), by striking paragraph (A) in paragraph (8), by striking ‘‘and’’ at State in which the holder resides; and (1) and inserting the following: the end; ‘‘(ii) include in the notice under this para- ‘‘(1) a debt of a kind specified in paragraph (B) in paragraph (9), by striking the period graph the address and telephone number of the (1) or (5) of section 523(a) (in which case, not- and inserting ‘‘; and’’; and child support enforcement agency; and withstanding any provision of applicable (C) by adding at the end the following: ‘‘(B)(i) notify, in writing, the State child sup- nonbankruptcy law to the contrary, such ‘‘(10) if, with respect to an individual debt- port agency (of the State in which the holder of property shall be liable for a debt of a kind or, there is a claim for support of a child of the claim resides) of the claim; ‘‘(ii) include in the notice under this para- specified in section 523(a)(5));’’; and the debtor or a custodial parent or legal graph the name, address, and telephone number (2) in subsection (f)(1)(A), by striking the guardian of such child entitled to receive pri- of the holder of the claim; and dash and all that follows through the end of ority under section 507(a)(1), provide the ap- ‘‘(iii) at such time as the debtor is granted a the subparagraph and inserting ‘‘of a kind plicable notification specified in subsection discharge under section 1141, notify the holder that is specified in section 523(a)(5); or’’. (c).’’; and of the claim and the State child support agency SEC. ø216.¿ 217. PROTECTION OF DOMESTIC SUP- (2) by adding at the end the following: of the State in which that holder resides of— PORT CLAIMS AGAINST PREF- ‘‘(c)(1) In any case described in subsection ‘‘(I) the granting of the discharge; ERENTIAL TRANSFER MOTIONS. (a)(10), the trustee shall— ‘‘(II) the last recent known address of the Section 547(c)(7) of title 11, United States ‘‘(A)(i) notify in writing the holder of the debtor; and Code, is amended to read as follows: claim of the right of that holder to use the ‘‘(III) with respect to the debtor’s case, the ‘‘(7) to the extent such transfer was a bona services of a State child support enforcement name of each creditor that holds a claim that— fide payment of a debt for a domestic sup- agency established under sections 464 and 466 ‘‘(aa) is not discharged under paragraph (2), port obligation; or’’. of the Social Security Act (42 U.S.C. ø654¿ 664 (4), or (14A) of section 523(a); or øSEC. 217. AMENDMENT TO SECTION 1325 OF and 666, respectively) for the State in which ‘‘(bb) was reaffirmed by the debtor under sec- TITLE 11, UNITED STATES CODE. the holder resides for assistance in collecting tion 524(c). øSection 1325(b)(2) of title 11, United States child support during and after the bankruptcy ‘‘(2)(A) If, after receiving a notice under para- Code, is amended by inserting ‘‘(other than procedures; øand¿ graph (1)(B)(iii), a holder of a claim or a State child support payments, foster care pay- ‘‘(ii) include in the notice under this para- child support agency is unable to locate the ments, or disability payments for a depend- graph the address and telephone number of debtor that is the subject of the notice, that ent child made in accordance with applicable the child support enforcement agency; and party may request from a creditor described in nonbankruptcy law and which is reasonably ‘‘(iii) include in the notice an explanation of paragraph (1)(B)(iii)(III) (aa) or (bb) the last necessary to be expended)’’ after ‘‘received the rights of the holder of the claim to payment known address of the debtor. by the debtor’’. of the claim under this chapter; and ‘‘(B) Notwithstanding any other provision of øSEC. 218. DEFINITION OF DOMESTIC SUPPORT ‘‘(B)(i) notify in writing the State child law, a creditor that makes a disclosure of a last OBLIGATION. support agency of the State in which the known address of a debtor in connection with a øSection 101 of title 11, United States Code, holder of the claim resides of the claim; request made under subparagraph (A) shall not is amended— ‘‘(ii) include in the notice under this para- be liable to the debtor or any other person by ø(1) by striking paragraph (12A); and graph the name, address, and telephone num- reason of making that disclosure.’’. ø(2) by inserting after paragraph (14) the ber of the holder of the claim; and (c) DUTIES OF TRUSTEE UNDER CHAPTER 12.— following: ‘‘(iii) at such time as the debtor is granted Section 1202 of title 11, United States Code, is ø‘‘(14A) ‘domestic support obligation’ a discharge under section 727, notify the amended— means a debt that accrues before or after the holder of that claim and the State child sup- (1) in subsection (b)— entry of an order for relief under this title port agency of the State in which that hold- (A) in paragraph (4), by striking ‘‘and’’ at the that is— er resides of— end; (B) in paragraph (5), by striking the period ø‘‘(A) owed to or recoverable by— ‘‘(I) the granting of the discharge; and inserting ‘‘; and’’; and ‘‘(i) a spouse, former spouse, or child of ø ‘‘(II) the last recent known address of the (C) by adding at the end the following: the debtor or that child’s legal guardian; or debtor; and ‘‘(6) if, with respect to an individual debtor, ø‘‘(ii) a governmental unit; ‘‘(III) with respect to the debtor’s case, the there is a claim for support of a child of the ø‘‘(B) in the nature of alimony, mainte- name of each creditor that holds a claim debtor or a custodial parent or legal guardian of nance, or support (including assistance pro- that— such child entitled to receive priority under sec- vided by a governmental unit) of such ‘‘(aa) øthat¿ is not discharged under para- tion 507(a)(1), provide the applicable notifica- spouse, former spouse, or child, without re- graph (2), (4), or (14A) of section 523(a); or tion specified in subsection (c).’’; and gard to whether such debt is expressly so ‘‘(bb) øthat¿ was reaffirmed by the debtor (2) by adding at the end the following: designated; under section 524(c). ‘‘(c)(1) In any case described in subsection ø‘‘(C) established or subject to establish- ‘‘(2)(A) If, after receiving a notice under (b)(6), the trustee shall— ment before or after entry of an order for re- paragraph (1)(B)(iii), a holder of a claim or a ‘‘(A)(i) notify in writing the holder of the lief under this title, by reason of applicable State child support agency is unable to lo- claim of the right of that holder to use the serv- provisions of— cate the debtor that is the subject of the no- ices of a State child support enforcement agency ø‘‘(i) a separation agreement, divorce de- tice, that party may request from a creditor established under sections 464 and 466 of the So- cree, or property settlement agreement; described in paragraph (1)(B)(iii)(III) (aa) or cial Security Act (42 U.S.C. 664 and 666) for the ø‘‘(ii) an order of a court of record; or (bb) the last known address of the debtor. State in which the holder resides; and ø‘‘(iii) a determination made in accordance ‘‘(B) Notwithstanding any other provision ‘‘(ii) include in the notice under this para- with applicable nonbankruptcy law by a gov- of law, a creditor that makes a disclosure of graph the address and telephone number of the ernmental unit; and a last known address of a debtor in connec- child support enforcement agency; and S12016 CONGRESSIONAL RECORD — SENATE October 5, 1999 ‘‘(B)(i) notify, in writing, the State child sup- tice, that party may request from a creditor documents filed to commence the case, and port agency (of the State in which the holder of described in paragraph (1)(B)(iii)(III) (aa) or the replacement value of each asset, as de- the claim resides) of the claim; (bb) the last known address of the debtor. fined in section 506, shall be stated in those ‘‘(ii) include in the notice under this para- ‘‘(B) Notwithstanding any other provision documents if requested after reasonable in- graph the name, address, and telephone number of law, a creditor that makes a disclosure of quiry to establish such value; of the holder of the claim; and a last known address of a debtor in connec- ø‘‘(C) total current monthly income, pro- ‘‘(iii) at such time as the debtor is granted a tion with a request made under subpara- jected monthly net income and, in a case discharge under section 1228, notify the holder graph (A) shall not be liable to the debtor or under chapter 13, monthly net income shall of the claim and the State child support agency any other person by reason of making that be stated after reasonable inquiry; and of the State in which that holder resides of— disclosure.’’. ø‘‘(D) information an assisted person pro- ‘‘(I) the granting of the discharge; Subtitle C—Other Consumer Protections vides during the case of that person may be ‘‘(II) the last recent known address of the øSEC. 221. DEFINITIONS. audited under this title and the failure to debtor; and ø(a) DEFINITIONS.—Section 101 of title 11, provide such information may result in dis- ‘‘(III) with respect to the debtor’s case, the United States Code, is amended— missal of the proceeding under this title or name of each creditor that holds a claim that— ø(1) by inserting after paragraph (3) the fol- other sanction including, in some instances, ‘‘(aa) is not discharged under paragraph (2), lowing: criminal sanctions. (4), or (14A) of section 523(a); or ‘‘(3A) ‘assisted person’ means any person ø‘‘(b) A debt relief agency providing bank- ‘‘(bb) was reaffirmed by the debtor under sec- ø whose debts consist primarily of consumer ruptcy assistance to an assisted person shall tion 524(c). provide each assisted person at the same ‘‘(2)(A) If, after receiving a notice under para- debts and whose nonexempt assets are less than $150,000;’’; time as the notices required under sub- graph (1)(B)(iii), a holder of a claim or a State section (a)(1) with the following statement, child support agency is unable to locate the ø(2) by inserting after paragraph (4) the fol- lowing: to the extent applicable, or a substantially debtor that is the subject of the notice, that similar statement. The statement shall be party may request from a creditor described in ø‘‘(4A) ‘bankruptcy assistance’ means any goods or services sold or otherwise provided clear and conspicuous and shall be in a single paragraph (1)(B)(iii)(III) (aa) or (bb) the last document separate from other documents or known address of the debtor. to an assisted person with the express or im- plied purpose of providing information, ad- notices provided to the assisted person: ‘‘(B) Notwithstanding any other provision of ‘‘ ‘IMPORTANT INFORMATION ABOUT vice, counsel, document preparation or fil- ø law, a creditor that makes a disclosure of a last BANKRUPTCY ASSISTANCE SERVICES ing, or attendance at a creditors’ meeting or known address of a debtor in connection with a FROM AN ATTORNEY OR BANKRUPTCY appearing in a proceeding on behalf of an- request made under subparagraph (A) shall not PETITION PREPARER other or providing legal representation with be liable to the debtor or any other person by ø‘‘ ‘If you decide to seek bankruptcy relief, reason of making that disclosure.’’. respect to a proceeding under this title;’’; you can represent yourself, you can hire an ø(b)¿ (d) DUTIES OF TRUSTEE UNDER CHAP- and attorney to represent you, or you can get TER 13.—Section 1302 of title 11, United ø(3) by inserting after paragraph (12A) the help in some localities from a bankruptcy States Code, øas amended by section 102(b) of following: petition preparer who is not an attorney. this Act,¿ is amended— ø‘‘(12B) ‘debt relief agency’ means any per- THE LAW REQUIRES AN ATTORNEY OR (1) in subsection (b)— son who provides any bankruptcy assistance BANKRUPTCY PETITION PREPARER TO (A) in paragraph (4), by striking ‘‘and’’ at to an assisted person in return for the pay- GIVE YOU A WRITTEN CONTRACT SPECI- the end; ment of money or other valuable consider- FYING WHAT THE ATTORNEY OR BANK- (B) in paragraph (5), by striking the period ation, or who is a bankruptcy petition pre- RUPTCY PETITION PREPARER WILL DO and inserting ‘‘; and’’; and parer under section 110, but does not include FOR YOU AND HOW MUCH IT WILL COST. (C) by adding at the end the following: any person that is any of the following or an Ask to see the contract before you hire any- ‘‘(6) if, with respect to an individual debt- officer, director, employee, or agent one. or, there is a claim for support of a child of thereof— ø‘‘ ‘The following information helps you the debtor or a custodial parent or legal ø‘‘(A) any nonprofit organization which is understand what must be done in a routine guardian of such child entitled to receive pri- exempt from taxation under section 501(c)(3) bankruptcy case to help you evaluate how ority under section 507(a)(1), provide the ap- of the Internal Revenue Code of 1986; much service you need. Although bank- plicable notification specified in subsection ø‘‘(B) any creditor of the person to the ex- ruptcy can be complex, many cases are rou- (d).’’; and tent the creditor is assisting the person to tine. ø(s)¿ (2) by adding at the end the following: restructure any debt owed by the person to ø‘‘ ‘Before filing a bankruptcy case, either ‘‘(d)(1) In any case described in subsection the creditor; or you or your attorney should analyze your (b)(6), the trustee shall— ø‘‘(C) any depository institution (as de- eligibility for different forms of debt relief ‘‘(A)(i) notify in writing the holder of the fined in section 3 of the Federal Deposit In- made available by the Bankruptcy Code and claim of the right of that holder to use the surance Act (12 U.S.C. 1813)) or any Federal which form of relief is most likely to be ben- services of a State child support enforcement credit union or State credit union (as those eficial for you. Be sure you understand the agency established under sections 464 and 466 terms are defined in section 101 of the Fed- relief you can obtain and its limitations. To of the Social Security Act (42 U.S.C. 664 and eral Credit Union Act (12 U.S.C. 1751)), or any file a bankruptcy case, documents called a 666, respectively) for the State in which the affiliate or subsidiary of such a depository Petition, Schedules and Statement of Finan- holder resides; and institution or credit union;’’. cial Affairs, as well as in some cases a State- ‘‘(ii) include in the notice under this para- ø(b) CONFORMING AMENDMENT.—Section ment of Intention need to be prepared cor- graph the address and telephone number of 104(b)(1) of title 11, United States Code, is rectly and filed with the bankruptcy court. the child support enforcement agency; and amended by inserting ‘‘101(3),’’ after ‘‘sec- You will have to pay a filing fee to the bank- ‘‘(B)(i) notify in writing the State child tions’’. ruptcy court. Once your case starts, you will support agency of the State in which the øSEC. 222. DISCLOSURES. have to attend the required first meeting of holder of the claim resides of the claim; ø(a) DISCLOSURES.—Subchapter II of chap- creditors where you may be questioned by a court official called a ‘‘trustee’’ and by øand¿ ter 5 of title 11, United States Code, is ‘‘(ii) include in the notice under this para- amended by adding at the end the following: creditors. ø‘‘ ‘If you choose to file a chapter 7 case, graph the name, address, and telephone num- ø‘‘§ 526. Disclosures you may be asked by a creditor to reaffirm ber of the holder of the claim; ‘‘(a) A debt relief agency providing bank- and ø a debt. You may want help deciding whether ruptcy assistance to an assisted person shall ‘‘(iii) at such time as the debtor is granted to do so and a creditor is not permitted to provide the following notices to the assisted a discharge under section 1328, notify the coerce you into reaffirming your debts. holder of the claim and the State child sup- person: ø‘‘ ‘If you choose to file a chapter 13 case in port agency of the State in which that hold- ø‘‘(1) The written notice required under which you repay your creditors what you can er resides of— section 342(b)(1). afford over 3 to 5 years, you may also want ‘‘(I) the granting of the discharge; ø‘‘(2) To the extent not covered in the writ- help with preparing your chapter 13 plan and ‘‘(II) the last recent known address of the ten notice described in paragraph (1) and not with the confirmation hearing on your plan debtor; and later than 3 business days after the first date which will be before a bankruptcy judge. ‘‘(III) with respect to the debtor’s case, the on which a debt relief agency first offers to ø‘‘ ‘If you select another type of relief name of each creditor that holds a claim provide any bankruptcy assistance services under the Bankruptcy Code other than chap- that— to an assisted person, a clear and con- ter 7 or chapter 13, you will want to find out ‘‘(aa) øthat¿ is not discharged under para- spicuous written notice advising assisted what needs to be done from someone familiar graph (2), (4), or (14A) of section 523(a); or persons that— with that type of relief. ‘‘(bb) øthat¿ was reaffirmed by the debtor ø‘‘(A) all information the assisted person is ø‘‘ ‘Your bankruptcy case may also involve under section 524(c). required to provide with a petition and litigation. You are generally permitted to ‘‘(2)(A) If, after receiving a notice under thereafter during a case under this title shall represent yourself in litigation in bank- paragraph (1)(B)(iii), a holder of a claim or a be complete, accurate, and truthful; ruptcy court, but only attorneys, not bank- State child support agency is unable to lo- ø‘‘(B) all assets and all liabilities shall be ruptcy petition preparers, can give you legal cate the debtor that is the subject of the no- completely and accurately disclosed in the advice.’. October 5, 1999 CONGRESSIONAL RECORD — SENATE S12017 ø‘‘(c) Except to the extent the debt relief under this title, using the following state- ure to file bankruptcy papers, including pa- agency provides the required information ment: ‘We are a debt relief agency. We help pers specified in section 521; or itself after reasonably diligent inquiry of the people file bankruptcy petitions to obtain re- ø‘‘(C) negligently or intentionally dis- assisted person or others so as to obtain such lief under the Bankruptcy Code.’ or a sub- regarded the material requirements of this information reasonably accurately for inclu- stantially similar statement. title or the Federal Rules of Bankruptcy sion on the petition, schedules or statement ø‘‘(2) For purposes of paragraph (1)(B), an Procedure applicable to such debt relief of financial affairs, a debt relief agency pro- advertisement shall be of bankruptcy assist- agency shall be liable to the assisted person viding bankruptcy assistance to an assisted ance services if that advertisement describes in the amount of any fees and charges in person, to the extent permitted by nonbank- or offers bankruptcy assistance with a plan connection with providing bankruptcy as- ruptcy law, shall provide each assisted per- under chapter 12, without regard to whether sistance to such person that the debt relief son at the time required for the notice re- chapter 13 is specifically mentioned. A state- agency has already been paid on account of quired under subsection (a)(1) reasonably suf- ment such as ‘federally supervised repay- that proceeding. ficient information (which may be provided ment plan’ or ‘Federal debt restructuring ø‘‘(3) In addition to such other remedies as orally or in a clear and conspicuous writing) help’ or any other similar statement that are provided under State law, whenever the to the assisted person on how to provide all would lead a reasonable consumer to believe chief law enforcement officer of a State, or the information the assisted person is re- that help with debts is being offered when in an official or agency designated by a State, quired to provide under this title pursuant to fact in most cases the help available is bank- has reason to believe that any person has section 521, including— ruptcy assistance with a plan under chapter violated or is violating section 526 or 527, the ø‘‘(1) how to value assets at replacement 13 is a statement covered under the pre- State— value, determine total current monthly in- ceding sentence. ø‘‘(A) may bring an action to enjoin such come, projected monthly income and, in a ø‘‘(b) A debt relief agency shall not— violation; case under chapter 13, net monthly income, ø‘‘(1) fail to perform any service that the ø‘‘(B) may bring an action on behalf of its and related calculations; debt relief agency has told the assisted per- residents to recover the actual damages of ø‘‘(2) how to complete the list of creditors, son or prospective assisted person the agency assisted persons arising from such violation, including how to determine what amount is would provide that person in connection including any liability under paragraph (2); owed and what address for the creditor with the preparation for or activities during and should be shown; and a proceeding under this title; ø‘‘(C) in the case of any successful action ø‘‘(3) how to— ø‘‘(2) make any statement, or counsel or under subparagraph (A) or (B), shall be ø‘‘(A) determine what property is exempt; advise any assisted person to make any awarded the costs of the action and reason- and statement in any document filed in a pro- able attorney fees as determined by the ø‘‘(B) value exempt property at replace- ceeding under this title, that— court. ment value, as defined in section 506. ø‘‘(A) is untrue and misleading; or ø‘‘(4) The United States District Court for ø‘‘(d) A debt relief agency shall maintain a ø‘‘(B) upon the exercise of reasonable care, any district located in the State shall have copy of the notices required under subsection should be known by the debt relief agency to concurrent jurisdiction of any action under (a) of this section for a period of 2 years after be untrue or misleading; subparagraph (A) or (B) of paragraph (3). the latest date on which the notice is given ø‘‘(3) misrepresent to any assisted person ø‘‘(5) Notwithstanding any other provision the assisted person.’’. or prospective assisted person, directly or in- of Federal law, if the court, on its own mo- ø(b) CONFORMING AMENDMENT.—The table directly, affirmatively or by material omis- tion or on the motion of the United States of sections for chapter 5 of title 11, United sion, what services the debt relief agency trustee, finds that a person intentionally States Code, is amended by inserting after may reasonably expect to provide that per- violated section 526 or 527, or engaged in a the item relating to section 525 the fol- son, or the benefits an assisted person may clear and consistent pattern or practice of lowing: obtain or the difficulties the person may ex- violating section 526 or 527, the court may— ø‘‘526. Disclosures.’’. perience if the person seeks relief in a pro- ø‘‘(A) enjoin the violation of such section; øSEC. 223. DEBTOR’S BILL OF RIGHTS. ceeding under this title; or or ø(a) DEBTOR’S BILL OF RIGHTS.—Subchapter ø‘‘(4) advise an assisted person or prospec- ø‘‘(B) impose an appropriate civil penalty II of chapter 5 of title 11, United States Code, tive assisted person to incur more debt in against such person. as amended by section 222 of this Act, is contemplation of that person filing a pro- ø‘‘(c) This section and sections 526 and 527 amended by adding at the end the following: ceeding under this title or in order to pay an shall not annul, alter, affect, or exempt any ø‘‘§ 527. Debtor’s bill of rights attorney or bankruptcy petition preparer fee person subject to those sections from com- or charge for services performed as part of ø‘‘(a)(1) A debt relief agency shall— plying with any law of any State except to preparing for or representing a debtor in a ø‘‘(A) not later than 5 business days after the extent that such law is inconsistent with the first date on which a debt relief agency proceeding under this title.’’. those sections, and then only to the extent of (b) CONFORMING AMENDMENT.—The table provides any bankruptcy assistance services ø the inconsistency.’’. of sections for chapter 5 of title 11, United to an assisted person, but before that as- ø(b) CONFORMING AMENDMENT.—The table States Code, as amended by section 222 of sisted person’s petition under this title is of sections for chapter 5 of title 11, United this Act, is amended by inserting after the filed— States Code, as amended by section 223 of item relating to section 526 of title 11, ø‘‘(i) execute a written contract with the this Act, is amended by inserting after the United States Code, the following: assisted person specifying clearly and con- item relating to section 527 of title 11, spicuously the services the agency will pro- ø[‘‘527. Debtor’s bill of rights.’’. United States Code, the following: vide the assisted person and the basis on ø[SEC. 224. ENFORCEMENT. ø‘‘528. Debt relief agency enforcement.’’.¿ which fees or charges will be made for such ø(a) ENFORCEMENT.—Subchapter II of chap- SEC. 221. AMENDMENTS TO DISCOURAGE ABU- services and the terms of payment; and ter 5 of title 11, United States Code, as SIVE BANKRUPTCY FILINGS. ø‘‘(ii) give the assisted person a copy of the amended by section 223 of this Act, is amend- Section 110 of title 11, United States Code, is fully executed and completed contract in a ed by adding at the end the following: amended— form the person is able to retain; ø‘‘§ 528. Debt relief agency enforcement (1) in subsection (a)(1), by inserting ‘‘, under ø‘‘(B) disclose in any advertisement of ø‘‘(a) Any waiver by any assisted person of the direct supervision of an attorney,’’ after bankruptcy assistance services or of the ben- any protection or right provided by or under ‘‘who’’; efits of bankruptcy directed to the general section 526 or 527 shall be void and may not (2) in subsection (b)— public (whether in general media, seminars be enforced by any Federal or State court or (A) in paragraph (1), by adding at the end the or specific mailings, telephonic or electronic any other person. following: ‘‘If a bankruptcy petition preparer is messages, or otherwise) that the services or ø‘‘(b)(1) Any contract between a debt relief not an individual, then an officer, principal, re- benefits are with respect to proceedings agency and an assisted person for bank- sponsible person, or partner of the preparer under this title, clearly and conspicuously ruptcy assistance that does not comply with shall be required to— using the statement: ‘We are a debt relief the material requirements of section 526 or ‘‘(A) sign the document for filing; and agency. We help people file bankruptcy peti- 527 shall be treated as void and may not be ‘‘(B) print on the document the name and ad- tions to obtain relief under the Bankruptcy enforced by any Federal or State court or by dress of that officer, principal, responsible per- Code.’ or a substantially similar statement; any other person. son or partner.’’; and ø‘‘(2) Any debt relief agency that has been (B) by striking paragraph (2) and inserting ø‘‘(C) if an advertisement directed to the found, after notice and hearing, to have— the following: general public indicates that the debt relief ø‘‘(A) negligently failed to comply with ‘‘(2)(A) Before preparing any document for fil- agency provides assistance with respect to any provision of section 526 or 527 with re- ing or accepting any fees from a debtor, the credit defaults, mortgage foreclosures, lease spect to a bankruptcy case or related pro- bankruptcy petition preparer shall provide to eviction proceedings, excessive debt, debt ceeding of an assisted person; the debtor a written notice to debtors concerning collection pressure, or inability to pay any ø‘‘(B) provided bankruptcy assistance to an bankruptcy petition preparers, which shall be consumer debt, disclose conspicuously in assisted person in a case or related pro- on an official form issued by the Judicial Con- that advertisement that the assistance is ceeding which is dismissed or converted be- ference of the United States. with respect to or may involve proceedings cause the debt relief agency’s negligent fail- ‘‘(B) The notice under subparagraph (A)— S12018 CONGRESSIONAL RECORD — SENATE October 5, 1999 ‘‘(i) shall inform the debtor in simple language (ii) by inserting ‘‘by the bankruptcy petition ‘‘(3) The debtor, the trustee, a creditor, or the that a bankruptcy petition preparer is not an preparer shall be filed together with the peti- United States trustee may file a motion for an attorney and may not practice law or give legal tion,’’ after ‘‘perjury’’; and order imposing a fine on the bankruptcy peti- advice; (iii) by adding at the end the following: ‘‘If tion preparer for each violation of this section. ‘‘(ii) may contain a description of examples of rules or guidelines setting a maximum fee for ‘‘(4) All fines imposed under this section shall legal advice that a bankruptcy petition preparer services have been promulgated or prescribed be paid to the United States trustee, who shall is not authorized to give, in addition to any ad- under paragraph (1), the declaration under this deposit an amount equal to such fines in a spe- vice that the preparer may not give by reason of paragraph shall include a certification that the cial account of the United States Trustee System subsection (e)(2); and bankruptcy petition preparer complied with the Fund referred to in section 586(e)(2) of title 28. ‘‘(iii) shall— notification requirement under paragraph (1).’’; Amounts deposited under this paragraph shall ‘‘(I) be signed by— (D) by striking paragraph (3), as redesignated be available to fund the enforcement of this sec- ‘‘(aa) the debtor; and by subparagraph (A) of this paragraph, and in- tion on a national basis.’’. ‘‘(bb) the bankruptcy petition preparer, under serting the following: SEC. ø225.¿ 222. SENSE OF CONGRESS. penalty of perjury; and ‘‘(3)(A) The court shall disallow and order the It is the sense of Congress that States ‘‘(II) be filed with any document for filing.’’; immediate turnover to the bankruptcy trustee should develop curricula relating to the sub- (3) in subsection (c)— any fee referred to in paragraph (2) found to be (A) in paragraph (2)— ject of personal finance, designed for use in in excess of the value of any services— (i) by striking ‘‘(2) For purposes’’ and insert- elementary and secondary schools. ‘‘(i) rendered by the preparer during the 12- ing ‘‘(2)(A) Subject to subparagraph (B), for SEC. ø226.¿ 223. ADDITIONAL AMENDMENTS TO month period immediately preceding the date of purposes’’; and TITLE 11, UNITED STATES CODE. filing of the petition; or (ii) by adding at the end the following: (a) IN GENERAL.—Section 507(a) of title 11, ‘‘(B) If a bankruptcy petition preparer is not ‘‘(ii) found to be in violation of any rule or United States Code, as amended by section an individual, the identifying number of the guideline promulgated or prescribed under para- ø211¿ 212 of this Act, is amended by inserting bankruptcy petition preparer shall be the Social graph (1). after paragraph (9) the following: ‘‘(B) All fees charged by a bankruptcy peti- Security account number of the officer, prin- ‘‘(10) Tenth, allowed claims for death or tion preparer may be forfeited in any case in cipal, responsible person, or partner of the pre- personal injuries resulting from the oper- which the bankruptcy petition preparer fails to parer.’’; and ation of a motor vehicle or vessel if such op- (B) by striking paragraph (3); comply with this subsection or subsection (b), eration was unlawful because the debtor was (4) in subsection (d)— (c), (d), (e), (f), or (g). intoxicated from using alcohol, a drug, or (A) by striking ‘‘(d)(1)’’ and inserting ‘‘(d)’’; ‘‘(C) An individual may exempt any funds re- another substance.’’. and covered under this paragraph under section (b) VESSELS.—Section 523(a)(9) of title 11, (B) by striking paragraph (2); 522(b).’’; and United States Code, is amended by inserting (5) in subsection (e)— (E) in paragraph (4), as redesignated by sub- ‘‘or vessel’’ after ‘‘vehicle’’. (A) by striking paragraph (2); and paragraph (A) of this paragraph, by striking SEC. 224. PROTECTION OF RETIREMENT SAVINGS (B) by adding at the end the following: ‘‘or the United States trustee’’ and inserting IN BANKRUPTCY. ‘‘(2)(A) A bankruptcy petition preparer may ‘‘the United States trustee, or the court, on the (a) IN GENERAL.—Section 522 of title 11, not offer a potential bankruptcy debtor any initiative of the court,’’; United States Code, as amended by section 215 legal advice, including any legal advice de- (9) in subsection (i)(1), by striking the matter of this Act, is amended— scribed in subparagraph (B). preceding subparagraph (A) and inserting the (1) in subsection (b)— ‘‘(B) The legal advice referred to in subpara- following: (A) in paragraph (2)— graph (A) includes advising the debtor— ‘‘(i) If a bankruptcy petition preparer violates (i) by striking ‘‘(2)(A) any property’’ and in- ‘‘(i) whether— this section or commits any act that the court serting: ‘‘(I) to file a petition under this title; or finds to be fraudulent, unfair, or deceptive, on ‘‘(3) Property listed in this paragraph is— ‘‘(II) commencing a case under chapter 7, 11, motion of the debtor, trustee, or United States ‘‘(A) any property’’; 12, or 13 is appropriate; trustee, and after the court holds a hearing with (ii) in subparagraph (A), by striking ‘‘and’’ at ‘‘(ii) whether the debtor’s debts will be elimi- respect to that violation or act, the court shall the end; nated or discharged in a case under this title; order the bankruptcy petition preparer to pay to (iii) in subparagraph (B), by striking the pe- ‘‘(iii) whether the debtor will be able to retain the debtor—’’; riod at the end and inserting ‘‘; and’’; and the debtor’s home, car, or other property after (10) in subsection (j)— (iv) by adding at the end the following: commencing a case under this title; (A) in paragraph (2)— ‘‘(C) retirement funds to the extent that those ‘‘(iv) concerning— (i) in subparagraph (A)(i)(I), by striking ‘‘a funds are in a fund or account that is exempt ‘‘(I) the tax consequences of a case brought violation of which subjects a person to criminal from taxation under section 401, 403, 408, 408A, under this title; or penalty’’; 414, 457, or 501(a) of the Internal Revenue Code ‘‘(II) the dischargeability of tax claims; (ii) in subparagraph (B)— of 1986.’’; ‘‘(v) whether the debtor may or should prom- (I) by striking ‘‘or has not paid a penalty’’ (B) by striking paragraph (1) and inserting: ‘‘(2) Property listed in this paragraph is prop- ise to repay debts to a creditor or enter into a re- and inserting ‘‘has not paid a penalty’’; and affirmation agreement with a creditor to reaf- (II) by inserting ‘‘or failed to disgorge all fees erty that is specified under subsection (d), un- firm a debt; ordered by the court’’ after ‘‘a penalty imposed less the State law that is applicable to the debt- ‘‘(vi) concerning how to characterize the na- under this section,’’; or under paragraph (3)(A) specifically does not ture of the debtor’s interests in property or the (B) by redesignating paragraph (3) as para- so authorize.’’; (C) in the matter preceding paragraph (2)— debtor’s debts; or graph (4); and ‘‘(vii) concerning bankruptcy procedures and (i) by striking ‘‘(b)’’ and inserting ‘‘(b)(1)’’; (C) by inserting after paragraph (2) the fol- rights.’’; (ii) by striking ‘‘paragraph (2)’’ both places it lowing: (6) in subsection (f)— appears and inserting ‘‘paragraph (3)’’; ‘‘(3) The court, as part of its contempt power, (A) by striking ‘‘(f)(1)’’ and inserting ‘‘(f)’’; (iii) by striking ‘‘paragraph (1)’’ each place it may enjoin a bankruptcy petition preparer that and appears and inserting ‘‘paragraph (2)’’; and (B) by striking paragraph (2); has failed to comply with a previous order (iv) by striking ‘‘Such property is—’’; and (7) in subsection (g)— issued under this section. The injunction under (D) by adding at the end of the subsection the (A) by striking ‘‘(g)(1)’’ and inserting ‘‘(g)’’; this paragraph may be issued upon motion of following: and the court, the trustee, or the United States trust- ‘‘(4) For purposes of paragraph (3)(C) and (B) by striking paragraph (2); ee.’’; and subsection (d)(12), the following shall apply: (8) in subsection (h)— (11) by adding at the end the following: ‘‘(A) If the retirement funds are in a retire- (A) by redesignating paragraphs (1) through ‘‘(l)(1) A bankruptcy petition preparer who ment fund that has received a favorable deter- (4) as paragraphs (2) through (5), respectively; fails to comply with any provision of subsection mination pursuant to section 7805 of the Inter- (B) by inserting before paragraph (2), as so re- (b), (c), (d), (e), (f), (g), or (h) may be fined not nal Revenue Code of 1986, and that determina- designated, the following: more than $500 for each such failure. tion is in effect as of the date of the commence- ‘‘(h)(1) The Supreme Court may promulgate ‘‘(2) The court shall triple the amount of a ment of the case under section 301, 302, or 303 of rules under section 2075 of title 28, or the Judi- fine assessed under paragraph (1) in any case in this title, those funds shall be presumed to be cial Conference of the United States may pre- which the court finds that a bankruptcy peti- exempt from the estate. scribe guidelines, for setting a maximum allow- tion preparer— ‘‘(B) If the retirement funds are in a retire- able fee chargeable by a bankruptcy petition ‘‘(A) advised the debtor to exclude assets or ment fund that has not received a favorable de- preparer. A bankruptcy petition preparer shall income that should have been included on appli- termination pursuant to such section 7805, those notify the debtor of any such maximum amount cable schedules; funds are exempt from the estate if the debtor before preparing any document for filing for a ‘‘(B) advised the debtor to use a false Social demonstrates that— debtor or accepting any fee from the debtor.’’; Security account number; ‘‘(i) no prior determination to the contrary (C) in paragraph (2), as redesignated by sub- ‘‘(C) failed to inform the debtor that the debt- has been made by a court or the Internal Rev- paragraph (A) of this paragraph— or was filing for relief under this title; or enue Service; and (i) by striking ‘‘Within 10 days after the date ‘‘(D) prepared a document for filing in a man- ‘‘(ii)(I) the retirement fund is in substantial of filing a petition, a bankruptcy petition pre- ner that failed to disclose the identity of the compliance with the applicable requirements of parer shall file a’’ and inserting ‘‘A’’; preparer. the Internal Revenue Code of 1986; or October 5, 1999 CONGRESSIONAL RECORD — SENATE S12019 ‘‘(II) the retirement fund fails to be in sub- 401, 403, 408, 408A, 414, 457, or 501(c) of the In- ‘‘(bb) provide adequate protection as or- stantial compliance with the applicable require- ternal Revenue Code of 1986, pursuant to— dered by the court; or ments of the Internal Revenue Code of 1986 and ‘‘(A) a loan permitted under section 408(b)(1) ‘‘(cc) perform the terms of a plan con- the debtor is not materially responsible for that of the Employee Retirement Income Security Act firmed by the court; or failure. of 1974, or subject to section 72(p) of the Inter- ‘‘(III) there has not been a substantial ‘‘(C) A direct transfer of retirement funds from nal Revenue Code of 1986; or change in the financial or personal affairs of 1 fund or account that is exempt from taxation ‘‘(B) a loan from the thrift savings plan de- the debtor since the dismissal of the next under section 401, 403, 408, 408A, 414, 457, or scribed in subchapter III of title 5, that satisfies most previous case under chapter 7, 11, or 13 501(a) of the Internal Revenue Code of 1986, the requirements of section 8433(g) of such title. øof this title¿, or any other reason to con- pursuant to section 401(a)(31) of the Internal Nothing in paragraph (19) may be construed to clude that the later case will be concluded— Revenue Code of 1986, or otherwise, shall not provide that any loan made under a govern- ‘‘(aa) if a case under chapter 7 øof this cease to qualify for exemption under paragraph mental plan under section 414(d), or a contract title¿, with a discharge; or (3)(C) or subsection (d)(12) by reason of that di- or account under section 403(b), of the Internal ‘‘(bb) if a case under chapter 11 or 13 øof rect transfer. Revenue Code of 1986 constitutes a claim or a this title¿, with a confirmed plan which will ‘‘(D)(i) Any distribution that qualifies as an debt under this title.’’ be fully performed; and eligible rollover distribution within the meaning (d) PLAN CONTENTS.—Section 1322 of title 11, ‘‘(ii) as to any creditor that commenced an of section 402(c) of the Internal Revenue Code of United States Code, is amended by adding at the action under subsection (d) in a previous 1986 or that is described in clause (ii) shall not end the following: case in which the individual was a debtor if, cease to qualify for exemption under paragraph ‘‘(f) A plan may not materially alter the terms as of the date of dismissal of such case, that (3)(C) or subsection (d)(12) by reason of that dis- of a loan described in section 362(b)(20).’’. action was still pending or had been resolved tribution. TITLE III—DISCOURAGING BANKRUPTCY by terminating, conditioning, or limiting the ‘‘(ii) A distribution described in this clause is ABUSE stay as to actions of such creditor; and an amount that— ‘‘(4)(A)(i) if a single or joint case is filed by ‘‘(I) has been distributed from a fund or ac- SEC. 301. REINFORCEMENT OF THE FRESH START. or against an individual debtor under this count that is exempt from taxation under sec- Section 523(a)(17) of title 11, United States title, and if 2 or more single or joint cases of tion 401, 403, 408, 408A, 414, 457, or 501(a) of the Code, is amended— the debtor were pending within the previous Internal Revenue Code of 1986; and year but were dismissed, other than a case ‘‘(II) to the extent allowed by law, is deposited (1) by striking ‘‘by a court’’ and inserting refiled under section 707(b), the stay under in such a fund or account not later than 60 days ‘‘on a prisoner by any court’’, subsection (a) shall not go into effect upon after the distribution of that amount.’’; and (2) by striking ‘‘section 1915(b) or (f)’’ and the filing of the later case; and (2) in subsection (d)— inserting ‘‘subsection (b) or (f)(2) of section (A) in the matter preceding paragraph (1), by 1915’’, and ‘‘(ii) on request of a party in interest, the striking ‘‘subsection (b)(1)’’ and inserting ‘‘sub- (3) by inserting ‘‘(or a similar non-Federal court shall promptly enter an order con- section (b)(2)’’; and law)’’ after ‘‘title 28’’ each place it appears. firming that no stay is in effect; (B) by adding at the end the following: SEC. 302. DISCOURAGING BAD FAITH REPEAT ‘‘(B) if, within 30 days after the filing of ‘‘(12) Retirement funds to the extent that FILINGS. the later case, a party in interest requests those funds are in a fund or account that is ex- Section 362(c) of title 11, United States the court may order the stay to take effect empt from taxation under section 401, 403, 408, Code, is amended— in the case as to any or all creditors (subject 408A, 414, 457, or 501(a) of the Internal Revenue (1) in paragraph (1), by striking ‘‘and’’ at to such conditions or limitations as the Code of 1986.’’. the end; court may impose), after notice and hearing, (b) AUTOMATIC STAY.—Section 362(b) of title (2) in paragraph (2), by striking the period only if the party in interest demonstrates 11, United States Code, as amended by section at the end and inserting a semicolon; and that the filing of the later case is in good 214 of this Act, is amended— (3) by adding at the end the following: faith as to the creditors to be stayed; (1) in paragraph (18), by striking ‘‘or’’ at the ‘‘(3) if a single or joint case is filed by or ‘‘(C) a stay imposed under subparagraph end; against an individual debtor under chapter 7, (B) shall be effective on the date of entry of (2) in paragraph (19), by striking the period 11, or 13, and if a single or joint case of the the order allowing the stay to go into effect; and inserting ‘‘; or’’; debtor was pending within the preceding 1- and (3) by inserting after paragraph (19) the fol- year period but was dismissed, other than a ‘‘(D) for purposes of subparagraph (B), a lowing: case refiled under a chapter other than chap- case is presumptively not filed in good faith ‘‘(20) under subsection (a), of withholding of ter 7 after dismissal under section 707(b)— (but such presumption may be rebutted by income from a debtor’s wages and collection of ‘‘(A) the stay under subsection (a) with re- clear and convincing evidence to the con- amounts withheld, pursuant to the debtor’s spect to any action taken with respect to a trary)— agreement authorizing that withholding and debt or property securing such debt or with ‘‘(i) as to all creditors if— collection for the benefit of a pension, profit- respect to any lease will terminate with re- ‘‘(I) 2 or more previous cases under this sharing, stock bonus, or other plan established spect to the debtor on the 30th day after the title in which the individual was a debtor under section 401, 403, 408, 408A, 414, 457, or filing of the later case; were pending within the 1-year period; 501(a) of the Internal Revenue Code of 1986 that ‘‘(B) upon motion by a party in interest for ‘‘(II) a previous case under this title in is sponsored by the employer of the debtor, or an continuation of the automatic stay and upon which the individual was a debtor was dis- affiliate, successor, or predecessor of such notice and a hearing, the court may extend missed within the time period stated in this employer— the stay in particular cases as to any or all paragraph after the debtor failed to file or ‘‘(A) to the extent that the amounts withheld creditors (subject to such conditions or limi- amend the petition or other documents as re- and collected are used solely for payments relat- tations as the court may then impose) after quired by this title or the court without sub- ing to a loan from a plan that satisfies the re- notice and a hearing completed before the stantial excuse (but mere inadvertence or quirements of section 408(b)(1) of the Employee expiration of the 30-day period only if the negligence shall not be substantial excuse Retirement Income Security Act of 1974 or is party in interest demonstrates that the fil- unless the dismissal was caused by the neg- subject to section 72(p) of the Internal Revenue ing of the later case is in good faith as to the ligence of the debtor’s attorney), failed to Code of 1986; or creditors to be stayed; and pay adequate protection as ordered by the ‘‘(B) in the case of a loan from a thrift sav- ‘‘(C) for purposes of subparagraph (B), a court, or failed to perform the terms of a ings plan described in subchapter III of title 5, case is presumptively filed not in good faith plan confirmed by the court; or that satisfies the requirements of section 8433(g) (but such presumption may be rebutted by ‘‘(III) there has not been a substantial of such title;’’; and change in the financial or personal affairs of (4) by adding at the end of the flush material clear and convincing evidence to the con- trary)— the debtor since the dismissal of the next at the end of the subsection, the following: most previous case under this title, or any ‘‘Nothing in paragraph (20) may be construed to ‘‘(i) as to all creditors, if— ‘‘(I) more than 1 previous case under any of other reason to conclude that the later case provide that any loan made under a govern- will not be concluded, if a case under chapter mental plan under section 414(d), or a contract chapter 7, 11, or 13 in which the individual was a debtor was pending within the pre- 7, with a discharge, and if a case under chap- or account under section 403(b), of the Internal ter 11 or 13, with a confirmed plan that will Revenue Code of 1986 constitutes a claim or a ceding 1-year period; ‘‘(II) a previous case under any of chapter be fully performed; or debt under this title.’’. ‘‘(ii) as to any creditor that commenced an (c) EXCEPTIONS TO DISCHARGE.—Section 7, 11, or 13 in which the individual was a action under subsection (d) in a previous 523(a) of title 11, United States Code, is debtor was dismissed within such 1-year pe- case in which the individual was a debtor if, amended— riod, after the debtor failed to— as of the date of dismissal of such case, such (1) by striking ‘‘or’’ at the end of paragraph ‘‘(aa) file or amend the petition or other action was still pending or had been resolved (17); documents as required by this title or the (2) by striking the period at the end of para- court without substantial excuse (but mere by terminating, conditioning, or limiting the graph (18) and inserting ‘‘; or’’; and inadvertence or negligence shall not be a stay as to action of such creditor.’’. (3) by adding at the end the following: substantial excuse unless the dismissal was SEC. 303. CURBING ABUSIVE FILINGS. ‘‘(19) owed to a pension, profit-sharing, stock caused by the negligence of the debtor’s at- (a) IN GENERAL.—Section 362(d) of title 11, bonus, or other plan established under section torney); United States Code, is amended— S12020 CONGRESSIONAL RECORD — SENATE October 5, 1999 (1) in paragraph (2), by striking ‘‘or’’ at the in the 45-day period specified in subsection ency, or existence of a proceeding under this end; (a)(6), the personal property affected shall no title or the insolvency of the debtor. Nothing (2) in paragraph (3), by striking the period longer be property of the estate, and the in this subsection shall be deemed to justify at the end and inserting ‘‘; or’’; and creditor may take whatever action as to limiting such a provision in any other cir- (3) by adding at the end the following: such property as is permitted by applicable cumstance.’’. ‘‘(4) with respect to a stay of an act against nonbankruptcy law, unless the court deter- SEC. 306. GIVING SECURED CREDITORS FAIR real property under subsection (a), by a cred- mines on the motion of the trustee, and after TREATMENT IN CHAPTER 13. itor whose claim is secured by an interest in notice and a hearing, that such property is of (a) IN GENERAL.—Section 1325(a)(5)(B)(i) of such real estate, if the court finds that the consequential value or benefit to the es- title 11, United States Code, is amended to filing of the bankruptcy petition was part of tate.’’; and read as follows: a scheme to delay, hinder, and defraud credi- (2) in section 722, by inserting ‘‘in full at ‘‘(i) the plan provides that— tors that involved either— the time of redemption’’ before the period at ‘‘(I) the holder of such claim retain the lien ‘‘(A) transfer of all or part ownership of, or the end. securing such claim until the earlier of— other interest in, the real property without SEC. 305. RELIEF FROM THE AUTOMATIC STAY ‘‘(aa) the payment of the underlying debt the consent of the secured creditor or court WHEN THE DEBTOR DOES NOT COM- determined under nonbankruptcy law; or approval; or PLETE INTENDED SURRENDER OF ‘‘(bb) discharge under section 1328; and CONSUMER DEBT COLLATERAL. ‘‘(B) multiple bankruptcy filings affecting ‘‘(II) if the case under this chapter is dis- Title 11, United States Code, is amended— the real property. missed or converted without completion of (1) in section 362— the plan, such lien shall also be retained by If recorded in compliance with applicable (A) in subsection (c), by striking ‘‘(e), and such holder to the extent recognized by ap- State laws governing notices of interests or (f)’’ and inserting ‘‘(e), (f), and (h)’’; and plicable nonbankruptcy law; and’’. liens in real property, an order entered under (B) by redesignating subsection (h), as (b) RESTORING THE FOUNDATION FOR SE- this subsection shall be binding in any other amended by section 227 of this Act, as sub- CURED CREDIT.—Section 1325(a) of title 11, case under this title purporting to affect the section (j) and by inserting after subsection United States Code, is amended by adding at real property filed not later than 2 years (g) the following: after that recording, except that a debtor in ‘‘(h)(1) Subject to paragraph (2), in an indi- the end the following flush sentence: a subsequent case may move for relief from vidual case under chapter 7, 11, or 13 the stay ‘‘For purposes of paragraph (5), section 506 such order based upon changed cir- provided by subsection (a) is terminated with shall not apply to a claim described in that cumstances or for good cause shown, after respect to property of the estate securing in paragraph if the debt that is the subject of notice and a hearing.’’. whole or in part a claim, or subject to an un- the claim was incurred within the 5-year pe- (b) AUTOMATIC STAY.—Section 362(b) of expired lease, if the debtor fails within the riod preceding the filing of the petition and title 11, United States Code, as amended by applicable period of time set by section the collateral for that debt consists of a section ø213¿ 224 of this Act, is amended— 521(a)(2) to— motor vehicle (as defined in section 30102 of (1) in paragraph (19), by striking ‘‘or’’ at ‘‘(A) file timely any statement of intention title 49) acquired for the personal use of the the end; required under section 521(a)(2) with respect debtor, or if collateral for that debt consists (2) in paragraph (20), by striking the period to that property or to indicate therein that of any other thing of value, if the debt was at the end; and the debtor— incurred during the 6-month period pre- (3) by inserting after paragraph (20) the fol- ‘‘(i) will either surrender the property or ceding that filing.’’. (c) DEFINITIONS.—Section 101 of title 11, lowing: retain the property; and United States Code, as amended by section ‘‘(21) under subsection (a), of any act to en- ‘‘(ii) if retaining the property, will, as 221 211 of this Act, is amended— force any lien against or security interest in applicable— ø ¿ (1) by inserting after paragraph (13) the fol- real property following the entry of an order ‘‘(I) redeem the property under section 722; lowing: under section 362(d)(4) as to that property in ‘‘(II) reaffirm the debt the property secures ‘‘(13A) ‘debtor’s principal residence’— any prior bankruptcy case for a period of 2 under section 524(c); or ‘‘(A) means a residential structure, includ- years after entry of such an order, except ‘‘(III) assume the unexpired lease under ing incidental property, without regard to that the debtor, in a subsequent case, may section 365(p) if the trustee does not do so; or whether that structure is attached to real move the court for relief from such order ‘‘(B) take timely the action specified in property; and based upon changed circumstances or for that statement of intention, as the state- ‘‘(B) includes an individual condominium other good cause shown, after notice and a ment may be amended before expiration of or cooperative unit;’’; and hearing; or the period for taking action, unless the (2) by inserting after paragraph (27), the ‘‘(22) under subsection (a), of any act to en- statement of intention specifies reaffirma- following: force any lien against or security interest in tion and the creditor refuses to reaffirm on ‘‘(27A) ‘incidental property’ means, with real property— the original contract terms. ‘‘(A) if the debtor is ineligible under sec- ‘‘(2) Paragraph (1) shall not apply if the respect to a debtor’s principal residence— tion 109(g) to be a debtor in a bankruptcy court determines on the motion of the trust- ‘‘(A) property commonly conveyed with a case; or ee, and after notice and a hearing, that such principal residence in the area where the real ‘‘(B) if the bankruptcy case was filed in property is of consequential value or benefit estate is located; violation of a bankruptcy court order in a to the estate.’’; and ‘‘(B) all easements, rights, appurtenances, prior bankruptcy case prohibiting the debtor (2) in section 521, as amended by section 304 fixtures, rents, royalties, mineral rights, oil from being a debtor in another bankruptcy of this Act— or gas rights or profits, water rights, escrow case.’’. (A) in subsection (a)(2), as redesignated by funds, or insurance proceeds; and SEC. 304. DEBTOR RETENTION OF PERSONAL section 105(d) of this Act— ‘‘(C) all replacements or additions;’’. PROPERTY SECURITY. (i) by striking ‘‘consumer’’; SEC. 307. EXEMPTIONS. Title 11, United States Code, is amended— (ii) in subparagraph (B)— Section ø522(b)(2)(A)¿ 522(b)(3)(A) of title (1) in section 521(a), as so redesignated by (I) by striking ‘‘forty-five days after the 11, United States Code, as so designated by section 105(d) of this Act— filing of a notice of intent under this sec- section 224 of this Act, is amended— (A) in paragraph (4), by striking ‘‘and’’ at tion’’ and inserting ‘‘30 days after the first (1) by striking ‘‘180’’ and inserting ‘‘730’’; the end; date set for the meeting of creditors under and (B) in paragraph (5), by striking the period section 341(a)’’; and (2) by striking ‘‘, or for a longer portion of at the end and inserting ‘‘; and’’; and (II) by striking ‘‘forty-five day period’’ and such 180-day period than in any other place’’. (C) by adding at the end the following: inserting ‘‘30-day period’’; and SEC. 308. RESIDENCY REQUIREMENT FOR HOME- ‘‘(6) in an individual case under chapter 7 (iii) in subparagraph (C), by inserting ‘‘ex- STEAD EXEMPTION. øof this title¿, not retain possession of per- cept as provided in section 362(h)’’ before the Section 522 of title 11, United States Code, sonal property as to which a creditor has an semicolon; and as amended by section 307 of this Act, is allowed claim for the purchase price secured (B) by adding at the end the following: amended— in whole or in part by an interest in that per- ‘‘(c) If the debtor fails timely to take the (1) in subsection ø(b)(2)(A)¿ (b)(3)(A), by in- sonal property unless, in the case of an indi- action specified in subsection (a)(6), or in serting ‘‘subject to subsection (n),’’ before vidual debtor, the debtor within 45 days after paragraph (1) or (2) of section 362(h), with re- ‘‘any property’’; and the first meeting of creditors under section spect to property which a lessor or bailor (2) by adding at the end the following: 341(a)— owns and has leased, rented, or bailed to the ‘‘(n) For purposes of subsection ø(b)(2)(A)¿ ‘‘(A) enters into an agreement with the debtor or as to which a creditor holds a secu- (b)(3)(A), and notwithstanding subsection (a), creditor under section 524(c) with respect to rity interest not otherwise voidable under the value of an interest in— the claim secured by such property; or section 522(f), 544, 545, 547, 548, or 549, nothing ‘‘(1) real or personal property that the ‘‘(B) redeems such property from the secu- in this title shall prevent or limit the oper- debtor or a dependent of the debtor uses as a rity interest under section 722.’’; and ation of a provision in the underlying lease residence; (C) by adding at the end the following: or agreement that has the effect of placing ‘‘(2) a cooperative that owns property that ‘‘(b) øIf the debtor¿ For purposes of sub- the debtor in default under that lease or the debtor or a dependent of the debtor uses section (a)(6), if the debtor fails to so act with- agreement by reason of the occurrence, pend- as a residence; or October 5, 1999 CONGRESSIONAL RECORD — SENATE S12021

‘‘(3) a burial plot for the debtor or a de- (c) ADEQUATE PROTECTION OF LESSORS AND (C) by adding at the end the following: pendent of the debtor; PURCHASE MONEY SECURED CREDITORS.— ‘‘(iii) if— shall be reduced to the extent such value is ø(1) IN GENERAL.—Subchapter I of chapter ‘‘(I) property to be distributed pursuant to attributable to any portion of any property 13 of title 11, United States Code, is amended this subsection is in the form of periodic pay- that the debtor disposed of in the 730-day pe- by inserting after section 1307 the following: ments, such payments shall be in equal monthly riod ending on the date of the filing of the ø‘‘§ 1308. Adequate protection in chapter 13 amounts; and petition, with the intent to hinder, delay, or cases ‘‘(II) the holder of the claim is secured by per- defraud a creditor and that the debtor could ø‘‘(a)(1)(A) On or before the date that is 30 sonal property the amount of such payments not exempt, or that portion that the debtor days after the filing of a case under this shall not be less than an amount sufficient to could not exempt, under subsection (b) if on chapter, the debtor shall make cash pay- provide to the holder of such claim adequate such date the debtor had held the property so ments in an amount determined under para- protection during the period of the plan; or’’. disposed of.’’. graph (2), to— (2) PAYMENTS.—Section 1326(a) of title 11, SEC. 309. PROTECTING SECURED CREDITORS IN ø‘‘(i) any lessor of personal property; and United States Code, is amended to read as fol- CHAPTER 13 CASES. ø‘‘(ii) any creditor holding a claim secured lows: (a) STOPPING ABUSIVE CONVERSIONS FROM by personal property to the extent that the ‘‘(a)(1) Unless the court orders otherwise, the CHAPTER 13.—Section 348(f)(1) of title 11, claim is attributable to the purchase of that debtor shall— United States Code, is amended— property by the debtor. ‘‘(A) commence making the payments pro- (1) in subparagraph (A), by striking ‘‘and’’ ø‘‘(B) The debtor or the plan shall continue posed by a plan within 30 days after the plan is at the end; making the adequate protection payments filed; or (2) in subparagraph (B)— until the earlier of the date on which— ‘‘(B) if no plan is filed then as specified in the (A) by striking ‘‘in the converted case, ø‘‘(i) the creditor begins to receive actual proof of claim, within 30 days after the order for with allowed secured claims’’ and inserting payments under the plan; or relief or within 15 days after the plan is filed, ‘‘only in a case converted to chapter 11 or 12 ø‘‘(ii) the debtor relinquishes possession of whichever is earlier. but not in a case converted to chapter 7, with the property referred to in subparagraph (A) ‘‘(2) A payment made under this section shall allowed secured claims in cases under chap- to— be retained by the trustee until confirmation, ters 11 and 12’’; and ø‘‘(I) the lessor or creditor; or denial of confirmation, or paid by the trustee as (B) by striking the period and inserting ‘‘; ø‘‘(II) any third party acting under claim adequate protection payments in accordance and’’; and of right. with paragraph (3). If a plan is confirmed, the (3) by adding at the end the following: ø‘‘(2) The payments referred to in para- trustee shall distribute any such payment in ac- ‘‘(C) with respect to cases converted from graph (1)(A) shall be the contract amount. cordance with the plan as soon as is practicable. chapter 13— ø‘‘(b)(1) Subject to the limitations under If a plan is not confirmed, the trustee shall re- ‘‘(i) the claim of any creditor holding secu- paragraph (2), the court may, after notice turn any such payments not previously paid to rity as of the date of the petition shall con- and hearing, change the amount, and timing creditors pursuant to paragraph (3) to the debt- tinue to be secured by that security unless of the dates of payment, of payments made or, after deducting any unpaid claim allowed the full amount of such claim determined under subsection (a). under section 503(b). under applicable nonbankruptcy law has ø‘‘(2)(A) The payments referred to in para- ‘‘(3)(A) As soon as is practicable, and not been paid in full as of the date of conversion, graph (1) shall be payable not less frequently later than 40 days after the filing of the case, notwithstanding any valuation or deter- than monthly. the trustee shall— mination of the amount of an allowed se- ø‘‘(B) The amount of payments referred to ‘‘(i) pay from payments made under this sec- cured claim made for the purposes of the in paragraph (1) shall not be less than the tion the adequate protection payments proposed chapter 13 proceeding; and amount of any weekly, biweekly, monthly, in the plan; or ‘‘(ii) unless a prebankruptcy default has or other periodic payment schedules as pay- ‘‘(ii) if no plan is filed then, according to the been fully cured under the plan at the time able under the contract between the debtor terms of the proof of claim. of conversion, in any proceeding under this and creditor. ‘‘(B) The court may, upon notice and a hear- title or otherwise, the default shall have the ø‘‘(c) Notwithstanding section 1326(b), the ing, modify, increase, or reduce the payments effect given under applicable nonbankruptcy payments referred to in subsection (a)(1)(A) required under this paragraph pending con- law.’’. shall be continued in addition to plan pay- firmation of a plan.’’. (b) GIVING DEBTORS THE ABILITY TO KEEP ments under a confirmed plan until actual SEC. 310. LIMITATION ON LUXURY GOODS. LEASED PERSONAL PROPERTY BY ASSUMP- payments to the creditor begin under that Section 523(a)(2)(C) of title 11, United TION.—Section 365 of title 11, United States plan, if the confirmed plan provides for— States Code, is amended to read as follows: Code, is amended by adding at the end the ø‘‘(1) payments to a creditor or lessor de- ‘‘(C)(i) for purposes of subparagraph (A)— following: scribed in subsection (a)(1); and ‘‘(I) consumer debts owed to a single cred- ‘‘(p)(1) If a lease of personal property is re- ø‘‘(2) the deferral of payments to such cred- itor and aggregating more than $250 for lux- jected or not timely assumed by the trustee itor or lessor under the plan until the pay- ury goods or services incurred by an indi- under subsection (d), the leased property is ment of amounts described in section 1326(b). vidual debtor on or within 90 days before the ø‘‘(d) Notwithstanding sections 362, 542, no longer property of the estate and the stay order for relief under this title are presumed and 543, a lessor or creditor described in sub- under section 362(a) is automatically termi- to be nondischargeable; and section (a) may retain possession of property nated. ‘‘(II) cash advances aggregating more than ‘‘(2)(A) In the case of an individual under described in that subsection that was ob- $750 that are extensions of consumer credit chapter 7, the debtor may notify the creditor tained in accordance with applicable law be- under an open end credit plan obtained by an in writing that the debtor desires to assume fore the date of filing of the petition until individual debtor on or within 70 days before the lease. Upon being so notified, the cred- the first payment under subsection (a)(1)(A) the order for relief under this title, are pre- itor may, at its option, notify the debtor is received by the lessor or creditor. sumed to be nondischargeable; and that it is willing to have the lease assumed ø‘‘(e) On or before the date that is 60 days ‘‘(ii) for purposes of this subparagraph— by the debtor and may condition such as- after the filing of a case under this chapter, ‘‘(I) the term ‘extension of credit under an sumption on cure of any outstanding default a debtor retaining possession of personal open end credit plan’ means an extension of on terms set by the contract. property subject to a lease or securing a ‘‘(B) If within 30 days after notice is pro- claim attributable in whole or in part to the credit under an open end credit plan, within vided under subparagraph (A), the debtor no- purchase price of such property shall provide the meaning of the Consumer Credit Protec- tifies the lessor in writing that the lease is each creditor or lessor reasonable evidence tion Act (15 U.S.C. 1601 et seq.); assumed, the liability under the lease will be of the maintenance of any required insur- ‘‘(II) the term ‘open end credit plan’ has assumed by the debtor and not by the estate. ance coverage with respect to the use or the meaning given that term under section ‘‘(C) The stay under section 362 and the in- ownership of such property and continue to 103 of Consumer Credit Protection Act (15 junction under section 524(a)(2) shall not be do so for so long as the debtor retains posses- U.S.C. 1602); and violated by notification of the debtor and ne- sion of such property.’’. ‘‘(III) the term ‘luxury goods or services’ does not include goods or services reasonably gotiation of cure under this subsection. ø(2) CLERICAL AMENDMENT.—The table of ‘‘(3) In a case under chapter 11 øof this sections for chapter 13 of title 11, United necessary for the support or maintenance of title¿ in which the debtor is an individual States Code, is amended, in the matter relat- the debtor or a dependent of the debtor.’’. and in a case under chapter 13 øof this title¿, ing to subchapter I, by inserting after the SEC. 311. AUTOMATIC STAY. if the debtor is the lessee with respect to per- item relating to section 1307 the following: Section 362(b) of title 11, United States sonal property and the lease is not assumed ø‘‘1308. Adequate protection in chapter 13 Code, as amended by section 303(b) of this in the plan confirmed by the court, the lease cases.’’.¿ Act, is amended— is deemed rejected as of the conclusion of the (1) CONFIRMATION OF PLAN.—Section (1) in paragraph (21), by striking ‘‘or’’ at hearing on confirmation. If the lease is re- 1325(a)(5)(B) of title 11, United States Code, is the end; jected, the stay under section 362 and any amended— (2) in paragraph (22), by striking the period stay under section 1301 is automatically ter- (A) in clause (i), by striking ‘‘and’’ at the end; at the end and inserting a semicolon; and minated with respect to the property subject (B) in clause (ii), by striking ‘‘or’’ at the end (3) by inserting after paragraph (22) the fol- to the lease.’’. and inserting ‘‘and’’; and lowing: S12022 CONGRESSIONAL RECORD — SENATE October 5, 1999 ‘‘(23) under subsection (a)(3), of the con- bankruptcy the newly created debt; except ‘‘(ii) a schedule of current income and cur- tinuation of any eviction, unlawful detainer that rent expenditures; action, or similar proceeding by a lessor ‘‘(B) øexcept that¿ all debts incurred to ‘‘(iii) a statement of the debtor’s financial against a debtor involving residential real pay nondischargeable debts shall be pre- affairs and, if applicable, a certificate— property in which the debtor resides as a sumed to be nondischargeable debts if in- ‘‘(I) of an attorney whose name is on the tenant under a rental agreement; curred within 70 days before the filing of the petition as the attorney for the debtor or ‘‘(24) under subsection (a)(3), of the com- petition (except that, in any case in which any bankruptcy petition preparer signing mencement of any eviction, unlawful de- there is an allowed claim under section 502 the petition under section 110(b)(1) indi- tainer action, or similar proceeding by a les- for child support or spousal support entitled cating that such attorney or bankruptcy pe- sor against a debtor involving residential to priority under section 507(a)(1) and that tition preparer delivered to the debtor any real property in which the debtor resides as was filed in a timely manner, debts that notice required by section 342(b); or a tenant under a rental agreement that has would otherwise be presumed to be non- ‘‘(II) if no attorney for the debtor is indi- terminated under the lease agreement or ap- dischargeable debts by reason of this sub- cated and no bankruptcy petition preparer plicable State law; or paragraph shall be treated as dischargeable signed the petition, of the debtor that such ‘‘(25) under subsection (a)(3), of eviction ac- debts);’’. notice was obtained and read by the debtor; tions based on endangerment to property or (b) DISCHARGE UNDER CHAPTER 13.—Section ‘‘(iv) copies of any Federal tax returns, in- person or the use of illegal drugs.’’. 1328(a) of title 11, United States Code, is cluding any schedules or attachments, filed SEC. 312. EXTENSION OF PERIOD BETWEEN amended by striking paragraphs (1) through by the debtor for the 3-year period preceding BANKRUPTCY DISCHARGES. (3) and inserting the following: the order for relief; Title 11, United States Code, is amended— ‘‘(1) provided for under section 1322(b)(5); ‘‘(v) copies of all payment advices or other (1) in section 727(a)(8), by striking ‘‘six’’ ‘‘(2) of the kind specified in paragraph (2), evidence of payment, if any, received by the and inserting ‘‘8’’; and (4), (3)(B), (5), (8), or (9) of section 523(a); debtor from any employer of the debtor in (2) in section 1328, by adding at the end the ‘‘(3) for restitution, or a criminal fine, in- the period 60 days before the filing of the pe- following: cluded in a sentence on the debtor’s convic- tition; ‘‘(f) Notwithstanding subsections (a) and tion of a crime; or ‘‘(vi) a statement of the amount of pro- (b), the court shall not grant a discharge of ‘‘(4) for restitution, or damages, awarded in jected monthly net income, itemized to show all debts provided for by the plan or dis- a civil action against the debtor as a result how the amount is calculated; and allowed under section 502 if the debtor has of willful or malicious injury by the debtor ‘‘(vii) a statement disclosing any reason- received a discharge in any case filed under that caused personal injury to an individual ably anticipated increase in income or ex- this title within 5 years before the order for or the death of an individual.’’. penditures over the 12-month period fol- relief under this chapter.’’. SEC. 315. GIVING CREDITORS FAIR NOTICE IN lowing the date of filing;’’; and CHAPTERS 7 AND 13 CASES. SEC. 313. DEFINITION OF HOUSEHOLD GOODS (2) by adding at the end the following: (a) NOTICE.—Section 342 of title 11, United AND ANTIQUES. ‘‘(d)(1) At any time, a creditor, in the case States Code, is amended— Section 522(f) of title 11, United States of an individual under chapter 7 or 13, may (1) in subsection (c)— Code, is amended by adding at the end the file with the court notice that the creditor (A) by inserting ‘‘(1)’’ after ‘‘(c)’’; and following: requests the petition, schedules, and a state- (B) by striking ‘‘, but the failure of such ‘‘(4)(A) Subject to subparagraph (B), for ment of affairs filed by the debtor in the case notice to contain such information shall not purposes of paragraph (1)(B), the term and the court shall make those documents invalidate the legal effect of such notice’’; ‘household goods’ means— available to the creditor who requests those and ‘‘(i) clothing; documents. ‘‘(ii) furniture; (2) by adding at the end the following: ‘‘(d) At any time, a creditor, in a case of an ‘‘(2)(A) At any time, a creditor in a case ‘‘(iii) appliances; individual debtor under chapter 7 or 13, may under chapter 13 may file with the court no- ‘‘(iv) 1 radio; file with the court and serve on the debtor a tice that the creditor requests the plan filed ‘‘(v) 1 television; notice of the address to be used to notify the by the debtor in the case. ‘‘(vi) 1 VCR; creditor in that case. Five days after receipt ‘‘(vii) linens; ‘‘(B) The court shall make such plan avail- of such notice, if the court or the debtor is ‘‘(viii) china; able to the creditor who requests such plan— required to give the creditor notice, such no- ‘‘(ix) crockery; ‘‘(i) at a reasonable cost; and tice shall be given at that address. ‘‘(x) kitchenware; ‘‘(ii) not later than 5 days after such re- ‘‘(e) An entity may file with the court a quest. ‘‘(xi) educational materials and edu- notice stating its address for notice in cases ‘‘(e) An individual debtor in a case under cational equipment primarily for the use of under chapters 7 and 13. After 30 days fol- chapter 7 or 13 shall file with the court— minor dependent children of the debtor, but lowing the filing of such notice, any notice ‘‘(1) at the time filed with the taxing au- only 1 personal computer only if used pri- in any case filed under chapter 7 or 13 given thority, all tax returns, including any sched- marily for the education or entertainment of by the court shall be to that address unless ules or attachments, with respect to the pe- such minor children; specific notice is given under subsection (d) riod from the commencement of the case ‘‘(xii) medical equipment and supplies; with respect to a particular case. until such time as the case is closed; ‘‘(xiii) furniture exclusively for the use of ‘‘(f)(1) Notice given to a creditor other ‘‘(2) at the time filed with the taxing au- minor children, or elderly or disabled de- than as provided in this section shall not be thority, all tax returns, including any sched- pendents of the debtor; and effective notice until that notice has been ules or attachments, that were not filed with ‘‘(xiv) personal effects (including wedding brought to the attention of the creditor. If the taxing authority when the schedules rings and the toys and hobby equipment of the creditor designates a person or depart- under subsection (a)(1) were filed with re- minor dependent children) of the debtor and ment to be responsible for receiving notices spect to the period that is 3 years before the the dependents of the debtor. concerning bankruptcy cases and establishes order for relief; ‘‘(B) The term ‘household goods’ does not reasonable procedures so that bankruptcy ‘‘(3) any amendments to any of the tax re- include— notices received by the creditor are to be de- turns, including schedules or attachments, ‘‘(i) works of art (unless by or of the debtor livered to such department or person, notice described in paragraph (1) or (2); and or the dependents of the debtor); shall not be considered to have been brought ‘‘(4) in a case under chapter 13, a statement ‘‘(ii) electronic entertainment equipment to the attention of the creditor until re- subject to the penalties of perjury by the (except 1 television, 1 radio, and 1 VCR); ceived by such person or department. ‘‘(iii) items acquired as antiques; ‘‘(2) No sanction under section 362(h) or debtor of the debtor’s income and expendi- ‘‘(iv) jewelry (except wedding rings); and any other sanction that a court may impose tures in the preceding tax year and monthly ‘‘(v) a computer (except as otherwise pro- on account of violations of the stay under income, that shows how the amounts are vided for in this section), motor vehicle (in- section 362(a) or failure to comply with sec- calculated— cluding a tractor or lawn tractor), boat, or a tion 542 or 543 may be imposed on any action ‘‘(A) beginning on the date that is the later motorized recreational device, conveyance, of the creditor unless the action takes place of 90 days after the close of the debtor’s tax vehicle, watercraft, or aircraft.’’. after the creditor has received notice of the year or 1 year after the order for relief, un- SEC. 314. DEBT INCURRED TO PAY NON- commencement of the case effective under less a plan has been confirmed; and DISCHARGEABLE DEBTS. this section.’’. ‘‘(B) thereafter, on or before the date that Section 523(a) of title 11, United States (b) DEBTOR’S DUTIES.—Section 521 of title is 45 days before each anniversary of the con- Code, is amended by inserting after para- 11, United States Code, as amended by sec- firmation of the plan until the case is closed. graph (14) the following: tion 305 of this Act, is amended— ‘‘(f)(1) A statement referred to in sub- ‘‘(14A)(A) incurred to pay a debt that is (1) in subsection (a), by striking paragraph section (e)(4) shall disclose— nondischargeable by reason of section 727, (1) and inserting the following: ‘‘(A) the amount and sources of income of 1141, 1228(a), 1228(b), or 1328(b), or any other ‘‘(1) file— the debtor; provision of this subsection, if the debtor in- ‘‘(A) a list of creditors; and ‘‘(B) the identity of any person responsible curred the debt to pay such a nondischarge- ‘‘(B) unless the court orders otherwise— with the debtor for the support of any de- able debt with the intent to discharge in ‘‘(i) a schedule of assets and liabilities; pendent of the debtor; and October 5, 1999 CONGRESSIONAL RECORD — SENATE S12023

‘‘(C) the identity of any person who con- (b) FILING OF PLAN.—Section 1321 of title TITLE IV—GENERAL AND SMALL tributed, and the amount contributed, to the 11, United States Code, is amended to read as BUSINESS BANKRUPTCY PROVISIONS household in which the debtor resides. follows: Subtitle A—General Business Bankruptcy ‘‘(2) The tax returns, amendments, and Provisions statement of income and expenditures de- ‘‘§ 1321. Filing of plan scribed in paragraph (1) shall be available to ‘‘Not later than 90 days after the order for SEC. 401. ROLLING STOCK EQUIPMENT. the United States trustee, any bankruptcy relief under this chapter, the debtor shall file (a) IN GENERAL.—Section 1168 of title 11, administrator, any trustee, and any party in a plan, except that the court may extend United States Code, is amended to read as interest for inspection and copying, subject such period if the need for an extension is at- follows: to the requirements of subsection (f) (g). ø ¿ tributable to circumstances for which the ‘‘§ 1168. Rolling stock equipment ‘‘(g)(1) Not later than 30 days after the date debtor should not justly be held account- of enactment of the Bankruptcy Reform Act able.’’. ‘‘(a)(1) The right of a secured party with a of 1999, the Director of the Administrative security interest in or of a lessor or condi- Office of the United States Courts shall es- SEC. 318. CHAPTER 13 PLANS TO HAVE A 5-YEAR tional vendor of equipment described in tablish procedures for safeguarding the con- DURATION IN CERTAIN CASES. paragraph (2) to take possession of such fidentiality of any tax information required Section 1322(d) of title 11, United States equipment in compliance with an equipment to be provided under this section. Code, is amended to read as follows: security agreement, lease, or conditional ‘‘(2) The procedures under paragraph (1) ‘‘(d)(1) Except as provided in paragraph (2), sale contract, and to enforce any of its other shall include restrictions on creditor access the plan may not provide for payments over rights or remedies under such security agree- to tax information that is required to be pro- a period that is longer than 3 years. ment, lease, or conditional sale contract, to vided under this section. sell, lease, or otherwise retain or dispose of ‘‘(3) Not later than 1 year after the date of ‘‘(2) The plan may provide for payments such equipment, is not limited or otherwise enactment of the Bankruptcy Reform Act of over a period that is longer than 3 years if— affected by any other provision of this title 1999, the Director of the Administrative Of- ‘‘(A) the plan is for a case that was con- or by any power of the court, except that the fice of the United States Courts shall prepare verted to a case under this chapter from a right to take possession and enforce those and submit to Congress a report that— case under chapter 7, or the plan is for a debt- other rights and remedies shall be subject to ‘‘(A) assesses the effectiveness of the proce- or who has been dismissed from chapter 7 by section 362, if— dures under paragraph (1); and reason of section 707(b), in which case the plan ‘‘(A) before the date that is 60 days after ‘‘(B) if appropriate, includes proposed leg- shall provide for payments over a period of 5 the date of commencement of a case under islation to— years; or this chapter, the trustee, subject to the ‘‘(i) further protect the confidentiality of ‘‘(B) the plan is for a case that is not de- court’s approval, agrees to perform all obli- tax information; and scribed in subparagraph (A), and the court, gations of the debtor under such security ‘‘(ii) provide penalties for the improper use for cause, approves a period longer than 3 agreement, lease, or conditional sale con- by any person of the tax information re- years, but not to exceed 5 years.’’. tract; and quired to be provided under this section. SEC. 319. SENSE OF THE CONGRESS REGARDING ‘‘(B) any default, other than a default of a ‘‘(h) If requested by the United States EXPANSION OF RULE 9011 OF THE kind described in section 365(b)(2), under trustee or a trustee serving in the case, the FEDERAL RULES OF BANKRUPTCY such security agreement, lease, or condi- debtor shall provide— PROCEDURE. tional sale contract that— ‘‘(1) a document that establishes the iden- It is the sense of Congress that Rule 9011 of ‘‘(i) occurs before the date of commence- tity of the debtor, including a driver’s li- the Federal Rules of Bankruptcy Procedure ment of the case and is an event of default cense, passport, or other document that con- (11 U.S.C. App.) should be modified to include therewith is cured before the expiration of tains a photograph of the debtor; and a requirement that all documents (including such 60-day period; ‘‘(2) such other personal identifying infor- schedules), signed and unsigned, submitted ‘‘(ii) occurs or becomes an event of default mation relating to the debtor that estab- to the court or to a trustee by debtors who after the date of commencement of the case lishes the identity of the debtor.’’. represent themselves and debtors who are and before the expiration of such 60-day pe- SEC. 316. DISMISSAL FOR FAILURE TO TIMELY represented by an attorney be submitted riod is cured before the later of— FILE SCHEDULES OR PROVIDE RE- only after the debtor or the debtor’s attor- ‘‘(I) the date that is 30 days after the date QUIRED INFORMATION. ney has made reasonable inquiry to verify of the default or event of the default; or Section 521 of title 11, United States Code, that the information contained in such docu- ‘‘(II) the expiration of such 60-day period; as amended by section 315 of this Act, is ments is— and amended by adding at the end the following: (1) well grounded in fact; and ‘‘(iii) occurs on or after the expiration of ‘‘(i)(1) Notwithstanding section 707(a), and (2) warranted by existing law or a good- such 60-day period is cured in accordance subject to paragraph (2), if an individual faith argument for the extension, modifica- with the terms of such security agreement, debtor in a voluntary case under chapter 7 or tion, or reversal of existing law. lease, or conditional sale contract, if cure is 13 fails to file all of the information required permitted under that agreement, lease, or under subsection (a)(1) within 45 days after SEC. 320. PROMPT RELIEF FROM STAY IN INDI- VIDUAL CASES. conditional sale contract. the filing of the petition commencing the ‘‘(2) The equipment described in this case, the case shall be automatically dis- Section 362(e) of title 11, United States paragraph— missed effective on the 46th day after the fil- Code, is amended— ‘‘(A) is rolling stock equipment or acces- ing of the petition. (1) by inserting ‘‘(1)’’ after ‘‘(e)’’; and sories used on rolling stock equipment, in- ‘‘(2) With respect to a case described in (2) by adding at the end the following: cluding superstructures or racks, that is sub- paragraph (1), any party in interest may re- ‘‘(2) Notwithstanding paragraph (1), in the ject to a security interest granted by, leased quest the court to enter an order dismissing case of an individual filing under chapter 7, to, or conditionally sold to a debtor; and the case. If requested, the court shall enter 11, or 13, the stay under subsection (a) shall ‘‘(B) includes all records and documents re- an order of dismissal not later than 5 days terminate on the date that is 60 days after a lating to such equipment that are required, after such request. request is made by a party in interest under under the terms of the security agreement, ‘‘(3) Upon request of the debtor made with- subsection (d), unless— lease, or conditional sale contract, to be sur- in 45 days after the filing of the petition ‘‘(A) a final decision is rendered by the rendered or returned by the debtor in con- commencing a case described in paragraph court during the 60-day period beginning on nection with the surrender or return of such (1), the court may allow the debtor an addi- the date of the request; or equipment. tional period of not to exceed 45 days to file ‘‘(B) that 60-day period is extended— ‘‘(3) Paragraph (1) applies to a secured the information required under subsection ‘‘(i) by agreement of all parties in interest; party, lessor, or conditional vendor acting in (a)(1) if the court finds justification for ex- or its own behalf or acting as trustee or other- tending the period for the filing.’’. ‘‘(ii) by the court for such specific period of wise in behalf of another party. SEC. 317. ADEQUATE TIME TO PREPARE FOR time as the court finds is required for good ‘‘(b) The trustee and the secured party, les- HEARING ON CONFIRMATION OF cause, as described in findings made by the THE PLAN. sor, or conditional vendor whose right to court.’’. (a) HEARING.—Section 1324 of title 11, take possession is protected under sub- United States Code, is amended— SEC. 321. TREATMENT OF CERTAIN EARNINGS OF section (a) may agree, subject to the court’s (1) by striking ‘‘After’’ and inserting the AN INDIVIDUAL DEBTOR WHO FILES approval, to extend the 60-day period speci- following: A VOLUNTARY CASE UNDER CHAP- fied in subsection (a)(1). ‘‘(a) Except as provided in subsection (b) TER 11. ‘‘(c)(1) In any case under this chapter, the and after’’; and Section 541(a)(6) of title 11, United States trustee shall immediately surrender and re- (2) by adding at the end the following: Code, is amended by inserting ‘‘(other than an turn to a secured party, lessor, or condi- ‘‘(b) The hearing on confirmation of the individual debtor who, in accordance with sec- tional vendor, described in subsection (a)(1), plan may be held not later than 45 days after tion 301, files a petition to commence a vol- equipment described in subsection (a)(2), if the meeting of creditors under section untary case under chapter 11)’’ after ‘‘indi- at any time after the date of commencement 341(a).’’. vidual debtor’’. of the case under this chapter such secured S12024 CONGRESSIONAL RECORD — SENATE October 5, 1999 party, lessor, or conditional vendor is enti- interest granted by, leased to, or condi- ‘‘(26) under subsection (a), of— tled under subsection (a)(1) to take posses- tionally sold to a debtor that, at the time ‘‘(A) the commencement or continuation of sion of such equipment and makes a written such transaction is entered into, holds an air an investigation or action by a securities self demand for such possession of the trustee. carrier operating certificate issued under regulatory organization to enforce such or- ‘‘(2) At such time as the trustee is required chapter 447 of title 49 for aircraft capable of ganization’s regulatory power; under paragraph (1) to surrender and return carrying 10 or more individuals or 6,000 ‘‘(B) the enforcement of an order or deci- equipment described in subsection (a)(2), any pounds or more of cargo; or sion, other than for monetary sanctions, ob- lease of such equipment, and any security ‘‘(ii) a documented vessel (as defined in tained in an action by the securities self reg- agreement or conditional sale contract relat- section 30101(1) of title 46) that is subject to ulatory organization to enforce such organi- ing to such equipment, if such security a security interest granted by, leased to, or zation’s regulatory power; or agreement or conditional sale contract is an conditionally sold to a debtor that is a water ‘‘(C) any act taken by the securities self executory contract, shall be deemed re- carrier that, at the time such transaction is regulatory organization to delist, delete, or jected. entered into, holds a certificate of public refuse to permit quotation of any stock that ‘‘(d) With respect to equipment first placed convenience and necessity or permit issued does not meet applicable regulatory require- in service on or before October 22, 1994, for by the Department of Transportation; and ments.’’. ‘‘(B) includes all records and documents re- purposes of this section— SEC. 403. MEETINGS OF CREDITORS AND EQUITY ‘‘(1) the term ‘lease’ includes any written lating to such equipment that are required, SECURITY HOLDERS. agreement with respect to which the lessor under the terms of the security agreement, Section 341 of title 11, United States Code, lease, or conditional sale contract, to be sur- and the debtor, as lessee, have expressed in is amended by adding at the end the fol- rendered or returned by the debtor in con- the agreement or in a substantially contem- lowing: nection with the surrender or return of such poraneous writing that the agreement is to ‘‘(e) Notwithstanding subsections (a) and be treated as a lease for Federal income tax equipment. ‘‘(4) Paragraph (1) applies to a secured (b), the court, on the request of a party in in- purposes; and terest and after notice and a hearing, for ‘‘(2) the term ‘security interest’ means a party, lessor, or conditional vendor acting in its own behalf or acting as trustee or other- cause may order that the United States purchase-money equipment security inter- trustee not convene a meeting of creditors or est. wise in behalf of another party. ‘‘(b) The trustee and the secured party, les- equity security holders if the debtor has filed ‘‘(e) With respect to equipment first placed a plan as to which the debtor solicited ac- in service after October 22, 1994, for purposes sor, or conditional vendor whose right to take possession is protected under sub- ceptances prior to the commencement of the of this section, the term ‘rolling stock equip- section (a) may agree, subject to the ap- case.’’. ment’ includes rolling stock equipment that proval of the court, to extend the 60-day pe- is substantially rebuilt and accessories used SEC. 404. PROTECTION OF REFINANCE OF SECU- riod specified in subsection (a)(1). RITY INTEREST. on such equipment.’’. ‘‘(c)(1) In any case under this chapter, the (b) AIRCRAFT EQUIPMENT AND VESSELS.— Subparagraphs (A), (B), and (C) of section trustee shall immediately surrender and re- 547(e)(2) of title 11, United States Code, are Section 1110 of title 11, United States Code, turn to a secured party, lessor, or condi- is amended to read as follows: each amended by striking ‘‘10’’ each place it tional vendor, described in subsection (a)(1), appears and inserting ‘‘30’’. ‘‘§ 1110. Aircraft equipment and vessels equipment described in subsection (a)(3), if at any time after the date of the order for re- SEC. 405. EXECUTORY CONTRACTS AND UNEX- ‘‘(a)(1) Except as provided in paragraph (2) PIRED LEASES. and subject to subsection (b), the right of a lief under this chapter such secured party, lessor, or conditional vendor is entitled Section 365(d)(4) of title 11, United States secured party with a security interest in Code, is amended to read as follows: equipment described in paragraph (3), or of a under subsection (a)(1) to take possession of such equipment and makes a written demand ‘‘(4)(A) Subject to subparagraph (B), in any lessor or conditional vendor of such equip- case under any chapter of this title, an unex- ment, to take possession of such equipment for such possession to the trustee. ‘‘(2) At such time as the trustee is required pired lease of nonresidential real property in compliance with a security agreement, under which the debtor is the lessee shall be lease, or conditional sale contract, and to en- under paragraph (1) to surrender and return equipment described in subsection (a)(3), any deemed rejected and the trustee shall imme- force any of its other rights or remedies, lease of such equipment, and any security diately surrender that nonresidential real under such security agreement, lease, or con- agreement or conditional sale contract relat- property to the lessor if the trustee does not ditional sale contract, to sell, lease, or oth- ing to such equipment, if such security assume or reject the unexpired lease by the erwise retain or dispose of such equipment, agreement or conditional sale contract is an earlier of— is not limited or otherwise affected by any executory contract, shall be deemed re- ‘‘(i) the date that is 120 days after the date other provision of this title or by any power jected. of the order for relief; or of the court. ‘‘(d) With respect to equipment first placed ‘‘(ii) the date of the entry of an order con- ‘‘(2) The right to take possession and to en- in service on or before October 22, 1994, for firming a plan. force the other rights and remedies described purposes of this section— ‘‘(B) The court may extend the period de- in paragraph (1) shall be subject to section ‘‘(1) the term ‘lease’ includes any written termined under subparagraph (A) only upon 362 if— agreement with respect to which the lessor a motion of the lessor.’’. ‘‘(A) before the date that is 60 days after and the debtor, as lessee, have expressed in SEC. 406. CREDITORS AND EQUITY SECURITY the date of the order for relief under this the agreement or in a substantially contem- chapter, the trustee, subject to the approval HOLDERS COMMITTEES. poraneous writing that the agreement is to Section 1102(a)(2) of title 11, United States of the court, agrees to perform all obliga- be treated as a lease for Federal income tax tions of the debtor under such security Code, is amended by inserting before the purposes; and first sentence the following: ‘‘On its own mo- agreement, lease, or conditional sale con- ‘‘(2) the term ‘security interest’ means a tract; and tion or on request of a party in interest, and purchase-money equipment security inter- after notice and hearing, the court may ‘‘(B) any default, other than a default of a est.’’. kind specified in section 365(b)(2), under such order a change in the membership of a com- SEC. 402. ADEQUATE PROTECTION FOR INVES- mittee appointed under this subsection, if security agreement, lease, or conditional TORS. the court determines that the change is nec- sale contract that occurs— (a) DEFINITION.—Section 101 of title 11, essary to ensure adequate representation of ‘‘(i) before the date of the order is cured be- United States Code, as amended by section creditors or equity security holders.’’. fore the expiration of such 60-day period; 306(c) of this Act, is amended by inserting ‘‘(ii) after the date of the order and before after paragraph (48) the following: SEC. 407. AMENDMENT TO SECTION 546 OF TITLE the expiration of such 60-day period is cured ‘‘(48A) ‘securities self regulatory organiza- 11, UNITED STATES CODE. before the later of— tion’ means either a securities association Section 546 of title 11, United States Code, ‘‘(I) the date that is 30 days after the date registered with the Securities and Exchange is amended— of the default; or Commission under section 15A of the Securi- (1) by redesignating the second subsection ‘‘(II) the expiration of such 60-day period; ties Exchange Act of 1934 (15 U.S.C. 78o–3) or designated as subsection (g) (as added by sec- and a national securities exchange registered tion 222(a) of Public Law 103–394) as sub- ‘‘(iii) on or after the expiration of such 60- with the Securities and Exchange Commis- section (i); and day period is cured in compliance with the sion under section 6 of the Securities Ex- (2) by adding at the end the following: terms of such security agreement, lease, or change Act of 1934 (15 U.S.C. 78f);’’. ‘‘(j)(1) Notwithstanding section 545 (2) and conditional sale contract, if a cure is per- (b) AUTOMATIC STAY.—Section 362(b) of (3), the trustee may not avoid a mitted under that agreement, lease, or con- title 11, United States Code, as amended by warehouseman’s lien for storage, transpor- tract. section 311 of this Act, is amended— tation or other costs incidental to the stor- ‘‘(3) The equipment described in this (1) in paragraph (24), by striking ‘‘or’’ at age and handling of goods. paragraph— the end; ‘‘(2) The prohibition under paragraph (1) ‘‘(A) is— (2) in paragraph (25), by striking the period shall be applied in a manner consistent with ‘‘(i) an aircraft, aircraft engine, propeller, at the end and inserting ‘‘; or’’; and any applicable State statute that is similar appliance, or spare part (as defined in section (3) by inserting after paragraph (25) the fol- to section 7–209 of the Uniform Commercial 40102 of title 49) that is subject to a security lowing: Code.’’. October 5, 1999 CONGRESSIONAL RECORD — SENATE S12025 SEC. 408. LIMITATION. (3) by striking ‘‘housing’’ the first place it or otherwise has demonstrated skill and ex- Section 546(c)(1)(B) of title 11, United appears; and perience in the bankruptcy field;’’. States Code, is amended by striking ‘‘20’’ and (4) by striking ‘‘but only’’ and all that fol- SEC. ø419.¿ 418. APPOINTMENT OF ELECTED inserting ‘‘45’’. lows through ‘‘but nothing in this para- TRUSTEE. SEC. 409. AMENDMENT TO SECTION 330(a) OF graph’’ and inserting ‘‘or a lot in a home- Section 1104(b) of title 11, United States TITLE 11, UNITED STATES CODE. owners association, for as long as the debtor Code, is amended— Section 330(a)(3) of title 11, United States or the trustee has a legal, equitable, or (1) by inserting ‘‘(1)’’ after ‘‘(b)’’; and Code, is amended— possessory ownership interest in such unit, (2) by adding at the end the following: (1) by striking ‘‘(A) the; and inserting ‘‘(i) such corporation, or such lot, and until such ‘‘(2)(A) If an eligible, disinterested trustee the’’; time as the debtor or trustee has surrendered is elected at a meeting of creditors under (2) by striking ‘‘(B)’’ and inserting ‘‘(ii)’’; any legal, equitable or possessory interest in paragraph (1), the United States trustee (3) by striking ‘‘(C)’’ and inserting ‘‘(iii)’’; such unit, such corporation, or such lot, but shall file a report certifying that election. (4) by striking ‘‘(D)’’ and inserting ‘‘(iv)’’; nothing in this paragraph’’. ‘‘(B) Upon the filing of a report under sub- (5) by striking ‘‘(E)’’ and inserting ‘‘(v)’’; SEC. 415. CREDITOR REPRESENTATION AT FIRST paragraph (A)— (6) in subparagraph (A), by inserting ‘‘to an MEETING OF CREDITORS. ‘‘(i) the trustee elected under paragraph (1) examiner, trustee under chapter 11, or pro- Section 341(c) of title 11, United States shall be considered to have been selected and fessional person’’ after ‘‘awarded’’; and Code, is amended by inserting after the first appointed for purposes of this section; and (7) by adding at the end the following: sentence the following: ‘‘Notwithstanding ‘‘(ii) the service of any trustee appointed ‘‘(B) In determining the amount of reason- any local court rule, provision of a State under subsection (d) shall terminate. able compensation to be awarded a trustee, constitution, any other Federal or State law ‘‘(C) In the case of any dispute arising out the court shall treat such compensation as a that is not a bankruptcy law, or other re- of an election described in subparagraph (A), commission based on the results achieved.’’. quirement that representation at the meet- the court shall resolve the dispute.’’. SEC. 410. POSTPETITION DISCLOSURE AND SO- ing of creditors under subsection (a) be by an SEC. 419. UTILITY SERVICE. LICITATION. attorney, a creditor holding a consumer debt Section 1125 of title 11, United States Code, Section 366 of title 11, United States Code, is or any representative of the creditor (which is amended by adding at the end the fol- amended— may include an entity or an employee of an lowing: (1) in subsection (a), by striking ‘‘subsection ‘‘(g) Notwithstanding subsection (b), an ac- entity and may be a representative for more (b)’’ and inserting ‘‘subsections (b) and (c)’’; ceptance or rejection of the plan may be so- than 1 creditor) shall be permitted to appear and licited from a holder of a claim or interest if at and participate in the meeting of credi- (2) by adding at the end the following: such solicitation complies with applicable tors in a case under chapter 7 or 13, either ‘‘(c)(1)(A) For purposes of this subsection, the nonbankruptcy law and if such holder was alone or in conjunction with an attorney for term ‘assurance of payment’ means— solicited before the commencement of the the creditor. Nothing in this subsection shall ‘‘(i) a cash deposit; case in a manner complying with applicable be construed to require any creditor to be ‘‘(ii) a letter of credit; ‘‘(iii) a certificate of deposit; nonbankruptcy law.’’. represented by an attorney at any meeting of creditors.’’. ‘‘(iv) a surety bond; SEC. 411. PREFERENCES. øSEC. 416. ELIMINATION OF CERTAIN FEES PAY- ‘‘(v) a prepayment of utility consumption; or Section 547(c) of title 11, United States ‘‘(vi) another form of security that is mutually Code, is amended— ABLE IN CHAPTER 11 BANKRUPTCY CASES. agreed on between the utility and the debtor or (1) by striking paragraph (2) and inserting (a) AMENDMENTS.—Section 1930(a)(6) of the trustee. the following: ø title 28, United States Code, is amended— ‘‘(B) For purposes of this subsection an ad- ‘‘(2) to the extent that such transfer was in (1) in the first sentence by striking ‘‘until ministrative expense priority shall not constitute payment of a debt incurred by the debtor in ø the case is converted or dismissed, whichever an assurance of payment. the ordinary course of business or financial occurs first’’; and ‘‘(2) Subject to paragraphs (3) through (5), affairs of the debtor and the transferee, and (2) in the second sentence— with respect to a case filed under chapter 11, a such transfer was— ø (A) by striking ‘‘The’’ and inserting utility referred to in subsection (a) may alter, ‘‘(A) made in the ordinary course of busi- ø ‘‘Until the plan is confirmed or the case is refuse, or discontinue utility service, if during ness or financial affairs of the debtor and the converted (whichever occurs first) the’’; and the 20-day period beginning on the date of filing transferee; or (B) by striking ‘‘less than $300,000;’’ and of the petition, the utility does not receive from ‘‘(B) made according to ordinary business ø inserting ‘‘less than $300,000. Until the case is the debtor or the trustee adequate assurance of terms;’’; converted, dismissed, or closed (whichever payment for utility service that is satisfactory to (2) in paragraph (7) by striking ‘‘or’’ at the occurs first and without regard to confirma- the utility. end; tion of the plan) the fee shall be’’. ‘‘(3)(A) On request of a party in interest and (3) in paragraph (8) by striking the period ø(b) DELAYED EFFECTIVE DATE.—The after notice and a hearing, the court may order at the end and inserting ‘‘; or’’; and amendments made by subsection (a) shall modification of the amount of an assurance of (4) by adding at the end the following: take effect on October 1, 1999.¿ payment under paragraph (2). ‘‘(9) if, in a case filed by a debtor whose SEC. ø417.¿ 416. DEFINITION OF DISINTERESTED ‘‘(B) In making a determination under this debts are not primarily consumer debts, the paragraph whether an assurance of payment is aggregate value of all property that con- PERSON. Section 101(14) of title 11, United States adequate, the court may not consider— stitutes or is affected by such transfer is less ‘‘(A) the absence of security before the date of than $5,000.’’. Code, is amended to read as follows: ‘‘(14) ‘disinterested person’ means a person filing of the petition; SEC. 412. VENUE OF CERTAIN PROCEEDINGS. that— ‘‘(B) the payment by the debtor of charges for Section 1409(b) of title 28, United States ‘‘(A) is not a creditor, an equity security utility service in a timely manner before the date Code, is amended by inserting ‘‘, or a non- holder, or an insider; of filing of the petition; or consumer debt against a noninsider of less ‘‘(B) is not and was not, within 2 years be- ‘‘(C) the availability of an administrative ex- than $10,000,’’ after ‘‘$5,000’’. fore the date of the filing of the petition, a pense priority. SEC. 413. PERIOD FOR FILING PLAN UNDER director, officer, or employee of the debtor; ‘‘(4) Notwithstanding any other provision of CHAPTER 11. law, with respect to a case subject to this sub- Section 1121(d) of title 11, United States and ‘‘(C) does not have an interest materially section, a utility may recover or set off against Code, is amended— a security deposit provided to the utility by the (1) by striking ‘‘On’’ and inserting ‘‘(1) adverse to the interest of the estate or of any class of creditors or equity security debtor before the date of filing of the petition Subject to paragraph (1), on’’; and without notice or order of the court.’’. (2) by adding at the end the following: holders, by reason of any direct or indirect ‘‘(2)(A) The 120-day period specified in relationship to, connection with, or interest Subtitle B—Small Business Bankruptcy paragraph (1) may not be extended beyond a in, the debtor, or for any other reason;’’. Provisions date that is 18 months after the date of the SEC. ø418.¿ 417. FACTORS FOR COMPENSATION OF SEC. 421. FLEXIBLE RULES FOR DISCLOSURE order for relief under this chapter. PROFESSIONAL PERSONS. STATEMENT AND PLAN. ‘‘(B) The 180-day period specified in para- Section 330(a)(3)(A) of title 11, United Section 1125 of title 11, United States Code, graph (1) may not be extended beyond a date States Code, as amended by section 409 of this is amended by striking subsection (f) and in- that is 20 months after the date of the order Act, is amended— serting the following: for relief under this chapter.’’. (1) in øsubparagraph (D)¿ clause (i), by ‘‘(f) Notwithstanding subsection (b), in a SEC. 414. FEES ARISING FROM CERTAIN OWNER- striking ‘‘and’’ at the end; small business case— SHIP INTERESTS. (2) by redesignating øsubparagraph (E)¿ ‘‘(1) in determining whether a disclosure Section 523(a)(16) of title 11, United States clause (v) as øsubparagraph (F) clause (vi)≈; statement provides adequate information, Code, is amended— and the court shall consider the complexity of (1) by striking ‘‘dwelling’’ the first place it (3) by inserting after øsubparagraph (D)¿ the case, the benefit of additional informa- appears; clause (iv) the following: tion to creditors and other parties in inter- (2) by striking ‘‘ownership or’’ and insert- ‘‘ø(E)¿ (v) with respect to a professional est, and the cost of providing additional in- ing ‘‘ownership,’’; person, whether the person is board certified formation; S12026 CONGRESSIONAL RECORD — SENATE October 5, 1999 ‘‘(2) the court may determine that the plan parties in interest for reasonably complete to understand the small business debtor’s fi- itself provides adequate information and information; and nancial condition and plan the small busi- that a separate disclosure statement is not (2) economy and simplicity for debtors. ness debtor’s future. necessary; SEC. 424. UNIFORM NATIONAL REPORTING RE- SEC. 426. DUTIES IN SMALL BUSINESS CASES. ‘‘(3) the court may approve a disclosure QUIREMENTS. (a) DUTIES IN CHAPTER 11 CASES.—Title 11, statement submitted on standard forms ap- (a) REPORTING REQUIRED.— United States Code, is amended by inserting proved by the court or adopted under section (1) IN GENERAL.—Chapter 3 of title 11, after section 1114 the following: 2075 of title 28; and United States Code, is amended by inserting ‘‘§ 1115. Duties of trustee or debtor in posses- ‘‘(4)(A) the court may conditionally ap- after section 307 the following: sion in small business cases prove a disclosure statement subject to final ‘‘§ 308. Debtor reporting requirements ‘‘In a small business case, a trustee or the approval after notice and a hearing; ‘‘(1) For purposes of this section, the term debtor in possession, in addition to the du- ‘‘(B) acceptances and rejections of a plan ‘profitability’ means, with respect to a debt- ties provided in this title and as otherwise may be solicited based on a conditionally ap- or, the amount of money that the debtor has required by law, shall— proved disclosure statement if the debtor earned or lost during current and recent fis- ‘‘(1) append to the voluntary petition or, in provides adequate information to each hold- cal periods. an involuntary case, file within 3 days after er of a claim or interest that is solicited, but ‘‘(2) A small business debtor shall file peri- the date of the order for relief— a conditionally approved disclosure state- odic financial and other reports containing ‘‘(A) its most recent balance sheet, state- ment shall be mailed not later than 20 days information including— ment of operations, cash-flow statement, before the date of the hearing on confirma- ‘‘(A) the debtor’s profitability; Federal income tax return; or tion of the plan; and ‘‘(B) reasonable approximations of the ‘‘(B) a statement made under penalty of ‘‘(C) the hearing on the disclosure state- debtor’s projected cash receipts and cash dis- perjury that no balance sheet, statement of ment may be combined with the hearing on bursements over a reasonable period; operations, or cash-flow statement has been confirmation of a plan.’’. ‘‘(C) comparisons of actual cash receipts prepared and no Federal tax return has been SEC. 422. DEFINITIONS; EFFECT OF DISCHARGE. and disbursements with projections in prior filed; (a) DEFINITIONS.—Section 101 of title 11, reports; ‘‘(2) attend, through its senior manage- United States Code, as amended by section 402 ‘‘(D)(i) whether the debtor is— ment personnel and counsel, meetings sched- of this Act, is amended by striking paragraph ‘‘(I) in compliance in all material respects uled by the court or the United States trust- (51C) and inserting the following: with postpetition requirements imposed by ee, including initial debtor interviews, ‘‘(51C) ‘small business case’ means a case this title and the Federal Rules of Bank- scheduling conferences, and meetings of filed under chapter 11 of this title in which ruptcy Procedure; and creditors convened under section 341 unless the debtor is a small business debtor; ‘‘(II) timely filing tax returns and paying the court waives that requirement after no- ‘‘(51D) ‘small business debtor’— taxes and other administrative claims when tice and hearing, upon a finding of extraor- ‘‘(A) subject to subparagraph (B), means a due; and dinary and compelling circumstances; person (including any affiliate of such person ‘‘(ii) if the debtor is not in compliance with ‘‘(3) timely file all schedules and state- that is also a debtor under this title) that the requirements referred to in clause (i)(I) ments of financial affairs, unless the court, has aggregate noncontingent, liquidated se- or filing tax returns and making the pay- after notice and a hearing, grants an exten- cured and unsecured debts as of the date of ments referred to in clause (i)(II), what the sion, which shall not extend such time period to a date later than 30 days after the date of the petition or the order for relief in an failures are and how, at what cost, and when the order for relief, absent extraordinary and amount not more than $4,000,000 (excluding the debtor intends to remedy such failures; compelling circumstances; debts owed to 1 or more affiliates or insiders) and ‘‘(4) file all postpetition financial and for a case in which the United States trustee ‘‘(iii) such other matters as are in the best other reports required by the Federal Rules has appointed under section 1102(a)(1) a com- interests of the debtor and creditors, and in of Bankruptcy Procedure or by local rule of mittee of unsecured creditors that the court the public interest in fair and efficient pro- the district court; has determined is sufficiently active and rep- cedures under chapter 11 of this title.’’. ‘‘(5) subject to section 363(c)(2), maintain resentative to provide effective oversight of (2) CLERICAL AMENDMENT.—The table of insurance customary and appropriate to the the debtor; and sections for chapter 3 of title 11, United industry; ‘‘(B) does not include any member of a States Code, is amended by inserting after ‘‘(6)(A) timely file tax returns; group of affiliated debtors that has aggre- the item relating to section 307 the fol- ‘‘(B) subject to section 363(c)(2), timely pay gate noncontingent liquidated secured and lowing: all administrative expense tax claims, except unsecured debts in an amount greater than ‘‘308. Debtor reporting requirements.’’. those being contested by appropriate pro- $4,000,000 (excluding debt owed to 1 or more (b) EFFECTIVE DATE.—The amendments ceedings being diligently prosecuted; and affiliates or insiders);’’. made by subsection (a) shall take effect 60 ‘‘(C) subject to section 363(c)(2), establish 1 (b) EFFECT OF DISCHARGE.—Section 524 of ø days after the date on which rules are pre- or more separate deposit accounts not later title 11, United States Code, as amended by scribed under section 2075 of title 28, United than 10 business days after the date of order section 204 of this Act, is amended by adding States Code, to establish forms to be used to for relief (or as soon thereafter as possible if at the end the following: comply with section 308 of title 11, United all banks contacted decline the business) and ‘‘(j)(1) An individual who is injured by the ø States Code, as added by subsection (a). deposit therein, not later than 1 business day willful failure of a creditor to substantially SEC. 425. UNIFORM REPORTING RULES AND after receipt thereof, all taxes payable for comply with the requirements specified in FORMS FOR SMALL BUSINESS periods beginning after the date the case is subsections (c) and (d), or by any willful vio- CASES. commenced that are collected or withheld by lation of the injunction operating under sub- (a) PROPOSAL OF RULES AND FORMS.—The the debtor for governmental units, unless section (a)(2), shall be entitled to recover— Advisory Committee on Bankruptcy Rules of the court waives that requirement after no- ø‘‘(A) the greater of— the Judicial Conference of the United States tice and hearing, upon a finding of extraor- ø‘‘(i) the amount of actual damages; or shall propose for adoption amended Federal dinary and compelling circumstances; and ø‘‘(ii) $1,000; and Rules of Bankruptcy Procedure and Official ‘‘(7) allow the United States trustee, or a ø‘‘(B) costs and attorneys’ fees. Bankruptcy Forms to be used by small busi- designated representative of the United ø‘‘(2) An action to recover for a violation ness debtors to file periodic financial and States trustee, to inspect the debtor’s busi- specified in paragraph (1) may not be other reports containing information, in- ness premises, books, and records at reason- brought as a class action.’’. cluding information relating to— able times, after reasonable prior written no- ø(c)¿ (b) CONFORMING AMENDMENT.—Section (1) the debtor’s profitability; tice, unless notice is waived by the debtor.’’. 1102(a)(3) of title 11, United States Code, is (2) the debtor’s cash receipts and disburse- (b) TECHNICAL AMENDMENT.—The table of amended by inserting ‘‘debtor’’ after ‘‘small ments; and sections for chapter 11, United States Code, business’’. (3) whether the debtor is timely filing tax is amended by inserting after the item relat- SEC. 423. STANDARD FORM DISCLOSURE STATE- returns and paying taxes and other adminis- ing to section 1114 the following: MENT AND PLAN. trative claims when due. ‘‘1115. Duties of trustee or debtor in posses- Within a reasonable period of time after (b) PURPOSE.—The rules and forms pro- sion in small business cases.’’. the date of the enactment of this Act, the posed under subsection (a) shall be designed SEC. 427. PLAN FILING AND CONFIRMATION Advisory Committee on Bankruptcy Rules of to achieve a practical balance among— DEADLINES. the Judicial Conference of the United States (1) the reasonable needs of the bankruptcy Section 1121 of title 11, United States Code, shall propose for adoption standard form dis- court, the United States trustee, creditors, is amended by striking subsection (e) and in- closure statements and plans of reorganiza- and other parties in interest for reasonably serting the following: tion for small business debtors (as defined in complete information; ‘‘(e) In a small business case— section 101 of title 11, United States Code, as (2) the small business debtor’s interest ‘‘(1) only the debtor may file a plan until amended by this Act), designed to achieve a that required reports be easy and inexpen- after 90 days after the date of the order for practical balance between— sive to complete; and relief, unless that period is — (1) the reasonable needs of the courts, the (3) the interest of all parties that the re- ‘‘(A) shortened on request of a party in in- United States trustee, creditors, and other quired reports help the small business debtor terest made during the 90-day period; October 5, 1999 CONGRESSIONAL RECORD — SENATE S12027 ‘‘(B) extended as provided by this sub- ‘‘(C) review and monitor diligently the whichever is in the best interest of creditors section, after notice and hearing; or debtor’s activities, to identify as promptly and the estate, if the movant establishes ‘‘(C) the court, for cause, orders otherwise; as possible whether the debtor will be unable cause. ‘‘(2) the plan, and any necessary disclosure to confirm a plan; and ‘‘(2) The relief provided in paragraph (1) statement, shall be filed not later than 90 ‘‘(8) in any case in which the United States shall not be granted if the debtor or another days after the date of the order for relief; trustee finds material grounds for any relief party in interest objects and establishes by a and under section 1112 of title 11, the United preponderance of the evidence that— ‘‘(3) the time periods specified in para- States trustee shall apply promptly after ‘‘(A) it is more likely than not that a plan graphs (1) and (2), and the time fixed in sec- making that finding to the court for relief.’’. will be confirmed within— tion 1129(e), within which the plan shall be SEC. 431. SCHEDULING CONFERENCES. ‘‘(i) a period of time fixed under this title confirmed, may be extended only if— Section 105(d) of title 11, United States or by order of the court entered under sec- ‘‘(A) the debtor, after providing notice to Code, as amended by section 429 of this Act, tion 1121(e)(3); or parties in interest (including the United is amended— ‘‘(ii) a reasonable period of time if no pe- States trustee), demonstrates by a prepon- (1) in the matter preceding paragraph (1), riod of time has been fixed; and derance of the evidence that it is more likely by striking ‘‘, may’’; ‘‘(B) if the reason is an act or omission of than not that the court will confirm a plan (2) by striking paragraph (1) and inserting the debtor that— within a reasonable period of time; the following: ‘‘(i) there exists a reasonable justification ‘‘(B) a new deadline is imposed at the time ‘‘(1) shall hold such status conferences as for the act or omission; and the extension is granted; and are necessary to further the expeditious and ‘‘(ii)(I) the act or omission will be cured ‘‘(C) the order extending time is signed be- economical resolution of the case; and’’; and within a reasonable period of time fixed by fore the existing deadline has expired.’’. (3) in paragraph (2), by striking ‘‘unless in- the court, but not to exceed 30 days after the SEC. 428. PLAN CONFIRMATION DEADLINE. consistent with another provision of this court decides the motion, unless the movant Section 1129 of title 11, United States Code, title or with applicable Federal Rules of expressly consents to a continuance for a is amended by adding at the end the fol- Bankruptcy Procedure,’’ øand inserting specific period of time; or lowing: ‘‘may’’¿. ‘‘(II) compelling circumstances beyond the ‘‘(e) In a small business case, the plan shall control of the debtor justify an extension. SEC. 432. SERIAL FILER PROVISIONS. ‘‘(3) The court shall commence the hearing be confirmed not later than 150 days after Section 362 of title 11, United States Code, the date of the order for relief, unless such on any motion under this subsection not is amended— later than 30 days after filing of the motion, 150-day period is extended as provided in sec- (1) in subsection (j), as redesignated by sec- tion 1121(e)(3).’’. and shall decide the motion within 15 days tion 305(1) of this Act— after commencement of the hearing, unless SEC. 429. PROHIBITION AGAINST EXTENSION OF (A) by striking ‘‘An’’ and inserting ‘‘(1) Ex- the movant expressly consents to a continu- TIME. cept as provided in paragraph (2), an’’; and ance for a specific period of time or compel- Section 105(d) of title 11, United States (B) by adding at the end the following: ling circumstances prevent the court from Code, is amended— ‘‘(2) If such violation is based on an action meeting the time limits established by this (1) in paragraph (1), by striking ‘‘and’’ at taken by an entity in the good faith belief paragraph. the end; that subsection (h) applies to the debtor, the ‘‘(4) For purposes of this subsection, cause (2) in paragraph (2)ø(B)(vi)¿, by striking recovery under paragraph (1) against such includes— the period at the end and inserting ‘‘; and’’; entity shall be limited to actual damages.’’; ‘‘(A) substantial or continuing loss to or and and diminution of the estate; (3) by adding at the end the following: (2) by inserting after subsection (j),øas ‘‘(B) gross mismanagement of the estate; ‘‘(3) in a small business case, not extend added by section 419 of this Act¿, the fol- ‘‘(C) failure to maintain appropriate insur- the time periods specified in sections 1121(e) lowing: ance; and 1129(e), except as provided in section ‘‘(k)(1) Except as provided in paragraph (2), ‘‘(D) unauthorized use of cash collateral 1121(e)(3).’’. the filing of a petition under chapter 11 øof harmful to 1 or more creditors; SEC. 430. DUTIES OF THE UNITED STATES TRUST- this title¿ operates as a stay of the acts de- ‘‘(E) failure to comply with an order of the EE. scribed in subsection (a) only in an involun- court; Section 586(a) of title 28, United States tary case involving no collusion by the debt- ‘‘(F) failure timely to satisfy any filing or Code, is amended— or with creditors and in which the debtor— reporting requirement established by this (1) in paragraph (3)— ‘‘(A) is a debtor in a small business case title or by any rule applicable to a case (A) in subparagraph (G), by striking ‘‘and’’ pending at the time the petition is filed; under this chapter; at the end; ‘‘(B) was a debtor in a small business case ‘‘(G) failure to attend the meeting of credi- (B) by redesignating subparagraph (H) as that was dismissed for any reason by an tors convened under section 341(a) or an ex- subparagraph (I); and order that became final in the 2-year period amination ordered under Rule 2004 of the (C) by inserting after subparagraph (G) the ending on the date of the order for relief en- Federal Rules of Bankruptcy Procedure; following: tered with respect to the petition; ‘‘(H) failure timely to provide information ‘‘(H) in small business cases (as defined in ‘‘(C) was a debtor in a small business case or attend meetings reasonably requested by section 101 of title 11), performing the addi- in which a plan was confirmed in the 2-year the United States trustee; tional duties specified in title 11 pertaining period ending on the date of the order for re- ‘‘(I) failure timely to pay taxes due after to such cases;’’; lief entered with respect to the petition; or the date of the order for relief or to file tax (2) in paragraph (5), by striking ‘‘and’’ at ‘‘(D) is an entity that has succeeded to sub- returns due after the order for relief; the end; stantially all of the assets or business of a ‘‘(J) failure to file a disclosure statement, (3) in paragraph (6), by striking the period small business debtor described in subpara- or to file or confirm a plan, within the time at the end and inserting ‘‘; and’’; and graph (A), (B), or (C). fixed by this title or by order of the court; (4) by inserting after paragraph (6) the fol- ‘‘(2) Paragraph (1) does not apply to the fil- ‘‘(K) failure to pay any fees or charges re- lowing: ing of a petition if the debtor proves by a quired under chapter 123 of title 28; ‘‘(7) in each of such small business cases— preponderance of the evidence that— ‘‘(L) revocation of an order of confirmation ‘‘(A) conduct an initial debtor interview as ‘‘(A) the filing of that petition resulted under section 1144; soon as practicable after the entry of order from circumstances beyond the control of ‘‘(M) inability to effectuate substantial for relief but before the first meeting sched- the debtor not foreseeable at the time the consummation of a confirmed plan; uled under section 341(a) of title 11, at which case then pending was filed; and ‘‘(N) material default by the debtor with time the United States trustee shall— ‘‘(B) it is more likely than not that the respect to a confirmed plan; and ‘‘(i) begin to investigate the debtor’s via- court will confirm a feasible plan, but not a ‘‘(O) termination of a plan by reason of the bility; liquidating plan, within a reasonable period occurrence of a condition specified in the ‘‘(ii) inquire about the debtor’s business of time.’’. plan. plan; SEC. 433. EXPANDED GROUNDS FOR DISMISSAL ‘‘(5) The court shall commence the hearing ‘‘(iii) explain the debtor’s obligations to OR CONVERSION AND APPOINT- on any motion under this subsection not file monthly operating reports and other re- MENT OF TRUSTEE. later than 30 days after filing of the motion, quired reports; (a) EXPANDED GROUNDS FOR DISMISSAL OR and shall decide the motion within 15 days ‘‘(iv) attempt to develop an agreed sched- CONVERSION.—Section 1112 of title 11, United after commencement of the hearing, unless uling order; and States Code, is amended by striking sub- the movant expressly consents to a continu- ‘‘(v) inform the debtor of other obligations; section (b) and inserting the following: ance for a specific period of time or compel- ‘‘(B) if determined to be appropriate and ‘‘(b)(1) Except as provided in paragraph (2), ling circumstances prevent the court from advisable, visit the appropriate business in subsection (c), and section 1104(a)(3), on meeting the time limits established by this premises of the debtor and ascertain the request of a party in interest, and after no- paragraph.’’. state of the debtor’s books and records and tice and a hearing, the court shall convert a (b) ADDITIONAL GROUNDS FOR APPOINTMENT verify that the debtor has filed its tax re- case under this chapter to a case under chap- OF TRUSTEE.—Section 1104(a) of title 11, turns; and ter 7 or dismiss a case under this chapter, United States Code, is amended— S12028 CONGRESSIONAL RECORD — SENATE October 5, 1999 (1) in paragraph (1), by striking ‘‘or’’ at the TITLE VI—IMPROVED BANKRUPTCY ‘‘(4) the debtor has failed to explain end; STATISTICS AND DATA satisfactorily— (2) in paragraph (2), by striking the period SEC. 601. AUDIT PROCEDURES. ‘‘(A) a material misstatement in an audit at the end and inserting ‘‘; or’’; and (a) AMENDMENTS.—Section 586 of title 28, performed under section 586(f) of title 28; or (3) by adding at the end the following: United States Code, is amended— ‘‘(B) a failure to make available for inspec- ‘‘(3) if grounds exist to convert or dismiss (1) in subsection (a), by striking paragraph tion all necessary accounts, papers, docu- the case under section 1112, but the court de- (6) and inserting the following: ments, financial records, files, and any other termines that the appointment of a trustee ‘‘(6) make such reports as the Attorney papers, things, or property belonging to the is in the best interests of creditors and the General directs, including the results of au- debtor that are requested for an audit con- estate.’’. dits performed under subsection (f); and’’; ducted under section 586(f).’’. (d) EFFECTIVE DATE.—The amendments SEC. 434. STUDY OF OPERATION OF TITLE 11, and UNITED STATES CODE, WITH RE- (2) by adding at the end the following: made by this section shall take effect 18 SPECT TO SMALL BUSINESSES. ‘‘(f)(1)(A) The Attorney General shall es- months after the date of enactment of this Not later than 2 years after the date of the tablish procedures to determine the accu- Act. enactment of this Act, the Administrator of racy, veracity, and completeness of peti- SEC. 602. IMPROVED BANKRUPTCY STATISTICS. the Small Business Administration, in con- tions, schedules, and other information (a) AMENDMENT.—Chapter 6 of title 28, sultation with the Attorney General of the which the debtor is required to provide under United States Code, is amended by adding at United States, the Director of the Adminis- sections 521 and 1322 of title 11, and, if appli- the end the following: trative Office of United States Trustees, and cable, section 111 of title 11, in individual ‘‘§ 159. Bankruptcy statistics the Director of the Administrative Office of cases filed under chapter 7 or 13 of such title. ‘‘(a) The clerk of each district court shall the United States Courts, shall— ‘‘(B) Those procedures shall— compile statistics regarding individual debt- (1) conduct a study to determine— ‘‘(i) establish a method of selecting appro- ors with primarily consumer debts seeking (A) the internal and external factors that priate qualified persons to contract to per- relief under chapters 7, 11, and 13 of title 11. cause small businesses, especially sole pro- form those audits; Those statistics shall be in a form prescribed prietorships, to become debtors in cases ‘‘(ii) establish a method of randomly se- by the Director of the Administrative Office under title 11, United States Code, and that lecting cases to be audited, except that not of the United States Courts (referred to in cause certain small businesses to success- less than 1 out of every 250 cases in each Fed- this section as the ‘Office’). fully complete cases under chapter 11 of such eral judicial district shall be selected for ‘‘(b) The Director shall— title; and audit; ‘‘(1) compile the statistics referred to in (B) how Federal laws relating to bank- ‘‘(iii) require audits for schedules of in- subsection (a); ruptcy may be made more effective and effi- come and expenses which reflect greater ‘‘(2) make the statistics available to the cient in assisting small businesses to remain than average variances from the statistical public; and viable; and norm of the district in which the schedules ‘‘(3) not later than October 31, 1999, and an- (2) submit to the President pro tempore of were filed if those variances occur by reason nually thereafter, prepare, and submit to the Senate and the Speaker of the House of of higher income or higher expenses than the Congress a report concerning the informa- Representatives a report summarizing that statistical norm of the ødisctrict¿ district in tion collected under subsection (a) that con- study. which the schedules were filed; and tains an analysis of the information. SEC. 435. PAYMENT OF INTEREST. ‘‘(iv) include procedures for providing, not ‘‘(c) The compilation required under sub- section (b) shall— Section 362(d)(3) of title 11, United States less frequently than annually, public infor- ‘‘(1) be itemized, by chapter, with respect Code, is amended— mation concerning the aggregate results of to title 11; (1) by inserting ‘‘or 30 days after the court the audits referred to in this subparagraph, ‘‘(2) be presented in the aggregate and for determines that the debtor is subject to this including the percentage of cases, by dis- each district; and paragraph, whichever is later’’ after ‘‘90-day trict, in which a material misstatement of ‘‘(3) include information concerning— period)’’; and income or expenditures is reported. ‘‘(A) the total assets and total liabilities of (2) by striking subparagraph (B) and insert- ‘‘(2) The United States trustee for each dis- the debtors described in subsection (a), and ing the following: trict may contract with auditors to perform in each category of assets and liabilities, as ‘‘(B) the debtor has commenced monthly audits in cases designated by the United reported in the schedules prescribed under payments that— States trustee according to the procedures section 2075 and filed by those debtors; ‘‘(i) may, in the debtor’s sole discretion, established under paragraph (1). ‘‘(B) the total current monthly income, notwithstanding section 363(c)(2), be made ‘‘(3)(A) The report of each audit conducted projected monthly net income, and average from rents or other income generated before under this subsection shall be filed with the income, and average expenses of those debt- or after the commencement of the case by or court and transmitted to the United States ors as reported on the schedules and state- from the property to each creditor whose trustee. Each report shall clearly and con- ments that each such debtor files under sec- claim is secured by such real estate (other spicuously specify any material tions 111, 521, and 1322 of title 11; than a claim secured by a judgment lien or misstatement of income or expenditures or ‘‘(C) the aggregate amount of debt dis- by an unmatured statutory lien); and of assets identified by the person performing charged in the reporting period, determined ‘‘(ii) are in an amount equal to interest at the audit. In any case where a material as the difference between the total amount the then applicable nondefault contract rate misstatement of income or expenditures or of debt and obligations of a debtor reported of interest on the value of the creditor’s in- of assets has been reported, the clerk of the on the schedules and the amount of such terest in the real estate; or’’. bankruptcy court shall give notice of the misstatement to the creditors in the case. debt reported in categories which are pre- TITLE V—MUNICIPAL BANKRUPTCY ‘‘(B) If a material misstatement of income dominantly nondischargeable; PROVISIONS or expenditures or of assets is reported, the ‘‘(D) the average period of time between SEC. 501. PETITION AND PROCEEDINGS RELATED United States trustee shall— the filing of the petition and the closing of TO PETITION. ‘‘(i) report the material misstatement, if the case; (a) TECHNICAL AMENDMENT RELATING TO appropriate, to the United States Attorney ‘‘(E) for the reporting period— MUNICIPALITIES.—Section 921(d) of title 11, under section 3057 of title 18; and ‘‘(i) the number of cases in which a reaffir- United States Code, is amended by inserting ‘‘(ii) if advisable, take appropriate action, mation was filed; and ‘‘, notwithstanding section 301(b)’’ before the including commencing an adversary pro- ‘‘(ii)(I) the total number of reaffirmations period at the end. ceeding to revoke the debtor’s discharge filed; under section 727(d) of title 11.’’. ‘‘(II) of those cases in which a reaffirma- (b) CONFORMING AMENDMENT.—Section 301 of title 11, United States Code, is amended— (b) AMENDMENTS TO SECTION 521 OF TITLE tion was filed, the number in which the debt- (1) by inserting ‘‘(a)’’ before ‘‘A vol- 11, UNITED STATES CODE.—Paragraphs (3) and or was not represented by an attorney; and untary’’; and (4) of section 521(a) of title 11, United States ‘‘(III) of the cases under each of subclauses Code, as amended by section 315 of this Act, (I) and (II), the number of cases in which the (2) by striking the last sentence; and øin- are each amended by inserting ‘‘or an audi- reaffirmation was approved by the court; serting the following¿: tor appointed under section 586 of title 28’’ ‘‘(F) with respect to cases filed under chap- (3) by adding at the end the following: after ‘‘serving in the case’’ each place that ter 13 of title 11, for the reporting period— ‘‘(b) The commencement of a voluntary term appears. ‘‘(i)(I) the number of cases in which a final case under a chapter of this title constitutes (c) AMENDMENTS TO SECTION 727 OF TITLE order was entered determining the value of an order for relief under such chapter.’’. 11, UNITED STATES CODE.—Section 727(d) of property securing a claim in an amount less SEC. 502. APPLICABILITY OF OTHER SECTIONS title 11, United States Code, is amended— than the amount of the claim; and TO CHAPTER 9. (1) in paragraph (2), by striking ‘‘or’’ at the ‘‘(II) the number of final orders deter- Section ø901¿ 901(a) of title 11, United end; mining the value of property securing a States Code, is amended— (2) in paragraph (3), by striking the period claim issued; (1) by inserting ‘‘555, 556,’’ after ‘‘553,’’; and at the end and inserting ‘‘; or’’; and ‘‘(ii) the number of cases dismissed for fail- (2) by inserting ‘‘559, 560,’’ after ‘‘557,’’. (3) by adding at the end the following: ure to make payments under the plan; and October 5, 1999 CONGRESSIONAL RECORD — SENATE S12029 ‘‘(iii) the number of cases in which the ‘‘(3) The information described in para- (2) in subsection (b)(2), by inserting ‘‘(ex- debtor filed another case during the 6-year graphs (1) and (2) shall be in addition to such cept that such expenses, other than claims period preceding the date of filing; other matters as are required by law for a for wages, salaries, or commissions which ‘‘(G) the number of cases in which credi- final report or as the Attorney General, in arise after the filing of a petition, shall be tors were fined for misconduct and any the discretion of the Attorney General, may limited to expenses incurred under chapter 7 amount of punitive damages awarded by the propose for a final report. of this title and shall not include expenses court for creditor misconduct; and ‘‘(e)(1) Periodic reports proposed for adop- incurred under chapter 11 of this title)’’ after ‘‘(H) the number of cases in which sanc- tion by trustees or debtors in possession ‘‘507(a)(1)’’; and tions under Rule 9011 of the Federal Rules of under chapter 11 of title 11 shall include— (3) by adding at the end the following: Bankruptcy Procedure were imposed against ‘‘(A) information about the standard indus- ‘‘(e) Before subordinating a tax lien on real debtor’s counsel and damages awarded under try classification, published by the Depart- or personal property of the estate, the trust- such rule.’’. ment of Commerce, for the businesses con- ee shall— (b) CLERICAL AMENDMENT.—The table of ducted by the debtor; ‘‘(1) exhaust the unencumbered assets of sections for chapter 6 of title 28, United ‘‘(B) the length of time the case has been the estate; and States Code, is amended by adding at the end pending; ‘‘(2) in a manner consistent with section the following: ‘‘(C) the number of full-time employees— 506(c), recover from property securing an al- ‘‘159. Bankruptcy statistics.’’. ‘‘(i) as of the date of the order for relief; lowed secured claim the reasonable, nec- and (c) EFFECTIVE DATE.—The amendments essary costs, and expenses of preserving or ‘‘(ii) at the end of each reporting period made by this section shall take effect 18 disposing of that property. since the case was filed; months after the date of enactment of this ‘‘(f) Notwithstanding the exclusion of ad ‘‘(D) cash receipts, cash disbursements, and Act. valorem tax liens under this section and sub- profitability of the debtor for the most re- ject to the requirements of subsection (e), SEC. 603. UNIFORM RULES FOR THE COLLECTION cent period and cumulatively since the date OF BANKRUPTCY DATA. the following may be paid from property of of the order for relief; (a) AMENDMENT.—Chapter 39 of title 28, the estate which secures a tax lien, or the ‘‘(E) compliance with title 11, whether or United States Code, is amended by inserting proceeds of such property: not tax returns and tax payments since the after section 589a the following: ‘‘(1) Claims for wages, salaries, and com- date of the order for relief have been timely missions that are entitled to priority under ‘‘§ 589b. Bankruptcy data filed and made; section 507(a)(3). ‘‘(a) Within a reasonable period of time ‘‘(F) all professional fees approved by the ‘‘(2) Claims for contributions to an em- after the effective date of this section, the court in the case for the most recent period ployee benefit plan entitled to priority under Attorney General of the United States shall and cumulatively since the date of the order section 507(a)(4).’’. issue rules requiring uniform forms for (and for relief (separately reported, for the profes- from time to time thereafter to appro- sional fees incurred by or on behalf of the (b) DETERMINATION OF TAX LIABILITY.—Sec- priately modify and approve)— debtor, between those that would have been tion 505(a)(2) of title 11, United States Code, ‘‘(1) final reports by trustees in cases under incurred absent a bankruptcy case and those is amended— chapters 7, 12, and 13 of title 11; and that would not have been so incurred); and (1) in subparagraph (A), by striking ‘‘or’’ at ‘‘(2) periodic reports by debtors in posses- ‘‘(G) plans of reorganization filed and con- the end; sion or trustees, as the case may be, in cases firmed and, with respect thereto, by class, (2) in subparagraph (B), by striking the pe- under chapter 11 of title 11. the recoveries of the holders, expressed in riod at the end and inserting ‘‘; or’’; and ‘‘(b) Each report referred to in subsection aggregate dollar values and, in the case of (3) by adding at the end the following: (a) shall be designed (and the requirements claims, as a percentage of total claims of the ‘‘(C) the amount or legality of any amount as to place and manner of filing shall be es- class allowed. arising in connection with an ad valorem tax tablished) so as to facilitate compilation of ‘‘(2) The information described in para- on real or personal property of the estate, if data and maximum practicable access of the graph (1) shall be in addition to such other the applicable period for contesting or rede- public, by— matters as are required by law for a periodic termining that amount under any law (other ‘‘(1) physical inspection at 1 or more cen- report or as the Attorney General, in the dis- than a bankruptcy law) has expired.’’. tral filing locations; and cretion of the Attorney General, may pro- SEC. 702. EFFECTIVE NOTICE TO GOVERNMENT. ‘‘(2) electronic access through the Internet pose for a periodic report.’’. (a) EFFECTIVE NOTICE TO GOVERNMENTAL or other appropriate media. (b) TECHNICAL AMENDMENT.—The table of UNITS.—Section 342 of title 11, United States ‘‘(c)(1) The information required to be filed sections for chapter 39 of title 28, United Code, as amended by section 315(a) of this in the reports referred to in subsection (b) States Code, is amended by adding at the end Act, is amended by adding at the end the fol- shall be information that is— the following: lowing: ‘‘(A) in the best interests of debtors and ‘‘589b. Bankruptcy data.’’. ‘‘(g)(1) If a debtor lists a governmental unit creditors, and in the public interest; and SEC. 604. SENSE OF CONGRESS REGARDING as a creditor in a list or schedule, any notice ‘‘(B) reasonable and adequate information AVAILABILITY OF BANKRUPTCY required to be given by the debtor under this to evaluate the efficiency and practicality of DATA. title, applicable rule, other provision of law, the Federal bankruptcy system. It is the sense of Congress that— ‘‘(2) In issuing rules proposing the forms or order of the court, shall identify the de- (1) it should be the national policy of the partment, agency, or instrumentality referred to in subsection (a), the Attorney United States that all data held by bank- General shall strike the best achievable through which the debtor is indebted. ruptcy clerks in electronic form, to the ex- ‘‘(2) The debtor shall identify (with infor- practical balance between— tent such data reflects only public records ‘‘(A) the reasonable needs of the public for mation such as a taxpayer identification (as defined in section 107 of title 11, United number, loan, account or contract number, information about the operational results of States Code), should be released in a usable the Federal bankruptcy system; and or real estate parcel number, if applicable), electronic form in bulk to the public subject and describe the underlying basis for the ‘‘(B) economy, simplicity, and lack of to such appropriate privacy concerns and undue burden on persons with a duty to file claim of the governmental unit. safeguards as the Judicial Conference of the ‘‘(3) If the liability of the debtor to a gov- reports. United States may determine; and ‘‘(d)(1) Final reports proposed for adoption ernmental unit arises from a debt or obliga- (2) there should be established a bank- by trustees under chapters 7, 12, and 13 of tion owed or incurred by another individual, title 11 shall include with respect to a case ruptcy data system in which— entity, or organization, or under a different under such title, by appropriate category— (A) a single set of data definitions and name, the debtor shall identify that indi- ‘‘(A) information about the length of time forms are used to collect data nationwide; vidual, entity, organization, or name. the case was pending; and ‘‘(h) The clerk shall keep and update on a ‘‘(B) assets abandoned; (B) data for any particular bankruptcy quarterly basis, in such form and manner as ‘‘(C) assets exempted; case are aggregated in the same electronic the Director of the Administrative Office of ‘‘(D) receipts and disbursements of the es- record. the United States Courts prescribes, a reg- tate; TITLE VII—BANKRUPTCY TAX ister in which a governmental unit may des- ‘‘(E) expenses of administration; PROVISIONS ignate or redesignate a mailing address for ‘‘(F) claims asserted; SEC. 701. TREATMENT OF CERTAIN LIENS. service of notice in cases pending in the dis- ‘‘(G) claims allowed; and (a) TREATMENT OF CERTAIN LIENS.—Section trict. The clerk shall make such register ‘‘(H) distributions to claimants and claims 724 of title 11, United States Code, is available to debtors.’’. discharged without payment. amended— (b) ADOPTION OF RULES PROVIDING NO- ‘‘(2) In cases under chapters 12 and 13 of (1) in subsection (b), in the matter pre- TICE.— title 11, final reports proposed for adoption ceding paragraph (1), by inserting ‘‘(other (1) IN GENERAL.—Within a reasonable pe- by trustees shall include— than to the extent that there is a properly riod of time after the date of enactment of ‘‘(A) the date of confirmation of the plan; perfected unavoidable tax lien arising in con- this Act, the Advisory Committee on Bank- ‘‘(B) each modification to the plan; and nection with an ad valorem tax on real or ruptcy Rules of the Judicial Conference shall ‘‘(C) defaults by the debtor in performance personal property of the estate)’’ after propose for adoption enhanced rules for pro- under the plan. ‘‘under this title’’; viding notice to Federal, State, and local S12030 CONGRESSIONAL RECORD — SENATE October 5, 1999 government units that have regulatory au- minimum rate of interest shall be a percent- (1) in subparagraph (C), by striking ‘‘or’’ at thority over the debtor or that may be credi- age equal to the sum of— the end; tors in the debtor’s case. ‘‘(i) 3; plus (2) in subparagraph (D), by striking the pe- (2) PERSONS NOTIFIED.—The rules proposed ‘‘(ii) the Federal short-term rate rounded riod at the end and inserting ‘‘; or’’; and under paragraph (1) shall be reasonably cal- to the nearest full percent, determined under (3) by adding at the end the following: culated to ensure that notice will reach the section 1274(d) of the Internal Revenue Code ‘‘(E) the appeal of a decision by a court or representatives of the governmental unit (or of 1986. administrative tribunal which determines a subdivision thereof) who will be the appro- ‘‘(B) In the case of any claim for Federal tax liability of the debtor (without regard to priate persons authorized to act upon the no- income taxes, the minimum rate of interest whether such determination was made tice. shall be subject to any adjustment that may prepetition or postpetition).’’. (3) RULES REQUIRED.—At a minimum, the be required under section 6621(d) of the Inter- SEC. 710. PERIODIC PAYMENT OF TAXES IN CHAP- rules under paragraph (1) should require that nal Revenue Code of 1986. TER 11 CASES. the debtor— ‘‘(C) In the case of taxes paid under a con- Section 1129(a)(9) of title 11, United States (A) identify in the schedules and the no- firmed plan or reorganization under this Code, is amended— tice, the subdivision, agency, or entity with title, the minimum rate of interest shall be (1) in subparagraph (B), by striking ‘‘and’’ respect to which such notice should be re- determined as of the calendar month in at the end; and ceived; which the plan is confirmed.’’. (2) in subparagraph (C), by striking ‘‘de- (B) provide sufficient information (such as (b) CLERICAL AMENDMENT.—The table of ferred cash payments, over a period not ex- case captions, permit numbers, taxpayer sections for chapter 5 of title 11, United ceeding six years after the date of assess- identification numbers, or similar identi- States Code, is amended by inserting after ment of such claim,’’ and all that follows fying information) to permit the govern- the item relating to section 510 the fol- through the end of the subparagraph, and in- mental unit (or subdivision thereof) entitled lowing: serting ‘‘regular installment payments— to receive such notice to identify the debtor ‘‘511. Rate of interest on tax claims.’’. ‘‘(i) of a total value, as of the effective date or the person or entity on behalf of which of the claim, equal to the allowed amount of the debtor is providing notice in any case in SEC. 705. TOLLING OF PRIORITY OF TAX CLAIM TIME PERIODS. such claim in cash, but in no case with a bal- which— Section 507(a)(8)(A) of title 11, United loon payment; and (i) the debtor may be a successor in inter- States Code, øas redesignated by section 212 ‘‘(ii) beginning not later than the effective est; or of this Act,¿ is amended— date of the plan and ending on the earlier (ii) may not be the same entity as the enti- (1) in clause (i), by inserting before the of— ty that incurred the debt or obligation; and semicolon at the end, the following: ‘‘, plus ‘‘(I) the date that is 5 years after the date (C) identify, in appropriate schedules, any time during which the stay of pro- of the filing of the petition; or served together with the notice— ceedings was in effect in a prior case under ‘‘(II) the last date payments are to be made (i) the property with respect to which the this title, plus 6 months’’; and under the plan to unsecured creditors; and’’; claim or regulatory obligation may have (2) by striking clause (ii) and inserting the and arisen, if applicable; following: (3) by adding at the end the following: (ii) the nature of such claim or regulatory ‘‘(ii) assessed within 240 days before the ‘‘(D) with respect to a secured claim which obligation; and date of the filing of the petition, exclusive would otherwise meet the description on an (iii) the purpose for which notice is being of— unsecured claim of a governmental unit given. ‘‘(I) any time during which an offer in com- under section 507(a)(8), but for the secured (c) EFFECT OF FAILURE OF NOTICE.—Section 342 of title 11, United States Code, as amend- promise with respect to that tax, was pend- status of that claim, the holder of that claim ed by subsection (a), is amended by adding at ing or in effect during that 240-day period, will receive on account of that claim, cash the end the following: plus 30 days; payments, in the same manner and over the ‘‘(i) A notice that does not comply with ‘‘(II) the lesser of— same period, as prescribed in subparagraph subsections (d) and (e) shall not be effective ‘‘(aa) any time during which an install- (C).’’. unless the debtor demonstrates by clear and ment agreement with respect to that tax was SEC. 711. AVOIDANCE OF STATUTORY TAX LIENS convincing evidence that— pending or in effect during that 240-day pe- PROHIBITED. ‘‘(1) timely notice was given in a manner riod, plus 30 days; or Section 545(2) of title 11, United States reasonably calculated to satisfy the require- ‘‘(bb) 1 year; and Code, is amended by striking the semicolon ments of this section; and ‘‘(III) any time during which a stay of pro- at the end and inserting ‘‘, except in any ‘‘(2) either— ceedings against collections was in effect in case in which a purchaser is a purchaser de- ‘‘(A) the notice was timely sent to the ad- a prior case under this title during that 240- scribed in section 6323 of the Internal Rev- dress provided in the register maintained by day period; plus 6 months.’’. enue Code of 1986, or in any other similar the clerk of the district in which the case SEC. 706. PRIORITY PROPERTY TAXES INCURRED. provision of State or local law;’’. was pending for such purposes; or Section 507(a)(9)(B) of title 11, United SEC. 712. PAYMENT OF TAXES IN THE CONDUCT ‘‘(B) no address was provided in such list States Code, øas redesignated by section 221 OF BUSINESS. for the governmental unit and that an officer of this Act,¿ is amended by striking ‘‘as- (a) PAYMENT OF TAXES REQUIRED.—Section of the governmental unit who is responsible sessed’’ and inserting ‘‘incurred’’. 960 of title 28, United States Code, is for the matter or claim had actual knowl- SEC. 707. CHAPTER 13 DISCHARGE OF FRAUDU- amended— edge of the case in sufficient time to act.’’. LENT AND OTHER TAXES. (1) by inserting ‘‘(a)’’ before ‘‘Any’’; and SEC. 703. NOTICE OF REQUEST FOR A DETER- Section 1328(a)(2) of title 11, United States (2) by adding at the end the following: MINATION OF TAXES. Code, as amended by section ø228¿ 314 of this ‘‘(b) A tax under subsection (a) shall be The second sentence of section 505(b) of Act, is amended by inserting ‘‘(1),’’ after paid when due in the conduct of business title 11, United States Code, is amended by ‘‘paragraph’’. unless— striking ‘‘Unless’’ and inserting ‘‘If the re- SEC. 708. CHAPTER 11 DISCHARGE OF FRAUDU- ‘‘(1) the tax is a property tax secured by a quest is made substantially in the manner LENT TAXES. lien against property that is abandoned designated by the governmental unit and un- Section 1141(d) of title 11, United States within a reasonable period of time after the less’’. Code, is amended by adding at the end the lien attaches, by the trustee of a bankruptcy SEC. 704. RATE OF INTEREST ON TAX CLAIMS. following: estate, under section 554 of title 11; or (a) IN GENERAL.—Subchapter I of chapter 5 ‘‘(5) Notwithstanding paragraph (1), the ‘‘(2) payment of the tax is excused under a of title 11, United States Code, is amended by confirmation of a plan does not discharge a specific provision of title 11. adding at the end the following: debtor that is a corporation from any debt ‘‘(c) In a case pending under chapter 7 of ‘‘§ 511. Rate of interest on tax claims for a tax or customs duty with respect to title 11, payment of a tax may be deferred ‘‘If any provision of this title requires the which the debtor— until final distribution is made under section payment of interest on a tax claim or the ‘‘(A) made a fraudulent return; or 726 of title 11, if— payment of interest to enable a creditor to ‘‘(B) willfully attempted in any manner to ‘‘(1) the tax was not incurred by a trustee receive the present value of the allowed evade or defeat that tax or duty.’’. duly appointed under chapter 7 of title 11; or amount of a tax claim, the rate of interest SEC. 709. STAY OF TAX PROCEEDINGS. ‘‘(2) before the due date of the tax, the shall be as follows: (a) SECTION 362 STAY LIMITED TO court makes a finding of probable insuffi- ‘‘(1) In the case of secured tax claims, unse- PREPETITION TAXES.—Section 362(a)(8) of ciency of funds of the estate to pay in full cured ad valorem tax claims, other unse- title 11, United States Code, is amended by the administrative expenses allowed under cured tax claims in which interest is re- inserting before the semicolon at the end the section 503(b) of title 11 that have the same quired to be paid under section 726(a)(5), and following: ‘‘, with respect to a tax liability priority in distribution under section 726(b) administrative tax claims paid under section for a taxable period ending before the order of title 11 as the priority of that tax.’’. 503(b)(1), the rate shall be determined under for relief under section 301, 302, or 303’’. (b) PAYMENT OF AD VALOREM TAXES RE- applicable nonbankruptcy law. (b) APPEAL OF TAX COURT DECISIONS PER- QUIRED.—Section 503(b)(1)(B)(i) of title 11, ‘‘(2)(A) In the case of any tax claim other MITTED.—Section 362(b)(9) of title 11, United United States Code, is amended by inserting than a claim described in paragraph (1), the States Code, is amended— ‘‘whether secured or unsecured, including October 5, 1999 CONGRESSIONAL RECORD — SENATE S12031

property taxes for which liability is in rem, (b) ADDITIONAL TIME PERMITTED FOR FILING (e) RULES FOR OBJECTIONS TO CLAIMS AND in personam, or both,’’ before ‘‘except’’. TAX RETURNS.— TO CONFIRMATION.—It is the sense of Con- (c) REQUEST FOR PAYMENT OF ADMINISTRA- (1) IN GENERAL.—Chapter 13 of title 11, gress that the Advisory Committee on Bank- TIVE EXPENSE TAXES ELIMINATED.—Section United States Code, as amended by section ruptcy Rules of the Judicial Conference 503(b)(1) of title 11, United States Code, is 309(c) of this Act, is amended by adding at should, within a reasonable period of time amended— the end the following: after the date of enactment of this Act, pro- (1) in subparagraph (B), by striking ‘‘and’’ ‘‘§ 1309. Filing of prepetition tax returns pose for adoption amended Federal Rules of at the end; ‘‘(a) Not later than the day before the day Bankruptcy Procedure which provide that— (2) in subparagraph (C), by adding ‘‘and’’ at on which the first meeting of the creditors is (1) notwithstanding the provisions of Rule the end; and convened under section 341(a), the debtor 3015(f), in cases under chapter 13 of title 11, (3) by adding at the end the following: shall file with appropriate tax authorities all United States Code, a governmental unit ‘‘(D) notwithstanding the requirements of tax returns for all taxable periods ending may object to the confirmation of a plan on subsection (a), a governmental unit shall not during the 3-year period ending on the date or before the date that is 60 days after the be required to file a request for the payment of the filing of the petition. date on which the debtor files all tax returns of a claim described in subparagraph (B) or ‘‘(b)(1) Subject to paragraph (2), if the tax required under sections 1309 and 1325(a)(7) of (C);’’. returns required by subsection (a) have not title 11, United States Code; and (d) PAYMENT OF TAXES AND FEES AS SE- been filed by the date on which the first (2) in addition to the provisions of Rule CURED CLAIMS.—Section 506 of title 11, meeting of creditors is convened under sec- 3007, in a case under chapter 13 of title 11, United States Code, is amended— tion 341(a), the trustee may continue that United States Code, no objection to a tax (1) in subsection (b), by inserting ‘‘or State meeting for a reasonable period of time to with respect to which a return is required to statute’’ after ‘‘agreement’’; and allow the debtor an additional period of time be filed under section 1309 of title 11, United (2) in subsection (c), by inserting ‘‘, includ- to file any unfiled returns, but such addi- States Code, shall be filed until such return ing the payment of all ad valorem property tional period of time shall not extend has been filed as required. taxes with respect to the property’’ before beyond— the period at the end. SEC. 717. STANDARDS FOR TAX DISCLOSURE. ‘‘(A) for any return that is past due as of Section 1125(a)(1) of title 11, United States SEC. 713. TARDILY FILED PRIORITY TAX CLAIMS. the date of the filing of the petition, the date Code, is amended— Section 726(a)(1) of title 11, United States that is 120 days after the date of that first Code, is amended by striking ‘‘before the (1) by inserting ‘‘including a full discussion meeting; or date on which the trustee commences dis- of the potential material, Federal, State, and tribution under this section;’’ and inserting ‘‘(B) for any return that is not past due as local tax consequences of the plan to the the following: ‘‘on or before the earlier of— of the date of the filing of the petition, the debtor, any successor to the debtor, and a ‘‘(A) the date that is 10 days after the mail- later of— hypothetical investor domiciled in the State ing to creditors of the summary of the trust- ‘‘(i) the date that is 120 days after the date in which the debtor resides or has its prin- ee’s final report; or of that first meeting; or cipal place of business typical of the holders ‘‘(B) the date on which the trustee com- ‘‘(ii) the date on which the return is due of claims or interests in the case,’’ after mences final distribution under this sec- under the last automatic extension of time ‘‘records’’; and tion;’’. for filing that return to which the debtor is (2) by striking ‘‘a hypothetical reasonable SEC. 714. INCOME TAX RETURNS PREPARED BY entitled, and for which request has been investor typical of holders of claims or inter- TAX AUTHORITIES. timely made, according to applicable non- ests’’ and inserting ‘‘such a hypothetical in- Section 523(a) of title 11, United States bankruptcy law. vestor’’. Code, is amended— ‘‘(2) Upon notice and hearing, and order en- SEC. 718. SETOFF OF TAX REFUNDS. (1) in paragraph (1)(B)— tered before the tolling of any applicable fil- Section 362(b) of title 11, United States (A) by inserting ‘‘or equivalent report or ing period determined under this subsection, Code, as amended by section 402 of this Act, notice,’’ after ‘‘a return,’’; if the debtor demonstrates by clear and con- is amended— (B) in clause (i)— vincing evidence that the failure to file a re- (1) in paragraph (25), by striking ‘‘or’’ at (i) by inserting ‘‘or given’’ after ‘‘filed’’; turn as required under this subsection is at- the end; and tributable to circumstances beyond the con- (2) in paragraph (26), by striking the period (ii) by striking ‘‘or’’ at the end; and trol of the debtor, the court may extend the at the end and inserting ‘‘; or’’; and (C) in clause (ii)— filing period established by the trustee under (3) by inserting after paragraph (26) the fol- (i) by inserting ‘‘or given’’ after ‘‘filed’’; this subsection for— lowing: and ‘‘(A) a period of not more than 30 days for ‘‘(27) under subsection (a), of the setoff of (ii) by inserting ‘‘, report, or notice’’ after returns described in paragraph (1); and an income tax refund, by a governmental ‘‘return’’; and ‘‘(B) a period not to extend after the appli- unit, with respect to a taxable period that (2) by adding at the end the following flush cable extended due date for a return de- ended before the order for relief against an sentences: scribed in paragraph (2). income tax liability for a taxable period that ‘‘For purposes of this subsection, the term ‘‘(c) For purposes of this section, the term also ended before the order for relief, ‘return’ means a return that satisfies the re- ‘return’ includes a return prepared pursuant unless— quirements of applicable nonbankruptcy law to section 6020 (a) or (b) of the Internal Rev- ‘‘(A) before that setoff, an action to deter- enue Code of 1986, or a similar State or local (including applicable filing requirements). mine the amount or legality of that tax li- law, or written stipulation to a judgment en- Such term includes a return prepared pursu- ability under section 505(a) was commenced; tered by a nonbankruptcy tribunal.’’. ant to section 6020(a) of the Internal Revenue or (2) CONFORMING AMENDMENT.—The table of Code of 1986, or similar State or local law, or ‘‘(B) in any case in which the setoff of an a written stipulation to a judgment entered sections for chapter 13 of title 11, United States Code, is amended by inserting after income tax refund is not permitted because by a nonbankruptcy tribunal, but does not of a pending action to determine the amount include a return made pursuant to section the item relating to section 1308 the fol- lowing: or legality of a tax liability, in which case 6020(b) of the Internal Revenue Code of 1986, the governmental unit may hold the refund or a similar State or local law.’’. ‘‘1309. Filing of prepetition tax returns.’’. pending the resolution of the action.’’. SEC. 715. DISCHARGE OF THE ESTATE’S LIABIL- (c) DISMISSAL OR CONVERSION ON FAILURE ITY FOR UNPAID TAXES. TO COMPLY.—Section 1307 of title 11, United TITLE VIII—ANCILLARY AND OTHER The second sentence of section 505(b) of States Code, is amended— CROSS-BORDER CASES title 11, United States Code, as amended by (1) by redesignating subsections (e) and (f) SEC. 801. AMENDMENT TO ADD CHAPTER 15 TO section 703 of this Act, is amended by insert- as subsections (f) and (g), respectively; and TITLE 11, UNITED STATES CODE. ing ‘‘the estate,’’ after ‘‘misrepresentation,’’. (2) by inserting after subsection (d), the (a) IN GENERAL.—Title 11, United States SEC. 716. REQUIREMENT TO FILE TAX RETURNS following: Code, is amended by inserting after chapter TO CONFIRM CHAPTER 13 PLANS. ‘‘(e) Upon the failure of the debtor to file a 13 the following: (a) FILING OF PREPETITION TAX RETURNS tax return under section 1309, on request of a ‘‘CHAPTER 15—ANCILLARY AND OTHER REQUIRED FOR PLAN CONFIRMATION.—Section party in interest or the United States trust- CROSS-BORDER CASES 1325(a) of title 11, United States Code, as ee and after notice and a hearing, the court ‘‘Sec. amended by section ø212¿ 213 and 306 of this shall dismiss the case.’’. ‘‘1501. Purpose and scope of application. Act, is amended— (d) TIMELY FILED CLAIMS.—Section 502(b)(9) ‘‘SUBCHAPTER I—GENERAL PROVISIONS (1) in paragraph (6), by striking ‘‘and’’ at of title 11, United States Code, is amended by ‘‘1502. Definitions. inserting before the period at the end the fol- the end; ‘‘1503. International obligations of the lowing ‘‘, and except that in a case under (2) in paragraph (7), by striking the period United States. at the end and inserting ‘‘; and’’; and chapter 13 øof this title¿, a claim of a gov- ‘‘1504. Commencement of ancillary case. (3) by øadding at the end the following:¿ in- ernmental unit for a tax with respect to a re- ‘‘1505. Authorization to act in a foreign serting after paragraph (7) the following: turn filed under section 1309 shall be timely country. ‘‘(8) if the debtor has filed all applicable if the claim is filed on or before the date that ‘‘1506. Public policy exception. Federal, State, and local tax returns as re- is 60 days after that return was filed in ac- ‘‘1507. Additional assistance. quired by section 1309.’’. cordance with applicable requirements’’. ‘‘1508. Interpretation. S12032 CONGRESSIONAL RECORD — SENATE October 5, 1999 ‘‘SUBCHAPTER II—ACCESS OF FOREIGN ‘‘(b) This chapter applies if— any way permitted by the applicable foreign REPRESENTATIVES AND CREDITORS ‘‘(1) assistance is sought in the United law. TO THE COURT States by a foreign court or a foreign rep- ‘‘§ 1506. Public policy exception ‘‘1509. Right of direct access. resentative in connection with a foreign pro- ‘‘Nothing in this chapter prevents the ‘‘1510. Limited jurisdiction. ceeding; court from refusing to take an action gov- ‘‘1511. Commencement of case under section ‘‘(2) assistance is sought in a foreign coun- erned by this chapter if the action would be 301 or 303. try in connection with a case under this manifestly contrary to the public policy of ‘‘1512. Participation of a foreign representa- title; the United States. ‘‘(3) a foreign proceeding and a case under tive in a case under this title. ‘‘§ 1507. Additional assistance ‘‘1513. Access of foreign creditors to a case this title with respect to the same debtor are ‘‘(a) Subject to the specific limitations under this title. taking place concurrently; or under other provisions of this chapter, the ‘‘1514. Notification to foreign creditors con- ‘‘(4) creditors or other interested persons court, upon recognition of a foreign pro- cerning a case under this title. in a foreign country have an interest in re- questing the commencement of, or partici- ceeding, may provide additional assistance ‘‘SUBCHAPTER III—RECOGNITION OF A pating in, a case or proceeding under this to a foreign representative under this title or FOREIGN PROCEEDING AND RELIEF title. under other laws of the United States. ‘‘1515. Application for recognition of a for- ‘‘(c) This chapter does not apply to— ‘‘(b) In determining whether to provide ad- eign proceeding. ‘‘(1) a proceeding concerning an entity ditional assistance under this title or under ‘‘1516. Presumptions concerning recognition. identified by exclusion in subsection 109(b); other laws of the United States, the court ‘‘1517. Order recognizing a foreign pro- ‘‘(2) an individual, or to an individual and shall consider whether such additional as- ceeding. such individual’s spouse, who have debts sistance, consistent with the principles of ‘‘1518. Subsequent information. within the limits specified in section 109(e) comity, will reasonably assure— ‘‘1519. Relief that may be granted upon peti- and who are citizens of the United States or ‘‘(1) just treatment of all holders of claims tion for recognition of a foreign aliens lawfully admitted for permanent resi- against or interests in the debtor’s property; proceeding. dence in the United States; or ‘‘(2) protection of claim holders in the ‘‘1520. Effects of recognition of a foreign ‘‘(3) an entity subject to a proceeding United States against prejudice and incon- main proceeding. under the Securities Investor Protection Act venience in the processing of claims in such ‘‘1521. Relief that may be granted upon rec- of 1970 (84 Stat. 1636 et seq.), a stockbroker foreign proceeding; ognition of a foreign pro- subject to subchapter III of chapter 7 of this ‘‘(3) prevention of preferential or fraudu- ceeding. title, or a commodity broker subject to sub- lent dispositions of property of the debtor; ‘‘1522. Protection of creditors and other in- chapter IV of chapter 7 of this title. ‘‘(4) distribution of proceeds of the debtor’s terested persons. property substantially in accordance with ‘‘SUBCHAPTER I—GENERAL PROVISIONS ‘‘1523. Actions to avoid acts detrimental to the order prescribed by this title; and creditors. ‘‘§ 1502. Definitions ‘‘(5) if appropriate, the provision of an op- ‘‘1524. Intervention by a foreign representa- ‘‘For the purposes of this chapter, the portunity for a fresh start for the individual tive. term— that such foreign proceeding concerns. ‘‘SUBCHAPTER IV—COOPERATION WITH ‘‘(1) ‘debtor’ means an entity that is the ‘‘§ 1508. Interpretation FOREIGN COURTS AND FOREIGN REP- subject of a foreign proceeding; ‘‘In interpreting this chapter, the court RESENTATIVES ‘‘(2) ‘establishment’ means any place of op- shall consider its international origin, and erations where the debtor carries out a non- ‘‘1525. Cooperation and direct communica- the need to promote an application of this transitory economic activity; tion between the court and for- chapter that is consistent with the applica- ‘‘(3) ‘foreign court’ means a judicial or eign courts or foreign rep- tion of similar statutes adopted by foreign other authority competent to control or su- resentatives. jurisdictions. pervise a foreign proceeding; ‘‘1526. Cooperation and direct communica- ‘‘SUBCHAPTER II—ACCESS OF FOREIGN ‘‘(4) ‘foreign main proceeding’ means a for- tion between the trustee and REPRESENTATIVES AND CREDITORS eign proceeding taking place in the country foreign courts or foreign rep- TO THE COURT where the debtor has the center of its main resentatives. interests; ‘‘§ 1509. Right of direct access ‘‘1527. Forms of cooperation. ‘‘(5) ‘foreign nonmain proceeding’ means a ‘‘(a) A foreign representative is entitled to ‘‘SUBCHAPTER V—CONCURRENT foreign proceeding, other than a foreign commence a case under section 1504 by filing PROCEEDINGS main proceeding, taking place in a country a petition for recognition under section 1515, ‘‘1528. Commencement of a case under this where the debtor has an establishment; and upon recognition, to apply directly to title after recognition of a for- ‘‘(6) ‘trustee’ includes a trustee, a debtor in other Federal and State courts for appro- eign main proceeding. possession in a case under any chapter of priate relief in those courts. ‘‘1529. Coordination of a case under this title this title, or a debtor under chapter 9 of this ‘‘(b) Upon recognition, and subject to sec- and a foreign proceeding. title; and tion 1510, a foreign representative shall have ‘‘1530. Coordination of more than 1 foreign ‘‘(7) ‘within the territorial jurisdiction of the capacity to sue and be sued, and shall be proceeding. the United States’ when used with reference subject to the laws of the United States of ‘‘1531. Presumption of insolvency based on to property of a debtor refers to tangible general applicability. recognition of a foreign main property located within the territory of the ‘‘(c) Subject to section 1510, a foreign rep- proceeding. United States and intangible property resentative is subject to laws of general ap- ‘‘1532. Rule of payment in concurrent pro- deemed under applicable nonbankruptcy law plication. ceedings. to be located within that territory, including ‘‘(d) Recognition under this chapter is pre- requisite to the granting of comity or co- ‘‘§ 1501. Purpose and scope of application any property subject to attachment or gar- nishment that may properly be seized or gar- operation to a foreign representative in any ‘‘(a) The purpose of this chapter is to in- nished by an action in a Federal or State Federal or State court in the United States. corporate the Model Law on Cross-Border In- court in the United States. Any request for comity or cooperation by a solvency so as to provide effective mecha- foreign representative in any court shall be ‘‘§ 1503. International obligations of the nisms for dealing with cases of cross-border accompanied by a sworn statement setting United States insolvency with the objectives of— forth whether recognition under section 1515 ‘‘(1) cooperation between— ‘‘To the extent that this chapter conflicts has been sought and the status of any such ‘‘(A) United States courts, United States with an obligation of the United States aris- petition. Trustees, trustees, examiners, debtors, and ing out of any treaty or other form of agree- ‘‘(e) Upon denial of recognition under this debtors in possession; and ment to which it is a party with 1 or more chapter, the court may issue appropriate or- ‘‘(B) the courts and other competent au- other countries, the requirements of the ders necessary to prevent an attempt to ob- thorities of foreign countries involved in treaty or agreement prevail. tain comity or cooperation from courts in cross-border insolvency cases; ‘‘§ 1504. Commencement of ancillary case the United States without such recognition. ‘‘(2) greater legal certainty for trade and ‘‘A case under this chapter is commenced ‘‘§ 1510. Limited jurisdiction investment; by the filing of a petition for recognition of ‘‘(3) fair and efficient administration of ‘‘The sole fact that a foreign representa- a foreign proceeding under section 1515. cross-border insolvencies that protects the tive files a petition under section 1515 does interests of all creditors, and other inter- ‘‘§ 1505. Authorization to act in a foreign not subject the foreign representative to the ested entities, including the debtor; country jurisdiction of any court in the United ‘‘(4) protection and maximization of the ‘‘A trustee or another entity, including an States for any other purpose. value of the debtor’s assets; and examiner, may be authorized by the court to ‘‘§ 1511. Commencement of case under section ‘‘(5) facilitation of the rescue of financially act in a foreign country on behalf of an es- 301 or 303 troubled businesses, thereby protecting in- tate created under section 541. An entity au- ‘‘(a) Upon recognition, a foreign represent- vestment and preserving employment. thorized to act under this section may act in ative may commence— October 5, 1999 CONGRESSIONAL RECORD — SENATE S12033 ‘‘(1) an involuntary case under section 303; ‘‘SUBCHAPTER III—RECOGNITION OF A the manner prescribed for a case under sec- or FOREIGN PROCEEDING AND RELIEF tion 350. ‘‘(2) a voluntary case under section 301 or ‘‘§ 1515. Application for recognition of a for- ‘‘§ 1518. Subsequent information 302, if the foreign proceeding is a foreign eign proceeding ‘‘After øthe¿ the petition for recognition of main proceeding. ‘‘(a) A foreign representative applies to the the foreign proceeding is filed, the foreign ‘‘(b) The petition commencing a case under court for recognition of the foreign pro- representative shall file with the court subsection (a) must be accompanied by a ceeding in which the foreign representative promptly a notice of change of status statement describing the petition for rec- has been appointed by filing a petition for concerning— ognition and its current status. The court recognition. ‘‘(1) any substantial change in the status of where the petition for recognition has been ‘‘(b) A petition for recognition shall be ac- the foreign proceeding or the status of the filed must be advised of the foreign rep- companied by— foreign representative’s appointment; and resentative’s intent to commence a case ‘‘(1) a certified copy of the decision com- ‘‘(2) any other foreign proceeding regarding under subsection (a) prior to such com- mencing the foreign proceeding and appoint- the debtor that becomes known to the for- mencement. ing the foreign representative; eign representative. ‘‘§ 1512. Participation of a foreign representa- ‘‘(2) a certificate from the foreign court af- ‘‘§ 1519. Relief that may be granted upon peti- tive in a case under this title firming the existence of the foreign pro- tion for recognition of a foreign proceeding ceeding and of the appointment of the for- ‘‘(a) Beginning on the date on which a peti- ‘‘Upon recognition of a foreign proceeding, eign representative; or tion for recognition is filed and ending on the foreign representative in that proceeding ‘‘(3) in the absence of evidence referred to the date on which the petition is decided is entitled to participate as a party in inter- in paragraphs (1) and (2), any other evidence upon, the court may, at the request of the est in a case regarding the debtor under this acceptable to the court of the existence of foreign representative, where relief is ur- title. the foreign proceeding and of the appoint- gently needed to protect the assets of the ment of the foreign representative. ‘‘§ 1513. Access of foreign creditors to a case debtor or the interests of the creditors, grant ‘‘(c) A petition for recognition shall also be under this title relief of a provisional nature, including— accompanied by a statement identifying all ‘‘(1) staying execution against the debtor’s ‘‘(a) Foreign creditors have the same rights foreign proceedings with respect to the debt- assets; regarding the commencement of, and partici- or that are known to the foreign representa- ‘‘(2) entrusting the administration or real- pation in, a case under this title as domestic tive. ization of all or part of the debtor’s assets lo- creditors. ‘‘(d) The documents referred to in para- cated in the United States to the foreign rep- ‘‘(b)(1) Subsection (a) does not change or graphs (1) and (2) of subsection (b) must be resentative or another person authorized by codify law in effect on the date of enactment translated into English. The court may re- the court, including an examiner, in order to of this chapter as to the priority of claims quire a translation into English of additional protect and preserve the value of assets that, under section 507 or 726, except that the documents. by their nature or because of other cir- claim of a foreign creditor under section 507 ‘‘§ 1516. Presumptions concerning recognition or 726 shall not be given a lower priority cumstances, are perishable, susceptible to than that of general unsecured claims with- ‘‘(a) If the decision or certificate referred devaluation, or otherwise in jeopardy; and out priority solely because the holder of such to in section 1515(b) indicates that the for- ‘‘(3) any relief referred to in paragraph (3), claim is a foreign creditor. eign proceeding is a foreign proceeding as de- (4), or (7) of section 1521(a). fined in section 101 and that the person or ‘‘(b) Unless extended under section ‘‘(2)(A) Subsection (a) and paragraph (1) do body is a foreign representative as defined in 1521(a)(6), the relief granted under this sec- not change or codify law in effect on the date section 101, the court is entitled to so pre- tion terminates when the petition for rec- of enactment of this chapter as to the allow- sume. ognition is decided upon. ability of foreign revenue claims or other ‘‘(b) The court is entitled to presume that ‘‘(c) It is a ground for denial of relief under foreign public law claims in a proceeding documents submitted in support of the peti- this section that such relief would interfere under this title. tion for recognition are authentic, whether with the administration of a foreign main ‘‘(B) Allowance and priority as to a foreign or not they have been legalized. proceeding. tax claim or other foreign public law claim ‘‘(c) In the absence of evidence to the con- ‘‘(d) The court may not enjoin a police or shall be governed by any applicable tax trea- trary, the debtor’s registered office, or habit- regulatory act of a governmental unit, in- ty of the United States, under the conditions ual residence in the case of an individual, is cluding a criminal action or proceeding, and circumstances specified therein. presumed to be the center of the debtor’s under this section. ‘‘§ 1514. Notification to foreign creditors con- main interests. ‘‘(e) The standards, procedures, and limita- cerning a case under this title ‘‘§ 1517. Order recognizing a foreign pro- tions applicable to an injunction shall apply ceeding to relief under this section. ‘‘(a) Whenever in a case under this title no- ‘‘§ 1520. Effects of recognition of a foreign tice is to be given to creditors generally or ‘‘(a) Subject to section 1506, after notice main proceeding to any class or category of creditors, such and a hearing an order recognizing a foreign notice shall also be given to the known proceeding shall be entered if— ‘‘(a) Upon recognition of a foreign pro- creditors generally, or to creditors in the no- ‘‘(1) the foreign proceeding is a foreign ceeding that is a foreign main proceeding— tified class or category, that do not have ad- main proceeding or foreign nonmain pro- ‘‘(1) section 362 applies with respect to the dresses in the United States. The court may ceeding within the meaning of section 1502; debtor and that property of the debtor that order that appropriate steps be taken with a ‘‘(2) the foreign representative applying for is within the territorial jurisdiction of the view to notifying any creditor whose address recognition is a person or body as defined in United States; is not yet known. section 101; and ‘‘(2) a transfer, an encumbrance, or any ‘‘(3) the petition meets the requirements of other disposition of an interest of the debtor ‘‘(b) Such notification to creditors with section 1515. in property within the territorial jurisdic- foreign addresses described in subsection (a) ‘‘(b) The foreign proceeding shall be tion of the United States is restrained as and shall be given individually, unless the court recognized— to the extent that is provided for property of considers that, under the circumstances, ‘‘(1) as a foreign main proceeding if it is an estate under sections 363, 549, and 552; and some other form of notification would be taking place in the country where the debtor ‘‘(3) unless the court orders otherwise, the more appropriate. No letters rogatory or has the center of its main interests; or foreign representative may operate the debt- other similar formality is required. ‘‘(2) as a foreign nonmain proceeding if the or’s business and may exercise the powers of ‘‘(c) When a notification of commencement debtor has an establishment within the a trustee under section 549, subject to sec- of a case is to be given to foreign creditors, meaning of section 1502 in the foreign coun- tions 363 and 552. the notification shall— try where the proceeding is pending. ‘‘(b) The scope, and the modification or ‘‘(1) indicate the time period for filing ‘‘(c) A petition for recognition of a foreign termination, of the stay and restraints re- proofs of claim and specify the place for proceeding shall be decided upon at the ear- ferred to in subsection (a) are subject to the their filing; liest possible time. Entry of an order recog- exceptions and limitations provided in sub- ‘‘(2) indicate whether secured creditors nizing a foreign proceeding shall constitute sections (b), (c), and (d) of section 362, sub- need to file their proofs of claim; and recognition under this chapter. sections (b) and (c) of section 363, and sec- ‘‘(3) contain any other information re- ‘‘(d) The provisions of this subchapter do tions 552, 555 through 557, 559, and 560. quired to be included in such a notification not prevent modification or termination of ‘‘(c) Subsection (a) does not affect the to creditors pursuant to this title and the or- recognition if it is shown that the grounds right to commence individual actions or pro- ders of the court. for granting it were fully or partially lack- ceedings in a foreign country to the extent ‘‘(d) Any rule of procedure or order of the ing or have ceased to exist, but in consid- necessary to preserve a claim against the court as to notice or the filing of a claim ering such action the court shall give due debtor. shall provide such additional time to credi- weight to possible prejudice to parties that ‘‘(d) Subsection (a) does not affect the tors with foreign addresses as is reasonable have relied upon the granting of recognition. right of a foreign representative or an entity under the circumstances. The case under this chapter may be closed in to file a petition commencing a case under S12034 CONGRESSIONAL RECORD — SENATE October 5, 1999 this title or the right of any party to file ter. Any examiner shall comply with the and coordination under sections 1525, 1526, claims or take other proper actions in such qualification requirements imposed on a and 1527, to other assets of the debtor that a case. trustee by section 322. are within the jurisdiction of the court under ‘‘§ 1521. Relief that may be granted upon rec- ‘‘§ 1523. Actions to avoid acts detrimental to sections 541(a), and 1334(e) of title 28, to the ognition of a foreign proceeding creditors extent that such other assets are not subject to the jurisdiction and control of a foreign ‘‘(a) Upon recognition of a foreign pro- ‘‘(a) Upon recognition of a foreign pro- proceeding that has been recognized under ceeding, whether main or nonmain, where ceeding, the foreign representative has this chapter. necessary to effectuate the purpose of this standing in a case concerning the debtor chapter and to protect the assets of the debt- pending under another chapter of this title ‘‘§ 1529. Coordination of a case under this or or the interests of the creditors, the court to initiate actions under sections 522, 544, title and a foreign proceeding may, at the request of the foreign represent- 545, 547, 548, 550, and 724(a). ‘‘In any case in which a foreign proceeding ative, grant any appropriate relief, ‘‘(b) In any case in which the foreign pro- and a case under another chapter of this title including— ceeding is a foreign nonmain proceeding, the are taking place concurrently regarding the ‘‘(1) staying the commencement or con- court must be satisfied that an action under same debtor, the court shall seek coopera- tinuation of individual actions or individual subsection (a) relates to assets that, under tion and coordination under sections 1525, proceedings concerning the debtor’s assets, United States law, should be administered in 1526, and 1527, and the following shall apply: rights, obligations or liabilities to the extent the foreign nonmain proceeding. ‘‘(1) If the case in the United States is tak- the actions or proceedings have not been ing place at the time the petition for rec- stayed under section 1520(a); ‘‘§ 1524. Intervention by a foreign representa- tive ognition of the foreign proceeding is filed— ‘‘(2) staying execution against the debtor’s ‘‘(A) any relief granted under sections 1519 ‘‘Upon recognition of a foreign proceeding, assets to the extent the execution has not or 1521 must be consistent with the relief the foreign representative may intervene in been stayed under section 1520(a); granted in the case in the United States; and any proceedings in a State or Federal court ‘‘(3) suspending the right to transfer, en- ‘‘(B) even if the foreign proceeding is rec- in the United States in which the debtor is a cumber or otherwise dispose of any assets of ognized as a foreign main proceeding, section party. the debtor to the extent that right has not 1520 does not apply. been suspended under section 1520(a); ‘‘SUBCHAPTER IV—COOPERATION WITH ‘‘(2) If a case in the United States under ‘‘(4) providing for the examination of wit- FOREIGN COURTS AND FOREIGN REP- this title commences after recognition, or nesses, the taking of evidence or the delivery RESENTATIVES after the filing of the petition for recogni- of information concerning the debtor’s as- ‘‘§ 1525. Cooperation and direct communica- tion, of the foreign proceeding— sets, affairs, rights, obligations or liabilities; tion between the court and foreign courts ‘‘(A) any relief in effect under sections 1519 ‘‘(5) entrusting the administration or real- or foreign representatives or 1521 shall be reviewed by the court and ization of all or part of the debtor’s assets ‘‘(a) Consistent with section 1501, the court shall be modified or terminated if incon- within the territorial jurisdiction of the shall cooperate to the maximum extent pos- sistent with the case in the United States; United States to the foreign representative sible with foreign courts or foreign rep- and or another person, including an examiner, resentatives, either directly or through the ‘‘(B) if the foreign proceeding is a foreign authorized by the court; trustee. main proceeding, the stay and suspension re- ‘‘(6) extending relief granted under section ‘‘(b) The court is entitled to communicate ferred to in section 1520(a) shall be modified 1519(a); and directly with, or to request information or or terminated if inconsistent with the relief ‘‘(7) granting any additional relief that assistance directly from, foreign courts or granted in the case in the United States. may be available to a trustee, except for re- foreign representatives, subject to the rights ‘‘(3) In granting, extending, or modifying lief available under sections 522, 544, 545, 547, of parties in interest to notice and participa- relief granted to a representative of a foreign 548, 550, and 724(a). tion. nonmain proceeding, the court must be satis- ‘‘(b) Upon recognition of a foreign pro- fied that the relief relates to assets that, ‘‘§ 1526. Cooperation and direct communica- ceeding, whether main or nonmain, the court under the law of the United States, should be tion between the trustee and foreign courts may, at the request of the foreign represent- administered in the foreign nonmain pro- ative, entrust the distribution of all or part or foreign representatives ceeding or concerns information required in of the debtor’s assets located in the United ‘‘(a) Consistent with section 1501, the trust- that proceeding. States to the foreign representative or an- ee or other person, including an examiner, ‘‘(4) In achieving cooperation and coordina- other person, including an examiner, author- authorized by the court, shall, subject to the tion under sections 1528 and 1529, the court ized by the court, if the court is satisfied supervision of the court, cooperate to the may grant any of the relief authorized under that the interests of creditors in the United maximum extent possible with foreign section 305. States are sufficiently protected. courts or foreign representatives. ‘‘(c) In granting relief under this section to ‘‘(b) The trustee or other person, including ‘‘§ 1530. Coordination of more than 1 foreign a representative of a foreign nonmain pro- an examiner, authorized by the court is enti- proceeding ceeding, the court must be satisfied that the tled, subject to the supervision of the court, ‘‘In matters referred to in section 1501, relief relates to assets that, under the law of to communicate directly with foreign courts with respect to more than 1 foreign pro- the United States, should be administered in or foreign representatives. ceeding regarding the debtor, the court shall the foreign nonmain proceeding or concerns seek cooperation and coordination under sec- ‘‘§ 1527. Forms of cooperation information required in that proceeding. tions 1525, 1526, and 1527, and the following ‘‘(d) The court may not enjoin a police or ‘‘Cooperation referred to in sections 1525 shall apply: regulatory act of a governmental unit, in- and 1526 may be implemented by any appro- ‘‘(1) Any relief granted under section 1519 cluding a criminal action or proceeding, priate means, including— or 1521 to a representative of a foreign under this section. ‘‘(1) appointment of a person or body, in- nonmain proceeding after recognition of a ‘‘(e) The standards, procedures, and limita- cluding an examiner, to act at the direction foreign main proceeding must be consistent tions applicable to an injunction shall apply of the court; with the foreign main proceeding. to relief under paragraphs (1), (2), (3), and (6) ‘‘(2) communication of information by any ‘‘(2) If a foreign main proceeding is recog- of subsection (a). means considered appropriate by the court; nized after recognition, or after the filing of ‘‘§ 1522. Protection of creditors and other in- ‘‘(3) coordination of the administration and a petition for recognition, of a foreign terested persons supervision of the debtor’s assets and affairs; nonmain proceeding, any relief in effect ‘‘(a) The court may grant relief under sec- ‘‘(4) approval or implementation of agree- under section 1519 or 1521 shall be reviewed tion 1519 or 1521, or may modify or terminate ments concerning the coordination of pro- by the court and shall be modified or termi- relief under subsection (c), only if the inter- ceedings; and nated if inconsistent with the foreign main ests of the creditors and other interested en- ‘‘(5) coordination of concurrent pro- proceeding. tities, including the debtor, are sufficiently ceedings regarding the same debtor. ‘‘(3) If, after recognition of a foreign protected. ‘‘SUBCHAPTER V—CONCURRENT nonmain proceeding, another foreign ‘‘(b) The court may subject relief granted PROCEEDINGS nonmain proceeding is recognized, the court under section 1519 or 1521, or the operation of ‘‘§ 1528. Commencement of a case under this shall grant, modify, or terminate relief for the debtor’s business under section 1520(a)(2), title after recognition of a foreign main the purpose of facilitating coordination of to conditions that the court considers to be proceeding the proceedings. appropriate, including the giving of security or the filing of a bond. ‘‘After recognition of a foreign main pro- ‘‘§ 1531. Presumption of insolvency based on ‘‘(c) The court may, at the request of the ceeding, a case under another chapter of this recognition of a foreign main proceeding foreign representative or an entity affected title may be commenced only if the debtor ‘‘In the absence of evidence to the con- by relief granted under section 1519 or 1521, has assets in the United States. The effects trary, recognition of a foreign main pro- or at its own motion, modify or terminate of such case shall be restricted to the assets ceeding is for the purpose of commencing a the relief referred to in subsection (b). of the debtor that are within the territorial proceeding under section 303, proof that the ‘‘(d) Section 1104(d) shall apply to the ap- jurisdiction of the United States and, to the debtor is generally not paying its debts as pointment of an examiner under this chap- extent necessary to implement cooperation such debts become due. October 5, 1999 CONGRESSIONAL RECORD — SENATE S12035 ‘‘§ 1532. Rule of payment in concurrent pro- ‘‘(3) the term ‘United States claimant’ against the transfer of funds by the trans- ceedings means a beneficiary of any deposit referred feree of such certificate of deposit, eligible ‘‘Without prejudice to secured claims or to in subsection (b) or any multibeneficiary bankers’ acceptance, security, loan, or inter- rights in rem, a creditor who has received trust referred to in subsection (b); est; payment with respect to its claim in a for- ‘‘(4) the term ‘United States creditor’ with a simultaneous agreement by such eign proceeding pursuant to a law relating to means, with respect to a foreign insurance transferee to transfer to the transferor insolvency may not receive a payment for company— thereof a certificate of deposit, eligible the same claim in a case under any other ‘‘(i) a United States claimant; or bankers’ acceptance, security, loan, or inter- chapter of this title regarding the debtor, so ‘‘(ii) any business entity that operates in est of the kind described in subclause (I) or long as the payment to other creditors of the the United States and that is a creditor; and (II), at a date certain that is not later than same class is proportionately less than the ‘‘(5) the term ‘United States policyholder’ 1 year after the date of the transferor’s payment the creditor has already received.’’. means a holder of an insurance policy issued transfer or on demand, against the transfer (b) CLERICAL AMENDMENT.—The table of in the United States. of funds; chapters for title 11, United States Code, is ‘‘(b) The court may not grant relief under ‘‘(ii) a combination of agreements or trans- amended by inserting after the item relating chapter 15 of this title with respect to any actions referred to in clauses (i) and (iii); to chapter 13 the following: deposit, escrow, trust fund, or other security ‘‘(iii) an option to enter into an agreement ‘‘15. Ancillary and Other Cross-Border required or permitted under any applicable or transaction referred to in clause (i) or (ii); Cases ...... 1501’’. State insurance law or regulation for the or SEC. 802. AMENDMENTS TO OTHER CHAPTERS IN benefit of claim holders in the United ‘‘(iv) a master netting agreement that pro- TITLE 11, UNITED STATES CODE. States.’’. vides for an agreement or transaction re- (a) APPLICABILITY OF CHAPTERS.—Section TITLE IX—FINANCIAL CONTRACT ferred to in clause (i), (ii), or (iii), together 103 of title 11, United States Code, is PROVISIONS with all supplements to such master netting amended— agreement, without regard to whether such SEC. 901. BANKRUPTCY CODE AMENDMENTS. (1) in subsection (a), by inserting before master netting agreement provides for an (a) DEFINITIONS OF FORWARD CONTRACT, RE- the period the following: ‘‘, and this chapter, agreement or transaction that is not a repur- PURCHASE AGREEMENT, SECURITIES CLEARING sections 307, 304, 555 through 557, 559, and 560 chase agreement under this subparagraph, AGENCY, SWAP AGREEMENT, COMMODITY CON- apply in a case under chapter 15’’; and except that such master netting agreement TRACT, AND SECURITIES CONTRACT.—Title 11, (2) by adding at the end the following: shall be considered to be a repurchase agree- ‘‘(j) Chapter 15 applies only in a case under United States Code, is amended— ment under this subparagraph only with re- such chapter, except that— (1) in section 101— spect to each agreement or transaction ‘‘(1) sections 1513 and 1514 apply in all cases (A) in paragraph (25)— under such master netting agreement that is under this title; and (i) by striking ‘‘means a contract’’ and in- referred to in clause (i), (ii), or (iii); or ‘‘(2) section 1505 applies to trustees and to serting ‘‘means— ‘‘(v) a security agreement or arrangement, any other entity (including an examiner) au- ‘‘(A) a contract’’; or other credit enhancement, directly per- thorized by the court under chapter 7, 11, or (ii) by striking ‘‘, or any combination taining to a contract referred to in clause (i), 12, to debtors in possession under chapter 11 thereof or option thereon;’’ and inserting ‘‘, (ii), (iii), or (iv), but not to exceed the actual or 12, and to debtors under chapter 9 who are or any other similar agreement;’’; and value of such contract on the date of the fil- authorized to act under section 1505.’’. (iii) by adding at the end the following: ing of the petition; and (b) DEFINITIONS.—Paragraphs (23) and (24) ‘‘(B) a combination of agreements or trans- ‘‘(B) do not include a repurchase obligation of section 101 of title 11, United States Code, actions referred to in subparagraphs (A) and under a participation in a commercial mort- are amended to read as follows: (C); gage loan;’’; ‘‘(23) ‘foreign proceeding’ means a collec- ‘‘(C) an option to enter into an agreement (C) in paragraph (48) by inserting ‘‘, or ex- tive judicial or administrative proceeding in or transaction referred to in subparagraph empt from such registration under such sec- a foreign country, including an interim pro- (A) or (B); tion pursuant to an order of the Securities ceeding, pursuant to a law relating to insol- ‘‘(D) a master netting agreement that pro- and Exchange Commission’’ after ‘‘1934’’; and vency in which proceeding the assets and af- vides for an agreement or transaction re- (D) by striking paragraph (53B) and insert- fairs of the debtor are subject to control or ferred to in subparagraph (A), (B), or (C), to- ing the following: supervision by a foreign court, for the pur- gether with all supplements to such master ‘‘(53B) ‘swap agreement’— pose of reorganization or liquidation; netting agreement, without regard to wheth- ‘‘(A) means— ‘‘(24) ‘foreign representative’ means a per- er such master netting agreement provides ‘‘(i) an agreement, including the terms and son or body, including a person or body ap- for an agreement or transaction that is not conditions incorporated by reference in such pointed on an interim basis, authorized in a a forward contract under this paragraph, ex- agreement, that is— foreign proceeding to administer the reorga- cept that such master netting agreement ‘‘(I) an interest rate swap, option, future, nization or the liquidation of the debtor’s as- shall be considered to be a forward contract or forward agreement, including a rate floor, sets or affairs or to act as a representative of under this paragraph only with respect to rate cap, rate collar, cross-currency rate the foreign proceeding;’’. each agreement or transaction under such swap, and basis swap; (c) AMENDMENTS TO TITLE 28, UNITED master netting agreement that is referred to ‘‘(II) a spot, same day-tomorrow, tomor- STATES CODE.— in subparagraph (A), (B) or (C); or row-next, forward, or other foreign exchange (1) PROCEDURES.—Section 157(b)(2) of title ‘‘(E) a security agreement or arrangement, or precious metals agreement; 28, United States Code, is amended— or other credit enhancement, directly per- ‘‘(III) a currency swap, option, future, or (A) in subparagraph (N), by striking ‘‘and’’ taining to a contract, option, agreement, or forward agreement; at the end; transaction referred to in subparagraph (A), ‘‘(IV) an equity index or an equity swap, (B) in subparagraph (O), by striking the pe- (B), (C), or (D), but not to exceed the actual option, future, or forward agreement; riod at the end and inserting ‘‘; and’’; and value of such contract, option, agreement, or ‘‘(V) a debt index or a debt swap, option, (C) by adding at the end the following: transaction on the date of the filing of the future, or forward agreement; ‘‘(P) recognition of foreign proceedings and petition;’’; ‘‘(VI) a credit spread or a credit swap, op- other matters under chapter 15 of title 11.’’. (B) by striking paragraph (47) and inserting tion, future, or forward agreement; or (2) BANKRUPTCY CASES AND PROCEEDINGS.— the following: ‘‘(VII) a commodity index or a commodity Section 1334(c)(1) of title 28, United States ‘‘(47) ‘repurchase agreement’ and ‘reverse swap, option, future, or forward agreement; Code, is amended by striking ‘‘Nothing in’’ repurchase agreement’— ‘‘(ii) an agreement or transaction that is and inserting ‘‘Except with respect to a case ‘‘(A) mean— similar to an agreement or transaction re- under chapter 15 of title 11, nothing in’’. ‘‘(i) an agreement, including related terms, ferred to in clause (i) that— (3) DUTIES OF TRUSTEES.—Section 586(a)(3) which provides for the transfer of— ‘‘(I) is currently, or in the future becomes, of title 28, United States Code, is amended by ‘‘(I) a certificate of deposit, mortgage re- regularly entered into in the swap market inserting ‘‘15,’’ after ‘‘chapter’’. lated security (as defined in section 3 of the (including terms and conditions incorporated SEC. 803. CLAIMS RELATING TO INSURANCE DE- Securities Exchange Act of 1934), mortgage by reference therein); and POSITS IN CASES ANCILLARY TO loan, interest in a mortgage related security ‘‘(II) is a forward, swap, future, or option FOREIGN PROCEEDINGS. or mortgage loan, eligible bankers’ accept- on a rate, currency, commodity, equity secu- Section 304 of title 11, United States Code, ance, or qualified foreign government secu- rity, or other equity instrument, on a debt is amended to read as follows: rity (defined for purposes of this paragraph security or other debt instrument, or on an ‘‘§ 304. Cases ancillary to foreign proceedings to mean a security that is a direct obligation economic index or measure of economic risk ‘‘(a) For purposes of this section— of, or that is fully guaranteed by, the central or value; ‘‘(1) the term ‘domestic insurance com- government of a member of the Organization ‘‘(iii) a combination of agreements or pany’ means a domestic insurance company, for Economic Cooperation and Develop- transactions referred to in clauses (i) and as such term is used in section 109(b)(2); ment); or (ii); ‘‘(2) the term ‘foreign insurance company’ ‘‘(II) a security that is a direct obligation ‘‘(iv) an option to enter into an agreement means a foreign insurance company, as such of, or that is fully guaranteed by, the United or transaction referred to in this subpara- term is used in section 109(b)(3); States or an agency of the United States graph; S12036 CONGRESSIONAL RECORD — SENATE October 5, 1999 ‘‘(v) a master netting agreement that pro- ø(B) in subparagraph (E), by striking the States Code, as amended by subsection (b) of vides for an agreement or transaction re- period at the end and inserting ‘‘; and’’; and this section, is amended by inserting after ferred to in clause (i), (ii), (iii), or (iv), to- ø(C)¿ (B) by adding at the end the fol- paragraph (38) the following new paragraphs: gether with all supplements to such master lowing: ‘‘(38A) the term ‘master netting netting agreement and without regard to ‘‘(F) any other agreement or transaction agreement’— whether such master netting agreement con- that is similar to an agreement or trans- ‘‘(A) means an agreement providing for the tains an agreement or transaction described action referred to in this paragraph; exercise of rights, including rights of net- in any such clause, but only with respect to ‘‘(G) a combination of the agreements or ting, setoff, liquidation, termination, accel- each agreement or transaction referred to in transactions referred to in this paragraph; eration, or closeout, under or in connection any such clause that is under such master ‘‘(H) an option to enter into an agreement with 1 or more contracts that are described netting agreement; except that or transaction referred to in this paragraph; in any 1 or more of paragraphs (1) through (5) ‘‘(B) the definition under subparagraph (A) ‘‘(I) a master netting agreement that pro- is applicable for purposes of this title only, vides for an agreement or transaction re- of section 561(a), or any security agreement and shall not be construed or applied so as to ferred to in subparagraph (A), (B), (C), (D), or arrangement or other credit enhancement challenge or affect the characterization, def- (E), (F), (G), or (H), together with all supple- related to 1 or more of the foregoing; except inition, or treatment of any swap agreement ments to such master netting agreement, that under any other statute, regulation, or rule, without regard to whether such master net- ‘‘(B) if a master netting agreement con- including the Securities Act of 1933, the Se- ting agreement provides for an agreement or tains provisions relating to agreements or curities Exchange Act of 1934, the Public transaction that is not a commodity con- transactions that are not contracts described Utility Holding Company Act of 1935, the tract under this paragraph, except that such in paragraphs (1) through (5) of section Trust Indenture Act of 1939, the Investment master netting agreement shall be consid- 561(a), the master netting agreement shall be Company Act of 1940, the Investment Advis- ered to be a commodity contract under this deemed to be a master netting agreement ers Act of 1940, the Securities Investor Pro- paragraph only with respect to each agree- only with respect to those agreements or tection Act of 1970, the Commodity Exchange ment or transaction under such master net- transactions that are described in any 1 or Act, and the regulations prescribed by the ting agreement that is referred to in sub- more of the paragraphs (1) through (5) of sec- Securities and Exchange Commission or the paragraph (A), (B), (C), (D), (E), (F), (G), or tion 561(a); Commodity Futures Trading Commission.’’; (H); or ‘‘(38B) the term ‘master netting agreement (2) in section 741, by striking paragraph (7) ‘‘(J) a security agreement or arrangement, participant’ means an entity that, at any and inserting the following: or other credit enhancement, directly per- time before the filing of the petition, is a ‘‘(7) ‘securities contract’— taining to a contract referred to in this para- party to an outstanding master netting ‘‘(A) means— graph, but not to exceed the actual value of agreement with the debtor;’’. ‘‘(i) a contract for the purchase, sale, or such contract on the date of the filing of the loan of a security, a mortgage loan or an in- petition.’’. (d) SWAP AGREEMENTS, SECURITIES CON- terest in a mortgage loan, a group or index (b) DEFINITIONS OF FINANCIAL INSTITUTION, TRACTS, COMMODITY CONTRACTS, FORWARD of securities, or mortgage loans or interests FINANCIAL PARTICIPANT, AND FORWARD CON- CONTRACTS, REPURCHASE AGREEMENTS, AND therein (including an interest therein or TRACT MERCHANT.—Section 101 of title 11, MASTER NETTING AGREEMENTS UNDER THE based on the value thereof), or option on any United States Code, as amended by section AUTOMATIC STAY.— of the foregoing, including an option to pur- 802(b) of this Act, is amended— (1) IN GENERAL.—Section 362(b) of title 11, chase or sell any of the foregoing; (1) by striking paragraph (22) and inserting United States Code, as amended by section ‘‘(ii) an option entered into on a national the following: 718 of this Act, is amended— securities exchange relating to foreign cur- ‘‘(22) ‘financial institution’ means— (A) in paragraph (6), by inserting ‘‘, rencies; ‘‘(A)(i) a Federal reserve bank, or an entity pledged to, and under the control of,’’ after ‘‘(iii) the guarantee by or to a securities that is a commercial or savings bank, indus- ‘‘held by’’; clearing agency of a settlement of cash, se- trial savings bank, savings and loan associa- (B) in paragraph (7), by inserting ‘‘, pledged curities, mortgage loans or interests therein, tion, trust company, or receiver or conser- to, and under the control of,’’ after ‘‘held group or index of securities, or mortgage vator for such entity; and by’’; loans or interests therein (including any in- ‘‘(ii) if such Federal reserve bank, receiver, (C) by striking paragraph (17) and inserting terest therein or based on the value thereof), or conservator or entity is acting as agent or the following: or option on any of the foregoing, including custodian for a customer in connection with ‘‘(17) under subsection (a), of the setoff by an option to purchase or sell any of the fore- a securities contract, as defined in section a swap participant of a mutual debt and going; 741, such customer; or claim under or in connection with a swap ‘‘(iv) a margin loan; ‘‘(B) in connection with a securities con- agreement that constitutes the setoff of a ‘‘(v) any other agreement or transaction tract, as defined in section 741 of this title, claim against the debtor for a payment or that is similar to an agreement or trans- an investment company registered under the transfer due from the debtor under or in con- action referred to in this subparagraph; Investment Company Act of 1940;’’; nection with a swap agreement against a ‘‘(vi) a combination of the agreements or (2) by inserting after paragraph (22) the fol- payment due to the debtor from the swap transactions referred to in this subpara- lowing: participant under or in connection with a graph; ‘‘(22A) ‘financial participant’ means an en- swap agreement or against cash, securities, ‘‘(vii) an option to enter into an agreement tity that is a party to a securities contract, or other property held by, pledged to, and or transaction referred to in this subpara- commodity contract or forward contract, or under the control of, or due from such swap graph; on the date of the filing of the petition, has participant to guarantee, secure, or settle a ‘‘(viii) a master netting agreement that a commodity contract (as defined in section swap agreement;’’; provides for an agreement or transaction re- 761) with the debtor or any other entity (D) in paragraph (26), by striking ‘‘or’’ at ferred to in clause (i), (ii), (iii), (iv), (v), (vi), (other than an affiliate) of a total gross dol- the end; or (vii), together with all supplements to lar value of not less than $1,000,000,000 in no- such master netting agreement, without re- tional or actual principal amount out- (E) in paragraph (27), by striking the pe- gard to whether such master netting agree- standing on any day during the previous 15- riod at the end and inserting ‘‘; or’’; and ment provides for an agreement or trans- month period, or has gross mark-to-market (F) by inserting after paragraph (27) the action that is not a securities contract under positions of not less than $100,000,000 (aggre- following: this subparagraph, except that such master gated across counterparties) in any such ‘‘(28) under subsection (a), of the setoff by netting agreement shall be considered to be agreement or transaction with the debtor or a master netting agreement participant of a a securities contract under this subpara- any other entity (other than an affiliate) on mutual debt and claim under or in connec- graph only with respect to each agreement any day during the previous 15-month pe- tion with 1 or more master netting agree- or transaction under such master netting riod;’’; and ments or any contract or agreement subject agreement that is referred to in clause (i), (3) by striking paragraph (26) and inserting to such agreements that constitutes the (ii), (iii), (iv), (v), (vi), or (vii); or the following: setoff of a claim against the debtor for any ‘‘(ix) a security agreement or arrangement, ‘‘(26) ‘forward contract merchant’ means a payment or other transfer of property due or other credit enhancement, directly per- Federal reserve bank, or an entity, the busi- from the debtor under or in connection with taining to a contract referred to in this sub- ness of which consists in whole or in part of such agreements or any contract or agree- paragraph, but not to exceed the actual entering into forward contracts as or with ment subject to such agreements against any value of such contract on the date of the fil- merchants or in a commodity, as defined or payment due to the debtor from such master ing of the petition; and in section 761, or any similar good, article, netting agreement participant under or in ‘‘(B) does not include a purchase, sale, or service, right, or interest that is presently or connection with such agreements or any con- repurchase obligation under a participation in the future becomes the subject of dealing tract or agreement subject to such agree- in a commercial mortgage loan;’’; and or in the forward contract trade;’’. ments or against cash, securities, or other (3) in section 761(4)— (c) DEFINITION OF MASTER NETTING AGREE- property held by, pledged or and under the (A) by striking ‘‘or’’ at the end of subpara- MENT AND MASTER NETTING AGREEMENT PAR- control of, or due from such master netting graph (D); and TICIPANT.—Section 101 of title 11, United agreement participant to margin, guarantee, October 5, 1999 CONGRESSIONAL RECORD — SENATE S12037

secure, or settle such agreements or any con- (i) TERMINATION OR ACCELERATION OF RE- ‘‘(c) As used in this section, the term ‘con- tract or agreement subject to such agree- PURCHASE AGREEMENTS.—Section 559 of title tractual right’ includes a right set forth in a ments, to the extent such participant is eli- 11, United States Code, is amended— rule or bylaw of a national securities ex- gible to exercise such offset rights under (1) by striking the section heading and in- change, a national securities association, or paragraph (6), (7), or (17) for each individual serting the following: a securities clearing agency, a right set forth contract covered by the master netting ‘‘§ 559. Contractual right to liquidate, termi- in a bylaw of a clearing organization or con- agreement in issue.’’. nate, or accelerate a repurchase agree- tract market or in a resolution of the gov- (2) LIMITATION.—Section 362 of title 11, ment’’; erning board thereof, and a right, whether or United States Code, as amended by section not evidenced in writing, arising under com- and 432(2) of this Act, is amended by adding at mon law, under law merchant, or by reason (2) in the first sentence, by striking ‘‘liq- the end the following: of normal business practice.’’. uidation’’ and inserting ‘‘liquidation, termi- ‘‘(l) LIMITATION.—The exercise of rights not NCILLARY PROCEEDINGS.—Section 304 of nation, or acceleration’’. (l) A subject to the stay arising under subsection title 11, United States Code, is amended by (j) LIQUIDATION, TERMINATION, OR ACCEL- (a) pursuant to paragraph (6), (7), or (17) of adding at the end the following: ERATION OF SWAP AGREEMENTS.—Section 560 subsection (b) shall not be stayed by an order of title 11, United States Code, is amended— ‘‘(d) Any provisions of this title relating to of a court or administrative agency in any (1) by striking the section heading and in- securities contracts, commodity contracts, proceeding under this title.’’. serting following: forward contracts, repurchase agreements, (e) LIMITATION OF AVOIDANCE POWERS swap agreements, or master netting agree- UNDER MASTER NETTING AGREEMENT.—Sec- ‘‘§ 560. Contractual right to liquidate, termi- ments shall apply in a case ancillary to a tion 546 of title 11, United States Code, is nate, or accelerate a swap agreement’’; foreign proceeding under this section or any amended— (2) in the first sentence, by striking ‘‘ter- other section of this title, so that enforce- (1) in subsection (g) (as added by section mination of a swap agreement’’ and inserting ment of contractual provisions of such con- 103 of Public Law 101–311 (104 Stat. 267 et ‘‘liquidation, termination, or acceleration of tracts and agreements in accordance with seq.))— a swap agreement’’; and their terms— (A) by striking ‘‘under a swap agreement’’; (3) by striking ‘‘in connection with any ‘‘(1) shall not be stayed or otherwise lim- and swap agreement’’ and inserting ‘‘in connec- ited by— (B) by striking ‘‘in connection with a swap tion with the termination, liquidation, or ac- ‘‘(A) operation of any provision of this agreement’’ and inserting ‘‘under or in con- celeration of a swap agreement’’. title; or nection with any swap agreement’’; and (k) LIQUIDATION, TERMINATION, ACCELERA- ‘‘(B) order of a court in any case under this (2) by inserting before subsection (i) (as re- TION, OR OFFSET UNDER A MASTER NETTING title; designated by section 407 of this Act) the fol- AGREEMENT AND ACROSS CONTRACTS.—Title ‘‘(2) shall limit avoidance powers to the lowing new subsection: 11, United States Code, is amended by insert- same extent as in a proceeding under chapter ‘‘(h) Notwithstanding sections 544, 545, 547, ing after section 560 the following ønew sec- 7 or 11; and 548(a)(2)(B), and 548(b), the trustee may not tion¿: ‘‘(3) shall not be limited based on the pres- avoid a transfer made by or to a master net- ‘‘§ 561. Contractual right to terminate, liq- ence or absence of assets of the debtor in the ting agreement participant under or in con- uidate, accelerate, or offset under a master United States.’’. nection with any master netting agreement netting agreement and across contracts (m) COMMODITY BROKER LIQUIDATIONS.— or any individual contract covered thereby ‘‘(a) Subject to subsection (b), the exercise Title 11, United States Code, is amended by that is made before the commencement of inserting after section 766 the following: the case, and except to the extent that the of any contractual right, because of a condi- trustee could otherwise avoid such a transfer tion of the kind specified in section 365(e)(1), ‘‘§ 767. Commodity broker liquidation and for- made under an individual contract covered to cause the termination, liquidation, or ac- ward contract merchants, commodity bro- by such master netting agreement (except celeration of or to offset or net termination kers, stockbrokers, financial institutions, under section 548(a)(1)(A)).’’. values, payment amounts or other transfer securities clearing agencies, swap partici- (f) FRAUDULENT TRANSFERS OF MASTER obligations arising under or in connection pants, repo participants, and master net- NETTING AGREEMENTS.—Section 548(d)(2) of with 1 or more (or the termination, liquida- ting agreement participants title 11, United States Code, is amended— tion, or acceleration of 1 or more)— ‘‘Notwithstanding any other provision of (1) in subparagraph (C), by striking ‘‘and’’; ‘‘(1) securities contracts, as defined in sec- this title, the exercise of rights by a forward (2) in subparagraph (D), by striking the pe- tion 741(7); contract merchant, commodity broker, riod at the end and inserting ‘‘; and’’; and ‘‘(2) commodity contracts, as defined in stockbroker, financial institution, securities (3) by adding at the end the following new section 761(4); clearing agency, swap participant, repo par- subparagraph: ‘‘(3) forward contracts; ticipant, or master netting agreement par- ‘‘(E) a master netting agreement partici- ‘‘(4) repurchase agreements; ticipant under this title shall not affect the pant that receives a transfer in connection ‘‘(5) swap agreements; or priority of any unsecured claim it may have with a master netting agreement or any in- ‘‘(6) master netting agreements, after the exercise of such rights.’’. dividual contract covered thereby takes for shall not be stayed, avoided, or otherwise (n) STOCKBROKER LIQUIDATIONS.—Title 11, value to the extent of such transfer, except, limited by operation of any provision of this United States Code, is amended by inserting with respect to a transfer under any indi- title or by any order of a court or adminis- after section 752 the following: trative agency in any proceeding under this vidual contract covered thereby, to the ex- ‘‘§ 753. Stockbroker liquidation and forward tent that such master netting agreement title. ‘‘(b)(1) A party may exercise a contractual contract merchants, commodity brokers, participant otherwise did not take (or is oth- stockbrokers, financial institutions, securi- erwise not deemed to have taken) such trans- right described in subsection (a) to termi- nate, liquidate, or accelerate only to the ex- ties clearing agencies, swap participants, fer for value.’’. repo participants, and master netting (g) TERMINATION OR ACCELERATION OF SECU- tent that such party could exercise such a agreement participants RITIES CONTRACTS.—Section 555 of title 11, right under section 555, 556, 559, or 560 for United States Code, is amended— each individual contract covered by the mas- ‘‘Notwithstanding any other provision of (1) by striking the section heading and in- ter netting agreement in issue. this title, the exercise of rights by a forward serting the following: ‘‘(2) If a debtor is a commodity broker sub- contract merchant, commodity broker, ject to subchapter IV of chapter 7 of this stockbroker, financial institution, securities ‘‘§ 555. Contractual right to liquidate, termi- ø title — clearing agency, swap participant, repo par- nate, or accelerate a securities contract’’; ¿ ‘‘(A) a party may not net or offset an obli- ticipant, financial participant, or master and gation to the debtor arising under, or in con- netting agreement participant under this (2) in the first sentence, by striking ‘‘liq- nection with, a commodity contract against title shall not affect the priority of any un- uidation’’ and inserting ‘‘liquidation, termi- any claim arising under, or in connection secured claim it may have after the exercise nation, or acceleration’’. with, other instruments, contracts, or agree- of such rights.’’. (h) TERMINATION OR ACCELERATION OF COM- ments listed in subsection (a), except to the (o) SETOFF.—Section 553 of title 11, United MODITIES OR FORWARD CONTRACTS.—Section extent that the party has øno¿ positive net States Code, is amended— 556 of title 11, United States Code, is equity in the commodity accounts at the (1) in subsection (a)(3)(C), by inserting amended— debtor, as calculated under such subchapter ‘‘(except for a setoff of a kind described in (1) by striking the section heading and in- IV; and section 362(b)(6), 362(b)(7), 362(b)(17), serting the following: ‘‘(B) another commodity broker may not 362(b)ø(19)¿ (28), 555, 556, 559, or 560)’’ before ‘‘§ 556. Contractual right to liquidate, termi- net or offset an obligation to the debtor aris- the period; and nate, or accelerate a commodities contract ing under, or in connection with, a com- (2) in subsection (b)(1), by striking or forward contract’’; modity contract entered into or held on be- ‘‘362(b)(14),’’ and inserting ‘‘362(b)(17), and half of a customer of the debtor against any ø362(b)(19)¿ 362(b)(28), 555, 556, 559, 560,’’. (2) in the first sentence, by striking ‘‘liq- claim arising under, or in connection with, (p) SECURITIES CONTRACTS, COMMODITY CON- uidation’’ and inserting ‘‘liquidation, termi- other instruments, contracts, or agreements TRACTS, AND FORWARD CONTRACTS.—Title 11, nation, or acceleration’’. referred to in subsection (a). United States Code, is amended— S12038 CONGRESSIONAL RECORD — SENATE October 5, 1999 (1) in section 362(b)(6), by striking ‘‘finan- ment, or master netting agreement under rities backed by eligible assets, and taking cial institutions,’’ each place such term ap- section 365(a), or if a forward contract mer- actions ancillary thereto. pears and inserting ‘‘financial institution, fi- chant, stockbroker, financial institution, se- ‘‘(5) The term ‘transferred’ means the debt- nancial participant’’; curities clearing agency, repo participant, fi- or, under a written agreement, represented (2) in section 546(e), by inserting ‘‘financial nancial participant, master netting agree- and warranted that eligible assets were sold, participant’’ after ‘‘financial institution,’’; ment participant, or swap participant contributed, or otherwise conveyed with the (3) in section 548(d)(2)(B), by inserting ‘‘fi- liquidates, terminates, or accelerates such intention of removing them from the estate nancial participant’’ after ‘‘financial institu- contract or agreement, damages shall be of the debtor pursuant to subsection (b)(5), tion,’’; measured as of the earlier of— irrespective, without limitation of— (4) in section 555— ‘‘(1) the date of such rejection; or ‘‘(A) whether the debtor directly or indi- (A) by inserting ‘‘financial participant’’ ‘‘(2) the date of such liquidation, termi- rectly obtained or held an interest in the after ‘‘financial institution,’’; and nation, or acceleration.’’; and issuer or in any securities issued by the (B) by inserting before the period ‘‘, a right (2) in the table of sections for chapter 5 by issuer; set forth in a bylaw of a clearing organiza- inserting after the item relating to section ‘‘(B) whether the debtor had an obligation tion or contract market or in a resolution of 561 the following: to repurchase or to service or supervise the the governing board thereof, and a right, ‘‘562. Damage measure in connection with servicing of all or any portion of such eligi- whether or not in writing, arising under swap agreements, securities ble assets; or common law, under law merchant, or by rea- contracts, forward contracts, ‘‘(C) the characterization of such sale, con- son of normal business practice’’; and commodity contracts, repur- tribution, or other conveyance for tax, ac- (5) in section 556, by inserting ‘‘, financial chase agreements, or master counting, regulatory reporting, or other pur- participant’’ after ‘‘commodity broker’’. netting agreements.’’. poses.’’. (q) CONFORMING AMENDMENTS.—Title 11 øof (b) CLAIMS ARISING FROM REJECTION.—Sec- SEC. 904. EFFECTIVE DATE; APPLICATION OF the United States Code¿, United States Code, tion 502(g) of title 11, United States Code, is AMENDMENTS. is amended— amended— (a) EFFECTIVE DATE.—This title shall take (1) in the table of sections for chapter 5— (1) by inserting ‘‘(1)’’ after ‘‘(g)’’; and effect on the date of enactment of this Act. (A) by striking the items relating to sec- (2) by adding at the end the following: (b) APPLICATION OF AMENDMENTS.—The tions 555 and 556 and inserting the following: ‘‘(2) A claim for damages calculated in ac- amendments made by this title shall apply ‘‘555. Contractual right to liquidate, termi- cordance with section 561 shall be allowed with respect to cases commenced or appoint- nate, or accelerate a securities under subsection (a), (b), or (c) of this sec- ments made under any Federal or State law contract. tion, or disallowed under subsection (d) or (e) after the date of enactment of this Act, but ‘‘556. Contractual right to liquidate, termi- of this section, as if such claim had arisen shall not apply with respect to cases com- nate, or accelerate a commod- before the date of the filing of the petition.’’. menced or appointments made under any ities contract or forward con- Federal or State law before the date of en- SEC. 903. ASSET-BACKED SECURITIZATIONS. actment of this Act. tract.’’; Section 541 of title 11, United States Code, (B) by striking the items relating to sec- is amended— TITLE X—PROTECTION OF FAMILY tions 559 and 560 and inserting the following: (1) in subsection (b), by striking ‘‘or’’ at FARMERS ‘‘559. Contractual right to liquidate, termi- the end of paragraph (4); SEC. 1001. REENACTMENT OF CHAPTER 12. nate, or accelerate a repurchase (2) by redesignating paragraph (5) of sub- (a) REENACTMENT.— agreement. section (b) as paragraph (6); (1) IN GENERAL.—Chapter 12 of title 11, ‘‘560. Contractual right to liquidate, termi- (3) by inserting after paragraph (4) of sub- United States Code, as reenacted by section nate, or accelerate a swap section (b) the following new paragraph: 149 of division C of the Omnibus Consolidated agreement.’’; (4) by adding at the end the following ønew and Emergency Supplemental Appropria- and subsection¿: tions Act, 1999 (Public Law 105–277), and (C) by adding after the item relating to ‘‘(5) any eligible asset (or proceeds there- amended by this Act, is reenacted. section 560 the following: of), to the extent that such eligible asset was (2) EFFECTIVE DATE.—Subsection (a) shall ‘‘561. Contractual right to terminate, liq- transferred by the debtor, before the date of take effect on øApril 1, 1999¿ October 1, 1999. (b) CONFORMING AMENDMENT.—Section 302 uidate, accelerate, or offset commencement of the case, to an eligible en- of the Bankruptcy, Judges, United States under a master netting agree- tity in connection with an asset-backed Trustees, and Family Farmer Bankruptcy ment and across contracts.’’; securitization, except to the extent that Act of 1986 (28 U.S.C. 581 note) is amended by and such asset (or proceeds or value thereof) may striking subsection (f). (2) in the table of sections for chapter 7— be recovered by the trustee under section 550 (A) by inserting after the item relating to by virtue of avoidance under section 548(a); SEC. 1002. DEBT LIMIT INCREASE. Section 104(b) of title 11, United States section 766 the following: or’’; and Code, is amended by adding at the end the ‘‘767. Commodity broker liquidation and for- ‘‘(e) For purposes of this section, the fol- lowing definitions shall apply: following: ward contract merchants, com- ‘‘(4) The dollar amount in section 101(18) ‘‘(1) The term ‘asset-backed securitization’ modity brokers, stockbrokers, shall be adjusted at the same times and in means a transaction in which eligible assets financial institutions, securi- the same manner as the dollar amounts in transferred to an eligible entity are used as ties clearing agencies, swap paragraph (1) of this subsection, beginning the source of payment on securities, the participants, repo participants, with the adjustment to be made on April 1, most senior of which are rated investment and master netting agreement 2001.’’. participants.’’; grade by 1 or more nationally recognized se- curities rating organizations, issued by an SEC. 1003. ELIMINATION OF REQUIREMENT THAT and FAMILY FARMER AND SPOUSE RE- (B) by inserting after the item relating to issuer. CEIVE OVER 50 PERCENT OF IN- section 752 the following: ‘‘(2) The term ‘eligible asset’ means— COME FROM FARMING OPERATION ‘‘(A) financial assets (including interests ‘‘753. Stockbroker liquidation and forward IN YEAR PRIOR TO BANKRUPTCY. therein and proceeds thereof), either fixed or Section 101(18)(A) of title 11, United States contract merchants, com- revolving, including residential and commer- Code, is amended by striking ‘‘the taxable modity brokers, stockbrokers, cial mortgage loans, consumer receivables, year preceding the taxable year’’ and insert- financial institutions, securi- trade receivables, and lease receivables, ing ‘‘at least 1 of the 3 calendar years pre- ties clearing agencies, swap that, by their terms, convert into cash with- ceding the year’’. participants, repo participants, in a finite time period, plus any rights or and master netting agreement SEC. 1004. CERTAIN CLAIMS OWED TO GOVERN- other assets designed to assure the servicing MENTAL UNITS. participants.’’. or timely distribution of proceeds to security (a) CONTENTS OF PLAN.—Section 1222(a)(2) SEC. 902. DAMAGE MEASURE. holders; of title 11, United States Code, is amended to (a) IN GENERAL.—Title 11, United States ‘‘(B) cash; and read as follows: Code, is amended— ‘‘(C) securities. ‘‘(2) provide for the full payment, in de- (1) by inserting after section 561 the fol- ‘‘(3) The term ‘eligible entity’ means— ferred cash payments, of all claims entitled lowing: ‘‘(A) an issuer; or to priority under section 507, unless— ‘‘§ 562. Damage measure in connection with ‘‘(B) a trust, corporation, partnership, or ‘‘(A) the claim is a claim owed to a govern- swap agreements, securities contracts, for- other entity engaged exclusively in the busi- mental unit that arises as a result of the ward contracts, commodity contracts, re- ness of acquiring and transferring eligible as- sale, transfer, exchange, or other disposition purchase agreements, or master netting sets directly or indirectly to an issuer and of any farm asset used in the debtor’s farm- agreements taking actions ancillary thereto. ing operation, in which case the claim shall ‘‘If the trustee rejects a swap agreement, ‘‘(4) The term ‘issuer’ means a trust, cor- be treated as an unsecured claim that is not securities contract (as defined in section poration, partnership, or other entity en- entitled to priority under section 507, but the 741), forward contract, commodity contract gaged exclusively in the business of acquir- debt shall be treated in such manner only if (as defined in section 761) repurchase agree- ing and holding eligible assets, issuing secu- the debtor receives a discharge; or October 5, 1999 CONGRESSIONAL RECORD — SENATE S12039 ‘‘(B) the holder of a particular claim agrees section (c), is amended by inserting after SEC. 1104. APPOINTMENT OF OMBUDSMAN TO to a different treatment of that claim; and’’. paragraph (40A) the following: ACT AS PATIENT ADVOCATE. (b) SPECIAL NOTICE PROVISIONS.—Section ‘‘(40B) ‘patient records’ means any written (a) IN GENERAL.— 1231(d) of title 11, United States Code, is document relating to a patient or record re- (1) APPOINTMENT OF OMBUDSMAN.—Sub- amended by striking ‘‘a State or local gov- corded in a magnetic, optical, or other form chapter II of chapter 3 of title 11, United ernmental unit’’ and inserting ‘‘any govern- of electronic medium;’’. States Code, is amended by inserting after mental unit’’. SEC. 1102. DISPOSAL OF PATIENT RECORDS. section 331 the following: TITLE XI—HEALTH CARE AND EMPLOYEE (a) IN GENERAL.—Subchapter III of chapter ‘‘§ 332. Appointment of ombudsman BENEFITS 3 of title 11, United States Code, is amended ‘‘(a) Not later than 30 days after a case is SEC. 1101. DEFINITIONS. by adding at the end the following: commenced by a health care business under (a) HEALTH CARE BUSINESS DEFINED.—Sec- ‘‘§ 351. Disposal of patient records chapter 7, 9, or 11, the court shall appoint an tion 101 of title 11, United States Code, as ‘‘If a health care business commences a ombudsman to represent the interests of the amended by section 1004(a) of this Act, is case under chapter 7, 9, or 11, and the trustee patients of the health care business. amended— does not have a sufficient amount of funds to ‘‘(b) An ombudsman appointed under sub- (1) by redesignating paragraph (27A) as pay for the storage of patient records in the section (a) shall— paragraph (27C); and manner required under applicable Federal or ‘‘(1) monitor the quality of patient care, to (2) inserting after paragraph (27) the fol- State law, the following requirements shall the extent necessary under the cir- lowing: apply: cumstances, including reviewing records and ‘‘(27A) ‘health care business’— ‘‘(1) The trustee shall mail, by certified interviewing patients and physicians; ‘‘(A) means any public or private entity mail, a written request to each appropriate ‘‘(2) not later than 60 days after the date of (without regard to whether that entity is or- Federal or State agency to request permis- appointment, and not less frequently than ganized for profit or not for profit) that is sion from that agency to deposit the patient every 60 days thereafter, report to the court, primarily engaged in offering to the general records with that agency. at a hearing or in writing, regarding the public facilities and services for— ‘‘(2) If no appropriate Federal or State quality of patient care at the health care ‘‘(i) the diagnosis or treatment of injury, agency agrees to permit the deposit of pa- business involved; and deformity, or disease; and tient records referred to in paragraph (1) by ‘‘(3) if the ombudsman determines that the ‘‘(ii) surgical, drug treatment, psychiatric the date that is 60 days after the trustee quality of patient care is declining signifi- or obstetric care; and mails a written request under that para- cantly or is otherwise being materially com- ‘‘(B) includes— graph, the trustee shall— promised, notify the court by motion or ‘‘(i) any— ‘‘(A) publish notice, in 1 or more appro- written report, with notice to appropriate ‘‘(I) general or specialized hospital; priate newspapers, that if those patient parties in interest, immediately upon mak- ‘‘(II) ancillary ambulatory, emergency, or records are not claimed by the patient or an ing that determination. surgical treatment facility; insurance provider (if applicable law permits ‘‘(c) An ombudsman shall maintain any in- ‘‘(III) hospice; the insurance provider to make that claim) formation obtained by the ombudsman under ‘‘(IV) health maintenance organization; by the date that is 60 days after the date of this section that relates to patients (includ- ‘‘(V) home health agency; and that notification, the trustee will destroy ing information relating to patient records) ‘‘(VI) other health care institution that is the patient records; and as confidential information.’’. similar to an entity referred to in subclause ‘‘(B) during the 60-day period described in (2) CLERICAL AMENDMENT.—The chapter (I), (II), (III), (IV), or (V); and subparagraph (A), the trustee shall attempt analysis for chapter 3 of title 11, United ‘‘(ii) any long-term care facility, including to notify directly each patient that is the States Code, is amended by inserting after any— subject of the patient records concerning the the item relating to section 331 the fol- ‘‘(I) skilled nursing facility; patient records by mailing to the last known lowing: ‘‘(II) intermediate care facility; ‘‘(III) assisted living facility; address of that patient an appropriate notice ‘‘332. Appointment of ombudsman.’’. ‘‘(IV) home for the aged; regarding the claiming or disposing of pa- (b) COMPENSATION OF OMBUDSMAN.—Section ‘‘(V) domicilary care facility; and tient records. 330(a)(1) of title 11, United States Code, is ‘‘(VI) health care institution that is re- ‘‘(3) If, after providing the notification amended— lated to a facility referred to in subclause under paragraph (2), patient records are not (1) in the matter proceeding subparagraph (I), (II), (III), (IV), or (V), if that institution claimed during the 60-day period described in (A), by inserting ‘‘an ombudsman appointed is primarily engaged in offering room, board, paragraph (2)(A) or in any case in which a under section 331, or’’ before ‘‘a professional laundry, or personal assistance with activi- notice is mailed under paragraph (2)(B), dur- person’’; and ties of daily living and incidentals to activi- ing the 90-day period beginning on the date (2) in subparagraph (A), by inserting ‘‘om- ties of daily living;’’. on which the notice is mailed, by a patient budsman,’’ before ‘‘professional person’’. (b) HEALTH MAINTENANCE ORGANIZATION or insurance provider in accordance with SEC. 1105. DEBTOR IN POSSESSION; DUTY OF DEFINED.—Section 101 of title 11, United that paragraph, the trustee shall destroy TRUSTEE TO TRANSFER PATIENTS. States Code, as amended by subsection (a), is those records by— (a) IN GENERAL.—Section 704(a) of title 11, amended by inserting after paragraph (27A) ‘‘(A) if the records are written, shredding United States Code, as amended by section the following: or burning the records; or 219 of this Act, is amended— ‘‘(27B) ‘health maintenance organization’ ‘‘(B) if the records are magnetic, optical, or (1) in paragraph (9), by striking ‘‘and’’ at means any person that undertakes to provide other electronic records, by otherwise de- the end; or arrange for basic health care services stroying those records so that those records (2) in paragraph (10), by striking the period through an organized system that— cannot be retrieved.’’. and inserting ‘‘; and’’; and ‘‘(A)(i) combines the delivery and financing (b) CLERICAL AMENDMENT.—The chapter (3) by adding at the end the following: of health care to enrollees; and analysis for chapter 3 of title 11, United ‘‘(11) use all reasonable and best efforts to ‘‘(ii)(I) provides— States Code, is amended by inserting after transfer patients from a health care business ‘‘(aa) physician services directly through the item relating to section 350 the fol- that is in the process of being closed to an physicians or 1 or more groups of physicians; lowing: appropriate health care business that— and ‘‘351. Disposal of patient records.’’. ‘‘(A) is in the vicinity of the health care ‘‘(bb) basic health care services directly or SEC. 1103. ADMINISTRATIVE EXPENSE CLAIM FOR business that is closing; under a contractual arrangement; and COSTS OF CLOSING A HEALTH CARE ‘‘(B) provides the patient with services ‘‘(II) if reasonable and appropriate, pro- BUSINESS. that are substantially similar to those pro- vides physician services and basic health Section 503(b) of title 11, United States vided by the health care business that is in care services through arrangements other Code, is amended— the process of being closed; and than the arrangements referred to in clause (1) in paragraph (5), by striking ‘‘and’’ at ‘‘(C) maintains a reasonable quality of (i); and the end; care.’’. (2) in paragraph (6), by striking the period ‘‘(B) includes any organization described in (b) CONFORMING AMENDMENT.—Section subparagraph (A) that provides, or arranges at the end and inserting ‘‘; and’’; and 1106(a)(1) of title 11, United States Code, is for, health care services on a prepayment or (3) by adding at the end the following: amended by striking ‘‘and 704(9)’’ and insert- other financial basis;’’. ‘‘(7) the actual, necessary costs and ex- ing ‘‘704(9), and 704(10)’’. (c) PATIENT.—Section 101 of title 11, United penses of closing a health care business in- TITLE øXII¿ XI—TECHNICAL States Code, as amended by subsection (b), is curred by a trustee, including any cost or ex- AMENDMENTS amended by inserting after paragraph (40) pense incurred— the following: ‘‘(A) in disposing of patient records in ac- SEC. ø1201.¿ 1101. DEFINITIONS. ‘‘(40A) ‘patient’ means any person who ob- cordance with section 351; or Section 101 of title 11, United States Code, tains or receives services from a health care ‘‘(B) in connection with transferring pa- as amended by section ø1101¿ 1003 of this Act, business;’’. tients from the health care business that is is amended— (d) PATIENT RECORDS.—Section 101 of title in the process of being closed to another (1) by striking ‘‘In this title—’’ and insert- 11, United States Code, as amended by sub- health care business.’’. ing ‘‘In this title:’’; S12040 CONGRESSIONAL RECORD — SENATE October 5, 1999 (2) in each paragraph, by inserting ‘‘The SEC. 1210. PRIORITIES. (3) by striking ‘‘the interest’’ and inserting term’’ after the paragraph designation; Section 507(a) of title 11, United States ‘‘such interest’’. (3) in paragraph (35)(B), by striking ‘‘para- Code, as amended by sections 211 and 229 of SEC. ø1218.¿ 1116. DISPOSITION OF PROPERTY OF graphs (21B) and (33)(A)’’ and inserting this Act, is amended— THE ESTATE. ‘‘paragraphs (23) and (35)’’; (1) in paragraph (4)(B), by striking the Section 726(b) of title 11, United States (4) in each of paragraphs (35A) and (38), by semicolon at the end and inserting a period; Code, is amended by striking ‘‘1009,’’. striking ‘‘; and’’ at the end and inserting a and SEC. ø1219.¿ 1117. GENERAL PROVISIONS. period; (2) in paragraph (8), by inserting ‘‘unse- Section 901(a) of title 11, United States (5) in paragraph (51B)— cured’’ after ‘‘allowed’’. Code, as amended by section ø901(k)¿ 502 of (A) by inserting ‘‘who is not a family farm- SEC. 1211. EXEMPTIONS. this Act, is amended by inserting ‘‘1123(d),’’ er’’ after ‘‘debtor’’ the first place it appears; Section 522(g)(2) of title 11, United States after ‘‘1123(b),’’. and Code, as amended by section 311 of this Act, SEC. ø1220.¿ 1118. ABANDONMENT OF RAILROAD (B) by striking ‘‘thereto having aggregate’’ is amended by striking ‘‘subsection (f)(2)’’ LINE. and all that follows through the end of the and inserting ‘‘subsection (f)(1)(B)’’. Section 1170(e)(1) of title 11, United States paragraph; SEC. ø1212.¿ 1110. EXCEPTIONS TO DISCHARGE. Code, is amended by striking ‘‘section 11347’’ (6) by striking paragraph (54) and inserting Section 523 of title 11, United States Code, and inserting ‘‘section 11326(a)’’. the following: as amended by section ø229¿ 714 of this Act, SEC. ø1221.¿ 1119. CONTENTS OF PLAN. ‘‘(54) The term ‘transfer’ means— is amended— Section 1172(c)(1) of title 11, United States ‘‘(A) the creation of a lien; (1) as amended by section 304(e) of Public Code, is amended by striking ‘‘section 11347’’ ‘‘(B) the retention of title as a security in- Law 103–394 (108 Stat. 4133), in paragraph (15), and inserting ‘‘section 11326(a)’’. terest; by transferring such paragraph so as to in- SEC. ø1222.¿ 1120. DISCHARGE UNDER CHAPTER ‘‘(C) the foreclosure of a debtor’s equity of sert øit¿ such paragraph after paragraph (14) 12. redemption; or of subsection (a); Subsections (a) and (c) of section 1228 of ‘‘(D) each mode, direct or indirect, abso- (2) in subsection (a)— title 11, United States Code, are amended by lute or conditional, voluntary or involun- (A) in paragraph (3), by striking ‘‘or (6)’’ striking ‘‘1222(b)(10)’’ each place it appears tary, of disposing of or parting with— each place it appears and inserting ‘‘(6), or and inserting ‘‘1222(b)(9)’’. ‘‘(i) property; or (15)’’; SEC. ø1223.¿ 1121. BANKRUPTCY CASES AND PRO- ‘‘(ii) an interest in property;’’; (B) in paragraph (9), by striking ‘‘motor ve- CEEDINGS. (7) in each of paragraphs (1) through (35), in hicle or vessel’’ and inserting ‘‘motor vehi- Section 1334(d) of title 28, United States each of paragraphs (36) and (37), and in each cle, vessel, or aircraft’’; and Code, is amended— of paragraphs (40) through (55) (including (C) in paragraph (15), as so redesignated by (1) by striking ‘‘made under this sub- paragraph (54), as amended by paragraph (6) paragraph (1) of this subsection, by inserting section’’ and inserting ‘‘made under sub- of this section), by striking the semicolon at ‘‘to a spouse, former spouse, or child of the section (c)’’; and the end and inserting a period; and debtor and’’ after ‘‘(15)’’; and (2) by striking ‘‘This subsection’’ and in- (8) by redesignating paragraphs (4) through (2) in subsection (a)(9), by striking ‘‘motor ve- serting ‘‘Subsection (c) and this subsection’’. (55), including paragraph (54), as amended by hicle or vessel’’ and inserting ‘‘motor vehicle, SEC. ø1224.¿ 1122. KNOWING DISREGARD OF paragraph (6) of this section, in entirely nu- vessel, or aircraft’’; and BANKRUPTCY LAW OR RULE. merical sequence. (3) in subsection (e), by striking ‘‘a in- Section 156(a) of title 18, United States SEC. ø1202.¿ 1102. ADJUSTMENT OF DOLLAR sured’’ and inserting ‘‘an insured’’. Code, is amended— AMOUNTS. SEC. ø1213.¿ 1111. EFFECT OF DISCHARGE. (1) in the first undesignated paragraph— Section 104 of title 11, United States Code, Section 524(a)(3) of title 11, United States (A) by inserting ‘‘(1) the term’’ before is amended by inserting ‘‘522(f)(3), Code, is amended by striking ‘‘section 523’’ ‘‘ ‘bankruptcy’’; and ø707(b)(5),¿’’ after ‘‘522(d),’’ each place it ap- and all that follows through ‘‘or that’’ and (B) by striking the period at the end and pears. inserting ‘‘section 523, 1228(a)(1), or 1328(a)(1), inserting ‘‘; and’’; and SEC. ø1203.¿ 1103. EXTENSION OF TIME. or that’’. (2) in the second undesignated paragraph— Section 108(c)(2) of title 11, United States SEC. ø1214.¿ 1112. PROTECTION AGAINST DIS- (A) by inserting ‘‘(2) the term’’ before CRIMINATORY TREATMENT. Code, is amended by striking ‘‘922’’ and all ‘‘ ‘document’’; and Section 525(c) of title 11, United States that follows through ‘‘or’’, and inserting (B) by striking ‘‘this title’’ and inserting Code, is amended— ‘‘922, 1201, or’’. ‘‘title 11’’. (1) in paragraph (1), by inserting ‘‘student’’ SEC. ø1204.¿ 1104. TECHNICAL AMENDMENTS. SEC. ø1225.¿ 1123. TRANSFERS MADE BY NON- before ‘‘grant’’ the second place it appears; PROFIT CHARITABLE CORPORA- Title 11, øof the¿ United States Code, is and TIONS. amended— (2) in paragraph (2), by striking ‘‘the pro- (a) SALE OF PROPERTY OF ESTATE.—Section (1) in section 109(b)(2), by striking ‘‘sub- gram operated under part B, D, or E of’’ and 363(d) of title 11, United States Code, is section (c) or (d) of’’; and inserting ‘‘any program operated under’’. amended by striking ‘‘only’’ and all that fol- ø(2) in section 541(b)(4), by adding ‘‘or’’ at SEC. ø1215.¿ 1113. PROPERTY OF THE ESTATE. lows through the end of the subsection and the end; and¿ Section 541(b)(4)(B)(ii) of title 11, United inserting ‘‘only— ø(3)¿ (2) in section 552(b)(1), by striking States Code, is amended by inserting ‘‘365 ‘‘(1) in accordance with applicable non- ‘‘product’’ each place it appears and insert- or’’ before ‘‘542’’. bankruptcy law that governs the transfer of ing ‘‘products’’. SEC. ø1216.¿ 1114. PREFERENCES. property by a corporation or trust that is SEC. ø1205.¿ 1105. PENALTY FOR PERSONS WHO (a) IN GENERAL.—Section 547 of title 11, not a moneyed, business, or commercial cor- NEGLIGENTLY OR FRAUDULENTLY United States Code, as amended by section poration or trust; and PREPARE BANKRUPTCY PETITIONS. 201(b) of this Act, is amended— ‘‘(2) to the extent not inconsistent with Section 110(j)(3) of title 11, United States (1) in subsection (b), by striking ‘‘sub- any relief granted under subsection (c), (d), Code, is amended by striking ‘‘attorney’s’’ section (c)’’ and inserting ‘‘subsections (c) (e), or (f) of section 362.’’. and inserting ‘‘attorneys’ ’’. and (i)’’; and (b) CONFIRMATION OF PLAN FOR REORGA- SEC. ø1206.¿ 1106. LIMITATION ON COMPENSA- (2) by adding at the end the following: NIZATION.—Section 1129(a) of title 11, United TION OF PROFESSIONAL PERSONS. ‘‘(i) If the trustee avoids under subsection States Code, as amended by section 212 of Section 328(a) of title 11, United States (b) a security interest given between 90 days this Act, is amended by adding at the end Code, is amended by inserting ‘‘on a fixed or and 1 year before the date of the filing of the the following: percentage fee basis,’’ after ‘‘hourly basis,’’. petition, by the debtor to an entity that is ‘‘(15) All transfers of property of the plan SEC. ø1207.¿ 1107. SPECIAL TAX PROVISIONS. not an insider for the benefit of a creditor shall be made in accordance with any appli- that is an insider, such security interest Section 346(g)(1)(C) of title 11, United cable provisions of nonbankruptcy law that shall be considered to be avoided under this States Code, is amended by striking ‘‘, ex- govern the transfer of property by a corpora- section only with respect to the creditor cept’’ and all that follows through ‘‘1986’’. tion or trust that is not a moneyed, business, that is an insider.’’. or commercial corporation or trust.’’. SEC. ø1208.¿ 1108. EFFECT OF CONVERSION. (b) APPLICABILITY.—The amendments made (c) TRANSFER OF PROPERTY.—Section 541 of Section 348(f)(2) of title 11, United States by this section shall apply to any case that title 11, United States Code, is amended by Code, is amended by inserting ‘‘of the es- pending or commenced on or after the date adding at the end the following: tate’’ after ‘‘property’’ the first place it ap- of enactment of this Act. ‘‘(f) Notwithstanding any other provision pears. SEC. ø1217.¿ 1115. POSTPETITION TRANSACTIONS. of this title, property that is held by a debt- SEC. ø1209.¿ 1109. ALLOWANCE OF ADMINISTRA- Section 549(c) of title 11, United States or that is a corporation described in section TIVE EXPENSES. Code, is amended— 501(c)(3) of the Internal Revenue Code of 1986 Section 503(b)(4) of title 11, United States (1) by inserting ‘‘an interest in’’ after and exempt from tax under section 501(a) of Code, is amended by inserting ‘‘subparagraph ‘‘transfer of’’; such Code may be transferred to an entity (A), (B), (C), (D), or (E) of’’ before ‘‘paragraph (2) by striking ‘‘such property’’ and insert- that is not such a corporation, but only (3)’’. ing ‘‘such real property’’; and under the same conditions as would apply if October 5, 1999 CONGRESSIONAL RECORD — SENATE S12041

the debtor had not filed a case under this (2) VACANCIES.—The first vacancy occur- travel expense identified under clause (i), title.’’. ring in the office of a bankruptcy judge in with the name of the bankruptcy judge to (d) APPLICABILITY.—The amendments made each of the judicial districts set forth in whom the travel applies; and by this section shall apply to a case pending paragraph (1) that— ‘‘(iii) the number of days of each travel de- under title 11, United States Code, on the (A) results from the death, retirement, res- scribed under clause (ii), with the name of date of enactment of this Act, except that ignation, or removal of a bankruptcy judge; the bankruptcy judge to whom the travel ap- the court shall not confirm a plan under and plies. chapter 11 of this title without considering (B) occurs 5 years or more after the ap- ‘‘(4)(A) The Director of the Administrative whether this section would substantially af- pointment date of a bankruptcy judge ap- Office of the United States Courts shall— fect the rights of a party in interest who pointed under paragraph (1); ‘‘(i) consolidate the reports submitted first acquired rights with respect to the shall not be filled. under paragraph (3) into a single report; and debtor after the date of the petition. The (c) EXTENSIONS.— ‘‘(ii) annually submit such consolidated re- parties who may appear and be heard in a (1) IN GENERAL.—The temporary bank- port to Congress. proceeding under this section include the at- ruptcy judgeship positions authorized for the ‘‘(B) The consolidated report submitted torney general of the State in which the northern district of Alabama, the district of under this paragraph shall include the spe- debtor is incorporated, was formed, or does Delaware, the district of Puerto Rico, the cific information required under paragraph business. (3)(B), including the name of each bank- (e) RULE OF CONSTRUCTION.—Nothing in district of South Carolina, and the eastern district of Tennessee under section 3(a) (1), ruptcy judge with respect to clauses (i), (ii), this section shall be construed to require the and (iii) of paragraph (3)(B).’’. court in which a case under chapter 11 is (3), (7), (8), and (9) of the Bankruptcy Judge- pending to remand or refer any proceeding, ship Act of 1992 (28 U.S.C. 152 note) are ex- TITLE øXIII¿ XII—GENERAL EFFECTIVE issue, or controversy to any other court or to tended until the first vacancy occurring in DATE; APPLICATION OF AMENDMENTS require the approval of any other court for the office of a bankruptcy judge in the appli- SEC. ø1301.¿ 1201. EFFECTIVE DATE; APPLICATION the transfer of property. cable district resulting from the death, re- OF AMENDMENTS. SEC. ø1226.¿ 1124. PROTECTION OF VALID PUR- tirement, resignation, or removal of a bank- (a) EFFECTIVE DATE.—Except as provided CHASE MONEY SECURITY INTER- ruptcy judge and occurring— otherwise in this Act, this Act and the ESTS. (A) 8 years or more after November 8, 1993, amendments made by this Act shall take ef- Section 547(c)(3)(B) of title 11, United with respect to the northern district of Ala- fect 180 days after the date of enactment of States Code, is amended by striking ‘‘20’’ and bama; this Act. inserting ‘‘30’’. (B) 10 years or more after October 28, 1993, (b) APPLICATION OF AMENDMENTS.—The SEC. ø1227.¿ 1125. EXTENSIONS. with respect to the district of Delaware; amendments made by this Act shall not Section 302(d)(3) of the Bankruptcy, (C) 8 years or more after August 29, 1994, apply with respect to cases commenced Judges, United States Trustees, and Family with respect to the district of Puerto Rico; under title 11, United States Code, before the Farmer Bankruptcy Act of 1986 (28 U.S.C. 581 (D) 8 years or more after June 27, 1994, with effective date of this Act. note) is amended— respect to the district of South Carolina; and (1) in subparagraph (A), in the matter fol- (E) 8 years or more after November 23, 1993, lowing clause (ii), by striking ‘‘or October 1, with respect to the eastern district of Ten- WYDEN AMENDMENT NO. 2255 2002, whichever occurs first’’; and nessee. (2) in subparagraph (F)— (2) APPLICABILITY OF OTHER PROVISIONS.— (Ordered to lie on the table.) (A) in clause (i)— All other provisions of section 3 of the Bank- Mr. WYDEN submitted an amend- (i) in subclause (II), by striking ‘‘or Octo- ruptcy Judgeship Act of 1992 remain applica- ment intended to be proposed by him ber 1, 2002, whichever occurs first’’; and ble to such temporary judgeship positions. to the bill S. 82, supra; as follows: (d) TECHNICAL AMENDMENT.—The first sen- (ii) in the matter following subclause (II), On page 106, line 25, strike ‘‘COMMER- by striking ‘‘October 1, 2003, or’’; and tence of section 152(a)(1) of title 28, United CIAL AVIATION’’ and insert ‘‘Additional (B) in clause (ii), in the matter following States Code, is amended to read as follows: subclause (II)— ‘‘Each bankruptcy judge to be appointed for Compensation’’. (i) by striking ‘‘before October 1, 2003, or’’; a judicial district as provided in paragraph On page 107, line 1, beginning with and (2) shall be appointed by the United States ‘‘If’’ strike all through ‘‘additional’’ on (ii) by striking ‘‘, whichever occurs first’’. court of appeals for the circuit in which such line 2, and insert ‘‘Additional’’. SEC. ø1228.¿ 1126. BANKRUPTCY JUDGESHIPS. district is located.’’. On page 107, line 21, strike ‘‘caused (a) SHORT TITLE.—This section may be (e) TRAVEL EXPENSES OF BANKRUPTCY during commercial aviation occurring cited as the ‘‘Bankruptcy Judgeship Act of JUDGES.—Section 156 of title 28, United after July 16, 1996’’ and insert ‘‘occur- States Code, is amended by adding at the end 1999’’. ring after November 23, 1995’’. (b) TEMPORARY JUDGESHIPS.— the following: (1) APPOINTMENTS.—The following judge- ‘‘(g)(1) In this subsection, the term ‘travel ship positions shall be filled in the manner expenses’— BURNS (AND ASHCROFT) prescribed in section 152(a)(1) of title 28, ‘‘(A) means the expenses incurred by a United States Code, for the appointment of bankruptcy judge for travel that is not di- AMENDMENT NO. 2256 bankruptcy judges provided for in section rectly related to any case assigned to such Mr. MCCAIN (for Mr. BURNS (for him- 152(a)(2) of such title: bankruptcy judge; and self and Mr. ASHCROFT)) proposed an (A) One additional bankruptcy judgeship ‘‘(B) shall not include the travel expenses amendment to the bill S. 82, supra; as for the eastern district of California. of a bankruptcy judge if— follows: (B) Four additional bankruptcy judgeships ‘‘(i) the payment for the travel expenses is for the central district of California. paid by such bankruptcy judge from the per- SECTION 1. SHORT TITLE. (C) One additional bankruptcy judgeship sonal funds of such bankruptcy judge; and This title may be cited as the ‘‘Improved for the southern district of Florida. ‘‘(ii) such bankruptcy judge does not re- Consumer Access to Travel Information (D) Two additional bankruptcy judgeships ceive funds (including reimbursement) from Act’’. for the district of Maryland. the United States or any other person or en- SEC. 2. NATIONAL COMMISSION TO ENSURE CON- (E) One additional bankruptcy judgeship tity for the payment of such travel expenses. SUMER INFORMATION AND CHOICE for the eastern district of Michigan. ‘‘(2) Each bankruptcy judge shall annually IN THE AIRLINE INDUSTRY. (F) One additional bankruptcy judgeship submit the information required under para- (b) ESTABLISHMENT.—There is established a for the southern district of Mississippi. graph (3) to the chief bankruptcy judge for commission to be known as the ‘‘National (G) One additional bankruptcy judgeship the district in which the bankruptcy judge is Commission to Ensure Consumer Informa- for the district of New Jersey. assigned. tion and Choice in the Airline Industry’’ (in (H) One additional bankruptcy judgeship ‘‘(3)(A) Each chief bankruptcy judge shall this section referred to as the ‘‘Commis- for the eastern district of New York. submit an annual report to the Director of sion’’). (I) One additional bankruptcy judgeship for the Administrative Office of the United (c) DUTIES.— the northern district of New York. States Courts on the travel expenses of each (1) STUDY.—The Commission shall under- (J) One additional bankruptcy judgeship bankruptcy judge assigned to the applicable take a study of— for the southern district of New York. district (including the travel expenses of the (A) consumer access to information about (K) One additional bankruptcy judgeship chief bankruptcy judge of such district). the products and services of the airline in- for the eastern district of Pennsylvania. ‘‘(B) The annual report under this para- dustry; (L) One additional bankruptcy judgeship graph shall include— (B) the effect on the marketplace on the for the middle district of Pennsylvania. ‘‘(i) the travel expenses of each bankruptcy emergency of new means of distributing such (M) One additional bankruptcy judgeship judge, with the name of the bankruptcy products and services; for the western district of Tennessee. judge to whom the travel expenses apply; (C) the effect on consumers of the declin- (N) One additional bankruptcy judgeship ‘‘(ii) a description of the subject matter ing financial condition of travel agents in for the eastern district of Virginia. and purpose of the travel relating to each the United States; and S12042 CONGRESSIONAL RECORD — SENATE October 5, 1999 (D) the impediments imposed by the air- (D) 3 voting members and 3 nonvoting Mr. INHOFE submitted an amend- line industry on distributors of the indus- members appointed by the majority leader of ment intended to be proposed by him try’s products and services, including travel the Senate. to the bill S. 82, supra; as follows: agents and Internet-based distributors. (E) 2 voting members and 2 nonvoting (2) POLICY RECOMMENDATIONS.—Based on members appointed by the minority leader of On page 132, line 4, strike ‘‘is authorized the results of the study described in para- the Senate. to’’ and insert ‘‘shall’’. graph (1), the Commission shall recommend (2) QUALIFICATIONS.—Voting members ap- pointed under paragraph (1) shall be ap- to the President and Congress policies nec- BAUCUS AMENDMENT NO. 2258 essary to— pointed from among individuals who are ex- (A) ensure full consumer access to com- perts in economics, service product distribu- (Ordered to lie on the table.) plete information concerning airline fares, tion, or transportation, or any related dis- Mr. BAUCUS submitted an amend- routes, and other services; cipline, and who can represent consumers, ment intended to be proposed by him (B) ensure that the means of distributing passengers, shippers, travel agents, airlines, to the bill S. 82, supra; as follows: the products and services of the airline in- or general aviation. dustry, and of disseminating information (3) TERMS.—Members shall be appointed for At the end of title IV of the Manager’s sub- about such products and services, is ade- the life of the Commission. stitute amendment, add the following: quate to ensure that competitive informa- (4) VACANCIES.—A vacancy in the Commis- SEC. ll. SENSE OF THE SENATE. tion is available in the marketplace; sion shall be filled in the manner in which (a) FINDINGS.—The Senate makes the fol- (C) ensure that distributors of the products the original appointment was made. lowing findings: and services of the airline industry have ade- (5) TRAVEL EXPENSES.—Members shall (1) Recreational use of public lands is in- quate relief from illegal, anticompetitive serve without pay but shall receive travel ex- creasing in the United States and Canada. practices that occur in the marketplace; and penses, including per diem in lieu of subsist- (2) The increased recreational use can ben- (D) foster healthy competition in the air- ence, in accordance with subchapter I of efit local economies and create jobs. line industry and the entry of new entrants. chapter 57 of title 5, United States Code. (3) Increased recreational use can also (6) CHAIRPERSON.—The President, in con- (d) SPECIFIC MATTERS TO BE ADDRESSED.— bring the public into greater contact with sultation with the Speaker of the House of In carrying out the study authorized under grizzly bears and black bears. Representatives and the majority leader of subsection (c)(1), the Commission shall spe- (4) These conflicts can cause harm to rec- the Senate, shall designate the Chairperson cifically address the following: reational users and wildlife alike. (1) CONSUMER ACCESS TO INFORMATION.— of the Commission (referred to in this Act as (5) United States companies produce pep- With respect to consumer access to informa- the ‘‘Chairperson’’) from among its voting per spray devices that have been dem- tion regarding the services and products of- members. onstrated to reduce the severity and injury fered by the airline industry, the following: (f) COMMISSION PANELS.—The Chairperson of these conflicts to both people and wildlife. (A) The state of such access. shall establish such panels consisting of vot- (B) The effect in the 5-year period fol- ing members of the Commission as the (6) These companies contribute to local lowing the date of the study of the making of Chairperson determines appropriate to carry economies and provide employment in dis- alliances in the airline industry. out the functions of the Commission. tressed areas. (C) Whether and to what degree the trends (g) STAFF.—The Commission may appoint (7) Current Federal regulations prohibit regarding such access will produce benefits and fix the pay of such personnel as it con- airline passengers from carrying pepper to consumers. siders appropriate. spray devices in checked baggage that are of (2) MEANS OF DISTRIBUTION.—With respect (h) STAFF OF FEDERAL AGENCIES.—Upon re- sufficient size to deter bears, thereby cre- to the means of distributing the products quest of the Commission, the head of any de- ating a disincentive to the use of these pep- and services of the airline industry, the fol- partment or agency of the United States per spray devices. lowing: may detail, on a reimbursable basis, any of (b) SENSE OF THE SENATE.—It is the sense (A) The state of such means of distribu- the personnel of that department or agency of the Senate that Federal regulations tion. to the Commission to assist it in carrying should be changed to allow these types of (B) The roles played by travel agencies and out its duties under this section. pepper spray devices to be carried in checked Internet-based providers of travel informa- (i) OTHER STAFF AND SUPPORT.—Upon the baggage on domestic airlines consistent with tion and services in distributing such prod- request of the Commission, or a panel of the the interests of passenger safety. ucts and services. Commission, the Secretary of Transpor- (C) Whether the policies of the United tation shall provide the Commission or panel States promote the access of consumers to with professional and administrative staff ROBB (AND OTHERS) AMENDMENT multiple means of distribution. and other support, on a reimbursable basis, NO. 2259 (3) AIRLINE RESERVATION SYSTEMS.—With to assist the Commission or panel in car- respect to airline reservation systems, the Mr. ROBB (for himself, Mr. SAR- rying out its responsibilities. BANES, Ms. MIKULSKI, and Mr. WARNER) following: (j) OBTAINING OFFICIAL DATA.—The Com- (A) The rules, regulations, policies, and mission may secure directly from any de- proposed an amendment to amendment practices of the industry governing such sys- partment or agency of the United States in- No. 1892 proposed by Mr. Gorton to the tems. formation (other than information required bill, S. 82, supra; as follows: (B) How trends in such systems will affect by any statute of the United States to be Beginning on page 12 of the amendment, consumers, including— kept confidential by such department or (i) the effect on consumer access to flight strike line 18 and all that follows through agency) necessary for the Commission to reservation information; and page 19, line 2, and redesignate the remain- (ii) the effect on consumers of the use by carry out its duties under this section. Upon ing subsections and references thereto ac- the airline industry of penalties and pro- request of the Commission, the head of that cordingly. motions to convince distributors to use such department or agency shall furnish such nonconfidential information to the Commis- systems, and the degree of consumer aware- WYDEN AMENDMENTS NOS. 2260– ness of such penalties and promotions. sion. (k) REPORT.—Not later than 6 months after (4) LEGAL IMPEDIMENTS TO DISTRIBUTORS 2262 the date on which initial appointments of SEEKING RELIEF FOR ANTICOMPETITIVE AC- (Ordered to lie on the table.) members to the Commission are completed, TIONS.—The policies of the United States Mr. WYDEN submitted an amend- with respect to the legal impediments to dis- the Commission shall transmit to the Presi- dent and Congress a report on the activities ment intended to be proposed by him tributors seeking relief for anticompetitive to the bill S. 82, supra; as follows: actions, including— of the Commission, including recommenda- (A) Federal preemption of civil actions tions made by the Commission under sub- AMENDMENT NO. 2260 against airlines; and section (c)(2). On page 106, strike line 25 and all that fol- (l) TERMINATION.—The Commission shall (B) the role of the Department of Transpor- lows through the comma on page 107, line 2. terminate on the 30th day following the date tation in enforcing rules against anti- On page 107, line 21, strike ‘‘caused during of transmittal of the report under subsection competitive practices. commercial aviation’’. (e) MEMBERSHIP.— (k). All records and papers of the Commis- (1) APPOINTMENT.—The Commission shall sion shall thereupon be delivered by the Ad- AMENDMENT NO. 2261 be composed of 15 voting members and 11 ministrator of General Services for deposit nonvoting members as follows: in the National Archives. On page 106, strike line 25 and all that fol- (A) 5 voting members and 1 nonvoting (m) APPLICABILITY OF THE FEDERAL ADVI- lows through ‘‘additional’’ on page 107, line 2 member appointed by the President. SORY COMMITTEE ACT.—The Federal Advisory and insert the following: (B) 3 voting members and 3 nonvoting Committee Act (5 U.S.C. App.) shall not ‘‘(b) ADDITIONAL COMPENSATION.— members appointed by the Speaker of the apply to the Commission. ‘‘(1) IN GENERAL.—Additional’’. House of Representatives. On page 107, line 21, strike ‘‘caused during (C) 2 voting members and 2 nonvoting commercial aviation occurring after July 16, members appointed by the minority leader of INHOFE AMENDMENT NO. 2257 1996’’ and insert ‘‘occurring after November the House of Representatives. (Ordered to lie on the table.) 23, 1995’’. October 5, 1999 CONGRESSIONAL RECORD — SENATE S12043

AMENDMENT NO. 2262 shall be designated as commuter slot exemp- quiet aircraft technology for purposes of this On page 106, beginning on line 25, strike all tions; and section. If no requirements are promulgated through page 107, line 21, and insert the fol- ‘‘(B) 12 shall be air carrier slot exemptions. as mandated by this paragraph, then begin- lowing: ‘‘(c) PROCEDURAL REQUIREMENTS.—Before ning 9 months after enactment of this Act ‘‘(b) ADDITIONAL COMPENSATION.— granting exemptions under subsection (a), and until the provisions of this paragraph ‘‘(1) IN GENERAL.—Additional compensation the Secretary shall— are met, any aircraft shall be considered to for nonpecuniary damages for wrongful ‘‘(1) conduct an environmental review, tak- be in compliance with this paragraph. death of a decedent is recoverable in a total ing noise into account, and determine that (B) ROUTES OF CORRIDORS.—The Adminis- amount, for all beneficiaries of that dece- the granting of the exemptions will not trator shall by rule establish routes or cor- dent, that shall not exceed the greater of the cause a significant increase in noise; ridors for commercial air tours (as defined in pecuniary loss sustained or a sum total of ‘‘(2) determine whether capacity is avail- section 4012(d)(1) of title 49, United States $750,000 from all defendants for all claims. able and can be used safely and, if the Sec- Code) by fixed-wing and helicopter aircraft Punitive damages are not recoverable. retary so determines then so certify; that employ quiet aircraft technology for— ‘‘(2) INFLATION ADJUSTMENT.—The $750,000 ‘‘(3) give 30 days notice to the public (i) tours of the Grand Canyon originating amount shall be adjusted, beginning in cal- through publication in the Federal Register in Clark County, Nevada; and endar year 2000 by the increase, if any, in the of the Secretary’s intent to grant the exemp- (ii) ‘‘local loop’’ tours originating at the Consumer Price Index for all urban con- tions; and Grand Canyon National Park Airport, in sumers for the prior year over the Consumer ‘‘(4) consult with appropriate officers of Tusayan, Arizona. Price Index for all urban consumers for the the State and local government on any re- (C) OPERATIONAL CAPS AND EXPANDED calendar year 1998. lated noise and environmental issues. HOURS.—Commercial air tours (as so defined) ‘‘(3) NONPECUNIARY DAMAGES.—For pur- ‘‘(d) UNDERSERVED MARKET DEFINED.—In by any fixed-wing or helicopter aircraft that poses of this subsection, the term ‘nonpecu- this section, the term ‘service to underserved employs quiet aircraft technology and that niary damages’ means damages for loss of markets’ means passenger air transportation replaces an existing aircraft— care, comfort, and companionship.’’. service to an airport that is a nonhub airport (i) shall not be subject to operational flight allocations applicable to other commercial (b) EFFECTIVE DATE.—The amendment or a small hub airport (as defined in para- made by subsection (a) applies to any death graphs (4) and (5), respectively, of section air tours of the Grand Canyon; and (ii) may be conducted during the hours occurring after November 23, 1995. 41731(a)).’’. from 7:00 a.m. to 7:00 p.m. (2) 3-YEAR REPORT.—The Secretary shall (D) MODIFICATION OF EXISTING AIRCRAFT TO study and submit a report 3 years after the ABRAHAM AMENDMENT NO. 2263 MEET STANDARDS.—A commercial air tour (as first exemption granted under section (Ordered to lie on the table.) so defined) by a fixed-wing or helicopter air- 41718(a) of title 49, United States Code, is craft in a commercial air tour operator’s Mr. ABRAHAM submitted an amend- first used on the impact of the additional ment intended to be proposed by him fleet on the date of enactment of this Act slots on the safety, environment, noise, ac- that meets the requirements designated to the bill, S. 82, supra; as follows: cess to underserved markets, and competi- under the personally (a), or is subsequently At the appropriate place insert the fol- tion at Chicago O’Hare International Air- modified to meet the requirements des- lowing: port. ignated under subparagraph (A) may be used SEC. . REPEAL OF LIMIT ON SLOTS FOR BASIC On page 19, strike lines 10 and 11. for commercial air tours under the same ESSENTIAL AIR SERVICE AT CHI- On page 19, line 12, strike ‘‘(B)’’ and insert terms and conditions as a replacement air- CAGO O’HARE AIRPORT. ‘‘(A). craft under subparagraph (C) without regard 49 United States Code section 41714(a)(3) is On page 19, line 13, strike ‘‘(C)’’ and insert to whether it replaces an existing aircraft. amended by striking ‘‘except that the Sec- ‘‘(B). (E) GOAL OF RESTORING NATURAL QUIET.— retary shall not be required to make slots On page 19, line 15, strike ‘‘(D)’’ and insert Nothing in this paragraph reduces the goal, available at O’Hare International Airport in ‘‘(C). established for the Federal Aviation Admin- Chicago, Illinois, if the number of slots istration and the National Park Service available for basic essential air service (in- COVERDELL AMENDMENT NO. 2265 under Public Law 100–91 (16 U.S.C. 1a–1 note), cluding slots specifically designated as es- of achieving substantial restoration of the sential air service slots and slots for such Mr. MCCAIN (for Mr. COVERDELL) natural quiet at the Grand Canyon National purposes) to and from such airport is at least proposed an amendment to the bill, S. Park. 132 slots’’. 82, supra; as follows: At the appropriate place, insert the fol- At the appropriate place in the Manager’s lowing: FITZGERALD (AND DURBIN) substitute amendment, insert the following: TITLE —AIRLINE CUSTOMER SERVICE ABRAHAM AMENDMENT NO. 2264 SEC. . AVAILABILITY OF FUNDS FOR GEORGIA’S COMMITMENT Mr. FITZGERALD (for himself and REGIONAL AIRPORT ENHANCEMENT SEC. 01. AIRLINE CUSTOMER SERVICE RE- PROGRAM. PORTS. URBIN Mr. D ) proposed an amendment to Of the amounts made available to the Sec- (a) SECRETARY TO REPORT PLANS RE- the bill, S. 82, supra; as follows: retary of Transportation for the fiscal year CEIVED.—Each air carrier that provides On page 5, beginning with ‘‘apply—’’ in line 2000 under section 48103 of title 49, United scheduled passenger air transportation and 15, strike through line 19 and insert ‘‘apply States Code, Funds may be available for that is a member of the Air Transport Asso- after December 31, 2006, at LaGuardia Air- Georgia’s regional airport enhancement pro- ciation, all of which have entered into the port or John F. Kennedy International Air- gram for the acquisition of land. voluntary customer service commitments es- port.’’. tablished by the Association on June 17, 1999, On page 8, beginning with line 7, strike (hereinafter referred to as the ‘‘Airline Cus- MCCAIN (AND OTHERS) through line 17 on page 12 and insert the fol- tomer Service Commitment’’), shall provide lowing: AMENDMENTS NO. 2266 a copy of its individual customer service (1) IN GENERAL.—Subchapter I of chapter Mr. MCCAIN (for himself, Mr. HOL- plan to the Secretary of Transportation by 417, as amended by subsection (d), is amend- LINGS, and Mr. GORTON, and Mr. ROCKE- September 15, 1999. The Secretary, upon re- ed by inserting after section 41717 the fol- FELLER) proposed an amendment to the ceipt of the individual plans, shall report to lowing: bill, S. 82, supra; as follows: the Senate Committee on Commerce, ‘‘§ 41718. Special Rules for Chicago O’Hare Inter- Science, and Transportation and to the national Airport On page 7, line 5 beginning with ‘‘striking’’ House of Representatives Committee on ‘‘(a) IN GENERAL.—The Secretary of Trans- strike through ‘‘1999,’’ in line 8 and insert Transportation and Infrastructure the re- portation shall grant 30 slot exemptions over ‘‘striking ‘1999.’ and inserting ‘1999,’ ’’. ceipt of each such plan and transmit a copy a 3-year period beginning on the date of On page 7, line 14, strike ‘‘ ‘August 6, 1999’ ’’ of each plan. amendment of the Air Transportation Im- and insert ‘‘ ‘September 30, 1999,’ ’’. (b) IMPLEMENTATION.—The Inspector Gen- provement Act at Chicago O’Hare Inter- On page 111 beginning with line 1, strike eral of the Department of Transportation national Airport. through line 12 on page 112. shall monitor the implementation of any ‘‘(b) EQUIPMENT AND SERVICE REQUIRE- On page 180, after line 15, insert the fol- plan submitted to the Secretary under sub- MENTS.— lowing: section (a) and evaluate the extent to which ‘‘(1) STAGE 3 AIRCRAFT REQUIRED.—An ex- (3) QUIET AIRCRAFT TECHNOLOGY FOR GRAND each such carrier has met its commitments emption may not be granted under this sec- CANYON.— under its plan. Each such carrier shall pro- tion with respect to any aircraft that is not (A) QUIET TECHNOLOGY REQUIREMENTS.— vide such information to the Inspector Gen- a Stage 3 aircraft (as defined by the Sec- Within 9 months after the date of enactment eral as may be necessary for the Inspector retary). of this Act, the Administrator of the Federal General to prepare the report required by ‘‘(2) SERVICE PROVIDED.—Of the exemptions Aviation Administration shall designate rea- subsection (c). granted under subsection (a)— sonably achievable requirements for fixed- (c) REPORTS TO THE CONGRESS.— ‘‘(A) 18 shall be used only for service to un- wing and helicopter aircraft necessary for (1) INTERIM REPORT.—The Inspector Gen- derserved markets, of which no fewer than 6 such aircraft to be considered as emloying eral shall submit a report of the Inspector S12044 CONGRESSIONAL RECORD — SENATE October 5, 1999 General’s findings under subsection (a) to ‘‘§ 48112. Consumer protection ministration or a designated representative the Senate Committee on Commerce, ‘‘There are authorized to be appropriated of the Administrator); and Science, and Transportation and the House to the Secretary of Transportation out of the (B) State and local governments in any ge- of Representatives Committee on Transpor- Airport and Airway Trust Fund established ographic area in which the program may op- tation and Infrastructure by June 15, 2000, under section 9502 of the Internal Revenue erate. that includes a status report on completion, Code of 1986 for the purpose of ensuring com- (3) TRAINING AND BACKGROUND OF LAW EN- publication, and implementation of the Air- pliance with, and enforcing, the rights of air FORCEMENT OFFICERS.— line Customer Service Commitment and the travelers under sections 41310 and 41712 of (A) IN GENERAL.—Under the program estab- individual airline plans to carry it out. The this title— lished under this subsection, to qualify to report shall include a review of whether each ‘‘(1) $2,300,000 for fiscal year 2000; serve as a Deputy United States Marshal air carrier has modified its contract of car- ‘‘(2) $2,415,000 for fiscal year 2001; under the program, a State or local law en- riage or conditions of contract to reflect ‘‘(3) $2,535,750 for fiscal year 2002; and forcement officer shall— each item of the Airline Customer Service ‘‘(2) $2,662,500 for fiscal year 2003.’’. (i) meet the minimum background and Commitment. (b) CONFORMING AMENDMENT.—The chapter training requirements for a law enforcement (2) FINAL REPORT; RECOMMENDATIONS.— analysis for chapter 481 is amended by add- officer under part 107 of title 14, Code of Fed- (A) IN GENERAL.—The Inspector General ing at the end thereof the following: eral Regulations (or equivalent requirements shall submit a final report to the Senate ‘‘48112. Consumer protection’’. established by the Attorney General); and Committee on Commerce, Science, and At the appropriate place, add the following (ii) receive approval to participate in the Transportation and the House of Representa- new title: program from the State or local law enforce- tives Committee on Transportation and In- TITLE ll—PENALTIES FOR UNRULY ment agency that is the employer of that frastructure by December 31, 2000, on the ef- PASSENGERS law enforcement officer. fectiveness of the Airline Customer Service ll (B) TRAINING NOT FEDERAL RESPONSI- Commitment and the individual airline plans SEC. 01. PENALTIES FOR UNRULY PAS- SENGERS. BILITY.—The Federal Government shall not to carry it out, including recommendations (a) IN GENERAL.—Chapter 463 is amended be responsible for providing to a State or for improving accountability, enforcement, by adding at the end the following: local law enforcement officer the training re- and consumer protections afforded to com- quired to meet the training requirements mercial air passengers. ‘‘§ 46317. Interference with cabin or flight under subparagraph (A)(i). Nothing in this (B) SPECIFIC CONTENT.—In the final report crew subsection may be construed to grant any under subparagraph (A), the Inspector Gen- ‘‘(a) GENERAL RULE.— such law enforcement officer the right to at- eral shall— ‘‘(1) IN GENERAL.—An individual who phys- (i) evaluate each carrier’s plan for whether ically assaults or threatens to physically as- tend any institution of the Federal Govern- it is consistent with the voluntary commit- sault a member of the flight crew or cabin ment established to provide training to law ments established by the Air Transport As- crew of a civil aircraft or any other indi- enforcement officers of the Federal Govern- sociation in the Airline Customer Service vidual on the aircraft, or takes any action ment. Commitment. that poses an imminent threat to the safety (c) POWERS AND STATUS OF DEPUTIZED LAW (ii) evaluate each carrier as to the extent of the aircraft or other individuals on the ENFORCEMENT OFFICERS.— to which, and the manner in which, it has aircraft is liable to the United States Gov- (1) IN GENERAL.—Subject to paragraph (2), a performed in carrying out its plan; ernment for a civil penalty of not more than State or local law enforcement officer that is (iii) identify, by air carrier, how it has im- $25,000. deputized as a Deputy United States Marshal plemented each commitment covered by its ‘‘(b) COMPROMISE AND SETOFF.— under the program established under sub- plan; and ‘‘(1) COMPROMISE.—The Secretary may section (b) may arrest and apprehend an in- (iv) provide an analysis, by air carrier, of compromise the amount of a civil penalty dividual suspected of violating any Federal the methods of meeting each commitment, imposed under this section. law described in subsection (b)(1)(A), includ- and in such analysis provide information ‘‘(2) SETOFF.—The United States Govern- ing any individual who violates a provision that allows consumers to make decisions on ment may deduct the amount of a civil pen- subject to a civil penalty under section 46301 the quality of air transportation provided by alty imposed or compromised under this sec- of title 49, United States Code, or section such carriers. tion from amounts the Government owes the 46302, 46303, 46504, 46505, or 46507 of that title, SEC. 02. INCREASED FINANCIAL RESPONSI- person liable for the penalty.’’. or who commits an act described in section BILITY FOR LOST BAGGAGE. (b) CONFORMING AMENDMENT.—The table of 46506 of that title. The Secretary of Transportation shall ini- sections for chapter 463 is amended by adding (2) LIMITATION.—The powers granted to a tiate a rule making within 30 days after the at the end the following: State or local law enforcement officer depu- date of enactment of this Act to increase the tized under the program established under domestic baggage liability limit in part 254 ‘‘46317. Interference with cabin or flight crew.’’. subsection (b) shall be limited to enforcing of title 14, Code of Federal Regulations. Federal laws relating to security on board SEC. ll02. DEPUTIZING OF STATE AND LOCAL SEC. 03. INCREASED PENALTY FOR VIOLATION aircraft in flight. OF AVIATION CONSUMER PROTEC- LAW ENFORCEMENT OFFICERS. (3) STATUS.—A State or local law enforce- TION LAWS. (a) DEFINITIONS.—In this section: ment officer that is deputized as a Deputy Section 46301(a), as amended by section 407 (1) AIRCRAFT.—The term ‘‘aircraft’’ has the United States Marshal under the program es- of this Act, is amended by adding at the end meaning given that term in section 40102. tablished under subsection (b) shall not— thereof the following: (2) AIR TRANSPORTATION.—The term ‘‘air (A) be considered to be an employee of the ‘‘(8) CONSUMER PROTECTION.—For a viola- transportation’’ has the meaning given that tion of section 41310, 41712, any rule or regu- term in section 40102. Federal Government; or lation promulgated thereunder, or any other (3) ATTORNEY GENERAL.—The term ‘‘Attor- (B) receive compensation from the Federal rule or regulation promulgated by the Sec- ney General’’ means the Attorney General of Government by reason of service as a Deputy retary of Transportation that is intended to the United States. United States Marshal in the program. afford protection to commercial air trans- (b) ESTABLISHMENT OF A PROGRAM TO DEPU- (d) STATUTORY CONSTRUCTION.—Nothing in portation consumers, the maximum civil TIZED LOCAL LAW ENFORCEMENT OFFICERS.— this section may be construed to— penalty prescribed by subsection (a) may not (1) IN GENERAL.—The Attorney General (1) grant a State or local law enforcement exceed $2,500 for each violation.’’. may— officer that is deputized under the program under subsection (b) the power to enforce SEC. 04. COMPTROLLER GENERAL INVESTIGA- (A) establish a program under which the TION. Attorney General may deputize State and any Federal law that is not described in sub- The Comptroller General of the United local law enforcement officers having juris- section (c); or States shall study the potential effects on diction over airports and airport authorities (2) limit the authority that a State or local aviation consumers, including the impact on as Deputy United States Marshals for the law enforcement officer may otherwise exer- fares and service to small communities, of a limited purpose of enforcing Federal laws cise in the capacity under any other applica- requirement that air carriers permit a that regulate security on board aircraft, in- ble State or Federal law. ticketed passenger to use any portion of a cluding laws relating to violent, abusive, or (e) REGULATIONS.—The Attorney General multiple-stop or round-trip air fare for trans- disruptive behavior by passengers of air may promulgate such regulations as may be portation independent of any other portion transportation; and necessary to carry out this section. without penalty. The Comptroller General (B) encourage the participation of law en- SEC. ll. STUDY AND REPORT ON AIRCRAFT shall submit a report, based on the study, to forcement officers of State and local govern- NOISE. the Senate Committee on Commerce, ments in the program established under sub- Not later than December 31, 2002, the Sec- Science, and Transportation and the House paragraph (A). retary of Transportation shall conduct a of Representatives Committee on Transpor- (2) CONSULTATION.—In establishing the pro- study and report to Congress on— tation and Infrastructure by June 15, 2000. gram under paragraph (1), the Attorney Gen- (1) airport noise problems in the United SEC. 05. FUNDING OF ENFORCEMENT OF AIR- eral shall consult with appropriate officials States; LINE CONSUMER PROTECTIONS. of— (2) the status of cooperative consultations (a) IN GENERAL.—Chapter 481 is amended by (A) the Federal Government (including the and agreements between the Federal Avia- adding at the end thereof the following: Administrator of the Federal Aviation Ad- tion Administration and the International October 5, 1999 CONGRESSIONAL RECORD — SENATE S12045 Civil Aviation Organization on stage 4 air- (A) The rules, regulations, policies, and nonconfidential information to the Commis- craft noise levels; and practices of the industry governing such sys- sion. (3) the feasibility of proceeding with the tems. (j) REPORT.—Not later than 6 months after development and implementation of a time- (B) How trends in such systems will affect the date on which initial appointments of table for air carrier compliance with stage 4 consumers, including— members to the Commission are completed, aircraft noise requirements. (i) the effect on consumer access to flight the Commission shall transmit to the Presi- TITLE ll—AIRLINE COMMISSION reservation information; and dent and Congress a report on the activities (ii) the effect on consumers of the use by of the Commission, including recommenda- SEC. ll01. SHORT TITLE. the airline industry of penalties and pro- tions made by the Commission under sub- This title may be cited as the ‘‘Improved motions to convince distributors to use such section (b)(2). Consumer Access to Travel Information systems, and the degree of consumer aware- (k) TERMINATION.—The Commission shall Act’’. ness of such penalties and promotions. terminate on the 30th day following the date ll SEC. 02. NATIONAL COMMISSION TO ENSURE (d) MEMBERSHIP.— of transmittal of the report under subsection CONSUMER INFORMATION AND (1) APPOINTMENT.—The Commission shall CHOICE IN THE AIRLINE INDUSTRY. (j). All records and papers of the Commission be composed of 15 voting members and 11 shall thereupon be delivered by the Adminis- (a) ESTABLISHMENT.—There is established a nonvoting members as follows: commission to be known as the ‘‘National trator of General Services for deposit in the (A) 5 voting members and 1 nonvoting Commission to Ensure Consumer Informa- National Archives. member appointed by the President. tion and Choice in the Airline Industry’’ (in (l) APPLICABILITY OF THE FEDERAL ADVI- (B) 3 voting members and 3 nonvoting SORY OMMITTEE CT this section referred to as the ‘‘Commis- C A .—The Federal Advisory members appointed by the Speaker of the sion’’). Committee Act (5 U.S.C. App.) shall not House of Representatives. apply to the Commission. (b) DUTIES.— (C) 2 voting members and 2 nonvoting On page 162, before line 15, insert the fol- (1) STUDY.—The Commission shall under- take a study of— members appointed by the minority leader of lowing: (A) consumer access to information about the House of Representatives. (3) CONFORMING AMENDMENT.—Section the products and services of the airline in- (D) 3 voting members and 3 nonvoting 41714(a)(3) is amended by adding at the end dustry; members appointed by the majority leader of thereof the following: The 132 slot cap under (B) the effect on the marketplace of the the Senate. this paragraph does not apply to exemptions emergence of new means of distributing such (E) 2 voting members and 2 nonvoting or slots made available under section 41718.’’. products and services; members appointed by the minority leader of f the Senate (C) the effect on consumers of the declin- NOTICES OF HEARINGS ing financial condition of travel agents in (2) QUALIFICATIONS.—Voting members ap- the United States; and pointed under paragraph (1) shall be ap- SUBCOMMITTEE ON NATIONAL PARKS, HISTORIC (D) the impediments imposed by the air- pointed from among individuals who are ex- PRESERVATION, AND RECREATION line industry on distributors of the indus- perts in economics, service product distribu- Mr. THOMAS. Mr. President, I would tion, or transportation, or any related dis- try’s products and services, including travel like to announce for the information of agents and Internet-based distributors. cipline, and who can represent consumers, passengers, shippers, travel agents, airlines, the Senate and the public that the (2) POLICY RECOMMENDATIONS.—Based on hearing originally scheduled for Tues- the results of the study described in para- or general aviation. graph (1), the Commission shall recommend (3) TERMS.—Members shall be appointed for day, October 12, 1999, at 2:30 p.m., be- to the President and Congress policies nec- the life of the Commission. fore the Subcommittee on National essary to— (4) VACANCIES.—A vacancy in the Commis- Parks, Historic Preservation, and (A) ensure full consumer access to com- sion shall be filled in the manner in which Recreation of the Committee on En- plete information concerning airline fares, the original appointment was made. ergy and Natural Resources has been (5) TRAVEL EXPENSES.—Members shall routes, and other services; rescheduled for Wednesday, October 13, (B) ensure that the means of distributing serve without pay but shall receive travel ex- penses, including per diem in lieu of subsist- 1999, at 2:30 p.m., in room SD–366 of the the products and services of the airline in- Dirksen Senate Office Building in dustry, and of disseminating information ence, in accordance with subchapter I of about such products and services, is ade- chapter 57 of title 5, United States Code. Washington, DC. quate to ensure that competitive informa- (6) CHAIRPERSON.—The President, in con- For further information please con- tion is available in the marketplace; sultation with the Speaker of the House of tact Jim O’Toole or Cassie Sheldon of (C) ensure that distributors of the products Representatives and the majority leader of the committee staff at (202) 224–6969. the Senate, shall designate the Chairperson and services of the airline industry have ade- COMMITTEE ON ENERGY AND NATURAL quate relief from illegal, anticompetitive of the Commission (referred to in this title as the ‘‘Chairperson’’) from among its voting RESOURCES practices that occur in the marketplace; and Mr. MURKOWSKI. Mr. President, I (D) foster healthy competition in the air- members. (e) COMMISSION PANELS.—The Chairperson line industry and the entry of new entrants. would like to announce for the infor- shall establish such panels consisting of vot- (c) SPECIFIC MATTERS TO BE ADDRESSED.— mation of the Senate and the public ing members of the Commission as the In carrying out the study authorized under that the legislative hearing scheduled Chairperson determines appropriate to carry subsection (b)(1), the Commission shall spe- for 9:30 a.m., on October 26, 1999, before out the functions of the Commission. cifically address the following: (f) STAFF.—The Commission may appoint the Energy and Natural Resources (1) CONSUMER ACCESS TO INFORMATION.— and fix the pay of such personnel as it con- Committee to receive testimony on S. With respect to consumer access to informa- siders appropriate. 882, a bill to strengthen provisions in tion regarding the services and products of- (g) STAFF OF FEDERAL AGENCIES.—Upon re- the Energy Policy Act of 1992 and the fered by the airline industry, the following: quest of the Commission, the head of any de- (A) The state of such access. Federal Nonnuclear Energy Research partment or agency of the United States and Development Act of 1974 with re- (B) The effect in the 5-year period fol- may detail, on a reimbursable basis, any of lowing the date of the study of the making of the personnel of that department or agency spect to potential climate change has alliances in the airline industry. to the Commission to assist it in carrying been cancelled. (C) Whether and to what degree the trends out its duties under this section. For further information, please call regarding such access will produce benefits (h) OTHER STAFF AND SUPPORT.—Upon the Kristin Phillips, Staff Assistant or Col- to consumers. request of the Commission, or a panel of the leen Deegan, Counsel, at (202) 224–8115. (2) MEANS OF DISTRIBUTION.—With respect Commission, the Secretary of Transpor- f to the means of distributing the products tation shall provide the Commission or panel and services of the airline industry, the fol- with professional and administrative staff AUTHORITY FOR COMMITTEES TO lowing: and other support, on a reimbursable basis, MEET (A) The state of such means of distribu- to assist the Commission or panel in car- tion. rying out its responsibilities. COMMITTEE ON ARMED SERVICES (B) The roles played by travel agencies and (i) OBTAINING OFFICIAL DATA.—The Com- Mr. MCCAIN. Mr. President, I ask Internet-based providers of travel informa- mission may secure directly from any de- unanimous consent that the Com- tion and services in distributing such prod- partment or agency of the United States in- mittee on Armed Services be author- ucts and services. formation (other than information required ized to meet at 9:30 a.m., on Tuesday, (C) Whether the policies of the United by any statute of the United States to be October 5, 1999, in closed session, to re- States promote the access of consumers to kept confidential by such department or multiple means of distribution. agency) necessary for the Commission to ceive testimony from Department of (3) AIRLINE RESERVATION SYSTEMS.—With carry out its duties under this section. Upon Energy and Intelligence Community respect to airline reservation systems, the request of the Commission, the head of that witnesses on the Comprehensive Test following: department or agency shall furnish such Ban Treaty. S12046 CONGRESSIONAL RECORD — SENATE October 5, 1999 The PRESIDING OFFICER. Without which the lands are situated for the The arrival of the Baltimore and objection, it is so ordered. benefit of the public schools, roads, Ohio Railroad in 1851 triggered a COMMITTEE ON FOREIGN RELATIONS emergency and other public purposes; growth spurt in Oakland. Business and Mr. MCCAIN. Mr. President, I ask to encourage and provide a new mecha- tradesmen frequented the newly built unanimous consent that the Com- nism for cooperation between counties Glades Hotel and more people moved to mittee on Foreign Relations be author- and the Forest Service and the Bureau the town. In 1862, Oakland incorporated ized to meet during the session of the of Land Management to make nec- a regular town government and in 1872 Senate on Tuesday, October 5, 1999, at essary investments in federal lands, Oakland was selected as the County 10:30 a.m., to hold a hearing. and reaffirm the positive connection Seat of the newly formed Garrett The PRESIDING OFFICER. Without between Federal Lands counties and County. The B&O Railroad continued objection, it is so ordered. Federal Lands; and for other purposes. its influence on the growth of the town The PRESIDING OFFICER. Without SELECT COMMITTEE ON INTELLIGENCE with its construction of the Oakland objection, it is so ordered. Mr. MCCAIN. Mr. President, I ask Hotel in 1875. The hotel attracted many unanimous consent that the Select SUBCOMMITTEE ON HOUSING AND summer visitors, several of whom later TRANSPORTATION Committee on Intelligence be author- built summer homes in Oakland. Mr. MCCAIN. Mr. President, I ask Tragedy has struck Oakland more ized to meet during the session of the unanimous consent that the Sub- Senate on Tuesday, October 5, 1999, at than once, and each time the town committee on Housing and Transpor- bounced back. The Wilson Creek flood- 2:30 p.m., to hold a closed hearing on tation of the Committee on Banking, intelligence matters. ed in 1896 and periodically over the Housing, and Urban Affairs be author- next 70 years before a series of dams The PRESIDING OFFICER. Without ized to meet during the session of the objection, it is so ordered. built in the late 1960s controlled the Senate on Tuesday, October 5, 1999, to flooding. A devastating fire destroyed SUBCOMMITTEE ON ADMINISTRATIVE OVERSIGHT conduct a hearing on S. 1452, the Manu- AND THE COURTS the business section of Oakland in 1898. factured Housing Improvement Act. The town used brick fire walls when re- Mr. MCCAIN. Mr. President, the Com- The PRESIDING OFFICER. Without mittee on the Judiciary, Sub- building the downtown area, a far- objection, it is so ordered. sighted decision which paid off in 1994 committee on Administrative Over- f sight and the Courts, requests unani- when fire struck again. This time only mous consent to conduct a hearing on ADDITIONAL STATEMENTS two buildings were destroyed. Tuesday, October 5, 1999, beginning at Natural resources and beauty have 10 a.m., in Dirksen Room 226. long contributed to Oakland’s economy COMMEMORATION FOR THE TOWN and continue to do so today. The lum- The PRESIDING OFFICER. Without OF OAKLAND, MARYLAND objection, it is so ordered. ber industry, which began in the late Ms. MIKULSKI. Mr. President, I rise 1800s, still provides jobs in Oakland. SUBCOMMITTEE ON AFRICAN AFFAIRS ∑ to extend my sincerest congratulations Coal, another natural resource, is Mr. MCCAIN. Mr. President, I ask to the town of Oakland, Maryland, as it found in the mountains near Oakland unanimous consent that the Sub- enters its Sesquicentennial Year on Oc- and adds to the economy of the town. committee on African Affairs of the tober 10, 1999. Oakland, the county seat And Oakland’s natural beauty, which Committee on Foreign Relations be au- of Garrett County, enjoys a long and drew visitors to the Oakland Hotel in thorized to meet during the session of proud history in the State of Maryland. 1875, continues to attract people from the Senate on Tuesday, October 5, 1999, Nestled in the Appalachian Moun- all over the country seeking not only at 2:45 p.m., to hold a hearing. tains, Oakland is blessed with a nat- its beautiful vistas, but also its myriad The PRESIDING OFFICER. Without ural beauty all four seasons, from of recreational opportunities all year objection, it is so ordered. snowy hills in winter to pastel flowers round. Today, visitors to Oakland can SUBCOMMITTEE ON CLEAN AIR, WETLANDS, in spring to lush foliage in summer to choose from a variety of activities in- PRIVATE PROPERTY, AND NUCLEAR SAFETY gorgeous red, orange and gold trees in cluding hiking, biking, fishing, boating Mr. MCCAIN. Mr. President, I ask autumn. Even Oakland’s early name, and skiing. unanimous consent that the Sub- ‘‘Yough Glades,’’ conjures up images of The town of Oakland reminds us of committee on Clean Air, Wetlands, Pri- river and forest, natural beauty and all that is good in our country. Oak- vate Property, and Nuclear Safety be abundant resources. land is a place where fire and rescue granted permission to conduct a hear- Oakland’s rich history tells a story of services are still staffed by volunteers, ing Tuesday, October 5, 9:30 a.m., hear- a small farming community which where folks greet each other with a ing room (SD–406), on the Environ- grew with the opening of the first saw- friendly wave and hello, where people mental Protection Agency’s Blue Rib- mill, expanded with the arrival of the work together to support their schools bon Panel findings on MTBE. railroad and continues to grow with old and community, and where patriotism The PRESIDING OFFICER. Without and new livelihoods alike, all the while runs deep. In so many ways, Oakland is objection, it is so ordered. treasuring those qualities which make truly a ‘‘Main Street Community,’’ as SUBCOMMITTEE ON FOREST AND PUBLIC LAND it special—beauty, peacefulness and the State of Maryland has so fittingly MANAGEMENT small town charm. designated it. Mr. MCCAIN. I ask unanimous con- ‘‘A Brief History of Oakland, Mary- Once again, I extend my congratula- sent that the Subcommittee on Forests land’’ by John Grant describes the peo- tions to Oakland on their 150th anni- and Public Land Management of the ple, forces and events which shaped the versary and I invite all my colleagues Committee on Energy and Natural Re- town of Oakland. Three Indian trails to visit this Maryland treasure.∑ sources be granted permission to meet met in a meadow on the western edge f during the session of the Senate on of Oakland and formed an entrance Tuesday, October 5, for purposes of into the Yough Glades where Native TRIBUTE TO ALBERT ENGELKEN conducting a Subcommittee on Forest Americans hunted in the forest and ∑ Mr. STEVENS. Mr. President, for 28 and Public Lands Management hearing fished in the Youghiogheny River for years Albert Engelken was the man be- which is scheduled to begin at 2:30 p.m. hundreds and hundreds of years. White hind the scenes at the American Public The purpose of this hearing is to re- settlers followed in the 1790s as the fer- Transit Association (APTA), a Wash- ceive testimony on S. 1608, a bill to tile soil in ‘‘Glades″ country attracted ington-based member organization ad- provide annual payments to the States more and more farmers. vancing and representing the interests and counties from National Forest Sys- Around 1830, the first combination of public transit systems and industry tem lands managed by the Forest Serv- gristmill and sawmill provided lumber suppliers across North America. ice, and the revested Oregon and Cali- for the homes and shops in the growing He was the creative force for the vast fornia Railroad and reconveyed Boos community. On October 10, 1849, the majority of APTA’s ‘‘People Pro- Bay Wagon Road grant lands managed town which had been known by several grams,’’ including the innovative Inter- predominately by the Bureau of Land different names including Yough national Bus Roadeo, where drivers and Management, for use by the counties in Glades became ‘‘Oakland.’’ mechanics compete in events that test October 5, 1999 CONGRESSIONAL RECORD — SENATE S12047 their skills at operating and maintain- IN RECOGNITION OF JOAN She attended the Utah Agricultural ing public transit vehicles. His efforts FLATLEY College (now Utah State University) at this endeavor also spawned the ∑ Mr. TORRICELLI. Mr. President, I where she met her husband Victor Eu- equally competitive International Rail rise today to recognize an outstanding gene Israelsen. They were married in Roadeo. woman in the State of New Jersey. the Salt Lake LDS Temple in 1917. Albert Engelken was the originator Joan Flatley is being honored with the After college, she and her husband of ‘‘Transit Appreciation Day,’’ which prestigious Spirit of Asbury Award for farmed, eventually establishing the later became ‘‘Try Transit Week,’’ an her activism and commitment to the North Logan Buttercup Dairy where annual fixture that encourages people Asbury Park community. Joan is re- she lived for 63 years. That dairy be- to ride public transit, and salutes those cently retired as the Executive Direc- came a landmark in Cache Valley. Eva was known throughout Cache who make the systems work. His cre- tor of the Asbury Park Chamber of Valley simply as ‘‘Grandma Israelsen.’’ ativity also extended to judging and se- Commerce, and her legacy in the com- She kept numerous journals and grant- lecting those systems that dem- munity will be felt for years to come. For over twelve years, John used her ed countless interviews to young peo- onstrated excellence in transit adver- ple in the community who sought her tising, a program now known as depth of knowledge and breadth of ex- perience to contribute to the successful out for her perspective and historical ‘‘AdWheel,’’ an important event held at knowledge. She remained active in her the Association’s annual meeting. functioning of the Chamber. It is through her effort that the Chamber community and her church throughout Albert Engelken’s education pro- became a dynamic force in the Asbury her life. With support from her chil- grams developed transit information Park business community, and the dren, she attended nearly every fu- modules for thousands of grade school State of New Jersey as a whole. Joan neral, wedding and baby blessing in the teachers throughout the United States. has been the main force behind the community. She was active in the And, until his retirement in 1997, Al- Chamber’s development and growth. Daughters of the Utah Pioneers and bert Engelken produced the American She has consistently been receptive to blessed the lives of her neighbors Public Transit Association’s Grant the community’s need, and has re- through her charitable example and Awards Ceremony, an event that hon- sponded to them under the auspices of her Christian life. Grandma Israelsen had a remarkable ors transit systems, individuals, and the Chamber. The Chamber is now a re- memory, often recalling details about achievements in the public transit in- spected source of information, both in not only her own family members and dustry. Asbury Park and across the country, grandchildren but of the families of her That ceremony continues today, and for business and community events. neighbors and acquaintances. It was while lacking the unique skills Albert Without Joan’s unyielding commit- common for her to ask her neighbors brought to directing the national and ment, the Chamber’s development about their children by name, even local arrangements that publicized the would not have been as pronounced. though she may not have seen them for winners, the ceremony this year will Joan’s continued and unwavering years. The residents of North Logan honor him by electing him to the pres- service to the people of Asbury Park is will miss that, just as they miss tigious APTA Hall of Fame. indicative of her love of the commu- waiving to her on her morning walks nity in which she lives. Whether she He was also the long-time editor of which she used to take back when she was giving out travel information, the Association’s ‘‘Passenger Trans- was a young woman of just 101. port’’ weekly newspaper, and directed sending out newsletters or organizing a She and her husband had eleven chil- the industry’s successful communica- business meeting, Joan met every task dren, eight of which are living. Her tions strategy in the important forma- with an unbridled enthusiasm and husband Victor passed away in 1967. tive years of the federal transit pro- pleasantness that made the community Her progeny includes 67 grandchildren, gram. Over his entire career with around her a better place to live. In- 271 great-grandchildren and 40 great- APTA, Albert’s behind-the-scenes deed it is a testament to her service great grandchildren. Including the 97 work—from speechwriting to the or- that New Jerseyans from every walk of spouses, she is survived by 483 family chestration of presentations and the life from across the state have come to members. stage management of events—were celebrate the end of her distinguished Grandma Israelsen would have been critical to the success of APTA’s mem- career. 105 years old today. So on her birthday, ber programs and the smooth func- Joan’s dedication to community I want to pay tribute to her life and ex- tioning of APTA’s many conferences. service has always been clear, and the press my condolences to her family on people of Asbury Park have benefitted her passing. She was a remarkable Albert is known by his family, col- from her involvement. I can think of woman who led a remarkable life. leagues, and peers as a person who few individuals more worthy of this Sophocles once said ‘‘One must wait would always go the extra mile to help distinguished award than Joan Flatley, until the evening to see how splendid them out. No task was too small or too and I am pleased to extend my con- the day has been.’’ In her passing, I am complicated to be turned away. He is a gratulations to her.∑ sure that the community agrees that it gentleman, trusted friend, and caring f was indeed splendid to spend the day confidant. Yet he has never sought the with Eva Israelsen.∑ spotlight not taken a bow over his IN HONOR OF EVA B. ISRAELSEN f work in public transit and APTA. ∑ Mr. BENNETT. Mr. President, I was Those are just some of the reasons to sad to learn of the death of Mrs. Eva TRIBUTE TO JAMES ARTHUR GAY honor Albert Engelken, Mr. President. Israelsen of North Logan, Utah this III At work and in the community he has past week. As one of Cache Valley’s ∑ Mr. REID. Mr. President, I rise today touched thousands of lives, and made oldest living residents, she was a re- to pay tribute to James Arthur Gay III, life safer and easier for hundreds of markable woman. a pioneer black civic leader from Las thousands of transit users and pro- Eva May Butler Israelsen was born Vegas. Through his tireless efforts, he viders across our nation. October 5, 1894, in Butlerville, Utah. was instrumental in the fight to deseg- She attended Butlerville School as a regate Las Vegas. Jimmy Gay was one He is a also great family man. His young girl. A diligent student through- of the first black hotel executives in wife Betsy, children Jane, Elizabeth out her life, she was Valedictorian of Las Vegas in the 1950s at a time when and Richard and their spouses, and his the first graduating class of Jordan his longtime friends Sammy Davis Jr., five grandchildren can certainly attest High School in 1915. I find it remark- Nat ‘‘King’’ Cole and others were not to that. able that just nine years ago, she and allowed to stay overnight in strip ho- Mr. President, I join them and his the other surviving class member, tels. colleagues in congratulating Albert Thomas J. Parmley celebrated their Mr. Gay was one of the best known Engelken for a job well done, and in ap- 75th class reunion. In 1991 she was in- and respected local black leaders of his plauding his induction into the Amer- vited to be the featured speaker at Jor- generation. Among his accomplish- ican Public Transit Hall of Fame.∑ dan High School’s graduation. ments are many ‘‘firsts’’. He was the S12048 CONGRESSIONAL RECORD — SENATE October 5, 1999 first black to obtain a mortician’s li- It was once written that ‘‘Some peo- better health care system, increased cense in the state of Nevada, the first ple walk through our life and leave employment for the disabled and an ex- black to be appointed to the Nevada after a few seconds. Others come in and panded network of family support serv- Athletic Commission, and the first stay there for a very long time leaving ices. By demanding that government black in the United States to be cer- marks that will never be forgotten.’’ define, seek, and evaluate its efforts, tified as a water safety instructor by Jimmy Gay is one of those whose leg- Con has set a new example for public the Red Cross. He also was a national acy will remain for the countless Ne- service in Vermont and the country. record holder in the 100-yard dash and vadans whose journey will be easier be- More Vermont children have health an alternate on the 1936 U.S. Olympic cause of his pioneering efforts. Las care coverage, and have had it for track team. Vegas is a better place because Jimmy longer, than almost any state in the Born in Fordyce, Arkansas in 1916, Gay went above and beyond to advance country. The state is offering more Jim was the youngest of three chil- the cause of social justice. The best one home and community based care op- dren. When he was just 3 years old, Jim can hope for life is to make a difference tions for the elderly and disabled. Dis- was orphaned. Beginning his experience with their time on earth. There is no abled Vermonters are working and, with work at age 7 as a house boy, Jim doubt that Jimmy Gay made a tremen- thereby, supporting themselves and developed a strong commitment to dous difference. their families. Con Hogan’s ultimate work at an early age. He moved to Las On September 10, 1999 at the age of 83 legacy will be the thousands of lives Vegas in 1946 as a college-educated man Jimmy Gay died of complications of a that have been directly touched by the having earned his degree from the Uni- stroke. He will be missed but will re- work of the Agency of Humans Serv- versity of Arkansas. Although he was main one of the most admired and re- ices under his stewardship. educated and ambitious, getting a job spected local Las Vegas leaders to have He, of course, will describe his work in Las Vegas was virtually impossible graced the city. This U.S. Senator is a as collaborative and the consequence of at the time. He started out as a cook at others’ good will and efforts. He is Sills Drive-In, a popular restaurant in better person because of the friendship he enjoyed with Jimmy Gay and Ne- right, as he has led efforts to open gov- the area of Charleston and Las Vegas ernment to the ideas, hopes, and infor- Boulevard working hard to prove him- vada is a better state because of his lifelong effort to ensure equality for mation from citizens, industry and self. In the late 1940s, people became business. He has fostered a real public all.∑ aware of Jimmy’s many talents. Jim’s debate about the well-being of f first break in Las Vegas came when the Vermonters and the responsibilities of city opened the Jefferson Recreation TRIBUTE TO CORNELIUS HOGAN government and its citizens to partici- Center in West Las Vegas. He was hired pate, evaluate, and dream for better as the Director and among other things ∑ Mr. JEFFORDS. Mr. President, it gives me great pleasure to stand before things. also coached football, swimming and Secretary Hogan’s vision is alive and basketball. His break in business came my esteemed colleagues and speak of my good friend, Cornelius Hogan, who full of vibrant change. Con has changed when he was hired as the Sands hotel- our ways of thinking. He is the master- casino Director of Communications is retiring as Secretary of the Vermont Agency of Human Services. His work in mind of dozens of partnerships in which which was one of the highest posts held human services providers now collabo- by a black at that time. During this pe- leading state government to improve the well-being of Vermonters stands as rate with others in state and local gov- riod, the Sands was one of the Las ernments, and communities to deliver Vegas Strips finest. a example for us all. The Vermont Agency of Human Serv- locally-based services. Con recognizes In 1941, Jimmy married Hazel Gloster and encourages citizen participation as and together they raised a family of ices includes the departments of Social Welfare, Corrections, Social and Reha- essential to this process. He has con- five children, 10 grand-children and 17 vinced service providers that they great-grandchildren. Always finding bilitation Services, Mental Health, Al- cohol and Drug Abuse, Aging and Dis- should listen to real people - that the time for his community, he was an ac- child, the elder or the youth needs to tive member of the executive board of abilities. Secretary Hogan has not only administered these vital services be the center of their concerns. the NAACP. He also was active in local Over the last several weeks, many through extraordinary changes, but has politics serving as a member of the Vermonters have written to their local provided outstanding leadership, recog- Clark County Democratic Central papers, touting Con Hogan’s work as nized throughout the Nation. This Committee and on the executive board Secretary. Con has significantly agency, with the State’s largest budg- of Culinary Local 226. changed thousands of Vermonters Jimmy discovered the world of the et, must have a human face in its ef- lives, both through policy and through hotel industry and opened opportuni- forts to improve the lives of his own untiring advocacy. The results ties for many. Over the years, Jimmy Vermonters. Con Hogan is that face. have impressed his colleagues and served as an executive at the Sands, Secretary Hogan has served as friends alike. Union Plaza, Fremont, Aladdin and Vermont’s Secretary of Human Serv- I was moved when I read a com- Silverbird hotels. He earned the respect ices since 1991 when then-Governor mentary in the Burlington Free Press of many for his tireless efforts and his Richard Snelling enticed him back into by my good friend, David S. Wolk, Su- love for the city of Las Vegas. public service from his successes in the perintendent of Schools in Rutland Deservingly, the state of Nevada has private sector. Previously, Hogan City. David pointed out that it was Con honored Jimmy Gay by naming him a served as Commissioner of Corrections. Hogan’s success in the private and pub- Distinguished Nevadan in 1988 and a Throughout his eight year tenure, few years before, the city of Las Vegas lic sectors, as well as his impeccable Con has been remarkably effective and reputation as both a manager and a named a park after him. In 1985, the always gracious in his approach to city of Las Vegas and the state of Ne- leader, that led then-Governor Snelling each challenge. When Vermonters in to appoint him as the state’s premier vada honored him with ‘‘Jimmy Gay need have a problem, Con has been the Day.’’ For his civic efforts, Jimmy was advocate for Vermonters in need. person that folks turned to when all David aptly notes that Con’s relent- named Las Vegas Jaycees Man of the else had failed. As Chris Graff, a less advocacy has been coupled with his Year in 1952 and received a City of Vermont journalist, noted: unique capacity to reach out to the Hope commendation in 1959. On numer- Hogan is a legend. And for the past eight wider community. His strong and effec- ous occasions he was named NAACP years, when people knew that Con Hogan was Man of the year. His contributions tive leadership has presented impor- coming, they had hope. And confidence. Con- tant dualities: have not only left a lasting impression fidence that whatever the trouble, whatever on many, but also served as an inspira- the problem, whatever the need, someone Con Hogan could have remained in the pri- vate sector to seek his fortune and fame. In- tion to generations of young people who cared deeply would do what ever it took to help. stead, he offered a selfless contribution to growing up in Nevada. Over the years, public service, an emphasis on account- Jimmy helped many deserving black As a result of Con’s work, Vermont ability with measurable outcomes and an im- students receive scholarships to his families and communities have im- pressive brand of leadership, combining pres- alma mater. proved educational opportunities, a sure and support, characterized by candor October 5, 1999 CONGRESSIONAL RECORD — SENATE S12049 and courage. . .. If the ultimate goal of the tience on that. Also, I think he and I I further ask unanimous consent consummate public citizen is to improve our both agree that we want to advise that, on Wednesday, immediately fol- collective lot, and to enjoy the privilege of Members on both sides of the aisle and lowing the prayer, the journal of the making one’s personal mark on Vermont’s all concerned that we are discussing proceedings be approved to date, the well-being, then no other public citizen called to service in our wonderful state has how to proceed with the vote that is morning hour be deemed expired, the achieved that pinnacle more than Cornelius now in place on the Comprehensive time for the two leaders be reserved for D. Hogan of Plainfield. Test Ban Treaty. their use later in the day, and the Sen- After we discussed our concerns On a personal note, I have enjoyed ate then resume debate on S. 1650, the about how and when to proceed on witnessing Con’s talents, not only in Labor-HHS Appropriations bill. that, then there started to be a lot of public service but on the stage, as an The PRESIDING OFFICER. Without speculation on both sides of the aisle accomplished bluegrass musician. objection, it is so ordered. and all around town. I think it is im- Con’s passion and zeal for life is evi- f portant for Members to just calm down dent in all that he does. and relax. We need to have the ability PROGRAM Mr. President, I’m sure I could stand to communicate with each other and Mr. LOTT. Mr. President, for the in- here all day, and regale my colleagues think about what is in the best interest formation of all Senators, we will begin with stories and tributes to this re- of the Senate and our country and at 9:30 on this important legislation. markable man and still, Con’s con- weigh all of the evidence that is now The pending amendment is the Nickles tribution would not be described ade- available to us. quately. For us to thoroughly under- We do have a unanimous consent amendment regarding the Social Secu- stand the impacts of his sage and ex- agreement that we will proceed to this rity trust fund. It is hoped that this emplary leadership, the outcomes of issue, and we will have a vote after the and remaining amendments can be de- Con Hogan’s service to Vermonters will requisite number of hours, probably on bated and disposed of in a timely fash- need to be measured far into the new the 12th, or perhaps the morning of the ion so that action on the bill can be millennium. 13th before we get to final passage. completed no later than Thursday I join my fellow Vermonters in offer- Nothing more than that has been done. evening. ing my most heartfelt congratulations We will have to work through this, Therefore, I ask Senators to work and gratitude to Con Hogan for his and we will certainly have to work with the bill managers to Schedule a years of public service, and I wish him with our respective caucuses and the time to offer their amendments. Sen- all the best in his new endeavors.∑ White House, because this is a very im- ators should be aware that rollcall f portant national security and foreign votes will occur throughout the day on policy issue, and we will also have to Wednesday and on Thursday. This MEASURE READ THE FIRST be involved in the consideration in how week, we also expect to handle the Ag- TIME—S. 1692 we proceed on this issue. riculture Appropriations conference re- Mr. CRAPO. Mr. President, I under- I think that is what we need to say at port. I understand that some time for stand that S. 1692, which was intro- this point. Nothing beyond that has debate or discussion on that conference duced earlier today by Senator been agreed to, suggested, or called for report will be required. We will work to SANTORUM, is at the desk. I therefore by the President, or by any Senator, find a window to do that. If the House ask for its first reading. and all we are trying to do is commu- should approve the Foreign Operations The PRESIDING OFFICER. The nicate and see if we are proceeding in conference report later today or tomor- clerk will report the bill by title. the best interests of all concerned. row, then we will look for an oppor- The legislative clerk read as follows: Would the Senator like to add to tunity to also take that up. A bill (S. 1692) to amend Title 18, United that? f States Code, to ban partial-birth abortions. Mr. DASCHLE. Mr. President, I agree with the characterization made just Mr. CRAPO. Mr. President, I now ask ADJOURNMENT UNTIL 9:30 A.M. now by the majority leader. I think all for the bill’s second reading, and on be- TOMORROW we can do is continue to discuss the half of Members of the other side of the Mr. LOTT. Mr. President, if there is matter to see if we might proceed in a aisle, I object to my own request. no further business to come before the way that would accommodate the con- The PRESIDING OFFICER. Objec- Senate, I ask unanimous consent that cerns and needs of both caucuses. I the Senate stand in adjournment under tion is heard. think what the majority leader said, the previous order. Mr. CRAPO. Mr. President, I suggest especially about rumors, and how all There being no objection, the Senate, the absence of a quorum. this began is irrelevant. In fact, the at 6:32 p.m., adjourned until Wednes- The PRESIDING OFFICER. The more rumors, the more this matter is day, October 6, 1999, at 9:30 a.m. clerk will call the roll. exacerbated. If we really want to try to The legislative clerk proceeded to proceed successfully, we need to quell f call the roll. the rumors and get on with trying to CONFIRMATIONS Mr. LOTT. Mr. President, I ask unan- talk with dispassionate voices and imous consent that the order for the make sure we make the right decisions. Executive nominations confirmed by quorum call be rescinded. We are prepared to do that, and I know the Senate October 5, 1999: The PRESIDING OFFICER. Without the majority leader is prepared to do THE JUDICIARY objection, it is so ordered. that. That is all that needs to be said RAYMOND C. FISHER, OF CALIFORNIA, TO BE UNITED f at this time. STATES CIRCUIT JUDGE FOR THE NINTH CIRCUIT. BRIAN THEADORE STEWART, OF UTAH, TO BE UNITED COMPREHENSIVE TEST BAN f STATES DISTRICT JUDGE FOR THE DISTRICT OF UTAH. TREATY ORDERS FOR WEDNESDAY, f Mr. LOTT. Mr. President, I appre- OCTOBER 6, 1999 REJECTION ciate the fact that the Democratic Mr. LOTT. Mr. President, I ask unan- Executive nomination rejected by leader is still here. I know he had ur- imous consent that when the Senate the Senate on October 5, 1999: gent meetings he had to go to. We completes its business today, it ad- needed to get that final recorded vote RONNIE L. WHITE, OF MISSOURI, TO BE UNITED STATES journ until 9:30 a.m., Wednesday, Octo- DISTRICT JUDGE FOR THE EASTERN DISTRICT OF MIS- and pass that bill. I appreciate his pa- ber 6. SOURI. October 5, 1999 CONGRESSIONAL RECORD — Extensions of Remarks E2027 EXTENSIONS OF REMARKS

TRIBUTE TO THE LATE CAROLYN The ``Gore Tax'' is only one example of people when the people are unaware of the BEEN what has become a widespread problem not extent of the cost. only at the Federal level but also with state Mr. Speaker, I urge my colleagues to join HON. SCOTT McINNIS and local governments as well. Here's how it me in supporting H.R. 3011, the Truth in Tele- OF COLORADO usually works. phone Billing Act of 1999. IN THE HOUSE OF REPRESENTATIVES Rather than make its case for more govern- f ment spending directly to the people, govern- Tuesday, October 5, 1999 ments instead levy the tax on telecommuni- AGRICULTURAL RISK PROTECTION Mr. McINNIS. Mr. Speaker, I would like to cations service providers. The providers, in ACT OF 1999 take a moment to recognize a woman who turn, pass the cost on to American consumers SPEECH OF was dedicated to the community, the church in the form of higher rates. What's worse, reg- and her family, Carolyn ``Cookie'' Been. In ulators then pressure the service provider to HON. PATSY T. MINK doing so, I would like to honor this individual bury the tax in its rates, rather than permit the OF HAWAII who, for so many years, exemplified the notion provider to clearly identify for the consumer IN THE HOUSE OF REPRESENTATIVES of public service and civic duty. how much of his or her monthly bill is attrib- Wednesday, September 29, 1999 Carolyn's many entrepreneurial achieve- utable to government programs. ments speak well of the hard working woman I know this because, last year, the Com- The House in Committee of the Whole that she was. Those achievements are high- mittee on Commerce conducted a thorough in- House on the State of the Union had under lighted by her contributions to the Naturita vestigation of the Federal Communications consideration the bill (H.R. 2559) to amend the Federal Crop Insurance Act, to strength- community. There, she served as a town Commission (FCC's) implementation of the board member from 1991±1992, when she en the safety net for agricultural producers Gore Tax. We found that the FCC imposed by providing greater access to more afford- was elected to the position of Mayor. For six extraordinary and unprecedented political able risk management tools and improve years she served diligently and accomplished pressure on the Nation's largest long distance protection from production and income loss, numerous feats. Among those feats, she se- carriers (on whom the Gore Tax is levied) to to improve the efficiency and integrity of cured $500,000 for the renovation of the town withhold information from their subscribers the Federal crop insurance program, and for park and community center, and rebuilt the about the true cost of the Gore Tax. other purposes. town's water and sewer treatment facilities. Whether one agrees or disagrees with the Mrs. MINK of Hawaii. Mr. Chairman, I rise in Numerous other achievements by Carolyn, too specifics of government spending, we should support of H.R. 2559, the Agriculture Risk many to mention, had a profound positive ef- all be able to agree that the American people Protection Act of 1999. fect on the community of Naturita. Carolyn re- should at least know when they're being For several years now, farmers in this coun- ceived several awards for her contributions. taxed, and for what purpose. try have been plagued by severe weather con- She was named Woman of the Year in 1993 Congress has enacted similar legislation ditions compounded by drastically low world by the San Miguel Business and Professional dealing with taxation of cable services. As part prices for agricultural products. I am pleased Women, and Citizen of the Year in 1998 by of the 1992 Cable Act, I included a provision that the Agriculture Risk Protection Act seeks the Nucla-Naturita Chamber of Commerce. in the law that permits cable operators to to address the plight of farmers and that we Carolyn Been considered her finest achieve- place a line item on consumers' monthly bills are now taking these steps to enhance the ment to be her children, who have proven that identifies the portion of the bill that is at- federal crop insurance program. themselves very successful in Colorado and tributed to ``franchise fees'' that cities and H.R. 2559 will enable more farmers to par- other states. Also, she is survived by seven counties typically exact from cable operators ticipate in the federal crop insurance program wonderful grandchildren who will undoubtedly as the ``price'' for offering service. Again, while and provide them with the tools they need to carry on her good will. we may differ on the merits of a spending pro- more adequately address their risk manage- It is with this, Mr. Speaker, that I recognize gram, consumers are entitled to know when ment needs. The Agriculture Risk Protection and say thank you to a fine citizen of Colorado they're being taxed, and for what purpose. Act of 1999 increases the government pre- and the United States. Her memory of love Accordingly, the legislation I am introducing mium support for the federal crop insurance and dedication will live on forever. today will ensure that consumers of tele- program which will enable more farmers to f communications services will have a complete participate in the program and afford higher H.R. 3011, THE TRUTH IN picture of how much their monthly bills can be levels of crop insurance protection. TELEPHONE BILLING ACT OF 1999 attributed to government spending. The legis- The bill would make the federal crop insur- lation would require each telecommunications ance program more user friendly by expediting HON. TOM BLILEY carrier to identify on each subscriber's monthly the policy approval process and helping farm- statement: (1) The government program for ers buy new policies. Furthermore, it would in- OF VIRGINIA which the carrier is being taxed, and the gov- crease the number of crops that are eligible IN THE HOUSE OF REPRESENTATIVES ernment entity imposing the tax; (2) the form for the crop insurance program and, for the Tuesday, October 5, 1999 in which the tax is assessed (e.g., per sub- first time, make risk management assistance Mr. BLILEY. Mr. Speaker, today I am intro- scriber, per line, percentage of revenues); and for livestock producers available to ranchers ducing H.R. 3011, the Truth in Telephone Bill- (3) a separate line-item that identifies the dol- through a pilot program. ing Act of 1999. lar amount of the subscriber's bill that is being Many producers in the past, did not partici- This legislation is premised on a simple idea used by the carrier to pay for the government pate in the federal crop insurance program be- that consumers should know when their gov- program. cause they felt it was too expensive and pro- ernment is taxing them. Mr. Speaker, consumers have a right to vided too little coverage. To remedy this prob- This may seem self-evident to my col- know whenever their government levies taxes. lem, the bill provides for performance based leagues. But in reality, politicians and regu- By mandating that telecommunications compa- discounts for ``low risk'' producers. This will lators all too often attempt to withhold from nies identify these taxes through line-items, make it more appealing and affordable for consumers information about the govern- Congress will promote transparency in tax- ``low risk'' producers. this will make it more ap- ment's spending habits. ation. pealing and affordable for ``low risk'' pro- This is a particularly acute problem in the Moreover, this bill will help to promote the ducers, who previously did not participate in area of telecommunications services. The tele- legitimacy of government spending when fi- the federal crop insurance program. communications services market has become nanced by consumers of telecommunications I would also like to point out that I have in- a ``cash cow'' for politicians and regulators to services. Government can never claim that its troduced legislation, H.R. 473, intended to ex- fund their spending habits. programs have the support of the American pand the scope of the federal crop insurance

∑ 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. E2028 CONGRESSIONAL RECORD — Extensions of Remarks October 5, 1999 program even further. Currently, farmers who Darwin Branch, Camden, Mrs. Frances Oliveri, IN HONOR OF WILLIAM D. MASON suffer from outbreaks of plant viruses and dis- Mount Laurel, Mr. Robert Bobo, Brooklawn, eases are not eligible for benefits from the Mrs. Alice Watson, Runnemede, Mr. Robert HON. DENNIS J. KUCINICH federal crop insurance program, noninsured Kelly, Laurel Springs, Mrs. Theresa Keehfuss, OF OHIO crop assistance programs, or emergency Maple Shade, Mr. David Pressler, Maple IN THE HOUSE OF REPRESENTATIVES loans. My bill would enable farmers who suffer Shade, Mrs. Anne Sprague, Bordentown, and Tuesday, October 5, 1999 crop losses due to plant viruses or plant dis- Mrs. Carol Robinson, Audabon. eases to be eligible for all of these programs. f Mr. KUCINICH. Mr. Speaker, I rise today to Crop destruction from viruses and diseases honor and congratulate Bill Mason for being HONORING COLUMBUS DAY AND should be covered under these programs just named Parma Democrat of the Year. ITALIAN HERITAGE MONTH as other natural disasters are. I invite all of my Bill Mason, Cuyahoga County Prosecutor, colleagues to cosponsor H.R. 473 and I urge has had a successful and fulfilling career. immediate consideration and passage of HON. BENJAMIN A. GILMAN Born on April 13, 1959 in Cleveland, Ohio, he H.R. 473. OF NEW YORK went on to attend and graduate from Cleve- Farmers deserve an affordable safety net IN THE HOUSE OF REPRESENTATIVES land-Marshall College of Law. Mr. Mason program that will provide a worthwhile benefit Tuesday, October 5, 1999 served as an Assistant Prosecuting Attorney in when they are most in need. Although the Cuyahoga County Prosecutor's Office from Mr. GILMAN. Mr. Speaker, I rise today to 1987 through 1992. Here, he was able to gain H.R. 2559, the Agriculture Risk Protection Act commemorate one of the most courageous valuable experience in criminal law. In 1992, of 1999 would not extend protections to pro- events in human history, Christopher Colum- Mr. Mason was elected by the voters to the ducers whose crops suffer from plant viruses bus' voyage to the New World. In this day and Parma City Council. Shortly afterwards he was or diseases, I believe it does improve and ex- age, when man has walked on the moon and appointed as Parma's Law Director and Chief pand the safety net available for farmers and when we can afford to lose a twenty five mil- Prosecutor. During his service, Mr. Mason was is a step in the right direction. I support lion dollar satellite in the atmosphere of Mars able to improve efficiencies in the office over H.R. 2559 and urge its immediate passage. because somebody ``mis-calculated,'' it is easy four consecutive years. By doing this, he was f to dismiss the courage of Christopher Colum- able to dramatically improve the enforcement bus as no big deal. In reality, it was a very big TRIBUTE TO CROSSING GUARDS of local laws, saving taxpayer resources. deal. The three ships Columbus commanded Recently, Mr. Mason was elected Cuyahoga on his first voyage, would today probably be County Prosecutor by an overwhelming major- HON. ROBERT E. ANDREWS classified as large yachts. Columbus did not ity of the Cuyahoga County Democratic Par- OF NEW JERSEY have any radio contact with the mainland. He ty's Central Committee. Mr. Mason's position IN THE HOUSE OF REPRESENTATIVES did not have any modern computers to help as the county's chief law enforcement officer him navigate. All Columbus basically had was Tuesday, October 5, 1999 is well deserved. courage, skill, and good luck. He has been privileged to have the support Mr. ANDREWS. Mr. Speaker, I rise today to Often, we read that Columbus was not the commend and thank those who have dedi- first voyager to reach the Americas. It is con- of his loving wife, Carol, and his four children cated a portion of their lives to ensuring that tended that the Vikings, the Irish, and perhaps Marty, Kelly, Cassidy, and Jordan. Mr. Speaker, I would like to congratulate Bill our young people throughout the First Con- even the Phoenicians, were here first. Some Mason for being named outstanding Democrat gressional District of New Jersey are provided scholars contend that the lost tribe of Israel in the city of Parma. safe journey to and from school. journeyed to America and are the ancestors of Each day crossing guards put their lives in Native Americans. This may all be true. Yet, it f harms way to protect our children from the is all irrelevant. Columbus may not have been IN RECOGNITION OF DOMESTIC dangers they may face on the way to school, the first to make the journey, but he was cer- VIOLENCE AWARENESS MONTH whether that be a speeding car ignoring post- tainly the first to appreciate its significance. ed school-zone speed limits or a drug dealer Columbus recognized that by reaching the HON. ELLEN O. TAUSCHER pushing poison on our young people. Americas by sailing west, he was opening a In September, I held a ceremony back in my OF CALIFORNIA whole new world to the people of Europe. He IN THE HOUSE OF REPRESENTATIVES district to honor 20 crossing guards for their recognized that this was a benefit to everyone, exemplary service to the children of their com- a benefit he believed that it must not be kept Tuesday, October 5, 1999 munities. As a parent of two young girls, I secret. Mrs. TAUSCHER. Mr. Speaker, I rise in rec- commend them for taking time from their lives, Columbus was also fortunate in that his dis- ognition of October as Domestic Violence for little compensation, to assure us as par- covery voyage took place soon after the dis- Awareness Month. Domestic Violence Aware- ents, that our children will have a responsible covery of moveable type. Thus, publicizing his ness Month is a national campaign created to adult looking over them literally every step of voyages became more practical than could focus public awareness on the problem of do- the way from the time they leave the house in have been the case just fifty years earlier. mestic violence. the morning until they sit at their desks to Since Christopher Columbus was of Italian ex- As we are all too aware, domestic violence begin their school day. traction, he became the first Italian whose life is the leading cause of injury to women be- Through torrential downpours, driving snow- was intertwined with the history of America, tween the ages 15 and 44 in the United storms, blistering heat and frigid cold, our chil- starting a tradition that continues to this day. States. More women are injured as a result of dren can count on crossing guards to be there Giovanni da Verrazano, who discovered domestic violence than are injured in car acci- providing a familiar face to guide them on their New York Harbor, Constantino Brumidi, whose dents, muggings, and rapes combined. trip to and from school. On behalf of the 106th paintings adorn the rotunda in our U.S. Capitol Women of all cultures, races, occupations, in- Congress of the United States of America, I Building, Guglielmo Marconi, who invented come levels, and ages are battered by hus- thank the following crossing guards for keep- radio, and Joe DiMaggio, whose feats on the bands, boyfriends, and partners. Batterers are ing our children safe every day. baseball diamond won the respect, admiration not restricted to low-income or unemployed The following crossing guards were honored and love of all Americans, are only a few ex- men. Approximately one-third of the men who at a ceremony at Camden County Community amples of Italians and Italian Americans who undergo counseling for battering are profes- College on September 13, 1999: Mrs. have long been a vital force in American his- sional men who are well-respected in their Angelina Esposito, Burlington Twp, Mrs. tory. They contributed significantly to our cul- jobs and communities. These include doctors, Carmella Caruso, City of Burlington Schools, ture, improved our way of life, and helped cre- psychologists, ministers, and business execu- Mrs. Barbara Laute, Oak Vally Elem-Deptford ate the America which strides across the world tives. Domestic violence also affects children. Twp, Mrs. Marie Snyder, Shady Lane Elem- of today. Half who live in violent homes experience Deptford Twp, Mrs. Janette Multanski, Accordingly, it is fitting that we commemo- some form of physical abuse. Unfortunately, Brooklawn, Mrs. Cynthia Peaker, Willingboro, rate Columbus Day and Italian Heritage Month one-third of boys who grow up in violent Mrs. Maureen Saia, Washington Twp, Mrs. as a way of not only remembering the coura- homes become batterers themselves, simply Mary Ann Wurst, Woodbury Heights, Mrs. Sue geous contributions of one remarkable man, perpetuating the cycle. Hynes, Woodlynne, Mrs. Tina Castelli, Prin- but also to express our appreciation to the I am proud that in my district, victims of do- cipalÐGood Intent ElementaryÐDeptford many Italians who have helped us throughout mestic violence have been able to turn to Bat- Twp, Mrs. Ruth Rosenblatt, Somerdale, Mr. the years. tered Women's Alternative. For the past 21 CONGRESSIONAL RECORD — Extensions of Remarks E2029 years, this wonderful organization has pro- I am certain that General Scott will continue eration what real heroes look like . . . to show vided a safe haven for those women who to excel in the position of Commanding Gen- that ordinary people sometimes do extraor- have taken the critical first step and escaped eral of the United States Army Security Assist- dinary things.'' from their homes. Battered Women's Alter- ance Command. He and his lovely wife, Mary, Mr. Speaker, Indiana has a proud tradition native serves more than 15,500 women annu- are wished much success in this new assign- of honoring those who have sacrificed so ally through its 24-hour crisis line, emergency ment. much to secure and preserve our freedom. shelter, safe homes, traditional housing, legal f We must never forget that freedom is not free. advocacy, counseling, employment assistance Because of the selfless sacrifices of so many, and placement programs. Battered Women's MEDAL OF HONOR MEMORIAL we enjoy so much in America. I encourage all Alternative also conducts educational pro- of my colleagues to visit Indianapolis, Indiana grams in the hopes of preventing future in- HON. DAN BURTON and see this newest addition to our city and stances of domestic violence, many of which OF INDIANA State. It is something, I can assure you, that are targeted toward abusive men as well as IN THE HOUSE OF REPRESENTATIVES you will not soon forget. younger children. Tuesday, October 5, 1999 f In recognition of the important work done by Battered Women's Alternatives every month of Mr. BURTON of Indiana. Mr. Speaker, I rise HONORING ANNA MAE LYNCH ON the year, I urge you all to actively participate today and take great personal pride in having HER 100TH BIRTHDAY in the many scheduled activities and programs the Medal of Honor Memorial in Indianapolis planned all over the country that work toward recognized as a National Memorial. My col- HON. GEORGE RADANOVICH the elimination of personal and institutional vi- leagues, by passing H.R. 1663 today, we have OF CALIFORNIA designated as National memorials the memo- olence against women. Only a coordinated IN THE HOUSE OF REPRESENTATIVES community effort can put a stop to this hei- rial being built at the Riverside National Ceme- Tuesday, October 5, 1999 nous crime and I urge my colleagues to join tery in Riverside, California; the memorial me in recognizing this important month. aboard the former USS Yorktown (CV±6) at Mr. RADANOVICH. Mr. Speaker, I rise f Mount Pleasant, South Carolina; and the me- today to honor Anna Mae Francis Lynch on morial at White River State Park in Indianap- her 100th birthday. Anna Mae was born on PERSONAL EXPLANATION olis, Indiana, to honor the 3,410 recipients of October 5, 1899 in northern Arkansas. the Congressional Medal of Honor. As a child, Anna taught herself to read and HON. JULIA CARSON On May 28, 1999, the last Memorial Day write before she started school. Anna went to OF INDIANA weekend of the 20th Century, I joined my the fields and worked side by side with her IN THE HOUSE OF REPRESENTATIVES Hoosier colleagues Representatives BUYER, family, chopping cotton, pulling weeds from Tuesday, October 5, 1999 MCINTOSH, and HILL, Senator BAYH, Lt. Gov- the cornfields, milking cows and picking cotton ernor Kernan, Mayor Goldsmith of Indianap- by hand. Ms. CARSON. Mr. Speaker, I was unavoid- olis, IPALCO Chairman John Hodowal, and 98 On February 25, 1916 at the age of 16, ably absent Friday, October 1, 1999, and as a of the 157 living Medal of Honor recipients to Anna married James Elmer Lynch secretly by result, missed rollcall votes 468 and 469. Had dedicate the Medal of Honor Memorial. Medal the Justice of the Peace, in the woods, after I been present, I would have voted ``yes'' on of Honor recipients Sammy L. Davis and Mel- attending a church singing. From this union, rollcall vote 468 and ``no'' on rollcall vote 469. vin Biddle joined us at the dais, representing seven sons were born; six of the seven served f their comrades-in-arms. with honor in World War II. TRIBUTE TO MAJOR GENERAL The new memorial is located along the In 1921, Anna and her family came to BRUCE KENYON SCOTT, UNITED north bank of the Central Canal in White River Coalinga to work and prosper in the oil fields. STATES ARMY State Park in downtown Indianapolis. It sits Then came the great depression and the oil adjacent to Military Park, the site of the city's fields closed down. The family headed back to HON. FLOYD SPENCE first recorded 4th of July celebration in 1822, Arkansas and then Texas, but returned to which was used as a recruiting and training OF SOUTH CAROLINA Coalinga to labor in the cotton fields of Ranch- camp for soldiers from Indiana during the Civil IN THE HOUSE OF REPRESENTATIVES er Johnny Conn of Coalinga. War. Anna was a mother, homemaker, a Bible Tuesday, October 5, 1999 It is at this fitting site that the local power school and singing teacher, and highly inter- Mr. SPENCE. Mr. Speaker, I rise today to utility, IPALCO Enterprises under the leader- ested in Republican politics. Anna now resides recognize Major General Bruce Kenyon Scott, ship of its Chairman, John Hodowal, who in Coalinga. for his outstanding service to our Nation. This along with his wife, Caroline, and countless Mr. Speaker, I want to recognize Anna Mae month, General Scott will depart The Pen- employees and volunteers, has erected this Lynch for her hard work and dedication to her tagon to assume the position of Commanding breathtaking memorial. Caroline Hodowal first family. I urge my colleagues to join me in General of the United States Army Security read a newspaper article about the Medal re- wishing Anna many more years of continued Assistance Command, in Alexandria, Virginia. cipients and then conceived the idea for the success. Since August 1997, General Scott has new memorial when she and her husband re- f served as the Chief of Legislative Liaison for alized that none existed. the United States Army. In this role, he has Visitors to the site will see citations for each A TRIBUTE TO JOHN J. BELLIZZI proven himself to be a valued advisor to the of the 3,410 medal recipients etched into glass Secretary of the Army, the Chief of Staff of the walls. The twenty-seven curved glass walls, HON. BENJAMIN A. GILMAN Army, as well as many Members of Congress each between 7 and 10 feet tall, represent the OF NEW YORK and staff. Drawing upon his in-depth knowl- 15 conflicts, dating back to the Civil War, in IN THE HOUSE OF REPRESENTATIVES edge of policy and program issues that relate which uncommon acts of bravery resulted in Tuesday, October 5, 1999 to the Army, General Scott has been able to the awarding of the Medal of Honor. Steps, ensure that the Army message has been de- benches, and a grassy area provide seating Mr. GILMAN. Mr. Speaker, I am pleased to livered in a very effective manner. General for visitors to rest, reflect, and view this mag- share with our colleagues the remarkable life Scott has also been instrumental in resolving nificent memorial. Additionally, each evening of an outstanding individual and good friend countless personnel, operational, and support at dusk, a sound system plays a thirty minute who has devoted his work to law enforcement matters involving the Army, during deploy- recorded account about a medal recipient, his and particularly to eradicating the impact of ments to more than 81 countries around the story, and the act for which he received this drugs in our society. world. Nation's highest military honor. As each story John J. Bellizzi is being recognized this Throughout his 27 years of dedicated serv- is told, lights illuminate the appropriate portion weekend for his 50 years of dedicated service ice, General Scott has set a high standard. He of the memorial to highlight the war or conflict to these causes, and especially to his 40 clearly symbolizes the Army ethos, ``Duty, being discussed. years of devotion to the International Narcotics Honor, Country.'' General Scott has served In the words of Mr. Hodowal, this memorial Enforcement Officers Association (INEOA) with distinction in the position of Chief of Army serves two purposes: ``It's an opportunity to which he founded in 1959 and for which he Legislative Liaison, and he is to be com- say thanks for the sacrifices [these men] became its first President. Today, John con- mended on his outstanding work. made, and it's a chance to show the next gen- tinues to serve as Executive Director of E2030 CONGRESSIONAL RECORD — Extensions of Remarks October 5, 1999 INEOA and is even more dedicated to this IN HONOR OF THE SEVENTY-FIFTH H.R. 3013: TO AMEND THE ALASKA cause than he was in the past. ANNIVERSARY OF THE FAITH NATIVE CLAIMS SETTLEMENT ACT John previously retired from the position of LUTHERAN CHURCH OF LAKE- Director of the New York State Bureau of Nar- WOOD HON. DON YOUNG cotic Enforcement, having worked under six OF ALASKA Governors. In that position, John earned the IN THE HOUSE OF REPRESENTATIVES respect of all of us who had worked with him. HON. DENNIS J. KUCINICH Tuesday, October 5, 1999 I vividly recall during my tenure in the State OF OHIO Mr. YOUNG of Alaska. Mr. Speaker, I am Assembly the dedication John brought to his IN THE HOUSE OF REPRESENTATIVES pleased to introduce H.R. 3013, a bill to fledgling crusade against drugs. amend the Alaska Native Claims Settlement John Bellizzi is a product of the New York Tuesday, October 5, 1999 Act to allow shareholders common stock to be City school system, having graduated from transferred to adopted Alaska native children Stuyvesant High School. He obtained his de- Mr. KUCINICH. Mr. Speaker, I rise today to and their descendants and for other purposes. gree in pharmacy from St. John's University, honor the 75th anniversary of the Faith Lu- This bill is very similar to H.R. 2803, how- and received an LL.B. from Albany Law theran Church of Lakewood. ever, the Alaska Federation of Natives and the School and his Doctor of Jurisprudence from Faith Lutheran Church was established in Department of the Interior have agreed to de- Union University. John has also studied on the 1924 by the Home Mission Board of the Evan- lete Section 7, the Partial Section Selections graduate level at New York University and at gelical Lutheran Joint Synod of Ohio. Services from the original bill. Other provisions in the Fordham University. were first held in a storeroom at 15635 Madi- bill contains revised language recommended John was also a police officer with the New son Avenue next to Scherzer's Bakery. Rev- by the Department of the Interior to address York City Police Department. In that capacity, erend Edward W. Schramm served as the first some of their concerns. he was assigned to some of the most critical pastor. The Madison School Building, now Again, Mr. Speaker, I am introducing neighborhoods in the city, including Harlem, known as Harding Middle School became a H.R. 3013 with language revision changes to Bedford-Stuyvesant, and the south Bronx. second place of worship until the current three provisions of H.R. 2803. This is to allow During World War II, John was an undercover church was dedicated on Easter Sunday, our Committee to hold a hearing next agent, investigating and reporting on some of March 27, 1932. An additional educational Wednesday on a new and expanded version the subversive organizations which were work- building and chapel were dedicated October 6, of H.R. 2803 which reflects changes rec- ing against our nation. 1957. ommended by the Alaska Federation of Na- tives and the Department of the Interior. John utilized his unique background in both Faith Lutheran Church was designed in the f pharmacy and law enforcement to help spear- Gothic style by Cleveland Architect William E. head the fight against illegal narcotics. He is Foster. Especially noteworthy is the Reuter THE TOASTMASTERS INTER- the author of many articles on pharmacy, nar- pipe organ designed specially for the church NATIONAL: RECOGNIZING 75 cotics, and the law. He also served on the fac- by the Reuter Organ Company. With 1,439 YEARS OF SERVICE ulty of several schools, including Albany Med- speaking pipes ranging from eighteen feet to ical School, the University of Southern Cali- one-fourth of an inch, the organ is recognized fornia, and St. John's University. HON. JIM TURNER for its tonal richness. OF TEXAS John Bellizzi served as a consultant on drug Today, Faith Lutheran Church has a 582- IN THE HOUSE OF REPRESENTATIVES abuse to the White House and served on the member congregation. Reverend Richard G. Narcotics Commission of two successive May- Tuesday, October 5, 1999 Schluep serves as pastor. Upholding a long- ors of New York CityÐRobert F. Wagner, Jr., Mr. TURNER. Mr. Speaker, I rise today to standing tradition of goodwill, the people of and John V. Lindsey. He also advised Mayor honor the 75th anniversary of Toastmasters Faith Lutheran Church work together to serve Sam Yorty of Los Angeles and Governor Jerry International, which since its conception on local community charities and agencies. Con- Brown of California as a member of their nar- October 22, 1924, has grown to over 8,000 gratulations to Faith Lutheran Church for 75 cotics commissions. clubs and 200,000 members in 60 countries years of service and religious celebration. Mr. Speaker, the awards and recognitions worldwide. John Bellizzi has received over the years are My fellow colleagues, join me in honoring During the past 75 years, Toastmasters too numerous to fully enumerate here. Suffice Faith Lutheran Church, a community that has International has performed a valuable service to say that he was presented the Honor Le- dedicated their lives to God, freedom and the for its members and those who hear its mes- gion Medal from the New York City Police De- well being of all people. sage of opportunity, initiative and good fellow- partment, the Papal medal from Pope Paul VI ship by assisting in the development of essen- in 1965; the very first Anslinger Award for f tial communications skills. One of the Toast- combating international narcotics trafficking masters' most remarkable, yet challenging, ef- BIRTHDAY TRIBUTE TO FRAN presented in 1979; and was honored by the forts has been the formation of clubs within BANMILLER Columbia Association of New York State Em- prisons to teach inmates how to effectively ployees and the Italian Pharmaceutical Society communicate to others and accept criticism. I of New York for distinguished service to the am especially proud of the Sabine River community by an American of Italian ancestry. HON. ROBERT E. ANDREWS Toastmasters in Orange, Texas. One year ago, the Sabine River John also was awarded a gold medal by the OF NEW JERSEY Daughters of the American Revolution. Toastmsters formed a club in the LeBlanc IN THE HOUSE OF REPRESENTATIVES Prison, which is located in Jefferson County in With all these honors, there is no doubt that East Texas. This club has been responsible Tuesday, October 5, 1999 John's pride and joy is his wife of 57 years, for numerous success stories during the past Celeste Morga, who has been his co-partner year, and I am confident that the inmates of and confidant in all of his endeavors. They are Mr. ANDREWS. Mr. Speaker, I rise today to acknowledge the birthday of a dear friend of East Texas will continue to benefit from this the proud parents of two sons, John J., Jr., encouragement and assistance in the develop- and Robert F. mine. On Saturday, October 2, 1999, Mrs. Fran Banmiller, celebrated her 50th birthday. ment of improved communication skills for This weekend, the International Narcotic En- Fran was born in South West Philadelphia and many more years to come. forcement Officers Association is conducting moved to Gloucester City, N.J. She attended The ability to speak in a clear and effective its 40th Annual Conference. A special awards Rutgers-Camden School of Finance where manner is a powerful and important skill that ceremony will honor drug enforcement officers she earned her CPA and later went on to earn can help all Americans overcome barriers to from throughout the world. A special program her masters in tax accounting. effective performance in virtually every en- will spotlight the remarkable career of John J. deavor and line of work. With the guidance of Bellizzi and his achievements throughout the Fran, and her husband Jerry, are the proud Toastmaster members, inmates are becoming past half century. parents of three beautiful children, Liz, Sarah better communicators with a greater sense of Mr. Speaker, I invite all of our colleagues to and Rachel. confidence, self-esteem and self-respect, and join with me in saluting John Belizzi, a cham- I would like to wish her a happy and healthy they are therefore better prepared and quali- pion of our war against drugs. 50th birthday. fied for employment after being released from CONGRESSIONAL RECORD — Extensions of Remarks E2031 prison. Not only are the inmates encouraging box of his new Big Dawg Crunch cereal. Big has ensured that these activities were carried and inspiring each other to become better citi- Dawg has even earmarked royalties from ce- out in an efficient and instructive manner. zens, but they are also taking active roles in real sales to go toward the American Diabetes General Paul has set a high standard for oth- the lives of our Nation's youth by discouraging Association and the Lomas Brown Jr. Founda- ers to emulate. His total devotion to the Corps them from repeating the same mistakes they tion. Congratulations to Big Dawg for his chari- is evident in every action that he has taken, made by joining gangs or using drugs and al- table services, his devotion to his family, and and he is to be commended on his more than cohol. for being the Cleveland Browns' number one thirty years of exemplary service to our Nation. According to the Federal Bureau of Prisons, fan. Keep the tradition alive! I would like to wish General Paul and his love- 35 to 40 percent of all released prisoners are My fellow colleagues, join me in honoring ly wife, Sharon, much continued success in re-arrested within the first 12 months of re- John Big Dawg Thompson. their future endeavors. lease. Of the LeBlanc Toastmasters' 55 re- f f leased alumni, 2 have been re-arrested, which is one tenth of what the statistics would have TRIBUTE TO BRIGADIER GENERAL HONORING LARRY PISTORESI predicted. I would like to applaud the Sabine TERRY LEE PAUL, UNITED River Toastmasters for helping these 53 men STATES MARINE CORPS HON. GEORGE RADANOVICH who have built new lives for themselves after OF CALIFORNIA being released from prison. HON. FLOYD SPENCE IN THE HOUSE OF REPRESENTATIVES Mr. Speaker, I rise today to ask that you join OF SOUTH CAROLINA Tuesday, October 5, 1999 me and our colleagues in celebrating the week IN THE HOUSE OF REPRESENTATIVES Mr. RADANOVICH, Mr. Speaker, I rise of October 17, 1999, as Toastmasters Week Tuesday, October 5, 1999 and recognizing the many opportunities in today to honor Larry Pistoresi, Sr. for 50 years communication and public speaking that Mr. SPENCE. Mr. Speaker, it is with pleas- of perfect attendance at the Chowchilla Rotary Toastmasters International, and specifically ure that I rise to recognize Brigadier General Club. the Sabine River Toastmasters, have pro- Terry Lee Paul, the Legislative Assistant to the Larry Pistoresi, Sr. has been a member of moted and realized for East Texans and Commandant of the United States Marine the Chowchilla Rotary Club since the day it Americans all across the nation. Corps. General Paul retired from active duty was chartered in 1946. Pistoresi is an active f on Friday, October 1st, after 30 years of ex- auto retail salesman, but has been able to ceptional service in the Corps. keep perfect attendance for 50 years. Perfect IN HONOR OF JOHN BIG DAWG For the last 10 years, General Paul has attendance did not mean that you had to at- THOMPSON been in charge of the Marine Corps Office of tend all the local Rotary meetings. It you had Legislative Affairs. During this time, many to miss a local meeting, you could make that HON. DENNIS J. KUCINICH Members of Congress and staff have come to meeting up at another Rotary club in a dif- OF OHIO know General Paul as a very reliable and ar- ferent town. Through the years, Larry Pistoresi IN THE HOUSE OF REPRESENTATIVES ticulate spokesman for the Corps. His straight- has attended Rotary meetings in 20 different forward approach and extensive knowledge of states. In fact, planning a vacation for the Tuesday, October 5, 1999 policy and programs has especially been of Pistoresi's was quite an ordeal. Vacations Mr. KUCINICH. Mr. Speaker, I rise today to great benefit to those of us on the Armed were planned around Rotary meetings. Larry honor John Big Dawg Thompson. Services Committee. Through the effective would get the Rotary director out to see where John Big Dawg Thompson, legendary communication efforts of General Paul, the and when the Rotary meetings were to be Cleveland Browns superfan, is the heart and Congress has become familiar with the details held. soul of the Cleveland Browns and the Cleve- of important programs, which are essential to Pistoresi also has a family history of perfect land Browns' Dawg Pound. Nationally recog- the mission of the Marine Corps, such as, the attendance in the Rotary. His dad, Pete nized, Big Dawg's passion for the Cleveland V±22 Program, the Advanced Assault Amphib- Pistoresi, a charter member of the Chowchilla Browns has touched the spirit of football fans ious Vehicle, the KC±130J, and the Maritime Rotary Club, also received the perfect attend- everywhere. Members of Congress have even Pre-positioned Force-Enhancement, among ance award. Pistoresi said when he first felt Big Dawg's devotion when he testified be- others. General Paul has tirelessly endeav- joined, his dad kept after him to have perfect fore a House committee as the Browns fan ored to inform Members and staff on issues attendance. After the first two years of perfect who could best convey the trauma to fans ranging from the capabilities, technological ad- attendance he was challenged to keep on from the teams' sudden move to Baltimore. vances, concepts of operations, and funding going. The father and son team are the only Driven by heartfelt emotion and determina- requirements of necessary programs, to the tow in the local club to receive the award. The tion, Big Dawg served further as a crucial basic needs of Marines in the field and of their former president of the Chowchilla club said player in saving the team's name and colors families on base. his goal is to keep his perfect attendance to and in bringing the Browns back to Cleveland. Although, General Paul is well known for his the day he is forced to quit. Big Dawg's big heart was never silenced in-depth knowledge of the legislative issues Mr. Speaker, it is my pleasure to honor throughout the years Cleveland was deprived and operational requirements of the Marine Larry Pistoresi for his perfect attendance at of a team. Due in large part to his efforts, the Corps, he is also greatly respected as a dedi- the Chowchilla Rotary Club. I urge my col- Cleveland Browns are now back. cated leader, who possesses a deep and leagues to join me in wishing Larry many Celebrated as one of football's most famous abiding passion for what it means to be a Ma- more years of continued success. fans, Big Dawg was inducted this year into the rine. General Paul is, above all, a Marine of f Visa Hall of Fans at the Pro Football Hall of unquestionable devotion to duty, impeccable Fame in Canton, Ohio. Big Dawg's role integrity, absolutely sound character, and dedi- NATIONAL PARKS AIR TOUR evolved back in 1985 when he donned a dog cation to professionalism. Through his assign- MANAGEMENT ACT OF 1999 mask after Browns players Hanford Dixon and ments as a Senator Liaison, a Special Assist- Frank Minnifield coined the term Dawg Pound ant to the Commandant, and, finally, as the SPEECH OF to refer to the barking bleacher fans at the old Legislative Assistant to the Commandant, HON. PATSY T. MINK Cleveland Municipal Stadium. Soon thereafter, General Paul has always effectively commu- OF HAWAII the media discovered Big Dawg influencing nicated the message of ``making Marines and IN THE HOUSE OF REPRESENTATIVES Browns backers everywhere to wear, not only winning battles.'' Because of the efforts of orange and brown, but dog masks and dog General Paul, the United States Marines Monday, September 27, 1999 collars. With a new meaning to Cleveland's Corps is better equipped and more prepared Mrs. MINK of Hawaii. Mr. Speaker, I rise to home field advantage, the Dawg Pound be- to carry out its mission in these demanding express my support for H.R. 717, the National came an explosive force in leading the Browns times. Parks Air Tour Management Act of 1999. to victory. As Chairman of the Committee on Armed Although this bill does not go as far as I Not just a football fan, Big Dawg also serves Services, I have a special appreciation for the would like, particularly with respect to over- as a community leader and a devoted family outstanding work that General Paul has done. flights in National Parks in Hawaii, H.R. 717 is man. As a kid-friendly fellow, Big Dawg has His involvement in briefings and hearings be- a step in the right direction. made numerous appearances at local schools fore the House, as well as in Congressional For years I have received complaints fom and local events. He is also featured on the Delegation travel to points around the world, people who visit National Parks in Hawaii E2032 CONGRESSIONAL RECORD — Extensions of Remarks October 5, 1999 seeking to appreciate its serenity and ambi- Month. I rise today to call attention to the process that led to the consideration of the ance only to be agitated by the pesky and thousands of cooperatives in the United States Conference Report for H.R. 1906 in the House noisy buzzing of aircraft overhead. In re- and to the thousands of Americans who ben- of Representatives today. While I intend to sponse, I introduced legislation, H.R. 482, to efit from membership in a co-op. vote for this legislation, the leadership in the limit the adverse impacts of commercial air Some 40 percent of all Americans belong to House has chosen to ignore the wishes of this tour operations on National Parks in the State a cooperative of one kind or another. Co- body on two counts. of Hawaii. My bill establishes specific guide- operatives bring people together to meet a First, we selected conferees, knowledgeable lines, setting minimum altitudes and standoff common goal or need. There are cooperatives Members who have proven themselves in this distances, for National Parks in Hawaii. I be- to provide electricity and telephone service to lieve certain parks must be declared flight- rural areas, cooperatives to help farmers mar- process, who should have been allowed to free, spared from intrusive noise, and main- ket their goods, consumer cooperatives, and represent the House during the conference on tained as calm refuges for the enjoyment of credit union cooperatives, to name but a few. H.R. 1906. In the end, however, the conferees all. In Missouri, electric co-ops serve approxi- were shut out of the process and the final I strongly encourage all of my colleagues to mately 450,000 meters, representing over version of the conference report was devel- cosponsor my bill, H.R. 482, and establish 1,380,000 people. Nearly 20 small, rural tele- oped by House leadership, behind closed certain flight-free zones over National Parks in communications providers have received fi- doors. Hawaii so that we may all enjoy the whole ex- nancing from a cooperative to ensure that all Second, this House voted just last week, by perience of visiting a National Park. rural Missourians have access to reliable tele- an overwhelming majority, to mandate the Op- In the meantime, H.R. 717 will make several phone and other telecommunications services tion 1A pricing scheme for dairy. H.R. 1402, improvements upon the current situation of at an affordable price. There are also more the bill that I strongly supported and was overflights in National Parks. than 1 million credit union cooperative mem- proud to cosponsor, passed this House on H.R. 717 requires the National Park Service bers in Missouri. September 22, 1999, by a vote of 285 to 140. to work with the Federal Aviation Administra- Cooperatives allow people to band together While many other elements of the farm crisis and through the strength of numbers achieve tion and with the input of both the public and were addressed in the conference report, and air tour operators, to prepare air tour flight what individuals could not accomplish alone. I am pleased that over $8 billion has been di- management plans at each national park. Air Members gain access to specific services, to rected for disaster assistance, why was the tours would be prohibited unless the operators marketing power, or to purchasing power. Un- dairy crisis ignored? Why wasn't the issue of comply with the park's air tour overflight man- like other businesses, cooperatives operate at dairy even allowed to be brought to the table agement plan. To insure that the plans are fair cost and income that is not retained for coop- during conference negotiations? I am dis- and comprehensive, the bill also calls for a erative operations is returned to the members. study of the effects overflights have on park In recognition of National Cooperative appointed that H.R. 1402 is not included in the visitors on the ground. Month, I congratulate our nations' coopera- conference report. Our dairy farmers deserve Our National Parks should be enjoyed by tives for their continued service to members in more. all. For many, noise pollution ruins the Na- Missouri and throughout the nation. Mr. Speaker, despite these problems, I am tional Park experience just as spare tires and f pleased to announce that several special empty soda cans littered beneath the trees grants that are critical for Michigan agriculture CONFERENCE REPORT ON H.R. 1906, would. I support cleaning up the noise at Na- will be funded again this year at their Fiscal tional Parks and urge immediate passage of AGRICULTURE, RURAL DE- VELOPMENT, FOOD AND DRUG Year 1999 levels. The following grants, many H.R. 717, the National Parks Air Tour Man- of which are executed at the world-class land agement Act of 1999. ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS grant institution in my district, Michigan State f ACT, 2000 University, have been funded at their Fiscal NATIONAL COOPERATIVE MONTH Year 1999 levels: Improved Fruit Practices, SPEECH OF Wood Utilization, Potato Research, Apple Fireblight, and Sustainable Agriculture. Over- HON. IKE SKELTON HON. DEBBIE STABENOW all, the positive provisions included in the con- OF MISSOURI OF MICHIGAN ference report allow me to support it, but the IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES process that brought us to this point has been Tuesday, October 5, 1999 Friday, October 1, 1999 deeply flawed and I am very disappointed that Mr. SKELTON. Mr. Speaker, October 1999 Ms. STABENOW. Mr. Speaker, I rise today the House has not included H.R. 1402 in this has been designated as National Cooperative to express my extreme disappointment in the legislation Tuesday, October 5, 1999 Daily Digest

HIGHLIGHTS Senate passed Air Transportation Improvement Act/FAA Authorization. The House agreed to the conference report on H.R. 2606: Foreign Oper- ations, Export Financing, and Related Agencies Appropriations. Senate herently Low-Emission Airport Vehicle Pilot Pro- Chamber Action gram in the Air Transportation Improvement Act of Routine Proceedings, pages S11891–S12049 1999. Page S11898 Measures Introduced: Eight bills and one resolu- McCain (for Inhofe) Amendment No. 2071, to di- tion were introduced, as follows: S. 1686–1693, and rect the Administrator to develop a national policy S. Res. 196. Pages S11951±52 concerning the Terminal Automated Radar Display Measures Passed: and Information System. Page S11898 McCain (for Gorton) Amendment No. 1950 (in FAA Authorization/Air Transportation Im- lieu of the language proposed to be stricken by provement Act: Committee on Commerce, Science, Amendment No. 1906), relating to discriminatory and Transportation was discharged from further con- practices by computer reservations systems outside sideration of H.R. 1000, to amend title 49, United States Code, to reauthorize programs of the Federal the United States. Page S11903 Aviation Administration, and the bill was then McCain (for Voinovich) Amendment No. 1906, to passed, after striking all after the enacting clause and strike certain provisions relating to discriminatory inserting in lieu thereof the text of S. 82, Senate practices by computer reservations system outside companion measure, as amended, and after agreeing the United States. Page S11903 to the following amendments proposed thereto: McCain (for Robb) Amendment No. 1900, to pro- Pages S11891±S11916, S11921±33, S11936±49 tect the communities surrounding Ronald Reagan Adopted: Washington National Airport from nighttime noise Collins Amendment No. 1907, to establish a by barring new flights between the hours of 10 p.m. commission to study the impact of deregulation of and 7 a.m. Pages S11903±04 the airline industry on small town America. McCain (for Robb) Amendment No. 1901, to re- Pages S11893±95 quire collection and publication of certain informa- Gorton (for Rockefeller/Gorton) Amendment No. tion regarding noise abatement. Pages S11903±04 1893, to improve the efficiency of the air traffic con- McCain (for Snowe) Amendment No. 1904, to trol system. Page S11891 provide a requirement to enhance the competitive- McCain (for Abraham/Levin) Amendment No. ness of air operations under slot exemptions for re- 1948, to prohibit discrimination in the use of pri- gional jet air service and new entrant air carriers at vate airports. Page S11895 certain high density traffic airports. Page S11904 McCain (for Warner/Robb) Amendment No. Dodd Modified Amendment No. 2241, to require 1949, to remove a limitation on certain funding. the submission of information to the Federal Avia- Page S11895 tion Administration regarding the year 2000 tech- McCain (for Helms) Amendment No. 2070 (to nology problem. Pages S11921±28 Amendment No. 1892), to modify certain provisions McCain (for Burns/Ashcroft) Amendment No. relating to special rules for Ronald Reagan Wash- 2256, to establish a commission to study the airline ington National Airport. Page S11898 industry and to recommend policies to ensure con- McCain (for Boxer) Modified Amendment No. 1920, to provide for technical assistance to the In- sumer information and choice. Pages S11928±29

D1087 D1088 CONGRESSIONAL RECORD — DAILY DIGEST October 5, 1999 McCain (for Roth) Amendment No. 1925, ex- Rejected: pressing the sense of the Senate concerning air traffic By 37 yeas to 61 nays (Vote No. 310), Robb over northern Delaware. Pages S11929±30 Amendment No. 2259 (to Amendment No. 1892), McCain (for Abraham) Amendment No. 2251, to to strike certain provisions dealing with special rules restore the eligibility of reliever airports for Airport affecting Ronald Reagan Washington National Air- Improvement Program Letters of Intent. Page S11930 port. Pages S11904±08, S11941±44 McCain Amendment No. 1909, to authorize the By 30 yeas to 68 nays (Vote No. 311), Lautenberg Federal Aviation Administration’s civil aviation re- Amendment No. 1922, to state requirements appli- search and development programs for fiscal years cable to air carriers that bump passengers involun- 2000 and 2001. Page S11930 tarily. Pages S11944±46 McCain (for Feinstein) Amendment No. 1911, to Subsequently, S. 82 was returned to the Senate direct the Secretary of Transportation, acting calendar. Page S11949 through the Administrator of the Federal Aviation Administration, to issue regulations relating to the Labor/HHS/Education Appropriations—Agree- outdoor air and ventilation requirements for ventila- ment: A unanimous-consent agreement was reached providing for the consideration of S. 1650, making tion for passenger cabins. Pages S11930±31 McCain (for Abraham) Amendment No. 1897, to appropriations for the Departments of Labor, Health provide for a General Aviation Metropolitan Access and Human Services, and Education, and related agencies for the fiscal year ending September 30, and Reliever Airport Grant Fund. Pages S11930±31 McCain (for Torricelli) Amendment No. 1914, to 2000, on Wednesday, October 6, 1999. Page S12049 require the Administrator of the Environmental Pro- Nominations Confirmed: Senate confirmed the fol- tection Agency to conduct a study on airport noise. lowing nominations: Pages S11930±31 By 69 yeas to 29 nays (Vote No. EX. 309), Ray- McCain (for Conrad) Amendment No. 2238, to mond C. Fisher, of California, to be United States express the sense of the Senate that essential air serv- Circuit Judge for the Ninth Circuit. ice (EAS) to smaller communities remains vital, and Pages S11920, S12049 that the difficulties encountered by many of the By 93 yeas to 5 nays (Vote No. EX. 308), Brian communities in retaining EAS warrant increased fed- Theadore Stewart, of Utah, to be United States Dis- eral attention, and that the FAA should give full trict Judge for the District of Utah. consideration to ending the local match required by Pages S11919±20, S12049 Dickinson, North Dakota. Pages S11930±31 Nomination Rejected: Senate rejected the following Fitzgerald/Durbin Amendment No. 2264 (to nomination: Amendment No. 1892), to replace the slot provi- By 45 yeas to 54 nays (Vote No. EX. 307), Ron- sions relating to Chicago O’Hare International Air- nie L. White, of Missouri, to be United States Dis- port. Page S11933 trict Judge for the Eastern District of Missouri. McCain (for Hatch) Amendment No. 1927, to Pages S11918±19, S12049 amend title 18, United States Code, with respect to the prevention of frauds involving aircraft or space Messages From the House: Pages S11950±51 vehicle parts in interstate or foreign commerce. Measures Referred: Page S11951 Pages S11936±39 Executive Reports of Committees: Page S11951 McCain (for Dorgan) Amendment No. 2240, to preserve essential air service at dominated hub air- Statements on Introduced Bills: Pages S11952±56 ports. Pages S11939±40 Additional Cosponsors: Pages S11956±58 McCain (for Baucus) Modified Amendment No. Amendments Submitted: Pages S11958±S12045 1898, to require the Secretary to modify the Airline Service Quality Performance Reports to make the re- Notices of Hearings: Page S12045 ports more useful to consumers. Pages S11891, S11936 Authority for Committees: Page S12045 McCain (for Coverdell) Amendment No. 2265, to Additional Statements: Pages S12046±49 make available funds for Georgia’s regional airport enhancement program. Page S11940 Record Votes: Five record votes were taken today. Gorton Modified Amendment No. 1892, to make (Total—311) Pages S11919±20, S11944, S11946 certain technical corrections to the new entrant and Adjournment: Senate convened at 9:30 a.m., and limited incumbent new or increased service lan- adjourned at 6:32 p.m., until 9:30 a.m., on Wednes- guage. Pages S11891, S11898±S11903 day, October 6, 1999. (For Senate’s program, see the McCain Amendment No. 2266, to make technical remarks of the Majority Leader in today’s Record on changes and certain other modifications. Page S11944 page S12049.) October 5, 1999 CONGRESSIONAL RECORD — DAILY DIGEST D1089 erty County, Florida; Steven K. Troha, Allegheny Committee Meetings Forest Coalition, Kane Pennsylvania; Phil Davis, (Committees not listed did not meet) Valley County Board of Commissioners, Valley County, Idaho; R. Chris von Doenhoff, Houston COMPREHENSIVE TEST BAN TREATY County Court, Houston County, Texas; David Committee on Armed Services: Committee held closed Schmidt, Linn County Board of Commissioner, Linn hearings on issues relating to military implications County, Oregon; Michael A. Francis, Wilderness So- of the Comprehensive Test Ban Treaty (Treaty Doc. ciety, Washington, D.C.; and Doug Robertson, As- 105–28), receiving testimony from officials of the sociation of O and C Counties, Roseburg, Oregon. Department of Energy and the Intelligence Commu- MTBE FUEL ADDITIVE nity. Committee on Environment and Public Works: Sub- Hearings continue tomorrow. committee on Clean Air, Wetlands, Private Prop- MANUFACTURED HOUSING erty, and Nuclear Safety concluded hearings to exam- IMPROVEMENT ine the Environmental Protection Agency’s Blue Ribbon Panel findings on the use of Oxygenates and Committee on Banking, Housing, and Urban Affairs: MTBE, methyl tertiary-butyl ether, in gasoline, after Subcommittee on Housing and Transportation con- receiving testimony from former Senator Jake Garn, cluded hearings on S. 1452, to modernize the re- on behalf of the Huntsman Corporation, Salt Lake quirements under the National Manufactured Hous- City, Utah Daniel S. Greenbaum, Health Effects In- ing Construction and Safety Standards of 1974 and stitute, Cambridge, Massachusetts, on behalf of the to establish a balanced consensus process for the de- Environmental Protection Agency’s Blue Ribbon velopment, revision, and interpretation of Federal Panel; Michael P. Kenney, California Air Resources construction and safety standards for manufactured Board, Sacramento, on behalf of the California Envi- homes, after receiving testimony from Senator Bayh; ronmental Protection Agency; and Robert H. Camp- William Apgar, Assistant Secretary of Housing and bell, Sunoco, Inc.Philadelphia, Pennsylvania. Urban Development for Housing/Federal Housing Commissioner; William Lear, Fleetwood Enterprises, INTERCOUNTRY ADOPTION Inc., Riverside, California, on behalf of the Coalition Committee on Foreign Relations: Committee concluded to Improve the Manufactured Housing Act; and hearings on the Convention On Protection of Chil- Rutherford Brice, Decatur, Georgia, on behalf of the dren and Cooperation in Respect of Intercountry American Association of Retired Persons. Adoption (Treaty Doc. 105–51), and S. 682, to im- SECURE RURAL SCHOOLS AND plement the Hague Convention on Protection of COMMUNITY SELF-DETERMINATION Children and Co-operation in Respect of Intercounty Adoption, after receiving testimony from Mary A. Committee on Energy and Natural Resources: Sub- Ryan, Assistant Secretary of State, Bureau of Con- committee on Forests and Public Land Management sular Affairs; Ronald S. Federici, Psychiatric and concluded hearings on S. 1608, to provide annual Neuropsychological Associates, Alexandria, Virginia; payments to the States and counties from National Barbara A. Holtan, Tressler Lutheran Services, York, Forest System lands managed by the Forest Service, Pennsylvania; Tomilee Harding, Christian World and the revested Oregon and California Railroad and Adoption, Hendersonville, North Carolina, Mark T. reconveyed Coos Bay Wagon Road grant lands man- McDermott, American Academy of Adoption Attor- aged predominately by the Bureau of Land Manage- neys, Washington, D.C.; and Susan Soon-Keum Cox, ment, for use by the counties in which the lands are Holt International Children’s Services, Eugene, Or- situated for the benefit of the public schools, roads, egon. emergency and other public purposes; to encourage and provide new mechanism for cooperation between AFRICA DEVELOPMENT ASSISTANCE counties and the Forest Service and the Bureau of Committee on Foreign Relations: Subcommittee on Afri- Land Management to make necessary investments in can Affairs continued hearings to examine the effec- federal lands, and reaffirm the positive connection tiveness of United States development assistance to between Federal Lands counties and Federal Lands, Africa and the implementation of United States for- after receiving testimony from Idaho State Rep- eign policy, receiving testimony from Nicholas N. resentative Shirley Ringo; Bob Douglas, National Eberstadt, American Enterprise Institute for Public Forest Counties and Schools Coalition, Tehama Policy Research, and Carol Lancaster, Georgetown County, California; Jane O’Keefe, Oregon Counties University School of Foreign Service, both of Wash- Public Lands Committee, Lake County; Jack H. ington, D.C. Summers, Jr., Liberty County School District, Lib- Hearings recessed subject to call. D1090 CONGRESSIONAL RECORD — DAILY DIGEST October 5, 1999 ASBESTOS EXPOSURE LITIGATION Asbestos Resolution; Samuel J. Heyman, GAF Cor- Committee on the Judiciary: Subcommittee on Admin- poration, Wayne, New Jersey; Richard Middleton, istrative Oversight and the Courts concluded hear- Jr., Middleton, Mathis, Adams, and Tate, Savannah, ings on the S. 758, to establish legal standards and Georgia, on behalf of the Association of Trial Law- procedures for the fair, prompt, inexpensive, and effi- yers of America; Michael Green, University of Iowa cient resolution of personal injury claims arising out College of Law, Iowa City; Richard A. Nagareda, of asbestos exposure, after receiving testimony from University of Georgia School of Law, Athens; and Representatives Gekas, Moran, Cannon, and Scott; Paul R. Verkuil, Yeshiva University Benjamin N. Christopher Edley, Jr, Harvard Law School, Boston, Cardozo School of Law, New York, New York. Massachusetts; Jonathan P. Hiatt, American Federa- tion of Labor and Congress of Industrial Organiza- INTELLIGENCE tions, and Karen Kerrigan, Small Business Survival Select Committee on Intelligence: Committee held closed Committee, both of Washington, D.C.; former hearings on intelligence matters, receiving testimony Michigan Supreme Court Chief Justice Conrad L. from officials of the intelligence community. Mallet, Jr., Detroit, on behalf of the Coalition for Committee will meet again tomorrow. h House of Representatives Recess: The House recessed at 9:27 a.m. and recon- Chamber Action vened at 10:00 a.m. Page H9308 Bills Introduced: 17 public bills, H.R. 3011–3027; Committee on Transportation and Infrastruc- and 2 resolutions, H.J. Res. 70 and H. Con. Res. ture: Chairman Shuster forwarded copies of resolu- 192, were introduced. Pages H9409±10 tions approved by the Committee on August 5, Reports Filed: Reports were filed today as follows: 1999 and copies of resolutions adopted by the Com- S. 452, a private bill for the relief of Belinda mittee on August 5, 1999—referred to the Com- McGregor (H. Rept. 106–364); mittee on Appropriations. Page H9312 H.R. 1497, to amend the Small Business Act with Suspensions: The House agreed to suspend the rules respect to the women’s business center program, and pass the following measures: amended (H. Rept. 106–365); and H. Res. 323, providing for the consideration of Designating the J.J. ‘‘Jake’’ Pickle Federal H.R. 2990, to amend the Internal Revenue Code of Building: S. 559, to designate the Federal building 1986 to allow individuals greater access to health in- located at 33 East 8th Street in Austin, Texas, as the surance through a health care tax deduction, a long- ‘‘J.J. ‘Jake’ Pickle Federal Building’’—clearing the measure for the President; Pages H9334±38 term care deduction, and other health-related tax in- centives, to amend the Employee Retirement Income National Medal of Honor Memorial Act: H.R. Security Act of 1974 to provide access to and choice 1663, amended, to designate as a national memorial in health care through association health plans, and the memorial being built at the Riverside National to amend the Public Health Service Act to create Cemetery in Riverside, California to honor recipients new pooling opportunities for small employers to of the Medal of Honor (passed by a yea and nay vote obtain greater access to health coverage through of 424 yeas with none voting ‘‘nay’’, Roll No. 474). HealthMarts and H.R. 2723, to amend title I of the Agreed to amend the title; Pages H9312±15, H9338±39 Employee Retirement Income Security Act of 1974, Commending the WWII Veterans Who Fought title XXVII of the Public Health Service Act, and in the Battle of the Bulge: H.J. Res. 65, amended, the Internal Revenue Code of 1986 to protect con- commending the World War II veterans who fought sumers in managed care plans and other health cov- in the Battle of the Bulge (passed by a yea and nay erage (H. Rept. 106–366). Page H9409 vote of 422 yeas with none voting ‘‘nay’’, Roll No. Speaker Pro Tempore: Read a letter from the 475); and Pages H9315±28, H9339±40 Speaker wherein he designated Representative Wil- Expressing Sympathy for the Victims of Hurri- son to act as Speaker pro tempore for today. cane Floyd: H. Res. 322, expressing the sense of the Page H9305 House of Representatives in sympathy for the vic- tims of Hurricane Floyd, which struck numerous October 5, 1999 CONGRESSIONAL RECORD — DAILY DIGEST D1091 communities along the East Coast between Sep- tember 14 and 17, 1999 (agreed to by a yea and nay Committee Meetings vote of 417 yeas with none voting ‘‘nay’’ and one U.S. COMMISSION ON NATIONAL voting ‘‘present’’, Roll No. 476). SECURITY/21ST CENTURY Pages H9328±34, H9340 Committee on Armed Services: Held a hearing on the Child Abuse Prevention and Enforcement Act: U.S. Commission on National Security/21st Century. The House passed H.R. 764, to reduce the incidence Testimony was heard from the following officials of of child abuse and neglect by a recorded vote of 425 the U.S. Commission on National Security/21st Cen- ayes to 2 noes, Roll No. 479. Pages H9349±64 tury: Gary Hart, Co-Chair; Warren B. Rudman, Co- Agreed to: Chair; Norman Augustine and Andrew Young, both The McCollum amendment in the nature of a Commissioners. substitute that revises the description of the grant program and funding set aside for child abuse vic- ELECTRICITY COMPETITION AND tims under the Victims of Crime Act of 1984; RELIABILITY ACT Page H9357 Committee on Commerce: Subcommittee on Energy and The Jackson-Lee of Texas amendment to the Power held a hearing on H.R. 2944, Electricity McCollum amendment that clarifies that child abuse Competition and Reliability Act of 1999. Testimony includes child sexual abuse (agreed to by a recorded was heard from the following officials of the Depart- vote of 424 ayes with none voting ‘‘no’’, Roll No. ment of Energy: T. J. Glauthier, Deputy Secretary; 477); and Pages H9358±61, H9362 James Hoecker, Chairman, Vicky Bailey, Linda Key The Jones of Ohio amendment to the McCollum Breathitt, Curt Hebert and William Massey, all amendment that specifies that any increase in fund- Commissioners, Federal Energy Regulatory Commis- ing provided shall operate notwithstanding any limi- sion; and public witnesses. tation placed on the availability of the Crime Vic- Hearings continue tomorrow. tims Fund (agreed to by a recorded vote of 389 ayes to 32 noes, Roll No. 478). Pages H9361, H9362±63 SEND MORE DOLLARS TO THE CLASSROOM H. Res. 321, the rule that provided for consider- Committee on Education and the Workforce: Began mark ation of the bill was agreed to by voice vote. up of H.R. 2, to send more dollars to the classroom. Pages H9348±49 Will continue tomorrow. Recess: The House recessed at 4:00 p.m. and recon- MISCELLANEOUS MEASURES vened at 4:36 p.m. Page H9361 Committee on the Judiciary: Ordered reported the fol- Foreign Operations, Export Financing, and Re- lowing: H.R. 2886, to amend the Immigration and lated Agencies Appropriations: The House agreed Nationality Act to provide that an adopted alien to the conference report on H.R. 2606, making ap- who is less than 18 years of age may be considered propriations for foreign operations, export financing, a child under such Act if adopted with or after a and related programs for the fiscal year ending Sep- sibling who is a child under such Act; H.R. 1520, tember 30, 2000 by a yea and nay vote of 214 yeas Child Status Protection Act of 1999; H.R. 2961, to 211 nays, Roll No. 480. Pages H9364±78 International Patient Act; and two private relief H. Res. 307, the rule that waived points of order bills. against the conference report, was agreed to earlier by voice vote. Pages H9340±48 GOLDEN SPIKE/CROSSROADS OF THE WEST Referrals: S. 1255 was referred to the Committee on NATIONAL HERITAGE AREA AUTHORIZATION the Judiciary. Page H9408 Quorum Calls—Votes: Four yea and nay votes and Committee on Resources: Subcommittee on National three recorded votes developed during the pro- Parks and Public Lands held a hearing on H.R. ceedings of the House today and appear on pages 2932, to authorize the Golden Spike/Crossroads of the West National Heritage Area. Testimony was H9338–39, H9339–40, H9340, H9362, H9362–63, heard from Katherine Stevenson, Associate Director, H9363–64, and H9377–78. There were no quorum Cultural Resource Stewardship and Partnership, Na- calls. tional Park Service, Department of the Interior; Adjournment: The House met at 9:00 a.m. and ad- Glenn J. Mecham, Mayor, Ogden, Utah; and public journed at 11:21 p.m. witnesses. D1092 CONGRESSIONAL RECORD — DAILY DIGEST October 5, 1999 BIPARTISAN CONSENSUS MANAGED CARE FUELS FOR FUTURE IMPROVEMENT ACT OF 1999; Committee on Science: Subcommittee on Energy and QUALITY CARE FOR THE UNINSURED ACT Environment held a hearing on Fuels for Future. OF 1999 Testimony was heard from Jay E. Hakes, Adminis- Committee on Rules: Granted, by a vote of 9 to 3, a trator, Energy Information Administration, Depart- structured rule providing for consideration of H.R. ment of Energy; and public witnesses. 2990 and H.R. 2723. The rule provides two hours FATHERHOOD LEGISLATION of debate in the House on H.R. 2990, Quality Care Committee on Ways and Means: Subcommittee on for the Uninsured Act of 1999, equally divided Human Resources held a hearing on fatherhood leg- among and controlled by the chairmen and ranking islation. Testimony was heard from Senator Bayh; minority members of the Committee on Commerce, Representatives Shaw and Carson; Marilyn Ray the Committee on Education and the Workforce, Smith, Associate Deputy Commissioner and Chief and the Committee on Ways and Means. The rule Legal Counsel, Child Support Enforcement Division, waives all points of order against consideration of the Department of Revenue, State of Massachusetts; and bill. The rule provides one motion to recommit H.R. public witnesses. 2990. f The rule provides three hours of general debate on H.R. 2723, Bipartisan Consensus Managed Care Im- COMMITTEE MEETINGS FOR provement Act of 1999, equally divided among and WEDNESDAY, OCTOBER 6, 1999 controlled by the chairmen and ranking minority (Committee meetings are open unless otherwise indicated) members of the Committee on Commerce, the Com- mittee on Education and the Workforce, and the Senate Committee on Ways and Means. The rule waives all Committee on Agriculture, Nutrition, and Forestry: to hold points of order against consideration of the bill. The hearings to review public policy related to biotechnology, rule provides that the amendments printed in part focusing on domestic approval process, benefits of bio- A of the Rules Committee report accompanying the technology and an emphasis on challenges facing farmers resolution shall be considered as adopted upon adop- to segregation of product, 9 a.m., SR–328A. tion of the rule. The rule provides for consideration Committee on Armed Services: to hold hearings on the na- of only the amendments printed in part B of the tional security implications of the Comprehensive Test Rules Committee report accompanying the resolu- Ban Treaty; to be followed by a closed hearing (SH–219), 9:30 a.m., SH–216. tion. The rule provides that the amendments printed Committee on Commerce, Science, and Transportation: to in part B of the Rules Committee report will be hold hearings on S. 1510, to revise the laws of the considered only in the order specified in the report, United States appertaining to United States cruise vessels, may be offered only by a Member designated in the 9:30 a.m., SR–253. report, shall be considered as read, shall be debatable Committee on Environment and Public Works: to hold hear- for the time specified in the report equally divided ings on the nomination of Glenn L. McCullough, Jr., of and controlled by the proponent and an opponent Mississippi, to be a Member of the Board of Directors of and shall not be subject to amendment. The rule the Tennessee Valley Authority; the nomination of Skila waives all points of order against the amendments Harris, of Kentucky, to be a Member of the Board of Di- printed in part B of the report except that the adop- rectors of the Tennessee Valley Authority for the remain- tion of an amendment in the nature of a substitute der of the term expiring May 18, 2005; the nomination of Gerald V. Poje, of Virginia, to be a Member of the shall constitute the conclusion of consideration of the Chemical Safety and Hazard Investigation Board; and S. bill for amendment. The rule provides one motion to 1323, to amend the Federal Power Act to ensure that cer- recommit H.R. 2723, with or without instructions. tain Federal power customers are provided protection by Finally, the rule provides that in the engrossment of the Federal Energy Regulatory Commission, 3 p.m., H.R. 2990, the clerk shall add the text of H.R. SD–406. 2723, as passed by the House, as a new matter at Committee on Foreign Relations: to hold hearings to exam- the end of H.R. 2990, and then lay H.R. 2723 on ine United States support for the peace process and anti- the table. drug efforts in Colombia, 10 a.m., SD–419. Full Committee, to hold hearings to examine the con- PLANT GENOME SCIENCE duct of the NATO air campaign in Yugoslavia, 2:15 p.m., SD–419. Committee on Science: Subcommittee on Basic Research Select Committee on Intelligence: to hold closed hearings on continued hearings on Plant Genome Science: From pending intelligence matters, 2 p.m., SH–219. the Lab to the Field to the Market, Part 2. Testi- Committee on the Judiciary: Subcommittee on Tech- mony was heard from public witnesses. nology, Terrorism, and Government Information, to hold October 5, 1999 CONGRESSIONAL RECORD — DAILY DIGEST D1093 hearings to examine fiber terrorism on computer infra- on Energy and Environment of the Committee on structure, 10 a.m., SD–226. Science, joint hearing on Is CO2 a Pollutant and Does Full Committee, to hold hearings on S. 1455, to en- EPA Have the Power to Regulate It? 2:30 p.m., 2247 hance protections against fraud in the offering of financial Rayburn. assistance for college education, 2 p.m., SD–226. Committee on International Relations, hearing on U.S. Pol- icy Toward Russia, Part I: Warnings and Dissent, 10 House a.m., 2172 Rayburn. Committee on Agriculture, hearing to review the USDA’s Subcommittee on International Operations and Human Russian Food Aid Program, 10 a.m., 1300 Longworth. Rights, hearing on the First Annual State Department Committee on Commerce, Subcommittee on Energy and Report on International Religious Freedom, 2 p.m., 2172 Power, to continue hearings on H.R. 2944, Electricity Rayburn. Competition and Reliability Act of 1999, 10 a.m., 2123 Committee on Resources, to consider the following bills: S. Rayburn. 278, to direct the Secretary of the Interior to convey cer- Subcommittee on Oversight and Investigations, to con- tain lands to the County of Rio Arriba, New Mexico; S. sider the authorization of subpoena(s) with respect to on- 382, Minuteman Missile National Historic Site Establish- going investigations by the Committee; followed by a ment Act of 1999; H.R. 2496, to reauthorize the Junior continuation of hearings on Blood Safety and Availability, Duck Stamp Conservation and Design Program Act of 10 a.m., 2322 Rayburn. 1999; H.R. 2669, Coastal Community Conservation Act Committee on Education and the Workforce, to continue of 1999; H.R. 2821, to amend the North American Wet- mark up of H.R. 2, to send more dollars to the class- lands Conservation Act to provide for appointment of 2 room, and to mark up the following measures: H.R. additional members of the North American Wetlands 2300, Academic Achievement for All Act (Straight A’s Conservation Council; H.R. 2970, Rongelap Resettlement Act); and H. Res. 303, expressing the sense of the House Act of 1999; and the Resources Reports Restoration Act, of Representatives urging that 95 percent of Federal edu- 11 a.m., 1324 Longworth. cation dollars be spent in the classroom, 10:30 a.m., Committee on Rules, to consider a measure making ap- 2175 Rayburn. propriations for the Departments of Labor, Health and Committee on Government Reform, Subcommittee on Gov- Human Services, and Education, and related agencies for ernment Management, Information, and Technology and the fiscal year ending September 20, 2000, 1:30 p.m., the Subcommittee on Technology of the Committee on H–313 Capitol. Science, joint hearing on State of the States: Will Y2K Committee on Transportation and Infrastructure, Sub- Disrupt Essential Services? 10 a.m., 2154 Rayburn. committee on Water Resources and Environment, hearing Subcommittee on National Economic Growth, Natural on H.R. 2332, Binational Great Lakes-Seaway Enhance- Resources and Regulatory Affairs and the Subcommittee ment Act of 1999, 10 a.m., 2167 Rayburn. D1094 CONGRESSIONAL RECORD — DAILY DIGEST October 5, 1999

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Wednesday, October 6 10 a.m., Wednesday, October 6

Senate Chamber House Chamber Program for Wednesday: Senate will resume consider- Program for Wednesday: Consideration of H.R. 2990, ation of S. 1650, Labor/HHS/Education Appropriations. Quality Care for the Uninsured Act (structured rule, two Also, Senate will consider any conference reports when hours of general debate); and available. Consideration of H.R. 2723, Bipartisan Consensus Managed Care Improvement Act of 1999 (structured rule, three hours of general debate).

Extensions of Remarks, as inserted in this issue

HOUSE Gilman, Benjamin A., N.Y., E2028, E2029 Spence, Floyd, S.C., E2029, E2031 Kucinich, Dennis J., Ohio, E2028, E2030, E2031 Stabenow, Debbie, Mich., E2032 Andrews, Robert E., N.J., E2028, E2030 McInnis, Scott, Colo., E2027 Tauscher, Ellen O., Calif., E2028 Bliley, Tom, Va., E2027 Mink, Patsy T., Hawaii, E2027, E2031 Turner, Jim, Tex., E2030 Burton, Dan, Ind., E2029 Radanovich, George, Calif., E2029, E2031 Young, Don, Alaska, E2030 Carson, Julia, Ind., E2029 Skelton, Ike, Mo., E2032

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